Amendments to Title XIII of the Energy Independence and Security Act of 2007.

Sec. 405. Amendments to Title XIII of the Energy Independence and Security Act of 2007. Title XIII of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381 and following) is amended as follows:(1) By amending subparagraph (A) of 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.”.(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.”.123 STAT. 144(3) By inserting after section 1304(b)(3)(D) the following new subparagraphs:“(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.”.(4) By amending paragraph (2) of section 1304(c) to read as follows:“(2) to carry out subsection (b), such sums as may be necessary.”.(5) By amending subsection (a) of section 1306 by striking “reimbursement of one-fifth (20 percent)” and inserting “grants of up to one-half (50 percent)”.(6) By striking the last sentence of subsection (b)(9) of section 1306.(7) By striking “are eligible for” in subsection (c)(1) of section 1306 and inserting “utilize”.(8) By amending subsection (e) of section 1306 to read as follows:“(e) Procedures and Rules.—(1) The Secretary shall, within 60 days after the enactment of the American Recovery and Reinvestment Act of 2009, by means of a notice of intent and subsequent solicitation of grant proposals—“(A) establish procedures by which applicants can obtain grants of not more than one-half of their documented costs;“(B) 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) establish procedures to ensure that there is no duplication or multiple payment for the same investment or costs, that the grant goes to the party making the actual expenditures for the qualifying Smart Grid investments, and that the grants made have a significant effect in encouraging and facilitating the development of a smart grid;“(D) establish procedures to ensure there will be public records of grants made, recipients, and qualifying Smart Grid investments which have received grants; and“(E) establish procedures to provide advance payment of moneys up to the full amount of the grant award.“(2) The Secretary shall have discretion and exercise reasonable judgment to deny grants for investments that do not qualify.”.123 STAT. 145