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Title 42 — The Public Health and Welfare

Chapter 152 — Energy Independence and Security

§ 17384. Smart grid technology research, development, and demonstration

Statutory text

(a)

Power grid digital information technology

The Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate agencies, electric utilities, the States, and other stakeholders, shall carry out a research, development, and demonstration program—

(1)

to develop advanced techniques for measuring peak load reductions and energy-efficiency savings from smart metering, demand response, distributed generation, and electricity storage systems;

(2)

to investigate means for demand response, distributed generation, and storage to provide ancillary services;

(3)

to conduct research to advance the use of wide-area measurement and control networks, including data mining, visualization, advanced computing, and secure and dependable communications in a highly-distributed environment;

(4)

to test new reliability technologies, including those concerning communications network capabilities, in a grid control room environment against a representative set of local outage and wide area blackout scenarios;

(5)

to identify communications network capacity needed to implement advanced technologies.1

(6)

to investigate the feasibility of a transition to time-of-use and real-time electricity pricing;

(7)

to develop algorithms for use in electric transmission system software applications;

(8)

to promote the use of underutilized electricity generation capacity in any substitution of electricity for liquid fuels in the transportation system of the United States; and

(9)

in consultation with the Federal Energy Regulatory Commission, to propose interconnection protocols to enable electric utilities to access electricity stored in vehicles to help meet peak demand loads.

(b)

Smart grid regional demonstration initiative

(1)

In general

The Secretary shall establish a smart grid regional demonstration initiative (referred to in this subsection as the “Initiative”) composed of demonstration projects focused on cost-effective, advanced technologies for use in power grid sensing, communications, analysis, power flow control, visualization, distribution automation, industrial control systems, dynamic line rating systems, grid redesign, and the integration of distributed energy resources.

(2)

Goals

The goals of the Initiative shall be—

(A)

to demonstrate the potential benefits of concentrated investments in advanced grid technologies on a regional grid;

(B)

to facilitate the commercial transition from the current power transmission and distribution system technologies to advanced technologies;

(C)

to facilitate the integration of advanced technologies in existing electric networks to improve system performance, power flow control, and reliability;

(D)

to demonstrate protocols and standards that allow for the measurement and validation of the energy savings and fossil fuel emission reductions associated with the installation and use of energy efficiency and demand response technologies and practices;

(E)

to investigate differences in each region and regulatory environment regarding best practices in implementing smart grid technologies; and

(F)

to encourage the commercial application of advanced distribution automation technologies that exert intelligent control over electrical grid functions at the distribution level to improve system resilience.

(3)

Demonstration projects

(A)

In general

In carrying out the initiative,2 the Secretary shall provide financial support to smart grid demonstration projects in urban, suburban, tribal, and rural areas, including areas where electric system assets are controlled by nonprofit entities and areas where electric system assets are controlled by investor-owned utilities.

(B)

Cooperation

A demonstration project under subparagraph (A) shall be carried out in cooperation with the electric utility that owns the grid facilities in the electricity control area in which the demonstration project is carried out.

(C)

Federal share of cost of technology investments

The Secretary shall provide to an electric utility described in subparagraph (B) or to other parties financial assistance for use in paying an amount equal to not more than 50 percent of the cost of qualifying advanced grid technology investments made by the electric utility or other party to carry out a demonstration project.

(D)

Ineligibility for grants

No person or entity participating in any demonstration project conducted under this subsection shall be eligible for grants under section 17386 of this title for otherwise qualifying investments made as part of that demonstration project.

(E)

Availability of data

The Secretary shall establish and maintain a smart grid information clearinghouse in a timely manner which will make data from smart grid demonstration projects and other sources available to the public. As a condition of receiving financial assistance under this subsection, a utility or other participant in a smart grid demonstration project shall provide such information as the Secretary may require to become available through the smart grid information clearinghouse in the form and within the timeframes as directed by the Secretary. The Secretary shall assure that business proprietary information and individual customer information is not included in the information made available through the clearinghouse.

(F)

Open protocols and standards

The Secretary shall require as a condition of receiving funding under this subsection that demonstration projects utilize open protocols and standards (including Internet-based protocols and standards) if available and appropriate.

(c)

Authorization of appropriations

There are authorized to be appropriated—

(1)

to carry out subsection (a), such sums as are necessary for each of fiscal years 2008 through 2012; and

(2)

to carry out subsection (b), such sums as may be necessary.

Footnotes

  1. 1 So in original. The period probably should be a semicolon.
  2. 2 So in original. Probably should be “Initiative,”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Energy Independence and Security Act of 2007

    Pub. L. 110–140 title XIII § 1304 · 121 Stat. 1492

    Enacted · 42 U.S.C. § 17384

    Pub. L. 110–140, title XIII, § 1304, Dec. 19, 2007, 121 Stat. 1786

    Source evidence

    Code source credit
    Pub. L. 110–140, title XIII, § 1304, Dec. 19, 2007, 121 Stat. 1786

    Enacted provision · exact public law section
    SEC. 1304. SMART GRID TECHNOLOGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION. (a) Power Grid Digital Information Technology.— The Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate agencies, electric utilities, the States, and other stakeholders, shall carry out a program— (1) to develop advanced techniques for measuring peak load reductions and energy-efficiency savings from smart metering, demand response, distributed generation, and electricity storage systems; (2) to investigate means for demand response, distributed generation, and storage to provide ancillary services; (3) to conduct research to advance the use of wide-area measurement and control networks, including data mining, visualization, advanced computing, and secure and dependable communications in a highly-distributed environment; (4) to test new reliability technologies, including those concerning communications network capabilities, in a grid control room environment against a representative set of local outage and wide area blackout scenarios; (5) to identify communications network capacity needed to implement advanced technologies. (6) to investigate the feasibility of a transition to time-of-use and real-time electricity pricing; (7) to develop algorithms for use in electric transmission system software applications; (8) to promote the use of underutilized electricity generation capacity in any substitution of electricity for liquid fuels in the transportation system of the United States; and (9) in consultation with the Federal Energy Regulatory Commission, to propose interconnection protocols to enable electric utilities to access electricity stored in vehicles to help meet peak demand loads. (b) Smart Grid Regional Demonstration Initiative.— (1) In general.— The Secretary shall establish a smart grid regional demonstration initiative (referred to in this subsection as the “Initiative”) composed of demonstration projects specifically focused on advanced technologies for use in power grid sensing, communications, analysis, and power flow control. The Secretary shall seek to leverage existing smart grid deployments. (2) Goals.— The goals of the Initiative shall be— (A) to demonstrate the potential benefits of concentrated investments in advanced grid technologies on a regional grid; (B) to facilitate the commercial transition from the current power transmission and distribution system technologies to advanced technologies; (C) to facilitate the integration of advanced technologies in existing electric networks to improve system performance, power flow control, and reliability; (D) to demonstrate protocols and standards that allow for the measurement and validation of the energy savings and fossil fuel emission reductions associated with the installation and use of energy efficiency and demand response technologies and practices; and (E) to investigate differences in each region and regulatory environment regarding best practices in implementing smart grid technologies. (3) Demonstration projects.— (A) In general.— In carrying out the initiative, the Secretary shall carry out smart grid demonstration projects in up to 5 electricity control areas, including rural areas and at least 1 area in which the majority of generation and transmission assets are controlled by a tax-exempt entity. (B) Cooperation.— A demonstration project under subparagraph (A) shall be carried out in cooperation with the electric utility that owns the grid facilities in the electricity control area in which the demonstration project is carried out. (C) Federal share of cost of technology investments.— The Secretary shall provide to an electric utility described in subparagraph (B) financial assistance for use in paying an amount equal to not more than 50 percent of the cost of qualifying advanced grid technology investments made by the electric utility to carry out a demonstration project. (D) Ineligibility for grants.— No person or entity participating in any demonstration project conducted under this subsection shall be eligible for grants under section 1306 for otherwise qualifying investments made as part of that demonstration project. (c) Authorization of Appropriations.— There are authorized to be appropriated— (1) to carry out subsection (a), such sums as are necessary for each of fiscal years 2008 through 2012; and (2) to carry out subsection (b), $100,000,000 for each of fiscal years 2008 through 2012.

  2. American Recovery and Reinvestment Act of 2009

    Pub. L. 111–5 § 405(1) · 123 Stat. 115

    Amended · 42 U.S.C. § 17384(b)(3)(A)

    Pub. L. 111–5, § 405(1), amended subpar. (A) generally. Prior to amendment, text read as follows: “In carrying out the initiative, the Secretary shall carry out smart grid demonstration projects in up to 5 electricity control areas, including rural areas and at least 1 area in which the majority of generation and transmission assets are controlled by a tax-exempt entity.”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(A). Pub. L. 111–5, § 405(1), amended subpar. (A) generally. Prior to amendment, text read as follows: “In carrying out the initiative, the Secretary shall carry out smart grid demonstration projects in up to 5 electricity control areas, including rural areas and at least 1 area in which the majority of generation and transmission assets are controlled by a tax-exempt entity.”

    Enacted provision · exact public law section
    (1) By amending subparagraph (A) of 42 USC 17384. section 1304(b)(3) to read as follows: “(A) In general.— In carrying out the initiative, the Secretary shall provide financial support to smart grid demonstration projects in urban, suburban, tribal, and rural areas, including areas where electric system assets are controlled by nonprofit entities and areas where electric system assets are controlled by investor-owned utilities.” .

  3. American Recovery and Reinvestment Act of 2009

    Pub. L. 111–5 § 405(2) · 123 Stat. 115

    Amended · 42 U.S.C. § 17384(b)(3)(C)

    Pub. L. 111–5, § 405(2), amended subpar. (C) generally. Prior to amendment, text read as follows: “The Secretary shall provide to an electric utility described in subparagraph (B) financial assistance for use in paying an amount equal to not more than 50 percent of the cost of qualifying advanced grid technology investments made by the electric utility to carry out a demonstration project.”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(C). Pub. L. 111–5, § 405(2), amended subpar. (C) generally. Prior to amendment, text read as follows: “The Secretary shall provide to an electric utility described in subparagraph (B) financial assistance for use in paying an amount equal to not more than 50 percent of the cost of qualifying advanced grid technology investments made by the electric utility to carry out a demonstration project.”

    Enacted provision · exact public law section
    (2) By amending subparagraph (C) of section 1304(b)(3) to read as follows: “(C) Federal share of cost of technology investments.— The Secretary shall provide to an electric utility described in subparagraph (B) or to other parties financial assistance for use in paying an amount equal to not more than 50 percent of the cost of qualifying advanced grid technology investments made by the electric utility or other party to carry out a demonstration project.” .

  4. American Recovery and Reinvestment Act of 2009

    Pub. L. 111–5 § 405(3) · 123 Stat. 115

    Added · 42 U.S.C. § 17384(b)(3)(E); 42 U.S.C. § 17384(b)(3)(F)

    Pub. L. 111–5, § 405(3), added subpars. (E) and (F)

    Source evidence

    Code amendment note
    Subsec. (b)(3)(E), (F). Pub. L. 111–5, § 405(3), added subpars. (E) and (F).

    Enacted provision · exact public law section
    (3) By inserting after section 1304(b)(3)(D) the following new subparagraphs: “(E) Availability of data.— The Clearinghouse. Secretary shall establish and maintain a smart grid information clearinghouse in a timely manner which will make data from smart grid demonstration projects and other sources available to the public. As a condition of receiving financial assistance under this subsection, a utility or other participant in a smart grid demonstration project shall provide such information as the Secretary may require to become available through the smart grid information clearinghouse in the form and within the timeframes as directed by the Secretary. The Secretary shall assure that business proprietary information and individual customer information is not included in the information made available through the clearinghouse. “(F) Open protocols and standards.— The Secretary shall require as a condition of receiving funding under this subsection that demonstration projects utilize open protocols and standards (including Internet-based protocols and standards) if available and appropriate.” .

  5. American Recovery and Reinvestment Act of 2009

    Pub. L. 111–5 § 405(4) · 123 Stat. 115

    Amended · 42 U.S.C. § 17384(c)(2)

    Pub. L. 111–5, § 405(4), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “to carry out subsection (b), $100,000,000 for each of fiscal years 2008 through 2012.”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 111–5, § 405(4), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “to carry out subsection (b), $100,000,000 for each of fiscal years 2008 through 2012.”

    Enacted provision · exact public law section
    (4) By amending paragraph (2) of 42 USC 17384. section 1304(c) to read as follows: “(2) to carry out subsection (b), such sums as may be necessary.” .

  6. Department of Defense Appropriations Act, 2021

    Pub. L. 116–260 § 8001(1) · 134 Stat. 1182

    Inserted · 42 U.S.C. § 17384(a)

    Pub. L. 116–260, § 8001(1), inserted “research, development, and demonstration” before “program” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–260, § 8001(1), inserted “research, development, and demonstration” before “program” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 8001. No Propaganda. part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.

  7. Department of Defense Appropriations Act, 2021

    Pub. L. 116–260 § 8001(2)(A) · 134 Stat. 1182

    Amended · 42 U.S.C. § 17384(b)(1)

    Pub. L. 116–260, § 8001(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall establish a smart grid regional demonstration initiative (referred to in this subsection as the ‘Initiative’) composed of demonstration projects specifically focused on advanced technologies for use in power grid sensing, communications, analysis, and power flow control. The Secretary shall seek to leverage existing smart grid deployments.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 116–260, § 8001(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall establish a smart grid regional demonstration initiative (referred to in this subsection as the ‘Initiative’) composed of demonstration projects specifically focused on advanced technologies for use in power grid sensing, communications, analysis, and power flow control. The Secretary shall seek to leverage existing smart grid deployments.”

    Enacted provision · exact public law section
    Sec. 8001. No Propaganda. part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.

  8. Department of Defense Appropriations Act, 2021

    Pub. L. 116–260 § 8001(2)(B) · 134 Stat. 1182

    Added · 42 U.S.C. § 17384(b)(2)(F)

    Pub. L. 116–260, § 8001(2)(B), added subpar. (F)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(F). Pub. L. 116–260, § 8001(2)(B), added subpar. (F).

    Enacted provision · exact public law section
    Sec. 8001. No Propaganda. part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.

8 of 8 references resolved to an enrolled provision

Editorial Notes

Amendments2009–2020 · 2 rounds

2020

Subsec. (a). Pub. L. 116–260, § 8001(1), inserted “research, development, and demonstration” before “program” in introductory provisions.

Subsec. (b)(1). Pub. L. 116–260, § 8001(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall establish a smart grid regional demonstration initiative (referred to in this subsection as the ‘Initiative’) composed of demonstration projects specifically focused on advanced technologies for use in power grid sensing, communications, analysis, and power flow control. The Secretary shall seek to leverage existing smart grid deployments.”

Subsec. (b)(2)(F). Pub. L. 116–260, § 8001(2)(B), added subpar. (F).

2009

Subsec. (b)(3)(A). Pub. L. 111–5, § 405(1), amended subpar. (A) generally. Prior to amendment, text read as follows: “In carrying out the initiative, the Secretary shall carry out smart grid demonstration projects in up to 5 electricity control areas, including rural areas and at least 1 area in which the majority of generation and transmission assets are controlled by a tax-exempt entity.”

Subsec. (b)(3)(C). Pub. L. 111–5, § 405(2), amended subpar. (C) generally. Prior to amendment, text read as follows: “The Secretary shall provide to an electric utility described in subparagraph (B) financial assistance for use in paying an amount equal to not more than 50 percent of the cost of qualifying advanced grid technology investments made by the electric utility to carry out a demonstration project.”

Subsec. (b)(3)(E), (F). Pub. L. 111–5, § 405(3), added subpars. (E) and (F).

Subsec. (c)(2). Pub. L. 111–5, § 405(4), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “to carry out subsection (b), $100,000,000 for each of fiscal years 2008 through 2012.”

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 day after , see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

Credits

2007–2020 · 3 acts
  1. 2007Pub. L. 110–140, title XIII, § 1304, , 121 Stat. 1786
  2. 2009Pub. L. 111–5, div. A, title IV, § 405(1)–(4), , 123 Stat. 143, 144
  3. 2020Pub. L. 116–260, div. Z, title VIII, § 8001, , 134 Stat. 2578.
Show as published

(Pub. L. 110–140, title XIII, § 1304, , 121 Stat. 1786; Pub. L. 111–5, div. A, title IV, § 405(1)–(4), , 123 Stat. 143, 144; Pub. L. 116–260, div. Z, title VIII, § 8001, , 134 Stat. 2578.)

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