II 

114TH CONGRESS 

1ST SESSION S. 1434 

To amend the Public Utility Regulatory Policies Act of 1978 to establish 

an energy storage portfolio standard, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2015 

Mr. HEINRICH introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To amend the Public Utility Regulatory Policies Act of 1978 

to establish an energy storage portfolio standard, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy Storage Pro5 motion and Deployment Act of 2015’’. 

6 SEC. 2. ENERGY STORAGE PORTFOLIO STANDARD. 

7 (a) IN GENERAL.—Title VI of the Public Utility Reg8 ulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) is 

9 amended by adding at the end the following: 

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1 ‘‘SEC. 610. ENERGY STORAGE PORTFOLIO STANDARD. 

2 ‘‘(a) DEFINITIONS.—In this section: 

3 ‘‘(1) ENERGY STORAGE DEVICE.—The term ‘en4 ergy storage device’ includes a device used to store 

5 energy using pumped hydropower, compressed air, 

6 batteries or other electrochemical forms (including 

7 hydrogen for fuel cells), thermal forms (including 

8 hot water and ice), flywheels, capacitors, super9 conducting magnets, and other energy storage de10 vices, to be available for use when the energy is 

11 needed. 

12 ‘‘(2) RETAIL ELECTRIC SUPPLIER.— 

13 ‘‘(A) IN GENERAL.—The term ‘retail elec14 tric supplier’ means a person that— 

15 ‘‘(i) sells electric energy to electric 

16 consumers; and 

17 ‘‘(ii) sold not less than 500,000 mega18 watt hours of electric energy to electric 

19 consumers for purposes other than resale 

20 during the preceding calendar year. 

21 ‘‘(B) INCLUSION.—The term ‘retail electric 

22 supplier’ includes a person that sells electric en23 ergy to electric consumers that, in combination 

24 with the sales of any affiliate organized after 

25 the date of enactment of this section, sells not 

26 less than 500,000 megawatt hours of electric 

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1 energy to consumers for purposes other than re2 sale. 

3 ‘‘(C) EXCLUSIONS.—The term ‘retail elec4 tric supplier’ does not include— 

5 ‘‘(i) the United States, a State, any 

6 political subdivision of a State, or any 

7 agency, authority, or instrumentality of the 

8 United States, a State, an Indian tribe, or 

9 a political subdivision; or 

10 ‘‘(ii) a rural electric cooperative. 

11 ‘‘(D) SALES TO PARENT COMPANIES OR

12 AFFILIATES.—For purposes of this paragraph, 

13 sales by any person to a parent company or to 

14 other affiliates of the person shall not be treat15 ed as sales to electric consumers. 

16 ‘‘(b) REQUIREMENTS.— 

17 ‘‘(1) PRIMARY STANDARDS.—Subject to para18 graph (2) and except as provided in subsection 

19 (e)(2), each retail electric supplier shall achieve com20 pliance with the following energy storage portfolio 

21 standards by the following dates: 

22 ‘‘(A) JANUARY 1, 2021.—Not later than 

23 January 1, 2021, each retail electric supplier 

24 shall have available on the system of the retail 

25 electric supplier energy storage devices with a 

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1 power capacity rating equal to not less than 1 

2 percent of the annual average peak power de3 mand of the system, as— 

4 ‘‘(i) measured over a 1-hour period; 

5 and 

6 ‘‘(ii) averaged over the period of cal7 endar years 2017 through 2019. 

8 ‘‘(B) JANUARY 1, 2025.—Not later than 

9 January 1, 2025, each retail electric supplier 

10 shall have available on the system of the retail 

11 electric supplier energy storage devices with a 

12 power capacity rating equal to not less than 2 

13 percent of the annual average peak power de14 mand of the system, as— 

15 ‘‘(i) measured over a 1-hour period; 

16 and 

17 ‘‘(ii) averaged over the period of cal18 endar years 2021 through 2023. 

19 ‘‘(2) SECONDARY STANDARD.—Of each applica20 ble storage capacity required under paragraph (1), 

21 at least 50 percent shall be sufficient to provide elec22 tricity at the rated capacity for a duration of not 

23 less than 1 hour. 

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1 ‘‘(c) INCLUSIONS.—The following may be used to 

2 comply with the energy storage portfolio standards estab3 lished by subsection (b): 

4 ‘‘(1) Energy storage devices associated with a 

5 retail customer of the retail electric supplier. 

6 ‘‘(2) Energy storage owned or operated by the 

7 retail electric supplier. 

8 ‘‘(3) Energy storage devices that are electrically 

9 connected to the retail electric supplier and available 

10 to provide power, including storage owned by— 

11 ‘‘(A) a third party; 

12 ‘‘(B) a regional transmission entity; or 

13 ‘‘(C) a transmission or generation entity. 

14 ‘‘(d) EXCLUSION.—An energy storage device placed 

15 in operation before January 1, 2009, may not be used to 

16 achieve compliance with the energy storage portfolio 

17 standards established by subsection (b). 

18 ‘‘(e) DEADLINE FOR COMPLIANCE.— 

19 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

20 the chief executive officer of each retail electric sup21 plier shall certify to the Secretary compliance with 

22 the energy storage portfolio standards established by 

23 subsection (b) by the applicable dates specified in 

24 that subsection. 

25 ‘‘(2) WAIVERS.— 

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1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of this section, the Secretary 

3 may provide to a retail electric supplier a waiv4 er of an applicable deadline under subsection 

5 (b) for a period of 1 calendar year, if the Sec6 retary determines that achieving compliance by 

7 the applicable deadline would present undue 

8 hardship to— 

9 ‘‘(i) the retail electric supplier; or 

10 ‘‘(ii) ratepayers of the retail electric 

11 supplier. 

12 ‘‘(B) ADDITIONAL WAIVERS.—The Sec13 retary may provide to a retail electric supplier 

14 such additional 1-year waivers under subpara15 graph (A) as the Secretary determines to be ap16 propriate on making a subsequent determina17 tion under that subparagraph.’’. 

18 (b) TABLE OF CONTENTS AMENDMENT.—The table 

19 of contents of the Public Utility Regulatory Policies Act 

20 of 1978 (16 U.S.C. prec. 2601) is amended by adding at 

21 the end of the items relating to title VI the following: 

‘‘Sec. 609. Rural and remote communities electrification grants. 

‘‘Sec. 610. Energy storage portfolio standard.’’. 

Æ 

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