Page:United States Statutes at Large Volume 123.djvu/164

 123STA T . 1 4 4 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(3)Byinsert in gaf ter se c ti o n 1 3 04 ( b )(3)( D )t h efo l lo w ing new s u b p aragraphs

‘( E ) AVAIL A B ILI TYOFD ATA .—T he S ecretary shall estab - lish an dm aintain a smart grid information clearinghouse in a timely manner which will ma k e data from smart grid demonstration pro j ects and other sources a v ailable to the public. As a condition of receiving financial assistance under this subsection , a utility or other participant in a smart grid demonstration project shall provide such information as the Secretary may re q uire to become avail- able through the smart grid information clearinghouse in the form and within the timeframes as directed by the Secretary. The Secretary shall assure that business propri- etary information and individual customer information is not included in the information made available through the clearinghouse. ‘‘( F ) OPEN P R OTO C OL S AND STANDARDS.—The Secretary shall require as a condition of receiving funding under this subsection that demonstration projects utili z e open protocols and standards (including I nternet-based protocols and standards) if available and appropriate. ’ ’. (4) By amending paragraph ( 2 ) of section 1304(c) to read as follows: ‘‘(2) to carry out subsection (b), such sums as may be necessary.’’. ( 5 ) By amending subsection (a) of section 130 6 by striking ‘‘reimbursement of one-fifth (20 percent)’’ and inserting ‘‘grants of up to one-half (50 percent)’’. (6) By striking the last sentence of subsection (b)( 9 )of section 1306. ( 7 ) By striking ‘‘are eligible for’’ in subsection (c)(1) of section 1306 and inserting ‘‘utilize’’. ( 8 ) By amending subsection (e) of section 1306 to read as follows: ‘‘(e) P ROCED U RES AND R ULES.—(1) The Secretary shall, within 60 days after the enactment of the American Recovery and Reinvest- ment Act of 2009, by means of a notice of intent and subsequent solicitation of grant proposals— ‘‘(A) establish procedures by which applicants can obtain grants of not more than one-half of their documented costs ‘‘(B) require as a condition of receiving funding under this subsection that demonstration projects utilize open protocols and standards (including Internet-based protocols and stand- ards) if available and appropriate; ‘‘( C ) establish procedures to ensure that there is no duplica- tion or multiple payment for the same investment or costs, that the grant goes to the party making the actual e x penditures for the qualifying Smart G rid investments, and that the grants made have a significant effect in encouraging and facilitating the development of a smart grid; ‘‘(D) establish procedures to ensure there will be public records of grants made, recipients, and qualifying Smart Grid investments which have received grants; and ‘‘(E) establish procedures to provide advance payment of moneys up to the full amount of the grant award. ‘‘(2) The Secretary shall have discretion and exercise reasonable judgment to deny grants for investments that do not qualify.’’. Deadlin e .Not i c e. 42USC17386 . 42 USC 17384. Clea r in gh o us e.