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Better Energy Storage Technology Act

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This is House Report 116-472 of the 116th Congress, 2d Session, titled Better Energy Storage Technology Act, from the Committee on Science, Space, and Technology, committed to the Committee of the Whole House on the State of the Union and ordered to be printed August 7, 2020. Ms. Johnson of Texas reports on H.R. 2986, to amend the United States Energy Storage Competitiveness Act of 2007 to establish a research, development, and demonstration program for grid-scale energy storage systems, which the Committee reports favorably with an amendment and recommends that the bill as amended do pass. The report includes a cost estimate of the Congressional Budget Office.

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“Better Energy Storage Technology Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-116hrpt472-crpt-116hrpt472/, SHA-256 5c85f015adc1f4454bbd3688e5667b60dc5ab058442f3d5e54fa07b99a6dc6f2.

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                                                                                116TH CONGRESS                                                                                       REPORT
                                                                                               " HOUSE OF REPRESENTATIVES                                                    !
                                                                                   2d Session                                                                                        116–472




                                                                                            BETTER ENERGY STORAGE TECHNOLOGY ACT



                                                                                     AUGUST 7, 2020.—Committed to the Committee of the Whole House on the State
                                                                                                       of the Union and ordered to be printed




                                                                                Ms. JOHNSON of Texas, from the Committee on Science, Space, and
                                                                                             Technology, submitted the following


                                                                                                                              R E P O R T
                                                                                                                          [To accompany H.R. 2986]

                                                                                                   [Including cost estimate of the Congressional Budget Office]

                                                                                  The Committee on Science, Space, and Technology, to whom was
                                                                                referred the bill (H.R.2986) to amend the United States Energy
                                                                                Storage Competitiveness Act of 2007 to establish a research, devel-
                                                                                opment, and demonstration program for grid-scale energy storage
                                                                                systems, and for other purposes, having considered the same, re-
                                                                                ports favorably thereon with an amendment and recommends that
                                                                                the bill as amended do pass.
                                                                                                                                    CONTENTS
                                                                                                                                                                                                      Page
                                                                                     I. Amendment .................................................................................................     2
                                                                                    II. Purpose of the Bill ......................................................................................      6
                                                                                   III. Background and Need for the Legislation ................................................                        7
                                                                                   IV. Committee Hearings ...................................................................................           7
                                                                                    V. Committee Consideration and Votes .........................................................                      8
                                                                                   VI. Summary of Major Provisions of the Bill ..................................................                       8
                                                                                  VII. Section-By-Section Analysis (By Title and Section) .................................                             9
                                                                                 VIII. Committee Views ........................................................................................         9
                                                                                   IX. Cost Estimate ..............................................................................................     9
                                                                                    X. Congressional Budget Office Cost Estimate .............................................                         10
                                                                                   XI. Compliance with Public Law 104–4 (Unfunded Mandates) ....................                                       11
                                                                                  XII. Committee Oversight Findings and Recommendations ...........................                                    11
                                                                                 XIII. Statement on General Performance Goals and Objectives ......................                                    11
                                                                                  XIV. Federal Advisory Committee Statement ...................................................                        12
                                                                                   XV. Duplication of Federal Programs ...............................................................                 12
                                                                                  XVI. Earmark Identification ...............................................................................          12
                                                                                 XVII. Applicability to the Legislative Branch .....................................................                   12
                                                                                XVIII. Statement on Preemption of State, Local, or Tribal Law ........................                                 12
                                                                                  XIX. Changes in Existing Law Made by the Bill, As Reported .......................                                   12




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                                                                                   XX. Proceedings of Subcommittee Markup ......................................................                       25
                                                                                  XXI. Proceedings of Full Committee Markup ....................................................                       63
                                                                                       99–006




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                                                                                                                         I. AMENDMENT
                                                                                     The amendment is as follows:
                                                                                     Strike all after the enacting clause and insert the following:
                                                                                SECTION 1. SHORT TITLE.
                                                                                   This Act may be cited as the ‘‘Better Energy Storage Technology Act’’ or the
                                                                                ‘‘BEST Act’’.
                                                                                SEC. 2. ENERGY STORAGE.
                                                                                  (a) IN GENERAL.—The United States Energy Storage Competitiveness Act of 2007
                                                                                (42 U.S.C. 17231) is amended—
                                                                                        (1) by redesignating subsections (l) through (p) as subsections (p) through (t),
                                                                                      respectively; and
                                                                                        (2) by inserting after subsection (k) the following:
                                                                                  ‘‘(l) ENERGY STORAGE RESEARCH AND DEVELOPMENT PROGRAM.—
                                                                                        ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of the
                                                                                      Better Energy Storage Technology Act, the Secretary shall establish a research
                                                                                      and development program for energy storage systems, components, and mate-
                                                                                      rials across multiple program offices of the Department.
                                                                                        ‘‘(2) REQUIREMENTS.—In carrying out the program under paragraph (1), the
                                                                                      Secretary shall—
                                                                                              ‘‘(A) coordinate across all relevant program offices throughout the Depart-
                                                                                           ment, including the Office of Electricity, the Office of Energy Efficiency and
                                                                                           Renewable Energy, the Advanced Research Projects Agency – Energy, the
                                                                                           Office of Science, and the Office of Cybersecurity, Energy Security, and
                                                                                           Emergency Response;
                                                                                              ‘‘(B) adopt long-term cost, performance, and demonstration targets for dif-
                                                                                           ferent types of energy storage systems and for use in a variety of regions,
                                                                                           including rural areas;
                                                                                              ‘‘(C) incorporate considerations of sustainability, sourcing, recycling,
                                                                                           reuse, and disposal of materials, including critical elements, in the design
                                                                                           of energy storage systems;
                                                                                              ‘‘(D) identify energy storage duration needs;
                                                                                              ‘‘(E) analyze the need for various types of energy storage to improve elec-
                                                                                           tric grid resilience and reliability; and
                                                                                              ‘‘(F) support research and development of advanced manufacturing tech-
                                                                                           nologies that have the potential to improve United States competitiveness
                                                                                           in energy storage manufacturing.
                                                                                        ‘‘(3) STRATEGIC PLAN.—
                                                                                              ‘‘(A) IN GENERAL.—No later than 180 days after the date of enactment of
                                                                                           the Better Energy Storage Technology Act, the Secretary shall develop a 5-
                                                                                           year strategic plan identifying research, development, demonstration, and
                                                                                           commercial application goals for the program in accordance with this sec-
                                                                                           tion. The Secretary shall submit this plan to the Committee on Science,
                                                                                           Space, and Technology of the House of Representatives and the Committee
                                                                                           on Energy and Natural Resources of the Senate.
                                                                                              ‘‘(B) CONTENTS.—The strategic plan submitted under subparagraph (A)
                                                                                           shall—
                                                                                                    ‘‘(i) identify programs at the Department related to energy storage
                                                                                                 systems that support the research and development activities described
                                                                                                 in paragraph (4), and the demonstration projects under subsection (m);
                                                                                                 and
                                                                                                    ‘‘(ii) include timelines for the accomplishment of goals developed
                                                                                                 under the plan.
                                                                                              ‘‘(C) UPDATES TO PLAN.—Not less frequently than once every 3 years, the
                                                                                           Secretary shall submit to the Committee on Science, Space, and Technology
                                                                                           of the House of Representatives and the Committee on Energy and Natural
                                                                                           Resources of the Senate an updated version of the plan under subparagraph
                                                                                           (A).
                                                                                        ‘‘(4) RESEARCH AND DEVELOPMENT.—In carrying out the program established
                                                                                      in paragraph (1), the Secretary shall focus on developing—
                                                                                              ‘‘(A) energy storage systems that can store energy and deliver stored en-
                                                                                           ergy for a minimum of 6 hours in duration to balance electricity needs over




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                                                                                           the course of a single day;
                                                                                              ‘‘(B) long-duration energy storage systems that can store energy and de-
                                                                                           liver stored energy for 10 to 100 hours in duration; and




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                                                                                              ‘‘(C) energy storage systems that can store energy and deliver stored en-
                                                                                           ergy over several months and address seasonal scale variations in supply
                                                                                           and demand.
                                                                                        ‘‘(5) TESTING AND VALIDATION.—The Secretary shall support the standardized
                                                                                     testing and validation of energy storage systems under the program through
                                                                                     collaboration with 1 or more National Laboratories, including the development
                                                                                     of methodologies to independently validate energy storage technologies by—
                                                                                              ‘‘(A) performance of energy storage systems on the electric grid, includ-
                                                                                           ing—
                                                                                                    ‘‘(i) when appropriate, testing of application-driven charge and dis-
                                                                                                 charge protocols;
                                                                                                    ‘‘(ii) evaluation of power capacity and energy output;
                                                                                                    ‘‘(iii) degradation of the energy storage systems from cycling and
                                                                                                 aging;
                                                                                                    ‘‘(iv) safety; and
                                                                                                    ‘‘(v) reliability testing under grid duty cycles; and
                                                                                              ‘‘(B) prediction of lifetime metrics.
                                                                                        ‘‘(6) COORDINATION.—In carrying out this subsection, the Secretary shall co-
                                                                                     ordinate with—
                                                                                              ‘‘(A) programs and offices that aim to increase domestic manufacturing
                                                                                           and production of energy storage systems, such as those within the Depart-
                                                                                           ment and within the National Institute of Standards and Technology;
                                                                                              ‘‘(B) other Federal agencies that are carrying out initiatives to increase
                                                                                           energy reliability through the development of energy storage systems, in-
                                                                                           cluding the Department of Defense; and
                                                                                              ‘‘(C) other stakeholders working to advance the development of commer-
                                                                                           cially viable energy storage systems.
                                                                                        ‘‘(7) TECHNICAL ASSISTANCE PROGRAM.—
                                                                                              ‘‘(A) IN GENERAL.—The Secretary shall provide technical assistance for
                                                                                           commercial application of energy storage technologies to eligible entities.
                                                                                              ‘‘(B) TECHNICAL ASSISTANCE.—Technical assistance provided under this
                                                                                           paragraph—
                                                                                                    ‘‘(i) may include assistance with—
                                                                                                           ‘‘(I) assessment of relevant technical and geographic characteris-
                                                                                                        tics;
                                                                                                           ‘‘(II) interconnection of electricity storage systems with the elec-
                                                                                                        tric grid; and
                                                                                                           ‘‘(III) engineering design; and
                                                                                                    ‘‘(ii) may not include assistance relating to modification of Federal,
                                                                                                 State, or local regulations or policies with respect to energy storage sys-
                                                                                                 tems.
                                                                                              ‘‘(C) APPLICATIONS.—
                                                                                                    ‘‘(i) IN GENERAL.—The Secretary shall seek applications for technical
                                                                                                 assistance and grants under the program—
                                                                                                           ‘‘(I) on a competitive basis; and
                                                                                                           ‘‘(II) on a periodic basis, but not less frequently than once every
                                                                                                        12 months.
                                                                                                    ‘‘(ii) PRIORITIES.—In selecting eligible entities for technical assistance
                                                                                                 for commercial applications, the Secretary shall give priority to eligible
                                                                                                 entities with projects that have the greatest potential for—
                                                                                                           ‘‘(I) strengthening the reliability and resilience of the electric grid
                                                                                                        to the impact of extreme weather events, power grid failures, and
                                                                                                        interruptions in supply of electricity;
                                                                                                           ‘‘(II) reducing the cost of energy storage systems; or
                                                                                                           ‘‘(III) facilitating the use of net zero emission energy resources.
                                                                                        ‘‘(8) PROGRAM DEFINED.—In this subsection, the term ‘program’ means the re-
                                                                                     search and development program established under paragraph (1).’’.
                                                                                  (b) ENERGY STORAGE DEMONSTRATION PROGRAM.—The United States Energy Stor-
                                                                                age Competitiveness Act of 2007 (42 U.S.C. 17231), as amended, is further amended
                                                                                by inserting after subsection (l), as added by subsection (a), the following:
                                                                                  ‘‘(m) ENERGY STORAGE DEMONSTRATION PROGRAM.—
                                                                                        ‘‘(1) ESTABLISHMENT.—The Secretary shall establish a competitive grant pro-
                                                                                     gram for the demonstration of energy storage systems, as identified by the Sec-
                                                                                     retary, that use either—
                                                                                              ‘‘(A) a single system; or
                                                                                              ‘‘(B) aggregations of multiple systems.




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                                                                                        ‘‘(2) ELIGIBILITY.—Entities eligible to receive a grant under paragraph (1) in-
                                                                                     clude—
                                                                                              ‘‘(A) a State, territory, or possession of the United States;




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                                                                                              ‘‘(B) a State energy office;
                                                                                              ‘‘(C) a tribal organization (as defined in section 3765 of title 38, United
                                                                                           States Code);
                                                                                              ‘‘(D) an institution of higher education (as defined in section 101 of the
                                                                                           Higher Education Act of 1965 (20 U.S.C. 1001));
                                                                                              ‘‘(E) an electric utility, including—
                                                                                                     ‘‘(i) a rural electric cooperative;
                                                                                                     ‘‘(ii) a political subdivision of a State, such as a municipally owned
                                                                                                  electric utility, or any agency, authority, corporation, or instrumentality
                                                                                                  of one or more State political subdivisions; and
                                                                                                     ‘‘(iii) an investor-owned utility; and
                                                                                              ‘‘(F) a private company, such as but not limited to an energy storage com-
                                                                                           pany.
                                                                                        ‘‘(3) SELECTION REQUIREMENTS.—In selecting eligible entities to receive a
                                                                                     grant under this section, the Secretary shall, to the maximum extent prac-
                                                                                     ticable—
                                                                                              ‘‘(A) ensure regional diversity among eligible entities that receive the
                                                                                           grants, including participation by rural States and small States;
                                                                                              ‘‘(B) ensure that specific projects selected for grants—
                                                                                                     ‘‘(i) expand on the existing technology demonstration programs of the
                                                                                                  Department of Energy; and
                                                                                                     ‘‘(ii) are designed to achieve one or more of the objectives described
                                                                                                  in paragraph (4);
                                                                                              ‘‘(C) give consideration to proposals from eligible entities for securing en-
                                                                                           ergy storage through competitive procurement or contract for service; and
                                                                                              ‘‘(D) prioritize projects that leverage matching funds from non-Federal
                                                                                           sources.
                                                                                        ‘‘(4) OBJECTIVES.—Each demonstration project selected for a grant under
                                                                                     paragraph (1) shall include one or more of the following objectives:
                                                                                              ‘‘(A) To improve the security of critical infrastructure and emergency re-
                                                                                           sponse systems.
                                                                                              ‘‘(B) To improve the reliability of the transmission and distribution sys-
                                                                                           tem, particularly in rural areas, including high energy cost rural areas.
                                                                                              ‘‘(C) To optimize transmission or distribution system operation and power
                                                                                           quality to defer or avoid costs of replacing or upgrading electric grid infra-
                                                                                           structure, including transformers and substations.
                                                                                              ‘‘(D) To supply energy at peak periods of demand on the electric grid or
                                                                                           during periods of significant variation of electric grid supply or demand.
                                                                                              ‘‘(E) To reduce peak loads of homes and businesses, particularly to defer
                                                                                           or avoid investments in new electric grid capacity.
                                                                                              ‘‘(F) To advance power conversion systems to make the systems smarter,
                                                                                           more efficient, able to communicate with other inverters, and able to control
                                                                                           voltage.
                                                                                              ‘‘(G) To provide ancillary services for grid stability and management.
                                                                                              ‘‘(H) To integrate one or more energy resources, including renewable en-
                                                                                           ergy resources, at the source or away from the source.
                                                                                              ‘‘(I) To increase the feasibility of microgrids or islanding.
                                                                                              ‘‘(J) To enable the use of stored energy in forms other than electricity to
                                                                                           support the natural gas system and other industrial processes.
                                                                                        ‘‘(5) RESTRICTION ON USE OF FUNDS.—Any eligible entity that receives a grant
                                                                                     under paragraph (1) may only use the grant to fund programs relating to the
                                                                                     demonstration of energy storage systems connected to the electric grid, or that
                                                                                     provides bi-directional energy storage capable of providing back-up energy in
                                                                                     the event of grid outages, including energy storage systems sited behind a cus-
                                                                                     tomer revenue meter.
                                                                                        ‘‘(6) COST SHARING.—In carrying out this section, the Secretary shall require
                                                                                     cost sharing under this section in accordance with section 988 of the Energy
                                                                                     Policy Act of 2005 (42 U.S.C. 16352).
                                                                                        ‘‘(7) NO PROJECT OWNERSHIP INTEREST.—The United States shall hold no eq-
                                                                                     uity or other ownership interest in an energy storage system for which a grant
                                                                                     is provided under paragraph (1).
                                                                                        ‘‘(8) RULES AND PROCEDURES; AWARDING OF GRANTS.—
                                                                                              ‘‘(A) RULES AND PROCEDURES.—Not later than 180 days after the date of
                                                                                           enactment of the Better Energy Storage Technology Act, the Secretary shall
                                                                                           adopt rules and procedures for carrying out the grant program under sub-
                                                                                           section (m).




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                                                                                              ‘‘(B) AWARDING OF GRANTS.—Not later than 1 year after the date on
                                                                                           which the rules and procedures under paragraph (A) are established, the
                                                                                           Secretary shall award the initial grants provided under this section.




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                                                                                       ‘‘(9) REPORTS.—The Secretary shall submit to Congress and make publicly
                                                                                     available—
                                                                                             ‘‘(A) not less frequently than once every 2 years for the duration of the
                                                                                          grant program under subsection (m), a report describing the performance
                                                                                          of the grant program, including a synthesis and analysis of any information
                                                                                          the Secretary requires grant recipients to provide to the Secretary as a con-
                                                                                          dition of receiving a grant; and
                                                                                             ‘‘(B) on termination of the grant program under subsection (m), an assess-
                                                                                          ment of the success of, and education provided by, the measures carried out
                                                                                          by grant recipients under the grant program.
                                                                                       ‘‘(10) PROGRAM DEFINED.—In this subsection, the term ‘program’ means the
                                                                                     demonstration program established under paragraph (1).’’.
                                                                                  (c) AUTHORIZATION OF APPROPRIATIONS.—The United States Energy Storage Com-
                                                                                petitiveness Act of 2007 (42 U.S.C. 17231) is amended, in subsection (t) (as redesig-
                                                                                nated by subsection (a)(1))—
                                                                                       (1) in paragraph (5), by striking ‘‘and’’ at the end;
                                                                                       (2) in paragraph (6), by striking the period at the end and inserting ‘‘;’’; and
                                                                                       (3) by adding at the end the following:
                                                                                       ‘‘(7) the research and development program for energy storage systems under
                                                                                     subsection (l)—
                                                                                             ‘‘(A) $62,000,000 for fiscal year 2020;
                                                                                             ‘‘(B) $ 65,100,000 for fiscal year 2021;
                                                                                             ‘‘(C) $ 68,355,000 for fiscal year 2022;
                                                                                             ‘‘(D) $ 71,773,000 for fiscal year 2023; and
                                                                                             ‘‘(E) $ 75,362,000 for fiscal year 2024; and
                                                                                       ‘‘(8) the demonstration program for energy storage systems under subsection
                                                                                     (m), $50,000,000 for each of fiscal years 2020 through 2024.’’.
                                                                                SEC. 3. CRITICAL MINERAL RECYCLING AND REUSE RESEARCH, DEVELOPMENT, AND DEM-
                                                                                          ONSTRATION PROGRAM.
                                                                                  The United States Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231)
                                                                                is amended by inserting after subsection (m), as added by section 2(b) of this Act,
                                                                                the following:
                                                                                  ‘‘(n) CRITICAL MINERAL RECYCLING AND REUSE RESEARCH, DEVELOPMENT, AND
                                                                                DEMONSTRATION PROGRAM.—
                                                                                        ‘‘(1) DEFINITIONS.—In this subsection:
                                                                                              ‘‘(A) CRITICAL MINERAL.—The term ‘critical mineral’ means any of a class
                                                                                           of chemical elements that have a high risk of a supply disruption and are
                                                                                           critical to one or more new, energy-related technologies such that a short-
                                                                                           age of such element would significantly inhibit large-scale deployment of
                                                                                           technologies that store energy.
                                                                                              ‘‘(B) RECYCLING.—The term ‘recycling’ means the separation of critical
                                                                                           minerals embedded within an energy storage system through physical or
                                                                                           chemical means and reuse of those separated critical minerals in other
                                                                                           technologies.
                                                                                        ‘‘(2) ESTABLISHMENT.—Not later than 180 days after the date of enactment of
                                                                                     the BEST Act, the Secretary shall establish a research, development, and dem-
                                                                                     onstration program of recycling of energy storage systems containing critical
                                                                                     minerals.
                                                                                        ‘‘(3) RESEARCH, DEVELOPMENT, AND DEMONSTRATION.—In carrying out the pro-
                                                                                     gram, the Secretary may focus research, development, and demonstration activi-
                                                                                     ties on—
                                                                                              ‘‘(A) technologies, process improvements, and design optimizations that
                                                                                           facilitate and promote recycling, including—
                                                                                                    ‘‘(i) improvement of efficiency and rates of collection of products and
                                                                                                 scrap containing critical minerals from consumer, industrial, and other
                                                                                                 waste streams;
                                                                                                    ‘‘(ii) separation and sorting of component materials in energy storage
                                                                                                 systems containing critical minerals, including improving the
                                                                                                 recyclability of such energy storage systems;
                                                                                                    ‘‘(iii) safe storage of energy storage systems, including reducing fire
                                                                                                 risk;
                                                                                                    ‘‘(iv) safe transportation of energy storage systems and components;
                                                                                                 and
                                                                                                    ‘‘(v) development of technologies to advance energy storage recycling
                                                                                                 facility infrastructure, including integrated recycling facilities that can
                                                                                                 process multiple materials;




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                                                                                              ‘‘(B) research and development of technologies that mitigate emissions
                                                                                           and environmental impacts that arise from recycling, including disposal of
                                                                                           toxic reagents and byproducts related to recycling processes;




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                                                                                               ‘‘(C) research and development of technologies to enable recycling of crit-
                                                                                            ical materials from batteries in electric vehicles;
                                                                                               ‘‘(D) research on and analysis of non-technical barriers to improving the
                                                                                            transportation of energy storage systems containing critical minerals; and
                                                                                               ‘‘(E) research on technologies and methods to enable the safe disposal of
                                                                                            energy storage systems containing critical minerals, including waste mate-
                                                                                            rials and components recovered during the recycling process.
                                                                                         ‘‘(4) REPORT TO CONGRESS.—Not later than 2 years after the date of enact-
                                                                                      ment of the BEST Act, and every 3 years thereafter, the Secretary shall submit
                                                                                      to the Committee on Science, Space, and Technology of the House of Represent-
                                                                                      atives and the Committee on Energy and Natural Resources of the Senate a re-
                                                                                      port summarizing the activities, findings, and progress of the program.
                                                                                  ‘‘(o) DEFINITIONS.—For purposes of subsections (l), (m), and (n), the following defi-
                                                                                nitions apply:
                                                                                         ‘‘(1) ENERGY STORAGE SYSTEM.—The term ‘energy storage system’ means a
                                                                                      system, equipment, facility, or technology relating to the electric grid that—
                                                                                               ‘‘(A) is capable of absorbing energy, storing such energy for a period of
                                                                                            time, and dispatching such energy after storage; and
                                                                                               ‘‘(B) uses a mechanical, electrical, chemical, electrochemical, or thermal
                                                                                            process to store such energy, or any other process that the Secretary deter-
                                                                                            mines relevant.
                                                                                         ‘‘(2) ISLAND.—The term ‘island’ means one or more distributed generators or
                                                                                      energy storage systems that continues to power a location in the absence of elec-
                                                                                      tricity from the electric grid.
                                                                                         ‘‘(3) MICROGRID.—The term ‘microgrid’ means an integrated energy system
                                                                                      consisting of inter-connected loads and distributed energy resources, including
                                                                                      generators and energy storage systems, within clearly defined electrical bound-
                                                                                      aries that—
                                                                                               ‘‘(A) acts as a single controllable entity with respect to the grid;
                                                                                               ‘‘(B) can connect and disconnect from the grid to operate in either grid-
                                                                                            connected mode or island-mode; or
                                                                                               ‘‘(C) can operate in the absence of the grid.
                                                                                         ‘‘(4) NATIONAL LABORATORY.—The term ‘national laboratory’ has the meaning
                                                                                      given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).’’.

                                                                                                                II. PURPOSE OF THE BILL
                                                                                  The purpose of the Better Energy Storage Technology Act (H.R.
                                                                                2986) is to amend the United States Energy Storage Competitive-
                                                                                ness Act to authorize a cross-cutting, research, development, and
                                                                                demonstration program to further the development of a variety of
                                                                                energy storage technologies. H.R. 2986 is sponsored by Mr. Foster
                                                                                and cos-sponsored by Mr. Casten, Ms. Herrera Beutler, Mr. Gon-
                                                                                zalez, Mr. Fitzpatrick, Mr. Welch, Mr. Bacon, Mr. Grijalva, Mr.
                                                                                Crenshaw, Mr. Kennedy, Mr. Gallagher, Mr. Lipinski, Mr. Stivers,
                                                                                Ms. Fletcher, Mr. McHenry, Mr. Case, Mr. Calvert, Mr. Weber, Ms.
                                                                                Lee, Ms. Spanberger, Mr. Katko, Ms. Kuster, Mr. Kind, Mr.
                                                                                Quigley, Ms. Lofgren, Mr. Cox, Ms. Norton, Ms. Dingell, Mr. Hime,
                                                                                Ms. Haaland, Ms. Luria, Mr. Lewis, Mr. Bluemenauer, Mr. Larsen,
                                                                                Mr. Smith, Ms. Stefanik, Mr. Brindsi, Mr. Cohen, Mr. Connolly,
                                                                                Mr. Kim, Mr. Schneider, Ms. Beatty, Mr. Scott, Mr. Harder, Mr.
                                                                                Suozzi, Mr. Keating, Mr. Meeks, Ms. Napolitano, Chairwoman
                                                                                Eddie Bernice Johnson, Ms. Pingree, Mr. Price, Ms. Barragán, Mr.
                                                                                Cole, Mr. Fortenberry, Mr. Meuser, Mr. McAdams, Ms. Sherrill,
                                                                                Mr. Olson, Mr. DeFazio, Ms. Escobar, Mr. Steil, Mr. Soto, Ms. Chu,
                                                                                Mr. Cicilline, Miss Rice, Mr. Khanna, Mr. Pocan, Mr. Crist, Mr.
                                                                                Joyce, Mr. Aguilar, Ms. Brownley, Mr. Cooper, Mr. Castro, Ms.
                                                                                McMorris Rodgers, Mr. Phillips, Mr. San Nicolas, Ms. Bonamici,
                                                                                Mr. Thompson, Ms. Sánchez, Mr. Rose, Ms. Watson Coleman, Mr.




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                                                                                Golden, Mr. Pappas, Mr. Langevin, Mr. Gallego, Ms. Eshoo, Ms.
                                                                                Houlahan, Mr. Doyle, Mr. Bera, Mr. Heck, Ms. Hayes, Mr. Amodei,
                                                                                Ms. Jayapal, Ms. Roybal-Allard, Mr. Luján, Mr. Horsford, Mr.




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                                                                                Sherman, Mr. Curtis, Ms. Titus, Mr. Trone, Mr. Peters, Ms. Craig,
                                                                                and Ms. Stevens.
                                                                                             III. BACKGROUND AND NEED FOR THE LEGISLATION
                                                                                  The Department of Energy (DOE) supports research on a variety
                                                                                of energy storage systems including battery storage at the Office of
                                                                                Electricity,1 the Office of Science,2 and the Advanced Research
                                                                                Projects Agency—Energy (ARPA–E); 3 pumped-storage hydropower
                                                                                at the Water Power Technologies Office; 4 and geothermal storage
                                                                                at the Geothermal Technologies Office,5 among others. Energy stor-
                                                                                age technologies offer a variety of benefits, including providing
                                                                                more stability for variable renewable energy generation sources
                                                                                and providing a variety of other grid services such as frequency
                                                                                regulation, voltage control, and load following. According to the
                                                                                Congressional Research Service, energy storage systems may be a
                                                                                key technology to enabling a future electric grid with low green-
                                                                                house gas emissions when paired with low-emissions energy gen-
                                                                                eration sources.6
                                                                                  In a 2017 report on electric grid resilience, the National Acad-
                                                                                emies noted that energy storage systems could improve the resil-
                                                                                ience of the electric grid and recommended improved modeling to
                                                                                account for an electric grid system that includes significant storage
                                                                                capacity; consideration of storage resources in recovery strategies
                                                                                from power outages; and analyses of how electric vehicles might be
                                                                                used to provide emergency power for customers.7 Other reports
                                                                                have indicated the need for a cross-cutting, coordinated research ef-
                                                                                fort at the Department to advance energy storage systems, and an
                                                                                increased focus on long-duration energy storage.8,9 The Better En-
                                                                                ergy Storage Technology Act (H.R. 2986) incorporates many of
                                                                                these recommendations by authorizing a cross-cutting research, de-
                                                                                velopment, demonstration, and commercial application program to
                                                                                advance a variety of energy storage technologies for these purposes.
                                                                                                               IV. COMMITTEE HEARINGS
                                                                                  Pursuant to Section 103(i) of H. Res. 6, the Committee des-
                                                                                ignates the following hearings as having been used to develop or
                                                                                consider the legislation:
                                                                                  1 Energy Storage, Office of Electricity, U.S. Department of Energy, https://www.energy.gov/oe/
                                                                                activities/technology-development/energy-storage.
                                                                                  2 Joint Center for Energy Storage Research, Office of Science, U.S. Department of Energy,
                                                                                https://www.jcesr.org/.
                                                                                  3 Storage, ARPA–E, U.S. Department of Energy, https://arpa-e.energy.gov/?q=project-tech-
                                                                                areas/storage.
                                                                                  4 Pumped-Storage Hydropower, Water Power Technologies Office, U.S. Department of Energy,
                                                                                https://www.energy.gov/eere/water/pumped-storage-hydropower.
                                                                                  5 GTO Announces Beyond Batteries Lab Call Selections, Geothermal Technologies Office, U.S.
                                                                                Department of Energy, August 28, 2018, https://www.energy.gov/eere/geothermal/articles/gto-an-
                                                                                nounces-beyond-batteries-lab-call-selections.
                                                                                  6 Electricity Storage: Applications, Issues, and Technologies, Congressional Research Service,
                                                                                Report No. R45980, https://www.crs.gov/reports/pdf/R45980.
                                                                                  7 Enhancing the Resilience of the Nation’s Electricity System, National Academies of Science,
                                                                                Engineering, and Medicine, https://www.nap.edu/catalog/24836/enhancing-the-resilience-of-the-
                                                                                nations-electricity-system.
                                                                                  8 Making ‘‘Beyond Lithium’’ a Reality: Fostering Innovation in Long-Duration Grid Storage, In-




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                                                                                formation Technology & Innovation Foundation, https://itif.org/publications/2018/11/28/making-
                                                                                beyond-lithium-reality-fostering-innovation-long-duration-grid.
                                                                                  9 Harnessing the Potential of Energy Storage, Edison Electric Institute, https://www.eei.org/
                                                                                issuesandpolicy/generation/Documents/EEI_HarnessingStorage_Final.pdf.




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                                                                                  On July 17, 2019 the Honorable Conor Lamb presiding, the En-
                                                                                ergy Subcommittee of the Committee on Science, Space, and Tech-
                                                                                nology held a hearing to examine research needs to modernize and
                                                                                secure our nation’s electricity grid, including energy storage. Wit-
                                                                                nesses and Members discussed the need for a more coordinated in-
                                                                                vestment on research and development of energy storage tech-
                                                                                nologies at the Department of Energy and the need for more energy
                                                                                storage demonstration projects.
                                                                                                                           WITNESSES

                                                                                   The Honorable Karen Evans, Assistant Secretary, Office of Cy-
                                                                                bersecurity, Energy Security, and Emergency Response, U.S. De-
                                                                                partment of Energy
                                                                                   Mr. Juan J. Torres, Associate Laboratory Director, Energy Sys-
                                                                                tems Integration, National Renewable Energy Laboratory and Co-
                                                                                Chair, Grid Modernization Lab Consortium
                                                                                   Ms. Kelly Speakes-Backman, CEO, Energy Storage Association
                                                                                   Ms. Katherine Hamilton, Chair, 38 North Solutions and Execu-
                                                                                tive Director, Advanced Energy Management Alliance
                                                                                                    V. COMMITTEE CONSIDERATION AND VOTES
                                                                                   The Energy Subcommittee of the Committee on Science, Space,
                                                                                and Technology met to consider H.R. 2986 on December 19, 2019
                                                                                and considered the following amendment to the bill:
                                                                                   Mr. Foster offered an amendment in the nature of a substitute
                                                                                that would expand the activities authorized in the bill to include
                                                                                a technical assistance program to aid in the commercial application
                                                                                of energy storage technologies and an energy storage demonstra-
                                                                                tion program. The amendment was agreed to by a voice vote.
                                                                                   Mr. Lamb moved that the Committee favorably report the bill,
                                                                                H.R. 2986, as amended, to the Full Committee with the rec-
                                                                                ommendation that the bill be approved. The motion was agreed to
                                                                                by a voice vote.
                                                                                   The Committee on Science, Space, and Technology met to con-
                                                                                sider H.R. 2986 on February 12, 2020 and considered the following
                                                                                amendments to the bill:
                                                                                   Mr. Foster offered a Manager’s amendment that would make
                                                                                technical and conforming changes to the bill. The amendment was
                                                                                agreed to by a voice vote.
                                                                                   Mr. Tonko offered an amendment that would add a critical min-
                                                                                eral recycling and reuse research, development and demonstration
                                                                                program to the bill. The amendment was agreed to by a voice vote.
                                                                                   Ms. Sherrill offered an amendment that would add support for
                                                                                research and development of advanced manufacturing technologies
                                                                                to improve U.S. energy storage manufacturing competitiveness. The
                                                                                amendment was agreed to by a voice vote.
                                                                                   Chairwoman Johnson moved that the Committee favorably re-
                                                                                port the bill, H.R. 2986, as amended, to the House of Representa-
                                                                                tives with the recommendation that the bill be approved. The mo-
                                                                                tion was agreed to by a voice vote.
                                                                                              VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL




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                                                                                 The Better Energy Storage Technology (BEST) Act (H.R. 2986)
                                                                                would authorize a cross-cutting, research, development, and dem-




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                                                                                onstration program to further the development of a variety of en-
                                                                                ergy storage systems, components, and materials. The bill also di-
                                                                                rects the Secretary of Energy to develop a strategic plan for energy
                                                                                storage research; to establish a technical assistance program for
                                                                                the commercial application of energy storage systems; and to estab-
                                                                                lish a research, development, and demonstration program for recy-
                                                                                cling of energy storage systems containing critical minerals.
                                                                                      VII. SECTION-BY-SECTION ANALYSIS (BY TITLE AND SECTION)
                                                                                Sec. 1 Short title
                                                                                  ‘‘Better Energy Storage Technology Act’’
                                                                                Sec. 2 Energy storage
                                                                                   This section authorizes a cross-cutting research and development
                                                                                program at the Department of Energy on energy storage, including
                                                                                instructing the Secretary to coordinate across relevant program of-
                                                                                fices in carrying out the program and to adopt long-term cost and
                                                                                performance targets for the program. Additionally, this section re-
                                                                                quires the Secretary to develop a 5-year strategic plan to identify
                                                                                goals and timelines for the research and development program.
                                                                                Furthermore, this section instructs the Secretary to develop testing
                                                                                and validation methodologies for a variety of energy storage tech-
                                                                                nologies. This section also authorizes a technical assistance pro-
                                                                                gram to assist with interconnection of energy storage systems with
                                                                                the electric grid and assessment of technical and geographic char-
                                                                                acteristics in addition to an energy storage demonstration program.
                                                                                Lastly, this section authorizes the following amounts for appropria-
                                                                                tions: for research and development, $62 million in fiscal year 2020
                                                                                with 5% annual increases through fiscal year 2024 and for a dem-
                                                                                onstration program, $50 million for each of fiscal years 2020
                                                                                through 2024.
                                                                                                                 VIII. COMMITTEE VIEWS
                                                                                  As part of the report authorized in this legislation, the Com-
                                                                                mittee intends that the Department shall study ways to stand-
                                                                                ardize and streamline the process for approving interconnection of
                                                                                energy storage systems onto the electric grid.
                                                                                                                    IX. COST ESTIMATE
                                                                                  Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
                                                                                of Representatives, the Committee adopts as its own the estimate
                                                                                of new budget authority, entitlement authority, or tax expenditures
                                                                                or revenues contained in the cost estimate prepared by the Director
                                                                                of the Congressional Budget Office pursuant to section 402 of the
                                                                                Congressional Budget Act of 1974.




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                                                                                             X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
                                                                                                                         U.S. CONGRESS,
                                                                                                            CONGRESSIONAL BUDGET OFFICE,
                                                                                                                 Washington, DC, June 22, 2020.
                                                                                Hon. EDDIE BERNICE JOHNSON,
                                                                                Chairwoman, Committee on Science, Space, and Technology,
                                                                                House of Representatives, Washington, DC.
                                                                                  DEAR MADAM CHAIRWOMAN: The Congressional Budget Office
                                                                                has prepared the enclosed cost estimate for H.R. 2986, the BEST
                                                                                Act.
                                                                                  If you wish further details on this estimate, we will be pleased
                                                                                to provide them. The CBO staff contact is Aaron Krupkin.
                                                                                       Sincerely,
                                                                                                                         PHILLIP L. SWAGEL,
                                                                                                                                        Director.
                                                                                  Enclosure.




                                                                                   H.R. 2986 would reauthorize and expand the Department of En-
                                                                                ergy’s (DOE’s) research and development (R&D) program for en-
                                                                                ergy storage systems. Under the program, DOE would develop a
                                                                                strategic plan, conduct research, support testing and validation of
                                                                                energy storage systems, and provide technical assistance. The bill
                                                                                would authorize the appropriation of specific amounts for each year
                                                                                from 2020 through 2024 for those purposes. In 2020, the authoriza-
                                                                                tion would be $62 million. However, DOE’s Office of Electricity has
                                                                                allocated $55 million in 2020 for research on energy storage tech-
                                                                                nologies. As a result, CBO estimates that H.R. 2986 would increase
                                                                                authorizations in 2020 by $7 million, the difference between the
                                                                                amount authorized to be appropriated in the bill and the amount
                                                                                allocated for that year.
                                                                                   The bill also would authorize the appropriation of $50 million an-
                                                                                nually through 2024 for DOE to award grants for the demonstra-




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                                                                                tion of energy storage systems.
                                                                                   Finally, H.R. 2986 would require DOE to conduct research, devel-
                                                                                opment, and demonstration activities to advance the recycling of




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                                                                                energy storage systems that contain critical minerals (lithium, co-
                                                                                balt, nickel, graphite, etc.). Based on the cost of similar programs,
                                                                                CBO estimates the authorization in 2020 would be $25 million,
                                                                                with that amount increasing each year to account for anticipated
                                                                                inflation.
                                                                                   For this estimate, CBO assumes that the bill will be enacted in
                                                                                fiscal year 2020. Under that assumption, DOE could incur some
                                                                                costs in 2020, but CBO expects that most of the costs would be in-
                                                                                curred in 2021 and later. Based on historical spending patterns for
                                                                                similar programs, CBO estimates that implementing H.R. 2986
                                                                                would cost $572 million over the 2020–2025 period, assuming ap-
                                                                                propriation of the authorized and estimated amounts.
                                                                                   The costs of the legislation, detailed in Table 1, would primarily
                                                                                fall within budget function 270 (energy).
                                                                                  TABLE 1.—ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 2986
                                                                                                                                                                                                  By fiscal year, millions of dollars—

                                                                                                                                                                                                                                              2020–
                                                                                                                                                                                        2020    2021    2022     2023     2024      2025       2025

                                                                                Energy Storage R&D:
                                                                                      Authorization .................................................................................      7      65      68        72       75           0     288
                                                                                      Estimated Outlays ........................................................................           *      17      42        56       68          55     238
                                                                                Demonstration Grants:
                                                                                      Authorization .................................................................................     50      50      50        50       50           0     250
                                                                                      Estimated Outlays ........................................................................           *      23      48        50       54          40     215
                                                                                Critical Mineral Recycling:
                                                                                      Estimated Authorization ...............................................................             25      26      26        27       27          28     159
                                                                                      Estimated Outlays ........................................................................           *      12      25        26       28          28     119
                                                                                      Total Changes:
                                                                                            Estimated Authorization ......................................................                82     141     144      149      152        28        697
                                                                                            Estimated Outlays ...............................................................              *      52     115      132      150       123        572
                                                                                   Components may not sum to totals because of rounding; R&D = research and development; * = between zero and $500,000.
                                                                                   a H.R. 2986 would authorize the appropriation of $62 million in 2020 for the Department of Energy (DOE) to conduct energy storage R&D.
                                                                                However, DOE has allocated $55 million in 2020 for those purposes. As a result, CBO estimates that H.R.2986 would increase authorizations
                                                                                in 2020 by $7 million, the difference between the amount authorized to be appropriated in the bill and the amount allocated for that year.

                                                                                   On October 22, 2019, CBO transmitted a cost estimate for S.
                                                                                1602, the BEST Act, as ordered reported by the Senate Committee
                                                                                on Energy and Natural Resources on September 25, 2019. The two
                                                                                pieces of legislation are similar, but each has a different scope and
                                                                                would authorize the appropriation of different amounts. CBO’s cost
                                                                                estimates reflect those differences.
                                                                                   The CBO staff contact for this estimate is Aaron Krupkin. The
                                                                                estimate was reviewed by H. Samuel Papenfuss, Deputy Director
                                                                                of Budget Analysis.
                                                                                                                          XI. FEDERAL MANDATES STATEMENT
                                                                                     H.R. 2986 contains no unfunded mandates.
                                                                                      XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
                                                                                   The Committee’s oversight findings and recommendations are re-
                                                                                flected in the body of this report.
                                                                                                    XIII. STATEMENT ON GENERAL PERFORMANCE GOALS
                                                                                                                    AND OBJECTIVES




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                                                                                  Pursuant to clause (3)(c) of House rule XIII, the goals of H.R.
                                                                                2986 are to direct Federal research on energy storage systems,




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                                                                                components, and materials; establish a technical assistance pro-
                                                                                gram for energy storage systems; and direct a research, develop-
                                                                                ment, and demonstration program on recycling of energy storage
                                                                                systems containing critical minerals.
                                                                                               XIV. FEDERAL ADVISORY COMMITTEE STATEMENT
                                                                                     H.R. 2986 does not authorize any federal advisory committees.
                                                                                                    XV. DUPLICATION OF FEDERAL PROGRAMS
                                                                                  Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
                                                                                of Representatives, the Committee finds that no provision of H.R.
                                                                                2986 establishes or reauthorizes a program of the federal govern-
                                                                                ment known to be duplicative of another federal program, including
                                                                                any program that was included in a report to Congress pursuant
                                                                                to section 21 of Public Law 111–139 or the most recent Catalog of
                                                                                Federal Domestic Assistance.
                                                                                                             XVI. EARMARK IDENTIFICATION
                                                                                   Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the Committee
                                                                                finds that H.R. 2986 contains no earmarks, limited tax benefits, or
                                                                                limited tariff benefits.
                                                                                               XVII. APPLICABILITY TO THE LEGISLATIVE BRANCH
                                                                                  The Committee finds that H.R. 2986 does not relate to the terms
                                                                                and conditions of employment or access to public services or accom-
                                                                                modations within the meaning of section 102(b)(3) of the Congres-
                                                                                sional Accountability Act (Public Law 104–1).
                                                                                           XVIII. STATEMENT ON PREEMPTION OF STATE, LOCAL,
                                                                                                            OR TRIBAL LAW

                                                                                     This bill is not intended to preempt any state, local, or tribal law.
                                                                                 XIX. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
                                                                                  In compliance with clause 3(e) of rule XIII of the Rules of the
                                                                                House of Representatives, changes in existing law made by the bill,
                                                                                as reported, are shown as follows (existing law proposed to be omit-
                                                                                ted is enclosed in black brackets, new matter is printed in italics,
                                                                                and existing law in which no change is proposed is shown in
                                                                                roman):

                                                                                 UNITED STATES ENERGY STORAGE COMPETITIVENESS
                                                                                                  ACT OF 2007

                                                                                           *            *           *               *           *         *           *

                                                                                     TITLE VI—ACCELERATED RESEARCH
                                                                                             AND DEVELOPMENT




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                                                                                           *            *           *               *           *         *           *




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                                                                                            Subtitle D—Energy Storage for
                                                                                          Transportation and Electric Power
                                                                                           *            *           *               *           *         *           *
                                                                                SEC. 641. ENERGY STORAGE COMPETITIVENESS.
                                                                                  (a) SHORT TITLE.—This section may be cited             as the ‘‘United
                                                                                States Energy Storage Competitiveness Act of 2007’’.
                                                                                   (b) DEFINITIONS.—In this section:
                                                                                         (1) COUNCIL.—The term ‘‘Council’’ means the Energy Storage
                                                                                      Advisory Council established under subsection (e).
                                                                                         (2) COMPRESSED AIR ENERGY STORAGE.—The term ‘‘com-
                                                                                      pressed air energy storage’’ means, in the case of an electricity
                                                                                      grid application, the storage of energy through the compression
                                                                                      of air.
                                                                                         (3) ELECTRIC DRIVE VEHICLE.—The term ‘‘electric drive vehi-
                                                                                      cle’’ means—
                                                                                               (A) a vehicle that uses an electric motor for all or part
                                                                                            of the motive power of the vehicle, including battery elec-
                                                                                            tric, hybrid electric, plug-in hybrid electric, fuel cell, and
                                                                                            plug-in fuel cell vehicles and rail transportation vehicles;
                                                                                            or
                                                                                               (B) mobile equipment that uses an electric motor to re-
                                                                                            place an internal combustion engine for all or part of the
                                                                                            work of the equipment.
                                                                                         (4) ISLANDING.—The term ‘‘islanding’’ means a distributed
                                                                                      generator or energy storage device continuing to power a loca-
                                                                                      tion in the absence of electric power from the primary source.
                                                                                         (5) FLYWHEEL.—The term ‘‘flywheel’’ means, in the case of an
                                                                                      electricity grid application, a device used to store rotational ki-
                                                                                      netic energy.
                                                                                         (6) MICROGRID.—The term ‘‘microgrid’’ means an integrated
                                                                                      energy system consisting of interconnected loads and distrib-
                                                                                      uted energy resources (including generators and energy storage
                                                                                      devices), which as an integrated system can operate in parallel
                                                                                      with the utility grid or in an intentional islanding mode.
                                                                                         (7) SELF-HEALING GRID.—The term ‘‘self-healing grid’’ means
                                                                                      a grid that is capable of automatically anticipating and re-
                                                                                      sponding to power system disturbances (including the isolation
                                                                                      of failed sections and components), while optimizing the per-
                                                                                      formance and service of the grid to customers.
                                                                                         (8) SPINNING RESERVE SERVICES.—The term ‘‘spinning re-
                                                                                      serve services’’ means a quantity of electric generating capacity
                                                                                      in excess of the quantity needed to meet peak electric demand.
                                                                                         (9) ULTRACAPACITOR.—The term ‘‘ultracapacitor’’ means an
                                                                                      energy storage device that has a power density comparable to
                                                                                      a conventional capacitor but is capable of exceeding the energy
                                                                                      density of a conventional capacitor by several orders of mag-
                                                                                      nitude.
                                                                                   (c) PROGRAM.—The Secretary shall carry out a research, develop-
                                                                                ment, and demonstration program to support the ability of the




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                                                                                United States to remain globally competitive in energy storage sys-
                                                                                tems for electric drive vehicles, stationary applications, and elec-
                                                                                tricity transmission and distribution.




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                                                                                  (d) COORDINATION.—In carrying out the activities of this section,
                                                                                the Secretary shall coordinate relevant efforts with appropriate
                                                                                Federal agencies, including the Department of Transportation.
                                                                                  (e) ENERGY STORAGE ADVISORY COUNCIL.—
                                                                                        (1) ESTABLISHMENT.—Not later than 90 days after the date
                                                                                     of enactment of this Act, the Secretary shall establish an En-
                                                                                     ergy Storage Advisory Council.
                                                                                        (2) COMPOSITION.—
                                                                                             (A) IN GENERAL.—Subject to subparagraph (B), the
                                                                                          Council shall consist of not less than 15 individuals ap-
                                                                                          pointed by the Secretary, based on recommendations of the
                                                                                          National Academy of Sciences.
                                                                                             (B) ENERGY STORAGE INDUSTRY.—The Council shall con-
                                                                                          sist primarily of representatives of the energy storage in-
                                                                                          dustry of the United States.
                                                                                             (C) CHAIRPERSON.—The Secretary shall select a Chair-
                                                                                          person for the Council from among the members appointed
                                                                                          under subparagraph (A).
                                                                                        (3) MEETINGS.—
                                                                                             (A) IN GENERAL.—The Council shall meet not less than
                                                                                          once a year.
                                                                                             (B) FEDERAL ADVISORY COMMITTEE ACT.—The Federal
                                                                                          Advisory Committee Act (5 U.S.C. App.) shall apply to a
                                                                                          meeting of the Council.
                                                                                        (4) PLANS.—No later than 1 year after the date of enactment
                                                                                     of this Act and every 5 years thereafter, the Council, in con-
                                                                                     junction with the Secretary, shall develop a 5-year plan for in-
                                                                                     tegrating basic and applied research so that the United States
                                                                                     retains a globally competitive domestic energy storage industry
                                                                                     for electric drive vehicles, stationary applications, and elec-
                                                                                     tricity transmission and distribution.
                                                                                        (5) REVIEW.—The Council shall—
                                                                                             (A) assess, every 2 years, the performance of the Depart-
                                                                                          ment in meeting the goals of the plans developed under
                                                                                          paragraph (4); and
                                                                                             (B) make specific recommendations to the Secretary on
                                                                                          programs or activities that should be established or termi-
                                                                                          nated to meet those goals.
                                                                                  (f) BASIC RESEARCH PROGRAM.—
                                                                                        (1) BASIC RESEARCH.—The Secretary shall conduct a basic re-
                                                                                     search program on energy storage systems to support electric
                                                                                     drive vehicles, stationary applications, and electricity trans-
                                                                                     mission and distribution, including—
                                                                                             (A) materials design;
                                                                                             (B) materials synthesis and characterization;
                                                                                             (C) electrode-active materials, including electrolytes and
                                                                                          bioelectrolytes;
                                                                                             (D) surface and interface dynamics;
                                                                                             (E) modeling and simulation; and
                                                                                             (F) thermal behavior and life degradation mechanisms.
                                                                                        (2) NANOSCIENCE CENTERS.—The Secretary, in cooperation
                                                                                     with the Council, shall coordinate the activities of the nano-




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                                                                                     science centers of the Department to help the energy storage
                                                                                     research centers of the Department maintain a globally com-
                                                                                     petitive posture in energy storage systems for electric drive ve-




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                                                                                       hicles, stationary applications, and electricity transmission and
                                                                                       distribution.
                                                                                          (3) FUNDING.—For activities carried out under this sub-
                                                                                       section, in addition to funding activities at National Labora-
                                                                                       tories, the Secretary shall award funds to, and coordinate ac-
                                                                                       tivities with, a range of stakeholders including the public, pri-
                                                                                       vate, and academic sectors.
                                                                                     (g) APPLIED RESEARCH PROGRAM.—
                                                                                          (1) IN GENERAL.—The Secretary shall conduct an applied re-
                                                                                       search program on energy storage systems to support electric
                                                                                       drive vehicles, stationary applications, and electricity trans-
                                                                                       mission and distribution technologies, including—
                                                                                               (A) ultracapacitors;
                                                                                               (B) flywheels;
                                                                                               (C) batteries and battery systems (including flow bat-
                                                                                            teries);
                                                                                               (D) compressed air energy systems;
                                                                                               (E) power conditioning electronics;
                                                                                               (F) manufacturing technologies for energy storage sys-
                                                                                            tems;
                                                                                               (G) thermal management systems; and
                                                                                               (H) hydrogen as an energy storage medium.
                                                                                          (2) FUNDING.—For activities carried out under this sub-
                                                                                       section, in addition to funding activities at National Labora-
                                                                                       tories, the Secretary shall provide funds to, and coordinate ac-
                                                                                       tivities with, a range of stakeholders, including the public, pri-
                                                                                       vate, and academic sectors.
                                                                                     (h) ENERGY STORAGE RESEARCH CENTERS.—
                                                                                          (1) IN GENERAL.—The Secretary shall establish, through com-
                                                                                       petitive bids, not more than 4 energy storage research centers
                                                                                       to translate basic research into applied technologies to advance
                                                                                       the capability of the United States to maintain a globally com-
                                                                                       petitive posture in energy storage systems for electric drive ve-
                                                                                       hicles, stationary applications, and electricity transmission and
                                                                                       distribution.
                                                                                          (2) PROGRAM MANAGEMENT.—The centers shall be managed
                                                                                       by the Under Secretary for Science of the Department.
                                                                                          (3) PARTICIPATION AGREEMENTS.—As a condition of partici-
                                                                                       pating in a center, a participant shall enter into a participation
                                                                                       agreement with the center that requires that activities con-
                                                                                       ducted by the participant for the center promote the goal of en-
                                                                                       abling the United States to compete successfully in global en-
                                                                                       ergy storage markets.
                                                                                          (4) PLANS.—A center shall conduct activities that promote
                                                                                       the achievement of the goals of the plans of the Council under
                                                                                       subsection (e)(4).
                                                                                          (5) NATIONAL LABORATORIES.—A national laboratory (as de-
                                                                                       fined in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
                                                                                       15801)) may participate in a center established under this sub-
                                                                                       section, including a cooperative research and development
                                                                                       agreement (as defined in section 12(d) of the Stevenson-Wydler




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                                                                                       Technology Innovation Act of 1980 (15 U.S.C. 3710a(d))).
                                                                                          (6) DISCLOSURE.—Section 623 of the Energy Policy Act of
                                                                                       1992 (42 U.S.C. 13293) may apply to any project carried out




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                                                                                                                                16

                                                                                        through a grant, contract, or cooperative agreement under this
                                                                                        subsection.
                                                                                          (7) INTELLECTUAL PROPERTY.—In accordance with section
                                                                                        202(a)(ii) of title 35, United States Code, section 152 of the
                                                                                        Atomic Energy Act of 1954 (42 U.S.C. 2182), and section 9 of
                                                                                        the Federal Nonnuclear Energy Research and Development Act
                                                                                        of 1974 (42 U.S.C. 5908), the Secretary may require, for any
                                                                                        new invention developed under this subsection, that—
                                                                                               (A) if an industrial participant is active in a energy stor-
                                                                                            age research center established under this subsection re-
                                                                                            lating to the advancement of energy storage technologies
                                                                                            carried out, in whole or in part, with Federal funding, the
                                                                                            industrial participant be granted the first option to nego-
                                                                                            tiate with the invention owner, at least in the field of en-
                                                                                            ergy storage technologies, nonexclusive licenses, and royal-
                                                                                            ties on terms that are reasonable, as determined by the
                                                                                            Secretary;
                                                                                               (B) if 1 or more industry participants are active in a cen-
                                                                                            ter, during a 2-year period beginning on the date on which
                                                                                            an invention is made—
                                                                                                    (i) the patent holder shall not negotiate any license
                                                                                                  or royalty agreement with any entity that is not an in-
                                                                                                  dustrial participant under this subsection; and
                                                                                                    (ii) the patent holder shall negotiate nonexclusive li-
                                                                                                  censes and royalties in good faith with any interested
                                                                                                  industrial participant under this subsection; and
                                                                                               (C) the new invention be developed under such other
                                                                                            terms as the Secretary determines to be necessary to pro-
                                                                                            mote the accelerated commercialization of inventions made
                                                                                            under this subsection to advance the capability of the
                                                                                            United States to successfully compete in global energy
                                                                                            storage markets.
                                                                                     (i) ENERGY STORAGE SYSTEMS DEMONSTRATIONS.—
                                                                                          (1) IN GENERAL.—The Secretary shall carry out a program of
                                                                                        new demonstrations of advanced energy storage systems.
                                                                                          (2) SCOPE.—The demonstrations shall—
                                                                                               (A) be regionally diversified; and
                                                                                               (B) expand on the existing technology demonstration
                                                                                            program of the Department.
                                                                                          (3) STAKEHOLDERS.—In carrying out the demonstrations, the
                                                                                        Secretary shall, to the maximum extent practicable, include
                                                                                        the participation of a range of stakeholders, including—
                                                                                               (A) rural electric cooperatives;
                                                                                               (B) investor owned utilities;
                                                                                               (C) municipally owned electric utilities;
                                                                                               (D) energy storage systems manufacturers;
                                                                                               (E) electric drive vehicle manufacturers;
                                                                                               (F) the renewable energy production industry;
                                                                                               (G) State or local energy offices;
                                                                                               (H) the fuel cell industry; and




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                                                                                               (I) institutions of higher education.
                                                                                          (4) OBJECTIVES.—Each of the demonstrations shall include 1
                                                                                        or more of the following:




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                                                                                                (A) Energy storage to improve the feasibility of
                                                                                             microgrids or islanding, or transmission and distribution
                                                                                             capability, to improve reliability in rural areas.
                                                                                                (B) Integration of an energy storage system with a self-
                                                                                             healing grid.
                                                                                                (C) Use of energy storage to improve security to emer-
                                                                                             gency response infrastructure and ensure availability of
                                                                                             emergency backup power for consumers.
                                                                                                (D) Integration with a renewable energy production
                                                                                             source, at the source or away from the source.
                                                                                                (E) Use of energy storage to provide ancillary services,
                                                                                             such as spinning reserve services, for grid management.
                                                                                                (F) Advancement of power conversion systems to make
                                                                                             the systems smarter, more efficient, able to communicate
                                                                                             with other inverters, and able to control voltage.
                                                                                                (G) Use of energy storage to optimize transmission and
                                                                                             distribution operation and power quality, which could ad-
                                                                                             dress overloaded lines and maintenance of transformers
                                                                                             and substations.
                                                                                                (H) Use of advanced energy storage for peak load man-
                                                                                             agement of homes, businesses, and the grid.
                                                                                                (I) Use of energy storage devices to store energy during
                                                                                             nonpeak generation periods to make better use of existing
                                                                                             grid assets.
                                                                                     (j) VEHICLE ENERGY STORAGE DEMONSTRATION.—
                                                                                           (1) IN GENERAL.—The Secretary shall carry out a program of
                                                                                        electric drive vehicle energy storage technology demonstra-
                                                                                        tions.
                                                                                           (2) CONSORTIA.—The technology demonstrations shall be con-
                                                                                        ducted through consortia, which may include—
                                                                                                (A) energy storage systems manufacturers and suppliers
                                                                                             of the manufacturers;
                                                                                                (B) electric drive vehicle manufacturers;
                                                                                                (C) rural electric cooperatives;
                                                                                                (D) investor owned utilities;
                                                                                                (E) municipal and rural electric utilities;
                                                                                                (F) State and local governments;
                                                                                                (G) metropolitan transportation authorities; and
                                                                                                (H) institutions of higher education.
                                                                                           (3) OBJECTIVES.—The program shall demonstrate 1 or more
                                                                                        of the following:
                                                                                                (A) Novel, high capacity, high efficiency energy storage,
                                                                                             charging, and control systems, along with the collection of
                                                                                             data on performance characteristics, such as battery life,
                                                                                             energy storage capacity, and power delivery capacity.
                                                                                                (B) Advanced onboard energy management systems and
                                                                                             highly efficient battery cooling systems.
                                                                                                (C) Integration of those systems on a prototype vehicular
                                                                                             platform, including with drivetrain systems for passenger,
                                                                                             commercial, and nonroad electric drive vehicles.
                                                                                                (D) New technologies and processes that reduce manu-
                                                                                             facturing costs.




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                                                                                                (E) Integration of advanced vehicle technologies with
                                                                                             electricity distribution system and smart metering tech-
                                                                                             nology.




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                                                                                                                                18

                                                                                             (F) Control systems that minimize emissions profiles in
                                                                                          cases in which clean diesel engines are part of a plug-in
                                                                                          hybrid drive system.
                                                                                  (k) SECONDARY APPLICATIONS AND DISPOSAL OF ELECTRIC DRIVE
                                                                                VEHICLE BATTERIES.—The Secretary shall carry out a program of
                                                                                research, development, and demonstration of—
                                                                                        (1) secondary applications of energy storage devices following
                                                                                     service in electric drive vehicles; and
                                                                                        (2) technologies and processes for final recycling and disposal
                                                                                     of the devices.
                                                                                  (l) ENERGY STORAGE RESEARCH AND DEVELOPMENT PROGRAM.—
                                                                                        (1) IN GENERAL.—Not later than 180 days after the date of
                                                                                     enactment of the Better Energy Storage Technology Act, the Sec-
                                                                                     retary shall establish a research and development program for
                                                                                     energy storage systems, components, and materials across mul-
                                                                                     tiple program offices of the Department.
                                                                                        (2) REQUIREMENTS.—In carrying out the program under
                                                                                     paragraph (1), the Secretary shall—
                                                                                             (A) coordinate across all relevant program offices
                                                                                          throughout the Department, including the Office of Elec-
                                                                                          tricity, the Office of Energy Efficiency and Renewable En-
                                                                                          ergy, the Advanced Research Projects Agency – Energy, the
                                                                                          Office of Science, and the Office of Cybersecurity, Energy
                                                                                          Security, and Emergency Response;
                                                                                             (B) adopt long-term cost, performance, and demonstra-
                                                                                          tion targets for different types of energy storage systems
                                                                                          and for use in a variety of regions, including rural areas;
                                                                                             (C) incorporate considerations of sustainability, sourcing,
                                                                                          recycling, reuse, and disposal of materials, including crit-
                                                                                          ical elements, in the design of energy storage systems;
                                                                                             (D) identify energy storage duration needs;
                                                                                             (E) analyze the need for various types of energy storage
                                                                                          to improve electric grid resilience and reliability; and
                                                                                             (F) support research and development of advanced manu-
                                                                                          facturing technologies that have the potential to improve
                                                                                          United States competitiveness in energy storage manufac-
                                                                                          turing.
                                                                                        (3) STRATEGIC PLAN.—
                                                                                             (A) IN GENERAL.—No later than 180 days after the date
                                                                                          of enactment of the Better Energy Storage Technology Act,
                                                                                          the Secretary shall develop a 5-year strategic plan identi-
                                                                                          fying research, development, demonstration, and commer-
                                                                                          cial application goals for the program in accordance with
                                                                                          this section. The Secretary shall submit this plan to the
                                                                                          Committee on Science, Space, and Technology of the House
                                                                                          of Representatives and the Committee on Energy and Nat-
                                                                                          ural Resources of the Senate.
                                                                                             (B) CONTENTS.—The strategic plan submitted under sub-
                                                                                          paragraph (A) shall—
                                                                                                  (i) identify programs at the Department related to en-
                                                                                               ergy storage systems that support the research and de-
                                                                                               velopment activities described in paragraph (4), and




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                                                                                               the demonstration projects under subsection (m); and
                                                                                                  (ii) include timelines for the accomplishment of goals
                                                                                               developed under the plan.




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                                                                                                                                19

                                                                                               (C) UPDATES TO PLAN.—Not less frequently than once
                                                                                            every 3 years, the Secretary shall submit to the Committee
                                                                                            on Science, Space, and Technology of the House of Rep-
                                                                                            resentatives and the Committee on Energy and Natural Re-
                                                                                            sources of the Senate an updated version of the plan under
                                                                                            subparagraph (A).
                                                                                         (4) RESEARCH AND DEVELOPMENT.—In carrying out the pro-
                                                                                       gram established in paragraph (1), the Secretary shall focus on
                                                                                       developing—
                                                                                               (A) energy storage systems that can store energy and de-
                                                                                            liver stored energy for a minimum of 6 hours in duration
                                                                                            to balance electricity needs over the course of a single day;
                                                                                               (B) long-duration energy storage systems that can store
                                                                                            energy and deliver stored energy for 10 to 100 hours in du-
                                                                                            ration; and
                                                                                               (C) energy storage systems that can store energy and de-
                                                                                            liver stored energy over several months and address sea-
                                                                                            sonal scale variations in supply and demand.
                                                                                         (5) TESTING AND VALIDATION.—The Secretary shall support
                                                                                       the standardized testing and validation of energy storage sys-
                                                                                       tems under the program through collaboration with 1 or more
                                                                                       National Laboratories, including the development of methodolo-
                                                                                       gies to independently validate energy storage technologies by—
                                                                                               (A) performance of energy storage systems on the electric
                                                                                            grid, including—
                                                                                                   (i) when appropriate, testing of application-driven
                                                                                                 charge and discharge protocols;
                                                                                                   (ii) evaluation of power capacity and energy output;
                                                                                                   (iii) degradation of the energy storage systems from
                                                                                                 cycling and aging;
                                                                                                   (iv) safety; and
                                                                                                   (v) reliability testing under grid duty cycles; and
                                                                                               (B) prediction of lifetime metrics.
                                                                                         (6) COORDINATION.—In carrying out this subsection, the Sec-
                                                                                       retary shall coordinate with—
                                                                                               (A) programs and offices that aim to increase domestic
                                                                                            manufacturing and production of energy storage systems,
                                                                                            such as those within the Department and within the Na-
                                                                                            tional Institute of Standards and Technology;
                                                                                               (B) other Federal agencies that are carrying out initia-
                                                                                            tives to increase energy reliability through the development
                                                                                            of energy storage systems, including the Department of De-
                                                                                            fense; and
                                                                                               (C) other stakeholders working to advance the develop-
                                                                                            ment of commercially viable energy storage systems.
                                                                                         (7) TECHNICAL ASSISTANCE PROGRAM.—
                                                                                               (A) IN GENERAL.—The Secretary shall provide technical
                                                                                            assistance for commercial application of energy storage
                                                                                            technologies to eligible entities.
                                                                                               (B) TECHNICAL ASSISTANCE.—Technical assistance pro-
                                                                                            vided under this paragraph—




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                                                                                                   (i) may include assistance with—
                                                                                                         (I) assessment of relevant technical and geo-
                                                                                                      graphic characteristics;




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                                                                                                           (II) interconnection of electricity storage systems
                                                                                                        with the electric grid; and
                                                                                                           (III) engineering design; and
                                                                                                     (ii) may not include assistance relating to modifica-
                                                                                                  tion of Federal, State, or local regulations or policies
                                                                                                  with respect to energy storage systems.
                                                                                               (C) APPLICATIONS.—
                                                                                                     (i) IN GENERAL.—The Secretary shall seek applica-
                                                                                                  tions for technical assistance and grants under the pro-
                                                                                                  gram—
                                                                                                           (I) on a competitive basis; and
                                                                                                           (II) on a periodic basis, but not less frequently
                                                                                                        than once every 12 months.
                                                                                                     (ii) PRIORITIES.—In selecting eligible entities for tech-
                                                                                                  nical assistance for commercial applications, the Sec-
                                                                                                  retary shall give priority to eligible entities with
                                                                                                  projects that have the greatest potential for—
                                                                                                           (I) strengthening the reliability and resilience of
                                                                                                        the electric grid to the impact of extreme weather
                                                                                                        events, power grid failures, and interruptions in
                                                                                                        supply of electricity;
                                                                                                           (II) reducing the cost of energy storage systems;
                                                                                                        or
                                                                                                           (III) facilitating the use of net zero emission en-
                                                                                                        ergy resources.
                                                                                          (8) PROGRAM DEFINED.—In this subsection, the term ‘‘pro-
                                                                                       gram’’ means the research and development program estab-
                                                                                       lished under paragraph (1).
                                                                                     (m) ENERGY STORAGE DEMONSTRATION PROGRAM.—
                                                                                          (1) ESTABLISHMENT.—The Secretary shall establish a com-
                                                                                       petitive grant program for the demonstration of energy storage
                                                                                       systems, as identified by the Secretary, that use either—
                                                                                               (A) a single system; or
                                                                                               (B) aggregations of multiple systems.
                                                                                          (2) ELIGIBILITY.—Entities eligible to receive a grant under
                                                                                       paragraph (1) include—
                                                                                               (A) a State, territory, or possession of the United States;
                                                                                               (B) a State energy office;
                                                                                               (C) a tribal organization (as defined in section 3765 of
                                                                                            title 38, United States Code);
                                                                                               (D) an institution of higher education (as defined in sec-
                                                                                            tion 101 of the Higher Education Act of 1965 (20 U.S.C.
                                                                                            1001));
                                                                                               (E) an electric utility, including—
                                                                                                     (i) a rural electric cooperative;
                                                                                                     (ii) a political subdivision of a State, such as a mu-
                                                                                                  nicipally owned electric utility, or any agency, author-
                                                                                                  ity, corporation, or instrumentality of one or more State
                                                                                                  political subdivisions; and
                                                                                                     (iii) an investor-owned utility; and
                                                                                               (F) a private company, such as but not limited to an en-
                                                                                            ergy storage company.




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                                                                                          (3) SELECTION REQUIREMENTS.—In selecting eligible entities
                                                                                       to receive a grant under this section, the Secretary shall, to the
                                                                                       maximum extent practicable—




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                                                                                                                                21

                                                                                               (A) ensure regional diversity among eligible entities that
                                                                                            receive the grants, including participation by rural States
                                                                                            and small States;
                                                                                               (B) ensure that specific projects selected for grants—
                                                                                                     (i) expand on the existing technology demonstration
                                                                                                  programs of the Department of Energy; and
                                                                                                     (ii) are designed to achieve one or more of the objec-
                                                                                                  tives described in paragraph (4);
                                                                                               (C) give consideration to proposals from eligible entities
                                                                                            for securing energy storage through competitive procure-
                                                                                            ment or contract for service; and
                                                                                               (D) prioritize projects that leverage matching funds from
                                                                                            non-Federal sources.
                                                                                          (4) OBJECTIVES.—Each demonstration project selected for a
                                                                                       grant under paragraph (1) shall include one or more of the fol-
                                                                                       lowing objectives:
                                                                                               (A) To improve the security of critical infrastructure and
                                                                                            emergency response systems.
                                                                                               (B) To improve the reliability of the transmission and
                                                                                            distribution system, particularly in rural areas, including
                                                                                            high energy cost rural areas.
                                                                                               (C) To optimize transmission or distribution system oper-
                                                                                            ation and power quality to defer or avoid costs of replacing
                                                                                            or upgrading electric grid infrastructure, including trans-
                                                                                            formers and substations.
                                                                                               (D) To supply energy at peak periods of demand on the
                                                                                            electric grid or during periods of significant variation of
                                                                                            electric grid supply or demand.
                                                                                               (E) To reduce peak loads of homes and businesses, par-
                                                                                            ticularly to defer or avoid investments in new electric grid
                                                                                            capacity.
                                                                                               (F) To advance power conversion systems to make the
                                                                                            systems smarter, more efficient, able to communicate with
                                                                                            other inverters, and able to control voltage.
                                                                                               (G) To provide ancillary services for grid stability and
                                                                                            management.
                                                                                               (H) To integrate one or more energy resources, including
                                                                                            renewable energy resources, at the source or away from the
                                                                                            source.
                                                                                               (I) To increase the feasibility of microgrids or islanding.
                                                                                               (J) To enable the use of stored energy in forms other than
                                                                                            electricity to support the natural gas system and other in-
                                                                                            dustrial processes.
                                                                                          (5) RESTRICTION ON USE OF FUNDS.—Any eligible entity that
                                                                                       receives a grant under paragraph (1) may only use the grant to
                                                                                       fund programs relating to the demonstration of energy storage
                                                                                       systems connected to the electric grid, or that provides bi-direc-
                                                                                       tional energy storage capable of providing back-up energy in the
                                                                                       event of grid outages, including energy storage systems sited be-
                                                                                       hind a customer revenue meter.
                                                                                          (6) COST SHARING.—In carrying out this section, the Secretary
                                                                                       shall require cost sharing under this section in accordance with




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                                                                                       section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
                                                                                          (7) NO PROJECT OWNERSHIP INTEREST.—The United States
                                                                                       shall hold no equity or other ownership interest in an energy




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                                                                                                                                22

                                                                                    storage system for which a grant is provided under paragraph
                                                                                    (1).
                                                                                       (8) RULES AND PROCEDURES; AWARDING OF GRANTS.—
                                                                                            (A) RULES AND PROCEDURES.—Not later than 180 days
                                                                                         after the date of enactment of the Better Energy Storage
                                                                                         Technology Act, the Secretary shall adopt rules and proce-
                                                                                         dures for carrying out the grant program under subsection
                                                                                         (m).
                                                                                            (B) AWARDING OF GRANTS.—Not later than 1 year after
                                                                                         the date on which the rules and procedures under para-
                                                                                         graph (A) are established, the Secretary shall award the
                                                                                         initial grants provided under this section.
                                                                                       (9) REPORTS.—The Secretary shall submit to Congress and
                                                                                    make publicly available—
                                                                                            (A) not less frequently than once every 2 years for the du-
                                                                                         ration of the grant program under subsection (m), a report
                                                                                         describing the performance of the grant program, including
                                                                                         a synthesis and analysis of any information the Secretary
                                                                                         requires grant recipients to provide to the Secretary as a
                                                                                         condition of receiving a grant; and
                                                                                            (B) on termination of the grant program under subsection
                                                                                         (m), an assessment of the success of, and education pro-
                                                                                         vided by, the measures carried out by grant recipients
                                                                                         under the grant program.
                                                                                       (10) PROGRAM DEFINED.—In this subsection, the term ‘‘pro-
                                                                                    gram’’ means the demonstration program established under
                                                                                    paragraph (1).
                                                                                  (n) CRITICAL MINERAL RECYCLING AND REUSE RESEARCH, DEVEL-
                                                                                OPMENT, AND DEMONSTRATION PROGRAM.—
                                                                                       (1) DEFINITIONS.—In this subsection:
                                                                                            (A) CRITICAL MINERAL.—The term ‘‘critical mineral’’
                                                                                         means any of a class of chemical elements that have a high
                                                                                         risk of a supply disruption and are critical to one or more
                                                                                         new, energy-related technologies such that a shortage of
                                                                                         such element would significantly inhibit large-scale deploy-
                                                                                         ment of technologies that store energy.
                                                                                            (B) RECYCLING.—The term ‘‘recycling’’ means the separa-
                                                                                         tion of critical minerals embedded within an energy storage
                                                                                         system through physical or chemical means and reuse of
                                                                                         those separated critical minerals in other technologies.
                                                                                       (2) ESTABLISHMENT.—Not later than 180 days after the date
                                                                                    of enactment of the BEST Act, the Secretary shall establish a
                                                                                    research, development, and demonstration program of recycling
                                                                                    of energy storage systems containing critical minerals.
                                                                                       (3) RESEARCH, DEVELOPMENT, AND DEMONSTRATION.—In car-
                                                                                    rying out the program, the Secretary may focus research, devel-
                                                                                    opment, and demonstration activities on—
                                                                                            (A) technologies, process improvements, and design opti-
                                                                                         mizations that facilitate and promote recycling, including—
                                                                                                 (i) improvement of efficiency and rates of collection of
                                                                                              products and scrap containing critical minerals from




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                                                                                              consumer, industrial, and other waste streams;
                                                                                                 (ii) separation and sorting of component materials in
                                                                                              energy storage systems containing critical minerals, in-




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                                                                                                                                23

                                                                                                cluding improving the recyclability of such energy stor-
                                                                                                age systems;
                                                                                                  (iii) safe storage of energy storage systems, including
                                                                                                reducing fire risk;
                                                                                                  (iv) safe transportation of energy storage systems and
                                                                                                components; and
                                                                                                  (v) development of technologies to advance energy
                                                                                                storage recycling facility infrastructure, including inte-
                                                                                                grated recycling facilities that can process multiple ma-
                                                                                                terials;
                                                                                             (B) research and development of technologies that miti-
                                                                                          gate emissions and environmental impacts that arise from
                                                                                          recycling, including disposal of toxic reagents and byprod-
                                                                                          ucts related to recycling processes;
                                                                                             (C) research and development of technologies to enable
                                                                                          recycling of critical materials from batteries in electric vehi-
                                                                                          cles;
                                                                                             (D) research on and analysis of non-technical barriers to
                                                                                          improving the transportation of energy storage systems con-
                                                                                          taining critical minerals; and
                                                                                             (E) research on technologies and methods to enable the
                                                                                          safe disposal of energy storage systems containing critical
                                                                                          minerals, including waste materials and components recov-
                                                                                          ered during the recycling process.
                                                                                       (4) REPORT TO CONGRESS.—Not later than 2 years after the
                                                                                     date of enactment of the BEST Act, and every 3 years there-
                                                                                     after, the Secretary shall submit to the Committee on Science,
                                                                                     Space, and Technology of the House of Representatives and the
                                                                                     Committee on Energy and Natural Resources of the Senate a re-
                                                                                     port summarizing the activities, findings, and progress of the
                                                                                     program.
                                                                                  (o) DEFINITIONS.—For purposes of subsections (l), (m), and (n),
                                                                                the following definitions apply:
                                                                                       (1) ENERGY STORAGE SYSTEM.—The term ‘‘energy storage sys-
                                                                                     tem’’ means a system, equipment, facility, or technology relating
                                                                                     to the electric grid that—
                                                                                             (A) is capable of absorbing energy, storing such energy
                                                                                          for a period of time, and dispatching such energy after stor-
                                                                                          age; and
                                                                                             (B) uses a mechanical, electrical, chemical, electro-
                                                                                          chemical, or thermal process to store such energy, or any
                                                                                          other process that the Secretary determines relevant.
                                                                                       (2) ISLAND.—The term ‘‘island’’ means one or more distrib-
                                                                                     uted generators or energy storage systems that continues to
                                                                                     power a location in the absence of electricity from the electric
                                                                                     grid.
                                                                                       (3) MICROGRID.—The term ‘‘microgrid’’ means an integrated
                                                                                     energy system consisting of inter-connected loads and distrib-
                                                                                     uted energy resources, including generators and energy storage
                                                                                     systems, within clearly defined electrical boundaries that—
                                                                                             (A) acts as a single controllable entity with respect to the
                                                                                          grid;




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                                                                                             (B) can connect and disconnect from the grid to operate
                                                                                          in either grid-connected mode or island-mode; or
                                                                                             (C) can operate in the absence of the grid.




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                                                                                        (4) NATIONAL LABORATORY.—The term ‘‘national laboratory’’
                                                                                     has the meaning given the term in section 2 of the Energy Pol-
                                                                                     icy Act of 2005 (42 U.S.C. 15801).
                                                                                   ø(l)¿ (p) COST SHARING.—The Secretary shall carry out the pro-
                                                                                grams established under this section in accordance with section
                                                                                988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
                                                                                   ø(m)¿ (q) MERIT REVIEW OF PROPOSALS.—The Secretary shall
                                                                                carry out the programs established under subsections (i), (j), and
                                                                                (k) in accordance with section 989 of the Energy Policy Act of 2005
                                                                                (42 U.S.C. 16353).
                                                                                   ø(n)¿ (r) COORDINATION AND NONDUPLICATION.—To the max-
                                                                                imum extent practicable, the Secretary shall coordinate activities
                                                                                under this section with other programs and laboratories of the De-
                                                                                partment and other Federal research programs.
                                                                                   ø(o)¿ (s) REVIEW BY NATIONAL ACADEMY OF SCIENCES.—On the
                                                                                business day that is 5 years after the date of enactment of this Act,
                                                                                the Secretary shall offer to enter into an arrangement with the Na-
                                                                                tional Academy of Sciences to assess the performance of the De-
                                                                                partment in carrying out this section.
                                                                                   ø(p)¿ (t) AUTHORIZATION OF APPROPRIATIONS.—There are author-
                                                                                ized to be appropriated to carry out—
                                                                                        (1) the basic research program under subsection (f)
                                                                                     $50,000,000 for each of fiscal years 2009 through 2018;
                                                                                        (2) the applied research program under subsection (g)
                                                                                     $80,000,000 for each of fiscal years 2009 through 2018; and;
                                                                                        (3) the energy storage research center program under sub-
                                                                                     section (h) $100,000,000 for each of fiscal years 2009 through
                                                                                     2018;
                                                                                        (4) the energy storage systems demonstration program under
                                                                                     subsection (i) $30,000,000 for each of fiscal years 2009 through
                                                                                     2018;
                                                                                        (5) the vehicle energy storage demonstration program under
                                                                                     subsection (j) $30,000,000 for each of fiscal years 2009 through
                                                                                     2018; øand¿
                                                                                        (6) the secondary applications and disposal of electric drive
                                                                                     vehicle batteries program under subsection (k) $5,000,000 for
                                                                                     each of fiscal years 2009 through 2018ø.¿;
                                                                                        (7) the research and development program for energy storage
                                                                                     systems under subsection (l)—
                                                                                             (A) $62,000,000 for fiscal year 2020;
                                                                                             (B) $ 65,100,000 for fiscal year 2021;
                                                                                             (C) $ 68,355,000 for fiscal year 2022;
                                                                                             (D) $ 71,773,000 for fiscal year 2023; and
                                                                                             (E) $ 75,362,000 for fiscal year 2024; and
                                                                                        (8) the demonstration program for energy storage systems
                                                                                     under subsection (m), $50,000,000 for each of fiscal years 2020
                                                                                     through 2024.
                                                                                           *            *           *               *           *         *           *




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                                                                                                                                87




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 94 here HREPT472.064


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                                                                                                                                88




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 95 here HREPT472.065


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                                                                                                                                89




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 96 here HREPT472.066


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                                                                                                                                90




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 97 here HREPT472.067


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                                                                                                                                91




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 98 here HREPT472.068


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                                                                                                                                92




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 99 here HREPT472.069


                                          VerDate Sep 11 2014   23:16 Aug 09, 2020   Jkt 099006   PO 00000   Frm 00092   Fmt 6659   Sfmt 6602   E:\HR\OC\HR472.XXX   HR472
                                                                                                                                93




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 100 here HREPT472.070


                                          VerDate Sep 11 2014   23:16 Aug 09, 2020   Jkt 099006   PO 00000   Frm 00093   Fmt 6659   Sfmt 6602   E:\HR\OC\HR472.XXX   HR472
                                                                                                                                94




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 101 here HREPT472.071


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                                                                                                                                95




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 102 here HREPT472.072


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                                                                                                                                96




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 103 here HREPT472.073


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                                                                                                                                97




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 104 here HREPT472.074


                                          VerDate Sep 11 2014   23:16 Aug 09, 2020   Jkt 099006   PO 00000   Frm 00097   Fmt 6659   Sfmt 6602   E:\HR\OC\HR472.XXX   HR472
                                                                                                                                98




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 105 here HREPT472.075


                                          VerDate Sep 11 2014   23:16 Aug 09, 2020   Jkt 099006   PO 00000   Frm 00098   Fmt 6659   Sfmt 6602   E:\HR\OC\HR472.XXX   HR472
                                                                                                                                99




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 106 here HREPT472.076


                                          VerDate Sep 11 2014   23:16 Aug 09, 2020   Jkt 099006   PO 00000   Frm 00099   Fmt 6659   Sfmt 6602   E:\HR\OC\HR472.XXX   HR472
                                                                                                                                100




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 107 here HREPT472.077


                                          VerDate Sep 11 2014   23:16 Aug 09, 2020   Jkt 099006   PO 00000   Frm 00100   Fmt 6659   Sfmt 6602   E:\HR\OC\HR472.XXX   HR472
                                                                                                                                101




SSpencer on DSK126QN23PROD with REPORTS
                                                                                                                                                                             Insert offset folio 108 here HREPT472.078


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CRPT_crpt-116hrpt472_crpt-116hrpt472.pdf
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SHA-256
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CRPT_crpt-116hrpt472_crpt-116hrpt472.pdf
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