II 114th CONGRESS 1st Session S. 1434 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. Short title This Act may be cited as the Energy Storage Promotion and Deployment Act of 2015 . 2. Energy storage portfolio standard (a) In general Title VI of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601 et seq. ) is amended by adding at the end the following: 610. Energy storage portfolio standard (a) Definitions In this section: (1) Energy storage device The term energy storage device includes a device used to store energy using pumped hydropower, compressed air, batteries or other electrochemical forms (including hydrogen for fuel cells), thermal forms (including hot water and ice), flywheels, capacitors, superconducting magnets, and other energy storage devices, to be available for use when the energy is needed. (2) Retail electric supplier (A) In general The term retail electric supplier means a person that— (i) sells electric energy to electric consumers; and (ii) sold not less than 500,000 megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year. (B) Inclusion The term retail electric supplier includes a person that sells electric energy to electric consumers that, in combination with the sales of any affiliate organized after the date of enactment of this section, sells not less than 500,000 megawatt hours of electric energy to consumers for purposes other than resale. (C) Exclusions The term retail electric supplier does not include— (i) the United States, a State, any political subdivision of a State, or any agency, authority, or instrumentality of the United States, a State, an Indian tribe, or a political subdivision; or (ii) a rural electric cooperative. (D) Sales to parent companies or affiliates For purposes of this paragraph, sales by any person to a parent company or to other affiliates of the person shall not be treated as sales to electric consumers. (b) Requirements (1) Primary standards Subject to paragraph (2) and except as provided in subsection (e)(2), each retail electric supplier shall achieve compliance with the following energy storage portfolio standards by the following dates: (A) January 1, 2021 Not later than January 1, 2021, each retail electric supplier shall have available on the system of the retail electric supplier energy storage devices with a power capacity rating equal to not less than 1 percent of the annual average peak power demand of the system, as— (i) measured over a 1-hour period; and (ii) averaged over the period of calendar years 2017 through 2019. (B) January 1, 2025 Not later than January 1, 2025, each retail electric supplier shall have available on the system of the retail electric supplier energy storage devices with a power capacity rating equal to not less than 2 percent of the annual average peak power demand of the system, as— (i) measured over a 1-hour period; and (ii) averaged over the period of calendar years 2021 through 2023. (2) Secondary standard Of each applicable storage capacity required under paragraph (1), at least 50 percent shall be sufficient to provide electricity at the rated capacity for a duration of not less than 1 hour. (c) Inclusions The following may be used to comply with the energy storage portfolio standards established by subsection (b): (1) Energy storage devices associated with a retail customer of the retail electric supplier. (2) Energy storage owned or operated by the retail electric supplier. (3) Energy storage devices that are electrically connected to the retail electric supplier and available to provide power, including storage owned by— (A) a third party; (B) a regional transmission entity; or (C) a transmission or generation entity. (d) Exclusion An energy storage device placed in operation before January 1, 2009, may not be used to achieve compliance with the energy storage portfolio standards established by subsection (b). (e) Deadline for compliance (1) In general Subject to paragraph (2), the chief executive officer of each retail electric supplier shall certify to the Secretary compliance with the energy storage portfolio standards established by subsection (b) by the applicable dates specified in that subsection. (2) Waivers (A) In general Notwithstanding any other provision of this section, the Secretary may provide to a retail electric supplier a waiver of an applicable deadline under subsection (b) for a period of 1 calendar year, if the Secretary determines that achieving compliance by the applicable deadline would present undue hardship to— (i) the retail electric supplier; or (ii) ratepayers of the retail electric supplier. (B) Additional waivers The Secretary may provide to a retail electric supplier such additional 1-year waivers under subparagraph (A) as the Secretary determines to be appropriate on making a subsequent determination under that subparagraph. . (b) Table of contents amendment The table of contents of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) is amended by adding at 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. .