S.Amdt. 2283

SA 2283. Ms. COLLINS (for herself, Mr. Heinrich, and Ms. Smith)
submitted an amendment intended to be proposed by her to the bill S.
4049, to authorize appropriations for fiscal year 2021 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following:

SEC. 3__. BETTER ENERGY STORAGE TECHNOLOGY.

(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Energy storage system.--The term ``energy storage
system'' means any system, equipment, facility, or technology
that--
(A) is capable of absorbing or converting energy, storing
the energy for a period of time, and dispatching the energy;
and
(B)(i) uses mechanical, electrochemical, thermal,
electrolysis, or other processes to convert and store
electric energy that was generated at an earlier time for use
at a later time; or
(ii) stores energy in an electric, thermal, or gaseous
state for direct use for heating or cooling at a later time
in a manner that avoids the need to use electricity or other
fuel sources at that later time, such as a grid-enabled water
heater.
(3) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Energy Storage System Research, Development, and
Deployment Program.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
program, to be known as the ``Energy Storage System Research,
Development, and Deployment Program'' (referred to in this
subsection as the ``program'').
(2) Initial program objectives.--The program shall focus on
research, development, and deployment of--
(A) energy storage systems designed to further the
development of technologies--
(i) for large-scale commercial deployment;
(ii) for deployment at cost targets established by the
Secretary;
(iii) for hourly and subhourly durations required to
provide reliability services to the grid;
(iv) for daily durations, which have--

(I) the capacity to discharge energy for a minimum of 6
hours; and
(II) a system lifetime of at least 20 years under regular
operation;

(v) for weekly or monthly durations, which have--

(I) the capacity to discharge energy for 10 to 100 hours,
at a minimum; and
(II) a system lifetime of at least 20 years under regular
operation; and

(vi) for seasonal durations, which have--

(I) the capability to address seasonal variations in supply
and demand; and
(II) a system lifetime of at least 20 years under regular
operation;

(B) distributed energy storage technologies and
applications, including building-grid integration;
(C) transportation energy storage technologies and
applications, including vehicle-grid integration;
(D) cost-effective systems and methods for--
(i) the reclamation, recycling, and disposal of energy
storage materials, including lithium, cobalt, nickel, and
graphite; and
(ii) the reuse and repurposing of energy storage system
technologies;
(E) advanced control methods for energy storage systems;
(F) pumped hydroelectric energy storage systems to
advance--
(i) adoption of innovative technologies, including--

(I) adjustable-speed, ternary, and other new pumping and
generating equipment designs;
(II) modular systems;
(III) closed-loop systems, including mines and quarries;
and
(IV) other critical equipment and materials for pumped
hydroelectric energy storage, as determined by the Secretary;
and

(ii) reductions of equipment costs, civil works costs, and
construction times for pumped hydroelectric energy storage
projects, with the goal of reducing those costs by 50
percent;
(G) models and tools to demonstrate the benefits of energy
storage to--
(i) power and water supply systems;
(ii) electric generation portfolio optimization; and
(iii) expanded deployment of other renewable energy
technologies, including in hybrid energy storage systems; and
(H) energy storage use cases from individual and
combination technology applications, including value from
various-use cases and energy storage services.
(3) Testing and validation.--In coordination with 1 or more
National Laboratories, the Secretary shall accelerate the
development, standardized testing, and validation of energy
storage systems under the program

[[Page S3730]]

by developing testing and evaluation methodologies for--
(A) storage technologies, controls, and power electronics
for energy storage systems under a variety of operating
conditions;
(B) standardized and grid performance testing for energy
storage systems, materials, and technologies during each
stage of development, beginning with the research stage and
ending with the deployment stage;
(C) reliability, safety, and durability testing under
standard and evolving duty cycles; and
(D) accelerated life testing protocols to predict estimated
lifetime metrics with accuracy.
(4) Periodic evaluation of program objectives.--Not less
frequently than once every calendar year, the Secretary shall
evaluate and, if necessary, update the program objectives to
ensure that the program continues to advance energy storage
systems toward widespread commercial deployment by lowering
the costs and increasing the duration of energy storage
resources.
(5) Energy storage strategic plan.--
(A) In general.--The Secretary shall develop a 10-year
strategic plan for the program, and update the plan, in
accordance with this paragraph.
(B) Contents.--The strategic plan developed under
subparagraph (A) shall--
(i) be coordinated with and integrated across other
relevant offices in the Department;
(ii) to the extent practicable, include metrics that can be
used to evaluate storage technologies;
(iii) identify Department programs that--

(I) support the research and development activities
described in paragraph (2) and the demonstration projects
under subsection (c); and
(II)(aa) do not support the activities or projects
described in subclause (I); but
(bb) are important to the development of energy storage
systems and the mission of the Department, as determined by
the Secretary;

(iv) include expected timelines for--

(I) the accomplishment of relevant objectives under current
programs of the Department relating to energy storage
systems; and
(II) the commencement of any new initiatives within the
Department relating to energy storage systems to accomplish
those objectives; and

(v) incorporate relevant activities described in the Grid
Modernization Initiative Multi-Year Program Plan.
(C) Submission to congress.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committees on Energy and Commerce and Science,
Space, and Technology of the House of Representatives the
strategic plan developed under subparagraph (A).
(D) Updates to plan.--The Secretary--
(i) shall annually review the strategic plan developed
under subparagraph (A); and
(ii) may periodically revise the strategic plan as
appropriate.
(6) Leveraging of resources.--The program may be led by a
specific office of the Department, but shall be cross-cutting
in nature, so that in carrying out activities under the
program, the Secretary (or a designee of the Secretary
charged with leading the program) shall leverage existing
Federal resources, including, at a minimum, the expertise and
resources of--
(A) the Office of Electricity Delivery and Energy
Reliability;
(B) the Office of Energy Efficiency and Renewable Energy,
including the Water Power Technologies Office; and
(C) the Office of Science, including--
(i) the Basic Energy Sciences Program;
(ii) the Advanced Scientific Computing Research Program;
(iii) the Biological and Environmental Research Program;
and
(D) the Electricity Storage Research Initiative established
under section 975 of the Energy Policy Act of 2005 (42 U.S.C.
16315).
(7) Protecting privacy and security.--In carrying out this
subsection, the Secretary shall identify, incorporate, and
follow best practices for protecting the privacy of
individuals and businesses and the respective sensitive data
of the individuals and businesses, including by managing
privacy risk and implementing the Fair Information Practice
Principles of the Federal Trade Commission for the
collection, use, disclosure, and retention of individual
electric consumer information in accordance with the Office
of Management and Budget Circular A-130 (or successor
circulars).
(c) Energy Storage Demonstration Projects; Pilot Grant
Program.--
(1) Demonstration projects.--Not later than September 30,
2023, the Secretary shall, to the maximum extent practicable,
enter into agreements to carry out not fewer than 5 energy
storage system demonstration projects, including at least 1
energy storage system demonstration project designed to
further the development of technologies described in clause
(v) or (vi) of subsection (b)(2)(A).
(2) Energy storage pilot grant program.--
(A) Definition of eligible entity.--In this paragraph, the
term ``eligible entity'' means--
(i) a State energy office (as defined in section 124(a) of
the Energy Policy Act of 2005 (42 U.S.C. 15821(a)));
(ii) an Indian tribe (as defined in section 4 of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4103);
(iii) a tribal organization (as defined in section 3765 of
title 38, United States Code);
(iv) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001));
(v) an electric utility, including--

(I) an electric cooperative;
(II) a political subdivision of a State, such as a
municipally owned electric utility, or any agency, authority,
corporation, or instrumentality of a State political
subdivision; and
(III) an investor-owned utility; and

(vi) a private energy storage company.
(B) Establishment.--The Secretary shall establish a
competitive grant program under which the Secretary shall
award grants to eligible entities to carry out demonstration
projects for pilot energy storage systems.
(C) Selection requirements.--In selecting eligible entities
to receive a grant under subparagraph (B), the Secretary
shall, to the maximum extent practicable--
(i) ensure regional diversity among eligible entities
awarded grants, including ensuring participation of eligible
entities that are rural States and States with high energy
costs;
(ii) ensure that grants are awarded for demonstration
projects that--

(I) expand on the existing technology demonstration
programs of the Department;
(II) are designed to achieve 1 or more of the objectives
described in subparagraph (D); and
(III) inject or withdraw energy from the bulk power system,
electric distribution system, building energy system, or
microgrid (grid-connected or islanded mode) where the project
is located; and

(iii) give consideration to proposals from eligible
entities for securing energy storage through competitive
procurement or contract for service.
(D) Objectives.--Each demonstration project carried out by
a grant awarded under subparagraph (B) shall have 1 or more
of the following objectives:
(i) To improve the security of critical infrastructure and
emergency response systems.
(ii) To improve the reliability of transmission and
distribution systems, particularly in rural areas, including
high-energy-cost rural areas.
(iii) To optimize transmission or distribution system
operation and power quality to defer or avoid costs of
replacing or upgrading electric grid infrastructure,
including transformers and substations.
(iv) To supply energy at peak periods of demand on the
electric grid or during periods of significant variation of
electric grid supply.
(v) To reduce peak loads of homes and businesses.
(vi) To improve and advance power conversion systems.
(vii) To provide ancillary services for grid stability and
management.
(viii) To integrate renewable energy resource production.
(ix) To increase the feasibility of microgrids (grid-
connected or islanded mode).
(x) To enable the use of stored energy in forms other than
electricity to support the natural gas system and other
industrial processes.
(xi) To integrate fast charging of electric vehicles.
(xii) To improve energy efficiency.
(3) Reports.--Not less frequently than once every 2 years
for the duration of the programs under paragraphs (1) and
(2), the Secretary shall submit to Congress and make publicly
available a report describing the performance of those
programs.
(4) No project ownership interest.--The Federal Government
shall not hold any equity or other ownership interest in any
energy storage system that is part of a project under this
subsection unless the holding is agreed to by each
participant of the project.
(d) Technical and Planning Assistance Program.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity'' means--
(i) an electric cooperative;
(ii) a political subdivision of a State, such as a
municipally owned electric utility, or any agency, authority,
corporation, or instrumentality of a State political
subdivision;
(iii) a not-for-profit entity that is in a partnership with
not less than 6 entities described in clause (i) or (ii); and
(iv) an investor-owned utility.
(B) Program.--The term ``program'' means the technical and
planning assistance program established under paragraph
(2)(A).
(2) Establishment.--
(A) In general.--The Secretary shall establish a technical
and planning assistance program to assist eligible entities
in identifying, evaluating, planning, designing, and
developing processes to procure energy storage systems.
(B) Assistance and grants.--Under the program, the
Secretary shall--
(i) provide technical and planning assistance, including
disseminating information, directly to eligible entities; and

[[Page S3731]]

(ii) award grants to eligible entities to contract to
obtain technical and planning assistance from outside
experts.
(C) Focus.--In carrying out the program, the Secretary
shall focus on energy storage system projects that have the
greatest potential for--
(i) strengthening the reliability and resiliency of energy
infrastructure;
(ii) reducing the cost of energy storage systems;
(iii) improving the feasibility of microgrids (grid-
connected or islanded mode), particularly in rural areas,
including high energy cost rural areas;
(iv) reducing consumer electricity costs; or
(v) maximizing local job creation.
(3) Technical and planning assistance.--
(A) In general.--Technical and planning assistance provided
under the program shall include assistance with 1 or more of
the following activities relating to energy storage systems:
(i) Identification of opportunities to use energy storage
systems.
(ii) Feasibility studies to assess the potential for
development of new energy storage systems or improvement of
existing energy storage systems.
(iii) Assessment of technical and economic characteristics,
including a cost-benefit analysis.
(iv) Utility interconnection.
(v) Permitting and siting issues.
(vi) Business planning and financial analysis.
(vii) Engineering design.
(viii) Resource adequacy planning.
(ix) Resilience planning and valuation.
(B) Exclusion.--Technical and planning assistance provided
under the program shall not be used to pay any person for
influencing or attempting to influence an officer or employee
of any Federal, State, or local agency, a Member of Congress,
an employee of a Member of Congress, a State or local
legislative body, or an employee of a State or local
legislative body.
(4) Information dissemination.--The information
disseminated under paragraph (2)(B)(i) shall include--
(A) information relating to the topics described in
paragraph (3)(A), including case studies of successful
examples;
(B) computational tools or software for assessment, design,
and operation and maintenance of energy storage systems;
(C) public databases that track existing and planned energy
storage systems;
(D) best practices for the utility and grid operator
business processes associated with the topics described in
paragraph (3)(A); and
(E) relevant State policies or regulations associated with
the topics described in paragraph (3)(A).
(5) Applications.--
(A) In general.--The Secretary shall seek applications for
the program--
(i) on a competitive, merit-reviewed basis; and
(ii) on a periodic basis, but not less frequently than once
every 12 months.
(B) Application.--An eligible entity desiring to apply for
the program shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including whether the eligible
entity is applying for--
(i) direct technical or planning assistance under paragraph
(2)(B)(i); or
(ii) a grant under paragraph (2)(B)(ii).
(C) Priorities.--In selecting eligible entities for
technical and planning assistance under the program, the
Secretary shall give priority to eligible entities described
in clauses (i) and (ii) of paragraph (1)(A).
(6) Reports.--The Secretary shall submit to Congress and
make available to the public--
(A) not less frequently than once every 2 years, a report
describing the performance of the program, including a
synthesis and analysis of any information the Secretary
requires grant recipients to provide to the Secretary as a
condition of receiving a grant; and
(B) on termination of the program, an assessment of the
success of, and education provided by, the measures carried
out by eligible entities under the program.
(7) Cost-sharing.--Activities under this subsection shall
be subject to the cost-sharing requirements under section 988
of the Energy Policy Act of 2005 (42 U.S.C. 16352).
(e) Energy Storage Materials Recycling Prize Competition.--
Section 1008 of the Energy Policy Act of 2005 (42 U.S.C.
16396) is amended by adding at the end the following:
``(g) Energy Storage Materials Recycling Prize
Competition.--
``(1) Definition of critical energy storage materials.--In
this subsection, the term `critical energy storage materials'
includes--
``(A) lithium;
``(B) cobalt;
``(C) nickel;
``(D) graphite; and
``(E) any other material determined by the Secretary to be
critical to the continued growing supply of energy storage
resources.
``(2) Prize authority.--
``(A) In general.--As part of the program established under
subsection (a), the Secretary shall establish an award
program, to be known as the `Energy Storage Materials
Recycling Prize Competition' (referred to in this subsection
as the `program'), under which the Secretary shall carry out
prize competitions and make awards to advance the recycling
of critical energy storage materials.
``(B) Frequency.--To the maximum extent practicable, the
Secretary shall carry out a competition under the program not
less frequently than once every calendar year.
``(3) Eligibility.--
``(A) In general.--To be eligible to win a prize under the
program, an individual or entity--
``(i) shall have complied with the requirements of the
competition as described in the announcement for that
competition published in the Federal Register by the
Secretary under paragraph (6);
``(ii) in the case of a private entity, shall be
incorporated in the United States and maintain a primary
place of business in the United States;
``(iii) in the case of an individual, whether participating
singly or in a group, shall be a citizen of, or an alien
lawfully admitted for permanent residence in, the United
States.
``(B) Exclusions.--The following entities and individuals
shall not be eligible to win a prize under the program:
``(i) A Federal entity.
``(ii) A Federal employee (including an employee of a
National Laboratory) acting within the scope of employment.
``(4) Awards.--In carrying out the program, the Secretary
shall award cash prizes, in amounts to be determined by the
Secretary, to each individual or entity selected through a
competitive process to develop advanced methods or
technologies to recycle critical energy storage materials
from energy storage systems.
``(5) Criteria.--
``(A) In general.--The Secretary shall establish objective,
merit-based criteria for awarding the prizes in each
competition carried out under the program.
``(B) Requirements.--The criteria established under
subparagraph (A) shall prioritize advancements in methods or
technologies that present the greatest potential for large-
scale commercial deployment.
``(C) Consultation.--In establishing criteria under
subparagraph (A), the Secretary shall consult with
appropriate members of private industry involved in the
commercial deployment of energy storage systems.
``(6) Advertising and solicitation of competitors.--
``(A) In general.--The Secretary shall announce each prize
competition under the program by publishing a notice in the
Federal Register.
``(B) Requirements.--Each notice published under
subparagraph (A) shall describe the essential elements of the
competition, such as--
``(i) the subject of the competition;
``(ii) the duration of the competition;
``(iii) the eligibility requirements for participation in
the competition;
``(iv) the process for participants to register for the
competition;
``(v) the amount of the prize; and
``(vi) the criteria for awarding the prize.
``(7) Judges.--
``(A) In general.--For each prize competition under the
program, the Secretary shall assemble a panel of qualified
judges to select the winner or winners of the competition on
the basis of the criteria established under paragraph (5).
``(B) Selection.--The judges for each competition shall
include appropriate members of private industry involved in
the commercial deployment of energy storage systems.
``(C) Conflicts.--An individual may not serve as a judge in
a prize competition under the program if the individual, the
spouse of the individual, any child of the individual, or any
other member of the household of the individual--
``(i) has a personal or financial interest in, or is an
employee, officer, director, or agent of, any entity that is
a registered participant in the prize competition for which
the individual will serve as a judge; or
``(ii) has a familial or financial relationship with a
registered participant in the prize competition for which the
individual will serve as a judge.
``(8) Report to congress.--Not later than 60 days after the
date on which the first prize is awarded under the program,
and annually thereafter, the Secretary shall submit to
Congress a report that--
``(A) identifies each award recipient;
``(B) describes the advanced methods or technologies
developed by each award recipient; and
``(C) specifies actions being taken by the Department
toward commercial application of all methods or technologies
with respect to which a prize has been awarded under the
program.
``(9) Anti-deficiency act.--The Secretary shall carry out
the program in accordance with section 1341 of title 31,
United States Code (commonly referred to as the `Anti-
Deficiency Act').
``(10) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
such sums as are necessary for fiscal year 2021.''.
(f) Regulatory Actions to Encourage Energy Storage
Deployment.--
(1) Definitions.--In this subsection:
(A) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(B) Electric storage resource.--The term ``electric storage
resource'' means a resource capable of receiving electric
energy from the grid and storing that electric energy for
later injection back into the grid.
(2) Regulatory action.--

[[Page S3732]]

(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall issue a
regulation to identify the eligibility of, and process for,
electric storage resources--
(i) to receive cost recovery through Commission-regulated
rates for the transmission of electric energy in interstate
commerce; and
(ii) that receive cost recovery under clause (i) to receive
compensation for other services (such as the sale of energy,
capacity, or ancillary services) without regard to whether
those services are provided concurrently with the
transmission service described in clause (i).
(B) Prohibition of duplicate recovery.--Any regulation
issued under subparagraph (A) shall preclude the receipt of
unjust and unreasonable double recovery for electric storage
resources providing services described in clauses (i) and
(ii) of that subparagraph.
(3) Electric storage resources technical conference.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall convene a
technical conference on the potential for electric storage
resources to improve the operation of electric systems.
(B) Requirements.--The technical conference under
subparagraph (A) shall--
(i) identify opportunities for further consideration of
electric storage resources in regional and interregional
transmission planning processes within the jurisdiction of
the Commission;
(ii) identify all energy, capacity, and ancillary service
products, market designs, or rules that--

(I) are within the jurisdiction of the Commission; and
(II) enable and compensate for the use of electric storage
resources that improve the operation of electric systems;

(iii) examine additional products, market designs, or rules
that would enable and compensate for the use of electric
storage resources for improving the operation of electric
systems; and
(iv) examine the functional value of electric storage
resources at the transmission and distribution system
interface for purposes of providing electric system
reliability.
(g) Coordination.--To the maximum extent practicable, the
Secretary shall coordinate the activities under this section
(including activities conducted pursuant to the amendments
made by this section) among the offices and employees of the
Department, other Federal agencies, and other relevant
entities--
(1) to ensure appropriate collaboration; and
(2) to avoid unnecessary duplication of those activities.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out each of subsections (b)
through (d) such sums as are necessary for fiscal year 2021.
______