258 
(D) An electrical or gas corporation that uti-
lizes an advanced metering infrastructure that al-
lows a customer to access the customer’s electrical 
and gas consumption data shall ensure that the cus-
tomer has an option to access that data without 
being required to agree to the sharing of his or her 
personally identifiable information, including elec-
trical or gas consumption data, with a third party. 
(3) If an electrical corporation or gas corpora-
tion contracts with a third party for a service that 
allows a customer to monitor his or her electricity or 
gas usage, and that third party uses the data for a 
secondary commercial purpose, the contract between 
the electrical corporation or gas corporation and the 
third party shall provide that the third party promi-
nently discloses that secondary commercial purpose 
to the customer. 
(4) An electrical corporation or gas corporation 
shall use reasonable security procedures and prac-
tices to protect a customer’s unencrypted electrical 
or gas consumption data from unauthorized access, 
destruction, use, modification, or disclosure. 
(5)(A) Nothing in this section shall preclude an 
electrical corporation or gas corporation from using 
customer aggregate electrical or gas consumption
259 
data for analysis, reporting, or program manage-
ment if all information has been removed regarding 
the individual identity of a customer. 
(B) Nothing in this section shall preclude an 
electrical corporation or gas corporation from dis-
closing a customer’s electrical or gas consumption 
data to a third party for system, grid, or operational 
needs, or the implementation of demand response, 
energy management, or energy efficiency programs, 
provided that, for contracts entered into after Janu-
ary 1, 2016, the utility has required by contract that 
the third party implement and maintain reasonable 
security procedures and practices appropriate to the 
nature of the information, to protect the personal in-
formation from unauthorized access, destruction, 
use, modification, or disclosure, and prohibits the 
use of the data for a secondary commercial purpose 
not related to the primary purpose of the contract 
without the customer’s consent. 
(C) Nothing in this section shall preclude an 
electrical corporation or gas corporation from dis-
closing electrical or gas consumption data as re-
quired or permitted under State or Federal law or 
by an order of a State public utility commission.
260 
(6) If a customer chooses to disclose his or her 
electrical or gas consumption data to a third party 
that is unaffiliated with, and has no other business 
relationship with, the electrical or gas corporation, 
the electrical or gas corporation shall not be respon-
sible for the security of that data, or its use or mis-
use. 
(b) LOCAL PUBLICLY OWNED ELECTRIC UTILI-
TIES.— 
(1) For purposes of this section, ‘‘electrical con-
sumption data’’ means data about a customer’s elec-
trical usage that is made available as part of an ad-
vanced metering infrastructure, and includes the 
name, account number, or residence of the customer. 
(2)(A) A local publicly owned electric utility 
shall not share, disclose, or otherwise make acces-
sible to any third party a customer’s electrical con-
sumption data, except as provided in subsection (b) 
(5) or upon the consent of the customer. 
(B) A local publicly owned electric utility shall 
not sell a customer’s electrical consumption data or 
any other personally identifiable information for any 
purpose. 
(C) The local publicly owned electric utility or 
its contractors shall not provide an incentive or dis-
261 
count to the customer for accessing the customer’s 
electrical consumption data without the prior con-
sent of the customer. 
(D) A local publicly owned electric utility that 
utilizes an advanced metering infrastructure that al-
lows a customer to access the customer’s electrical 
consumption data shall ensure that the customer has 
an option to access that data without being required 
to agree to the sharing of his or her personally iden-
tifiable information, including electrical consumption 
data, with a third party. 
(3) If a local publicly owned electric utility con-
tracts with a third party for a service that allows a 
customer to monitor his or her electricity usage, and 
that third party uses the data for a secondary com-
mercial purpose, the contract between the local pub-
licly owned electric utility and the third party shall 
provide that the third party prominently discloses 
that secondary commercial purpose to the customer. 
(4) A local publicly owned electric utility shall 
use reasonable security procedures and practices to 
protect a customer’s unencrypted electrical consump-
tion data from unauthorized access, destruction, use, 
modification, or disclosure, and prohibits the use of 
the data for a secondary commercial purpose not re-
263 
(6) If a customer chooses to disclose his or her 
electrical consumption data to a third party that is 
unaffiliated with, and has no other business relation-
ship with, the local publicly owned electric utility, 
the utility shall not be responsible for the security of 
that data, or its use or misuse. 
SEC. 5011. YOUTH ENERGY ENTERPRISE COMPETITION. 
The Secretaries of Energy and Commerce shall joint-
ly establish an energy enterprise competition to encourage 
youth to propose solutions to the energy challenges of the 
United States and to promote youth interest in careers 
in science, technology, engineering, and math, especially 
as those fields relate to energy. 
SEC. 5012. MODERNIZATION OF TERMS RELATING TO MI-
NORITIES. 
(a) OFFICE OF MINORITY ECONOMIC IMPACT.—Sec-
tion 211(f)(1) of the Department of Energy Organization 
Act (42 U.S.C. 7141(f)(1)) is amended by striking ‘‘a 
Negro, Puerto Rican, American Indian, Eskimo, Oriental, 
or Aleut or is a Spanish speaking individual of Spanish 
descent’’ and inserting ‘‘Asian American, African Amer-
ican, Hispanic, Puerto Rican, Native American, or an 
Alaska Native’’. 
(b) MINORITY BUSINESS ENTERPRISES.—Section 
106(f)(2) of the Local Public Works Capital Development
264 
and Investment Act of 1976 (42 U.S.C. 6705(f)(2)) is 
amended by striking ‘‘Negroes, Spanish-speaking, Ori-
entals, Indians, Eskimos, and Aleuts’’ and inserting 
‘‘Asian American, African American, Hispanic, Native 
American, or Alaska Natives’’. 
SEC. 5013. VOLUNTARY VEGETATION MANAGEMENT OUT-
SIDE RIGHTS-OF-WAY. 
(a) AUTHORIZATION.—The Secretary of the Interior 
or the Secretary of Agriculture may authorize an owner 
or operator of an electric transmission or distribution fa-
cility to manage vegetation selectively within 150 feet of 
the exterior boundary of the right-of-way near structures 
for selective thinning and fuel reduction. 
(b) STATUS OF REMOVED VEGETATION.—Any vege-
tation removed pursuant to this section shall be the prop-
erty of the United States and not available for sale by 
the owner or operator. 
(c) LIMITATION ON LIABILITY.—An owner or oper-
ator of an electric transmission or distribution facility 
shall not be held liable for wildlife damage, loss, or injury, 
including the cost of fire suppression, resulting from ac-
tivities carried out pursuant to subsection (a) except in 
the case of harm resulting from the owner or operator’s 
gross negligence or criminal misconduct.
265 
SEC. 5014. REPEAL OF RULE FOR NEW RESIDENTIAL WOOD 
HEATERS. 
The final rule entitled ‘‘Standards of Performance for 
New Residential Wood Heaters, New Residential Hydronic 
Heaters and Forced-Air Furnaces’’ published at 80 Fed. 
Reg. 13672 (March 16, 2015) shall have no force or effect 
and shall be treated as if such rule had never been issued. 
TITLE VI—PROMOTING RENEW-
ABLE ENERGY WITH SHARED 
SOLAR 
SEC. 6001. SHORT TITLE. 
This title may be cited as the ‘‘Promoting Renewable 
Energy with Shared Solar Act of 2015’’. 
SEC. 6002. PROVISION OF INTERCONNECTION SERVICE AND 
NET 
BILLING 
SERVICE 
FOR 
COMMUNITY 
SOLAR FACILITIES. 
(a) IN GENERAL.—Section 111(d) of the Public Util-
ity Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 
is amended by adding at the end the following: 
‘‘(20) COMMUNITY SOLAR FACILITIES.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) COMMUNITY SOLAR FACILITY.— 
The term ‘community solar facility’ means 
a solar photovoltaic system that—
266 
‘‘(I) allocates electricity to mul-
tiple individual electric consumers of 
an electric utility; 
‘‘(II) has a nameplate rating of 2 
megawatts or less; and 
‘‘(III) is— 
‘‘(aa) owned by the electric 
utility, jointly owned, or third- 
party-owned; 
‘‘(bb) connected to a local 
distribution facility of the electric 
utility; and 
‘‘(cc) located on or off the 
property of a consumer of the 
electricity. 
‘‘(ii) INTERCONNECTION
SERVICE.— 
The term ‘interconnection service’ means a 
service provided by an electric utility to an 
electric consumer, in accordance with the 
standards described in paragraph (15), 
through which a community solar facility is 
connected to an applicable local distribu-
tion facility. 
‘‘(iii) NET
BILLING
SERVICE.—The 
term ‘net billing service’ means a service
267 
provided by an electric utility to an electric 
consumer through which electric energy 
generated for that electric consumer from 
a community solar facility may be used to 
offset electric energy provided by the elec-
tric utility to the electric consumer during 
the applicable billing period. 
‘‘(B) REQUIREMENT.—On receipt of a re-
quest of an electric consumer served by the 
electric utility, each electric utility shall make 
available to the electric consumer interconnec-
tion service and net billing service for a commu-
nity solar facility.’’. 
(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 at the end 
the following: 
‘‘(7)(A) Not later than 1 year after the date of 
enactment of this paragraph, each State regulatory 
authority (with respect to each electric utility for 
which the State has ratemaking authority) and each 
nonregulated utility shall commence consideration 
under section 111, or set a hearing date for consid-
268 
eration, with respect to the standard established by 
paragraph (20) of section 111(d). 
‘‘(B) Not later than 2 years after the date of 
enactment of this paragraph, each State regulatory 
authority (with respect to each electric utility for 
which the State has ratemaking authority), and each 
nonregulated electric utility shall complete the con-
sideration and make the determination under section 
111 with respect to the standard established by 
paragraph (20) of section 111(d).’’. 
(2) FAILURE TO COMPLY.— 
(A) IN GENERAL.—Section 112(c) of the 
Public Utility Regulatory Policies Act of 1978 
(16 U.S.C. 2622(c)) is amended— 
(i) by striking ‘‘such paragraph (14)’’ 
and all that follows through ‘‘paragraphs 
(16)’’ and inserting ‘‘such paragraph (14). 
In the case of the standard established by 
paragraph (15) of section 111(d), the ref-
erence contained in this subsection to the 
date of enactment of this Act shall be 
deemed to be a reference to the date of en-
actment of that paragraph (15). In the 
case of the standards established by para-
graphs (16)’’; and
269 
(ii) by adding at the end the fol-
lowing: ‘‘In the case of the standard estab-
lished by paragraph (20) 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 that paragraph (20).’’. 
(B) TECHNICAL CORRECTION.— 
(i) IN GENERAL.—Section 1254(b) of 
the Energy Policy Act of 2005 (Public 
Law 109–58; 119 Stat. 971) is amended 
by striking paragraph (2). 
(ii) TREATMENT.—The amendment 
made by paragraph (2) of section 1254(b) 
of the Energy Policy Act of 2005 (Public 
Law 109–58; 119 Stat. 971) (as in effect 
on the day before the date of enactment of 
this Act) is void, and section 112(d) of the 
Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2622(d)) shall be in ef-
fect as if those amendments had not been 
enacted. 
(3) PRIOR STATE ACTIONS.— 
(A) IN
GENERAL.—Section 112 of the 
Public Utility Regulatory Policies Act of 1978
270 
(16 U.S.C. 2622) is amended by adding at the 
end the following: 
‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 
(c) shall not apply to the standard established by para-
graph (20) of section 111(d) in the case of any electric 
utility in a State if, before the date of enactment of this 
subsection— 
‘‘(1) the State has implemented for the electric 
utility the standard (or a comparable standard); 
‘‘(2) the State regulatory authority for the 
State or the relevant nonregulated electric utility has 
conducted a proceeding to consider implementation 
of the standard (or a comparable standard) for the 
electric utility; or 
‘‘(3) the State legislature has voted on the im-
plementation of the standard (or a comparable 
standard) for the electric utility.’’. 
(B) CROSS-REFERENCE.—Section 124 of 
the Public Utility Regulatory Policy Act of 
1978 (16 U.S.C. 2634) is amended by adding 
at the end the following: ‘‘In the case of the 
standard established by paragraph (20) of sec-
tion 111(d), the reference contained in this sub-
section to the date of enactment of this Act
271 
shall be deemed to be a reference to the date 
of enactment of that paragraph (20).’’. 
TITLE VII—MARINE 
HYDROKINETIC 
SEC. 7001. DEFINITION OF MARINE AND HYDROKINETIC RE-
NEWABLE ENERGY. 
Section 632 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17211) is amended in the matter 
preceding paragraph (1) by striking ‘‘electrical’’. 
SEC. 7002. MARINE AND HYDROKINETIC RENEWABLE EN-
ERGY RESEARCH AND DEVELOPMENT. 
Section 633 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17212) is amended to read as 
follows: 
‘‘SEC. 633. MARINE AND HYDROKINETIC RENEWABLE EN-
ERGY RESEARCH AND DEVELOPMENT. 
‘‘The Secretary, in consultation with the Secretary of 
the Interior, the Secretary of Commerce, and the Federal 
Energy Regulatory Commission, shall carry out a program 
of research, development, demonstration, and commercial 
application to accelerate the introduction of marine and 
hydrokinetic renewable energy production into the United 
States energy supply, giving priority to fostering acceler-
ated research, development, and commercialization of 
technology, including—
272 
‘‘(1) to assist technology development to im-
prove the components, processes, and systems used 
for power generation from marine and hydrokinetic 
renewable energy resources; 
‘‘(2) to establish critical testing infrastructure 
necessary— 
‘‘(A) to cost effectively and efficiently test 
and 
prove 
the 
efficacy 
of 
marine 
and 
hydrokinetic renewable energy devices; and 
‘‘(B) to accelerate the technological readi-
ness and commercialization of those devices; 
‘‘(3) to support efforts to increase the efficiency 
of energy conversion, lower the cost, increase the 
use, improve the reliability, and demonstrate the ap-
plicability of marine and hydrokinetic renewable en-
ergy technologies by participating in demonstration 
projects; 
‘‘(4) to investigate variability issues and the ef-
ficient and reliable integration of marine and 
hydrokinetic renewable energy with the utility grid; 
‘‘(5) to identify and study critical short- and 
long-term needs to create a sustainable marine and 
hydrokinetic renewable energy supply chain based in 
the United States;
273 
‘‘(6) to increase the reliability and survivability 
of marine and hydrokinetic renewable energy tech-
nologies; 
‘‘(7) to verify the performance, reliability, main-
tainability, and cost of new marine and hydrokinetic 
renewable energy device designs and system compo-
nents in an operating environment; 
‘‘(8) to coordinate and avoid duplication of ac-
tivities across programs of the Department and 
other applicable Federal agencies, including National 
Laboratories, and to coordinate public-private col-
laboration in all programs under this section; 
‘‘(9) to identify opportunities for joint research 
and development programs and development of 
economies of scale between— 
‘‘(A) marine and hydrokinetic renewable 
energy technologies; and 
‘‘(B) other renewable energy and fossil en-
ergy programs, offshore oil and gas production 
activities, and activities of the Department of 
Defense; and 
‘‘(10) to support in-water technology develop-
ment with international partners using existing co-
operative procedures (including memoranda of un-
derstanding)—
274 
‘‘(A) to allow cooperative funding and 
other support of value to be exchanged and le-
veraged; and 
‘‘(B) to encourage international research 
centers and international companies to partici-
pate in the development of water technology in 
the United States and to encourage United 
States research centers and United States com-
panies to participate in water technology 
projects abroad.’’. 
SEC. 7003. NATIONAL MARINE RENEWABLE ENERGY RE-
SEARCH, DEVELOPMENT, AND DEMONSTRA-
TION CENTERS. 
Section 634(b) of the Energy Independence and Se-
curity Act of 2007 (42 U.S.C. 17213(b)) is amended to 
read as follows: 
‘‘(b) PURPOSES.—A Center (in coordination with the 
Department and National Laboratories) shall— 
‘‘(1) advance research, development, demonstra-
tion, and commercial application of marine and 
hydrokinetic renewable energy technologies; 
‘‘(2) support in-water testing and demonstra-
tion of marine and hydrokinetic renewable energy 
technologies, including facilities capable of testing—
275 
‘‘(A) marine and hydrokinetic renewable 
energy systems of various technology readiness 
levels and scales; 
‘‘(B) a variety of technologies in multiple 
test berths at a single location; and 
‘‘(C) arrays of technology devices; and 
‘‘(3) serve as information clearinghouses for the 
marine and hydrokinetic renewable energy industry 
by collecting and disseminating information on best 
practices in all areas relating to developing and 
managing marine and hydrokinetic renewable energy 
resources and energy systems.’’. 
SEC. 7004. AUTHORIZATION OF APPROPRIATIONS. 
Section 636 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17215) is amended by striking 
‘‘2008 through 2012’’ and inserting ‘‘2016 through 
2019’’. 
Passed the House of Representatives December 3, 
2015. 
Attest: 
Clerk.
114TH CONGRESS 
1ST SESSION 
H. R. 8 
AN ACT 
To modernize energy infrastructure, build a 21st 
century energy and manufacturing workforce, 
bolster America’s energy security and diplomacy, 
and promote energy efficiency and government 
accountability, and for other purposes.