H. R. 6—292 

‘‘(B) PAYMENT.—Any company against which the 

Administrator assesses costs under this paragraph shall 

pay such costs. 

‘‘(2) DEPOSIT OF FUNDS.—Funds collected under this section 

shall be deposited in the account for salaries and expenses 

of the Administration. 

‘‘SEC. 394. MISCELLANEOUS. 

‘‘To the extent such procedures are not inconsistent with the 

requirements of this part, the Administrator may take such action 

as set forth in sections 309, 311, 312, and 314 and an officer, 

director, employee, agent, or other participant in the management 

or conduct of the affairs of a Renewable Fuel Capital Investment 

company shall be subject to the requirements of such sections. 

‘‘SEC. 395. REMOVAL OR SUSPENSION OF DIRECTORS OR OFFICERS. 

‘‘Using the procedures for removing or suspending a director 

or an officer of a licensee set forth in section 313 (to the extent 

such procedures are not inconsistent with the requirements of this 

part), the Administrator may remove or suspend any director or 

officer of any Renewable Fuel Capital Investment company. 

‘‘SEC. 396. REGULATIONS. 

‘‘The Administrator may issue such regulations as the Administrator determines necessary to carry out the provisions of this 

part in accordance with its purposes. 

‘‘SEC. 397. AUTHORIZATIONS OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—Subject to the availability of appropriations, 

the Administrator is authorized to make $15,000,000 in operational 

assistance grants under section 389 for each of fiscal years 2008 

and 2009. 

‘‘(b) FUNDS COLLECTED FOR EXAMINATIONS.—Funds deposited 

under section 393(c)(2) are authorized to be appropriated only for 

the costs of examinations under section 393 and for the costs 

of other oversight activities with respect to the program established 

under this part. 

‘‘SEC. 398. TERMINATION. 

‘‘The program under this part shall terminate at the end of 

the second full fiscal year after the date that the Administrator 

establishes the program under this part.’’. 

SEC. 1208. STUDY AND REPORT. 

The Administrator of the Small Business Administration shall 

conduct a study of the Renewable Fuel Capital Investment Program 

under part C of title III of the Small Business Investment Act 

of 1958, as added by this Act. Not later than 3 years after the 

date of enactment of this Act, the Administrator shall complete 

the study under this section and submit to Congress a report 

regarding the results of the study. 

TITLE XIII—SMART GRID 

SEC. 1301. STATEMENT OF POLICY ON MODERNIZATION OF ELECTRICITY GRID. 

It is the policy of the United States to support the modernization of the Nation’s electricity transmission and distribution system 
H. R. 6—293 

to maintain a reliable and secure electricity infrastructure that 

can meet future demand growth and to achieve each of the following, 

which together characterize a Smart Grid: 

(1) Increased use of digital information and controls technology to improve reliability, security, and efficiency of the 

electric grid. 

(2) Dynamic optimization of grid operations and resources, 

with full cyber-security. 

(3) Deployment and integration of distributed resources 

and generation, including renewable resources. 

(4) Development and incorporation of demand response, 

demand-side resources, and energy-efficiency resources. 

(5) Deployment of ‘‘smart’’ technologies (real-time, automated, interactive technologies that optimize the physical operation of appliances and consumer devices) for metering, communications concerning grid operations and status, and distribution automation. 

(6) Integration of ‘‘smart’’ appliances and consumer devices. 

(7) Deployment and integration of advanced electricity storage and peak-shaving technologies, including plug-in electric 

and hybrid electric vehicles, and thermal-storage air conditioning. 

(8) Provision to consumers of timely information and control 

options. 

(9) Development of standards for communication and interoperability of appliances and equipment connected to the electric grid, including the infrastructure serving the grid. 

(10) Identification and lowering of unreasonable or unnecessary barriers to adoption of smart grid technologies, practices, 

and services. 

SEC. 1302. SMART GRID SYSTEM REPORT. 

The Secretary, acting through the Assistant Secretary of the 

Office of Electricity Delivery and Energy Reliability (referred to 

in this section as the ‘‘OEDER’’) and through the Smart Grid 

Task Force established in section 1303, shall, after consulting with 

any interested individual or entity as appropriate, no later than 

1 year after enactment, and every 2 years thereafter, report to 

Congress concerning the status of smart grid deployments nationwide and any regulatory or government barriers to continued 

deployment. The report shall provide the current status and prospects of smart grid development, including information on technology penetration, communications network capabilities, costs, and 

obstacles. It may include recommendations for State and Federal 

policies or actions helpful to facilitate the transition to a smart 

grid. To the extent appropriate, it should take a regional perspective. In preparing this report, the Secretary shall solicit advice 

and contributions from the Smart Grid Advisory Committee created 

in section 1303; from other involved Federal agencies including 

but not limited to the Federal Energy Regulatory Commission 

(‘‘Commission’’), the National Institute of Standards and Technology 

(‘‘Institute’’), and the Department of Homeland Security; and from 

other stakeholder groups not already represented on the Smart 

Grid Advisory Committee. 

SEC. 1303. SMART GRID ADVISORY COMMITTEE AND SMART GRID TASK 

FORCE. 

(a) SMART GRID ADVISORY COMMITTEE.— 
H. R. 6—294 

(1) ESTABLISHMENT.—The Secretary shall establish, within 

90 days of enactment of this Part, a Smart Grid Advisory 

Committee (either as an independent entity or as a designated 

sub-part of a larger advisory committee on electricity matters). 

The Smart Grid Advisory Committee shall include eight or 

more members appointed by the Secretary who have sufficient 

experience and expertise to represent the full range of smart 

grid technologies and services, to represent both private and 

non-Federal public sector stakeholders. One member shall be 

appointed by the Secretary to Chair the Smart Grid Advisory 

Committee. 

(2) MISSION.—The mission of the Smart Grid Advisory Committee shall be to advise the Secretary, the Assistant Secretary, 

and other relevant Federal officials concerning the development 

of smart grid technologies, the progress of a national transition 

to the use of smart-grid technologies and services, the evolution 

of widely-accepted technical and practical standards and protocols to allow interoperability and inter-communication among 

smart-grid capable devices, and the optimum means of using 

Federal incentive authority to encourage such progress. 

(3) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 

The Federal Advisory Committee Act (5 U.S.C. App.) shall 

apply to the Smart Grid Advisory Committee. 

(b) SMART GRID TASK FORCE.— 

(1) ESTABLISHMENT.—The Assistant Secretary of the Office 

of Electricity Delivery and Energy Reliability shall establish, 

within 90 days of enactment of this Part, a Smart Grid Task 

Force composed of designated employees from the various divisions of that office who have responsibilities related to the 

transition to smart-grid technologies and practices. The Assistant Secretary or his designee shall be identified as the Director 

of the Smart Grid Task Force. The Chairman of the Federal 

Energy Regulatory Commission and the Director of the National 

Institute of Standards and Technology shall each designate 

at least one employee to participate on the Smart Grid Task 

Force. Other members may come from other agencies at the 

invitation of the Assistant Secretary or the nomination of the 

head of such other agency. The Smart Grid Task Force shall, 

without disrupting the work of the Divisions or Offices from 

which its members are drawn, provide an identifiable Federal 

entity to embody the Federal role in the national transition 

toward development and use of smart grid technologies. 

(2) MISSION.—The mission of the Smart Grid Task Force 

shall be to insure awareness, coordination and integration of 

the diverse activities of the Office and elsewhere in the Federal 

Government related to smart-grid technologies and practices, 

including but not limited to: smart grid research and development; development of widely accepted smart-grid standards 

and protocols; the relationship of smart-grid technologies and 

practices to electric utility regulation; the relationship of smartgrid technologies and practices to infrastructure development, 

system reliability and security; and the relationship of smartgrid technologies and practices to other facets of electricity 

supply, demand, transmission, distribution, and policy. The 

Smart Grid Task Force shall collaborate with the Smart Grid 

Advisory Committee and other Federal agencies and offices. 
H. R. 6—295 

The Smart Grid Task Force shall meet at the call of its Director 

as necessary to accomplish its mission. 

(c) AUTHORIZATION.—There are authorized to be appropriated 

for the purposes of this section such sums as are necessary to 

the Secretary to support the operations of the Smart Grid Advisory 

Committee and Smart Grid Task Force for each of fiscal years 

2008 through 2020. 

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 timeof-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; 
H. R. 6—296 

(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 INVEST- MENTS.—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. 

SEC. 1305. SMART GRID INTEROPERABILITY FRAMEWORK. 

(a) INTEROPERABILITY FRAMEWORK.—The Director of the 

National Institute of Standards and Technology shall have primary 

responsibility to coordinate the development of a framework that 

includes protocols and model standards for information management to achieve interoperability of smart grid devices and systems. 

Such protocols and standards shall further align policy, business, 

and technology approaches in a manner that would enable all 

electric resources, including demand-side resources, to contribute 

to an efficient, reliable electricity network. In developing such protocols and standards— 

(1) the Director shall seek input and cooperation from 

the Commission, OEDER and its Smart Grid Task Force, the 

Smart Grid Advisory Committee, other relevant Federal and 

State agencies; and 
H. R. 6—297 

(2) the Director shall also solicit input and cooperation 

from private entities interested in such protocols and standards, 

including but not limited to the Gridwise Architecture Council, 

the International Electrical and Electronics Engineers, the 

National Electric Reliability Organization recognized by the 

Federal Energy Regulatory Commission, and National Electrical Manufacturer’s Association. 

(b) SCOPE OF FRAMEWORK.—The framework developed under 

subsection (a) shall be flexible, uniform and technology neutral, 

including but not limited to technologies for managing smart grid 

information, and designed— 

(1) to accommodate traditional, centralized generation and 

transmission resources and consumer distributed resources, 

including distributed generation, renewable generation, energy 

storage, energy efficiency, and demand response and enabling 

devices and systems; 

(2) to be flexible to incorporate— 

(A) regional and organizational differences; and 

(B) technological innovations; 

(3) to consider the use of voluntary uniform standards 

for certain classes of mass-produced electric appliances and 

equipment for homes and businesses that enable customers, 

at their election and consistent with applicable State and Federal laws, and are manufactured with the ability to respond 

to electric grid emergencies and demand response signals by 

curtailing all, or a portion of, the electrical power consumed 

by the appliances or equipment in response to an emergency 

or demand response signal, including through— 

(A) load reduction to reduce total electrical demand; 

(B) adjustment of load to provide grid ancillary services; and 

(C) in the event of a reliability crisis that threatens 

an outage, short-term load shedding to help preserve the 

stability of the grid; and 

(4) such voluntary standards should incorporate appropriate manufacturer lead time. 

(c) TIMING OF FRAMEWORK DEVELOPMENT.—The Institute shall 

begin work pursuant to this section within 60 days of enactment. 

The Institute shall provide and publish an initial report on progress 

toward recommended or consensus standards and protocols within 

1 year after enactment, further reports at such times as developments warrant in the judgment of the Institute, and a final report 

when the Institute determines that the work is completed or that 

a Federal role is no longer necessary. 

(d) STANDARDS FOR INTEROPERABILITY IN FEDERAL JURISDICTION.—At any time after the Institute’s work has led to sufficient 

consensus in the Commission’s judgment, the Commission shall 

institute a rulemaking proceeding to adopt such standards and 

protocols as may be necessary to insure smart-grid functionality 

and interoperability in interstate transmission of electric power, 

and regional and wholesale electricity markets. 

(e) AUTHORIZATION.—There are authorized to be appropriated 

for the purposes of this section $5,000,000 to the Institute to support 

the activities required by this subsection for each of fiscal years 

2008 through 2012. 
H. R. 6—298 

SEC. 1306. FEDERAL MATCHING FUND FOR SMART GRID INVESTMENT 

COSTS. 

(a) MATCHING FUND.—The Secretary shall establish a Smart 

Grid Investment Matching Grant Program to provide reimbursement of one-fifth (20 percent) of qualifying Smart Grid investments. 

(b) QUALIFYING INVESTMENTS.—Qualifying Smart Grid investments may include any of the following made on or after the 

date of enactment of this Act: 

(1) In the case of appliances covered for purposes of establishing energy conservation standards under part B of title 

III of the Energy Policy and Conservation Act of 1975 (42 

U.S.C. 6291 et seq.), the documented expenditures incurred 

by a manufacturer of such appliances associated with purchasing or designing, creating the ability to manufacture, and 

manufacturing and installing for one calendar year, internal 

devices that allow the appliance to engage in Smart Grid functions. 

(2) In the case of specialized electricity-using equipment, 

including motors and drivers, installed in industrial or commercial applications, the documented expenditures incurred by its 

owner or its manufacturer of installing devices or modifying 

that equipment to engage in Smart Grid functions. 

(3) In the case of transmission and distribution equipment 

fitted with monitoring and communications devices to enable 

smart grid functions, the documented expenditures incurred 

by the electric utility to purchase and install such monitoring 

and communications devices. 

(4) In the case of metering devices, sensors, control devices, 

and other devices integrated with and attached to an electric 

utility system or retail distributor or marketer of electricity 

that are capable of engaging in Smart Grid functions, the 

documented expenditures incurred by the electric utility, distributor, or marketer and its customers to purchase and install 

such devices. 

(5) In the case of software that enables devices or computers 

to engage in Smart Grid functions, the documented purchase 

costs of the software. 

(6) In the case of entities that operate or coordinate operations of regional electric grids, the documented expenditures 

for purchasing and installing such equipment that allows Smart 

Grid functions to operate and be combined or coordinated 

among multiple electric utilities and between that region and 

other regions. 

(7) In the case of persons or entities other than electric 

utilities owning and operating a distributed electricity generator, the documented expenditures of enabling that generator 

to be monitored, controlled, or otherwise integrated into grid 

operations and electricity flows on the grid utilizing Smart 

Grid functions. 

(8) In the case of electric or hybrid-electric vehicles, the 

documented expenses for devices that allow the vehicle to 

engage in Smart Grid functions (but not the costs of electricity 

storage for the vehicle). 

(9) The documented expenditures related to purchasing 

and implementing Smart Grid functions in such other cases 

as the Secretary shall identify. In making such grants, the 

Secretary shall seek to reward innovation and early adaptation, 
H. R. 6—299 

even if success is not complete, rather than deployment of 

proven and commercially viable technologies. 

(c) INVESTMENTS NOT INCLUDED.—Qualifying Smart Grid 

investments do not include any of the following: 

(1) Investments or expenditures for Smart Grid technologies, devices, or equipment that are eligible for specific 

tax credits or deductions under the Internal Revenue Code, 

as amended. 

(2) Expenditures for electricity generation, transmission, 

or distribution infrastructure or equipment not directly related 

to enabling Smart Grid functions. 

(3) After the final date for State consideration of the Smart 

Grid Information Standard under section 1307 (paragraph (17) 

of section 111(d) of the Public Utility Regulatory Policies Act 

of 1978), an investment that is not in compliance with such 

standard. 

(4) After the development and publication by the Institute 

of protocols and model standards for interoperability of smart 

grid devices and technologies, an investment that fails to incorporate any of such protocols or model standards. 

(5) Expenditures for physical interconnection of generators 

or other devices to the grid except those that are directly 

related to enabling Smart Grid functions. 

(6) Expenditures for ongoing salaries, benefits, or personnel 

costs not incurred in the initial installation, training, or start 

up of smart grid functions. 

(7) Expenditures for travel, lodging, meals or other personal 

costs. 

(8) Ongoing or routine operation, billing, customer relations, security, and maintenance expenditures. 

(9) Such other expenditures that the Secretary determines 

not to be Qualifying Smart Grid Investments by reason of 

the lack of the ability to perform Smart Grid functions or 

lack of direct relationship to Smart Grid functions. 

(d) SMART GRID FUNCTIONS.—The term ‘‘smart grid functions’’ 

means any of the following: 

(1) The ability to develop, store, send and receive digital 

information concerning electricity use, costs, prices, time of 

use, nature of use, storage, or other information relevant to 

device, grid, or utility operations, to or from or by means 

of the electric utility system, through one or a combination 

of devices and technologies. 

(2) The ability to develop, store, send and receive digital 

information concerning electricity use, costs, prices, time of 

use, nature of use, storage, or other information relevant to 

device, grid, or utility operations to or from a computer or 

other control device. 

(3) The ability to measure or monitor electricity use as 

a function of time of day, power quality characteristics such 

as voltage level, current, cycles per second, or source or type 

of generation and to store, synthesize or report that information 

by digital means. 

(4) The ability to sense and localize disruptions or changes 

in power flows on the grid and communicate such information 

instantaneously and automatically for purposes of enabling 

automatic protective responses to sustain reliability and security of grid operations. 
H. R. 6—300 

(5) The ability to detect, prevent, communicate with regard 

to, respond to, or recover from system security threats, 

including cyber-security threats and terrorism, using digital 

information, media, and devices. 

(6) The ability of any appliance or machine to respond 

to such signals, measurements, or communications automatically or in a manner programmed by its owner or operator 

without independent human intervention. 

(7) The ability to use digital information to operate 

functionalities on the electric utility grid that were previously 

electro-mechanical or manual. 

(8) The ability to use digital controls to manage and modify 

electricity demand, enable congestion management, assist in 

voltage control, provide operating reserves, and provide frequency regulation. 

(9) Such other functions as the Secretary may identify 

as being necessary or useful to the operation of a Smart Grid. 

(e) The Secretary shall— 

(1) establish and publish in the Federal Register, within 

1 year after the enactment of this Act procedures by which 

applicants who have made qualifying Smart Grid investments 

can seek and obtain reimbursement of one-fifth of their documented expenditures; 

(2) establish procedures to ensure that there is no duplication or multiple reimbursement for the same investment or 

costs, that the reimbursement goes to the party making the 

actual expenditures for Qualifying Smart Grid Investments, 

and that the grants made have significant effect in encouraging 

and facilitating the development of a smart grid; 

(3) maintain public records of reimbursements made, recipients, and qualifying Smart Grid investments which have 

received reimbursements; 

(4) establish procedures to provide, in cases deemed by 

the Secretary to be warranted, advance payment of moneys 

up to the full amount of the projected eventual reimbursement, 

to creditworthy applicants whose ability to make Qualifying 

Smart Grid Investments may be hindered by lack of initial 

capital, in lieu of any later reimbursement for which that 

applicant qualifies, and subject to full return of the advance 

payment in the event that the Qualifying Smart Grid investment is not made; and 

(5) have and exercise the discretion to deny grants for 

investments that do not qualify in the reasonable judgment 

of the Secretary. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary such sums as are necessary 

for the administration of this section and the grants to be made 

pursuant to this section for fiscal years 2008 through 2012. 

SEC. 1307. STATE CONSIDERATION OF SMART GRID. 

(a) Section 111(d) of the Public Utility Regulatory Policies Act 

of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end 

the following: 

‘‘(16) CONSIDERATION OF SMART GRID INVESTMENTS.— 

‘‘(A) IN GENERAL.—Each State shall consider requiring 

that, prior to undertaking investments in nonadvanced grid 

technologies, an electric utility of the State demonstrate 
H. R. 6—301 

to the State that the electric utility considered an investment in a qualified smart grid system based on appropriate 

factors, including— 

‘‘(i) total costs; 

‘‘(ii) cost-effectiveness; 

‘‘(iii) improved reliability; 

‘‘(iv) security; 

‘‘(v) system performance; and 

‘‘(vi) societal benefit. 

‘‘(B) RATE RECOVERY.—Each State shall consider 

authorizing each electric utility of the State to recover 

from ratepayers any capital, operating expenditure, or 

other costs of the electric utility relating to the deployment 

of a qualified smart grid system, including a reasonable 

rate of return on the capital expenditures of the electric 

utility for the deployment of the qualified smart grid 

system. 

‘‘(C) OBSOLETE EQUIPMENT.—Each State shall consider 

authorizing any electric utility or other party of the State 

to deploy a qualified smart grid system to recover in a 

timely manner the remaining book-value costs of any equipment rendered obsolete by the deployment of the qualified 

smart grid system, based on the remaining depreciable 

life of the obsolete equipment. 

‘‘(17) SMART GRID INFORMATION.— ‘‘(A) STANDARD.—All electricity purchasers shall be provided direct access, in written or electronic machine-readable form as appropriate, to information from their electricity provider as provided in subparagraph (B). 

‘‘(B) INFORMATION.—Information provided under this 

section, to the extent practicable, shall include: 

‘‘(i) PRICES.—Purchasers and other interested persons shall be provided with information on— 

‘‘(I) time-based electricity prices in the wholesale electricity market; and 

‘‘(II) time-based electricity retail prices or rates 

that are available to the purchasers. 

‘‘(ii) USAGE.—Purchasers shall be provided with 

the number of electricity units, expressed in kwh, purchased by them. 

‘‘(iii) INTERVALS AND PROJECTIONS.—Updates of 

information on prices and usage shall be offered on 

not less than a daily basis, shall include hourly price 

and use information, where available, and shall include 

a day-ahead projection of such price information to 

the extent available. 

‘‘(iv) SOURCES.—Purchasers and other interested 

persons shall be provided annually with written 

information on the sources of the power provided by 

the utility, to the extent it can be determined, by 

type of generation, including greenhouse gas emissions 

associated with each type of generation, for intervals 

during which such information is available on a costeffective basis. 

‘‘(C) ACCESS.—Purchasers shall be able to access their 

own information at any time through the Internet and 

on other means of communication elected by that utility 
H. R. 6—302 

for Smart Grid applications. Other interested persons shall 

be able to access information not specific to any purchaser 

through the Internet. Information specific to any purchaser 

shall be provided solely to that purchaser.’’. 

(b) COMPLIANCE.— 

(1) TIME LIMITATIONS.—Section 112(b) of the Public Utility 

Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended 

by adding the following at the end thereof: 

‘‘(6)(A) Not later than 1 year after the enactment of this 

paragraph, each State regulatory authority (with respect to 

each electric utility for which it has ratemaking authority) 

and each nonregulated utility shall commence the consideration 

referred to in section 111, or set a hearing date for consideration, with respect to the standards established by paragraphs 

(17) through (18) of section 111(d). 

‘‘(B) Not later than 2 years after the date of the enactment 

of this paragraph, each State regulatory authority (with respect 

to each electric utility for which it has ratemaking authority), 

and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 

111 with respect to each standard established by paragraphs 

(17) through (18) of section 111(d).’’. 

(2) FAILURE TO COMPLY.—Section 112(c) of the Public 

Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is 

amended by adding the following at the end: 

‘‘In the case of the standards established by paragraphs (16) 

through (19) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to 

be a reference to the date of enactment of such paragraphs.’’. 

(3) PRIOR STATE ACTIONS.—Section 112(d) of the Public 

Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) 

is amended by inserting ‘‘and paragraphs (17) through (18)’’ 

before ‘‘of section 111(d)’’. 

SEC. 1308. STUDY OF THE EFFECT OF PRIVATE WIRE LAWS ON THE 

DEVELOPMENT OF COMBINED HEAT AND POWER FACILITIES. 

(a) STUDY.— 

(1) IN GENERAL.—The Secretary, in consultation with the 

States and other appropriate entities, shall conduct a study 

of the laws (including regulations) affecting the siting of privately owned electric distribution wires on and across public 

rights-of-way. 

(2) REQUIREMENTS.—The study under paragraph (1) shall 

include— 

(A) an evaluation of— 

(i) the purposes of the laws; and 

(ii) the effect the laws have on the development 

of combined heat and power facilities; 

(B) a determination of whether a change in the laws 

would have any operating, reliability, cost, or other impacts 

on electric utilities and the customers of the electric utilities; and 

(C) an assessment of— 

(i) whether privately owned electric distribution 

wires would result in duplicative facilities; and 
H. R. 6—303 

(ii) whether duplicative facilities are necessary or 

desirable. 

(b) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Secretary shall submit to Congress a report that 

describes the results of the study conducted under subsection (a). 

SEC. 1309. DOE STUDY OF SECURITY ATTRIBUTES OF SMART GRID 

SYSTEMS. 

(a) DOE STUDY.—The Secretary shall, within 18 months after 

the date of enactment of this Act, submit a report to Congress 

that provides a quantitative assessment and determination of the 

existing and potential impacts of the deployment of Smart Grid 

systems on improving the security of the Nation’s electricity infrastructure and operating capability. The report shall include but 

not be limited to specific recommendations on each of the following: 

(1) How smart grid systems can help in making the Nation’s 

electricity system less vulnerable to disruptions due to intentional acts against the system. 

(2) How smart grid systems can help in restoring the 

integrity of the Nation’s electricity system subsequent to disruptions. 

(3) How smart grid systems can facilitate nationwide, interoperable emergency communications and control of the Nation’s 

electricity system during times of localized, regional, or nationwide emergency. 

(4) What risks must be taken into account that smart 

grid systems may, if not carefully created and managed, create 

vulnerability to security threats of any sort, and how such 

risks may be mitigated. 

(b) CONSULTATION.—The Secretary shall consult with other Federal agencies in the development of the report under this section, 

including but not limited to the Secretary of Homeland Security, 

the Federal Energy Regulatory Commission, and the Electric Reliability Organization certified by the Commission under section 

215(c) of the Federal Power Act (16 U.S.C. 824o) as added by 

section 1211 of the Energy Policy Act of 2005 (Public Law 109– 

58; 119 Stat. 941). 

TITLE XIV—POOL AND SPA SAFETY 

SEC. 1401. SHORT TITLE. 

This title may be cited as the ‘‘Virginia Graeme Baker Pool 

and Spa Safety Act’’. 

SEC. 1402. FINDINGS. 

Congress finds the following: 

(1) Of injury-related deaths, drowning is the second leading 

cause of death in children aged 1 to 14 in the United States. 

(2) In 2004, 761 children aged 14 and under died as a 

result of unintentional drowning. 

(3) Adult supervision at all aquatic venues is a critical 

safety factor in preventing children from drowning. 

(4) Research studies show that the installation and proper 

use of barriers or fencing, as well as additional layers of protection, could substantially reduce the number of childhood residential swimming pool drownings and near drownings.