42 U.S.C. § 18771 — Definitions

Page 9228 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18771 project finalists in consultation with the Sec- retary of the Interior, the Administrator of the Environmental Protection Agency, and the Secretary of Labor. (5) Compatibility with existing operations Prior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as appli- cable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land pro- gram office to confirm— (A) that the proposed project is compatible with any current mining, exploration, or reclamation activities; and (B) the valid existing rights of any mining claimholders or operators. (d) Consultation The Secretary shall consult with the Director of the Office of Surface Mining Reclamation and Enforcement and the Administrator of the Envi- ronmental Protection Agency, acting through the Office of Brownfields and Land Revitaliza- tion, to determine whether it is necessary to promulgate regulations or issue guidance in order to prioritize and expedite the siting of clean energy projects on current and former mine land sites. (e) Technical assistance The Secretary shall provide technical assist- ance to project applicants selected for participa- tion in the program under subsection (c) to as- sess the needed interconnection, transmission, and other grid components and permitting and siting necessary to interconnect, on current and former mine land where the project will be sited, any generation or storage with the electric grid. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026. (Pub. L. 117–58, div. D, title III, § 40342, Nov. 15, 2021, 135 Stat. 1031.) Editorial Notes REFERENCES IN TEXT The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (a)(3)(A), is Pub. L. 95–87, Aug. 3, 1977, 91 Stat. 445. Titles IV and V of the Act are classsified to subchapters IV (§ 1231 et seq.) and V (§ 1251 et seq.), respectively, of Chapter 25 of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1201 of Title 30 and Tables. The Mining Law of 1872, referred to in subsec. (a)(3)(B), is act May 10, 1872, ch. 152, 17 Stat. 91, which was incorporated into the Revised Statutes of 1878 as R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30, Mineral Lands and Min- ing. For complete classification of such Revised Stat- utes sections to the Code, see Tables. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. SUBCHAPTER IV—ENERGY INFORMATION ADMINISTRATION § 18771. Definitions In this subchapter: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Energy Information Admin- istration. (2) Annual Critical Minerals Outlook The term ‘‘Annual Critical Minerals Out- look’’ means the Annual Critical Minerals Outlook prepared under section 1606(j)(1)(B) of title 30. (3) Critical mineral The term ‘‘critical mineral’’ has the mean- ing given the term in section 1606(a) of title 30. (4) Household energy burden The term ‘‘household energy burden’’ means the quotient obtained by dividing— (A) the residential energy expenditures (as defined in section 440.3 of title 10, Code of Federal Regulations (as in effect on Novem- ber 15, 2021)) of the applicable household; by (B) the annual income of that household. (5) Household with a high energy burden The term ‘‘household with a high energy burden’’ has the meaning given the term in section 440.3 of title 10, Code of Federal Regu- lations (as in effect on November 15, 2021). (6) Large manufacturing facility The term ‘‘large manufacturing facility’’ means a manufacturing facility that— (A) annually consumes more than 35,000 megawatt-hours of electricity; or (B) has a peak power demand of more than 10 megawatts. (7) Load-serving entity The term ‘‘load-serving entity’’ has the meaning given the term in section 824q(a) of title 16. (8) Miscellaneous electric load The term ‘‘miscellaneous electric load’’ means electricity that— (A) is used by an appliance or device— (i) within a building; or (ii) to serve a building; and (B) is not used for heating, ventilation, air conditioning, lighting, water heating, or re- frigeration. (9) Regional Transmission Organization The term ‘‘Regional Transmission Organiza- tion’’ has the meaning given the term in sec- tion 796 of title 16. (10) Rural area The term ‘‘rural area’’ has the meaning given the term in section 918c(a) of title 7. (Pub. L. 117–58, div. D, title IV, § 40411, Nov. 15, 2021, 135 Stat. 1038.) Page 9229 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18772 Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. § 18772. Data collection in the electricity sector (a) Dashboard (1) Establishment (A) In general Not later than 90 days after November 15, 2021, the Administrator shall establish an online database to track the operation of the bulk power system in the contiguous 48 States (referred to in this section as the ‘‘Dashboard’’). (B) Improvement of existing dashboard The Dashboard may be established through the improvement, in accordance with this subsection, of an existing dashboard of the Energy Information Administration, such as— (i) the U.S. Electric System Operating Data dashboard; or (ii) the Hourly Electric Grid Monitor. (2) Expansion (A) In general Not later than 1 year after November 15, 2021, the Administrator shall expand the Dashboard to include, to the maximum ex- tent practicable, hourly operating data col- lected from the electricity balancing au- thorities that operate the bulk power system in all of the several States, each territory of the United States, and the District of Co- lumbia. (B) Types of data The hourly operating data collected under subparagraph (A) may include data relating to— (i) total electricity demand; (ii) electricity demand by subregion; (iii) short-term electricity demand fore- casts; (iv) total electricity generation; (v) net electricity generation by fuel type, including renewables; (vi) electricity stored and discharged; (vii) total net electricity interchange; (viii) electricity interchange with di- rectly interconnected balancing authori- ties; and (ix) where available, the estimated mar- ginal greenhouse gas emissions per mega- watt hour of electricity generated— (I) within the metered boundaries of each balancing authority; and (II) for each pricing node. (b) Mix of energy sources (1) In general Not later than 1 year after November 15, 2021, the Administrator shall establish, in ac- cordance with section 18777 of this title and this subsection and to the extent the Adminis- trator determines to be appropriate, a system to harmonize the operating data on electricity generation collected under subsection (a) with— (A) measurements of greenhouse gas and other pollutant emissions collected by the Environmental Protection Agency; (B) other data collected by the Environ- mental Protection Agency or other relevant Federal agencies, as the Administrator de- termines to be appropriate; and (C) data collected by State or regional en- ergy credit registries. (2) Outcomes The system established under paragraph (1) shall result in an integrated dataset that in- cludes, for any given time— (A) the net generation of electricity by megawatt hour within the metered bound- aries of each balancing authority; and (B) where available, the average and mar- ginal greenhouse gas emissions by megawatt hour of electricity generated within the me- tered boundaries of each balancing author- ity. (3) Real-time data dissemination To the maximum extent practicable, the system established under paragraph (1) shall disseminate data— (A) on a real-time basis; and (B) through an application programming interface that is publicly accessible. (4) Complementary efforts The system established under paragraph (1) shall complement any existing data dissemi- nation efforts of the Administrator that make use of electricity generation data, such as electricity demand by subregion and elec- tricity interchange with directly inter- connected balancing authorities. (c) Observed characteristics of bulk power sys- tem resource integration (1) In general Not later than 1 year after November 15, 2021, the Administrator shall establish a sys- tem to provide to the public timely data on the integration of energy resources into the bulk power system and the electric distribu- tion grids in the United States, and the ob- served effects of that integration. (2) Requirements In carrying out paragraph (1), the Adminis- trator shall seek to improve the temporal and spatial resolution of data relating to how grid operations are changing, such as through— (A) thermal generator cycling to accom- modate intermittent generation; (B) generation unit self-scheduling prac- tices; (C) renewable source curtailment; (D) utility-scale storage; (E) load response; (F) aggregations of distributed energy re- sources at the distribution system level; (G) power interchange between directly connected balancing authorities;