[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3460 Reported in Senate (RS)]

                                                       Calendar No. 618
111th CONGRESS
  2d Session
                                S. 3460

                          [Report No. 111-332]

   To require the Secretary of Energy to provide funds to States for 
    rebates, loans, and other incentives to eligible individuals or 
entities for the purchase and installation of solar energy systems for 
    properties located in the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 7, 2010

Mr. Sanders (for himself, Mr. Specter, Mr. Cardin, Mr. Whitehouse, Mr. 
  Kaufman, Mrs. Gillibrand, Ms. Stabenow, Mr. Leahy, Mrs. Boxer, Mr. 
   Casey, Mr. Harkin, Mr. Lautenberg, Mr. Menendez, Mr. Merkley, Mr. 
 Kerry, Mrs. Shaheen, and Ms. Cantwell) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           September 27, 2010

  Reported by Mr. Bingaman, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To require the Secretary of Energy to provide funds to States for 
    rebates, loans, and other incentives to eligible individuals or 
entities for the purchase and installation of solar energy systems for 
    properties located in the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``10 Million Solar Roofs Act 
of 2010''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Eligible participant.--The term ``eligible 
        participant'' means--</DELETED>
                <DELETED>    (A) an owner of a home;</DELETED>
                <DELETED>    (B) a business entity;</DELETED>
                <DELETED>    (C) a local educational agency; 
                and</DELETED>
                <DELETED>    (D) any other individual or entity that 
                the Secretary determines to be appropriate.</DELETED>
        <DELETED>    (2) Installed nameplate capacity.--The term 
        ``installed nameplate capacity'' means the maximum output of a 
        solar electric system under specific conditions designated by 
        the manufacturer of the solar electric system.</DELETED>
        <DELETED>    (3) Local educational agency.--The term ``local 
        educational agency'' has the meaning given the term in section 
        9101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of Energy.</DELETED>
        <DELETED>    (5) Solar energy system.--The term ``solar energy 
        system'' means rooftop or ground-mounted solar equipment--
        </DELETED>
                <DELETED>    (A) that is used to generate electricity 
                or heat water; and</DELETED>
                <DELETED>    (B) with an installed nameplate capacity 
                not exceeding 1 megawatt or the thermal equivalent of 1 
                megawatt.</DELETED>

<DELETED>SEC. 3. REBATES, LOANS, AND OTHER INCENTIVES FOR PURCHASE AND 
              INSTALLATION OF SOLAR ENERGY SYSTEMS.</DELETED>

<DELETED>    (a) In General.--As soon as practicable after the date of 
enactment of this Act, the Secretary shall establish a program under 
which the Secretary shall provide funds to States to provide rebates, 
loans, or other incentives to eligible participants for the purchase 
and installation of solar energy systems for properties located in the 
United States.</DELETED>
<DELETED>    (b) Allocation.--For each of fiscal years 2012 through 
2020, the Secretary shall provide funds to States in accordance with 
the allocation formula used to allocate funds to States to carry out 
State energy conservation plans under part D of title III of the Energy 
Policy and Conservation Act (42 U.S.C. 6321 et seq.).</DELETED>
<DELETED>    (c) States Not Receiving Funds.--</DELETED>
        <DELETED>    (1) Duty of states.--Any State that does not elect 
        to receive funds provided under this section shall submit to 
        the Secretary written notification of the decision of the State 
        not to receive the funds.</DELETED>
        <DELETED>    (2) Duty of secretary.--Upon the receipt of 
        written notification by a State under paragraph (1), the 
        Secretary shall redistribute the funds that the State would 
        have received to each other State that elects to receive funds 
        provided under this section in accordance with the allocation 
        formula described in subsection (b).</DELETED>
<DELETED>    (d) Implementation.--</DELETED>
        <DELETED>    (1) Authorized use of funds.--Subject to 
        subsection (e), each State may use funds received under this 
        section to expand an existing, or establish and fund a new--
        </DELETED>
                <DELETED>    (A) State solar rebate program;</DELETED>
                <DELETED>    (B) solar loan program;</DELETED>
                <DELETED>    (C) solar performance-based incentive 
                program; or</DELETED>
                <DELETED>    (D) solar incentive program or innovative 
                solar financing program not described in subparagraphs 
                (A) through (C), as determined by the 
                Secretary.</DELETED>
        <DELETED>    (2) Program requirements.--For each fiscal year 
        during which a State uses funds provided under this section for 
        a use described in paragraph (1), the State shall--</DELETED>
                <DELETED>    (A) certify to the Secretary that the 
                funds will be used--</DELETED>
                        <DELETED>    (i) to supplement, expand, or 
                        create new programs (and will not supplant 
                        existing programs as to maximize program 
                        participation); and</DELETED>
                        <DELETED>    (ii) to deploy an increased 
                        quantity of solar energy systems; and</DELETED>
                <DELETED>    (B) submit to the Secretary an annual 
                implementation plan that contains--</DELETED>
                        <DELETED>    (i) projections for solar energy 
                        systems deployment;</DELETED>
                        <DELETED>    (ii) data regarding the number of 
                        eligible participants that are assisted under 
                        existing applicable State programs; 
                        and</DELETED>
                        <DELETED>    (iii) projections for--</DELETED>
                                <DELETED>    (I) additional solar 
                                energy system deployment; and</DELETED>
                                <DELETED>    (II) the number of 
                                additional eligible participants for 
                                the fiscal year following the fiscal 
                                year covered by the annual 
                                implementation plan.</DELETED>
<DELETED>    (e) Solar Energy System.--With respect to each State that 
receives funds under this section, the Secretary may specify the type 
and capacity of the solar energy system that the State may 
use.</DELETED>
<DELETED>    (f) Non-Federal Share.--Each State that receives funds 
under this section shall be responsible for an amount equal to 20 
percent of the amount of the provided funds.</DELETED>
<DELETED>    (g) Administrative Expenses.--Not more than 5 percent of 
the amounts made available for each fiscal year under this section may 
be used to pay the administrative expenses of the Department of Energy 
that the Secretary determines to be necessary to carry out this Act 
(including expenses arising from monitoring and evaluation).</DELETED>
<DELETED>    (h) Relationship to Other Law.--An eligible participant 
that receives a rebate under this section shall not be eligible for a 
rebate under section 206(c) of the Energy Policy Act of 2005 (42 U.S.C. 
15853).</DELETED>
<DELETED>    (i) Coordination; Consultation.--To the maximum extent 
practicable, the Secretary shall consult with the Secretary of the 
Treasury and the Governor of each State that receives funds under this 
section to ensure that each program carried out by each State through 
the use of the funds is coordinated with each other applicable 
incentive or financing program of the Federal Government or any other 
State.</DELETED>
<DELETED>    (j) Goal.--It is the aspiration and goal of the United 
States, through this Act or any appropriate incentive or research and 
development program, to install distributed solar energy systems on not 
less than 10,000,000 properties located in the United States by January 
1, 2020.</DELETED>
<DELETED>    (k) Report Regarding Additional Recommendations.--Not 
later than 270 days after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Energy and Natural Resources 
of the Senate and the Committee on Energy and Commerce of the House of 
Representatives a report that contains additional recommendations that 
the Secretary determines to be necessary to achieve the goal described 
in subsection (j), including any modification to the program 
established under subsection (a).</DELETED>
<DELETED>    (l) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out this section--
</DELETED>
        <DELETED>    (1) for fiscal year 2012, $250,000,000; 
        and</DELETED>
        <DELETED>    (2) for each of fiscal years 2013 through 2020, 
        such sums as are necessary.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``10 Million Solar Roofs Act of 
2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Eligible participant.--The term ``eligible 
        participant'' means--
                    (A) an owner of a home;
                    (B) a business entity;
                    (C) a local educational agency; and
                    (D) any other individual or entity that the 
                Secretary determines to be appropriate.
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (3) Installed nameplate capacity.--The term ``installed 
        nameplate capacity'' means the maximum output of a solar 
        electric system under specific conditions designated by the 
        manufacturer of the solar electric system.
            (4) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (6) Solar energy system.--The term ``solar energy system'' 
        means rooftop or ground-mounted solar equipment--
                    (A) that is used to generate electricity or heat 
                water; and
                    (B) with an installed nameplate capacity not 
                exceeding 1 megawatt or the thermal equivalent of 1 
                megawatt.

SEC. 3. REBATES, LOANS, AND OTHER INCENTIVES FOR PURCHASE AND 
              INSTALLATION OF SOLAR ENERGY SYSTEMS.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall establish a program under which the 
Secretary shall provide competitive grants to States, Indian tribes, 
and local governments to provide rebates, loans, or other incentives to 
eligible participants for the purchase and installation of solar energy 
systems for properties located in the United States.
    (b) Implementation.--
            (1) Competitive grants.--
                    (A) In general.--For each fiscal year, the 
                Secretary shall provide competitive grants to States, 
                Indian tribes, and local governments to be used in 
                accordance with this section.
                    (B) Requirements.--The Secretary shall adopt and 
                implement criteria for awarding competitive grants 
                under subparagraph (A) to States, Indian tribes, and 
                local governments that would--
                            (i) provide the maximum leverage of Federal 
                        funds;
                            (ii) provide for the maximum deployment of 
                        solar energy;
                            (iii) ensure that grants are awarded to a 
                        diversity of geographic locations and 
                        recipients with different population sizes;
                            (iv) provide not less than 2 percent of the 
                        funds available to Indian tribes and consortia 
                        of Indian tribes; and
                            (v) provide a preference for grant 
                        recipients that have established and 
                        maintained, or agree to commit to establish and 
                        maintain, standards and policies to overcome 
                        barriers to distributed generation (including 
                        interconnection and net metering) in a manner 
                        consistent with the legal authorities of the 
                        grant recipient.
            (2) Authorized use of funds.--Subject to subsection (c), 
        competitive grants provided under this section may be used to 
        expand an existing, or establish and fund a new--
                    (A) solar rebate program;
                    (B) solar loan program;
                    (C) solar performance-based incentive program; or
                    (D) solar incentive program, solar deployment 
                program or project, or innovative solar financing 
                program not described in subparagraphs (A) through (C), 
                as determined by the Secretary.
            (3) Program requirements.--For each fiscal year during 
        which a grant recipient uses funds provided under this section, 
        the grant recipient shall--
                    (A) certify to the Secretary that the funds will be 
                used--
                            (i) to supplement, expand, or create new 
                        programs or projects and will not supplant 
                        existing programs as to maximize program 
                        participation; and
                            (ii) to deploy an increased quantity of 
                        solar energy systems; and
                    (B) submit to the Secretary an implementation plan 
                that contains--
                            (i) projections for solar energy systems 
                        deployment;
                            (ii) data regarding the number of eligible 
                        participants that are assisted under existing 
                        applicable State and local programs; and
                            (iii) projections for--
                                    (I) additional solar energy system 
                                deployment; and
                                    (II) the number of additional 
                                eligible participants who will be 
                                covered by the annual implementation 
                                plan.
    (c) Solar Energy System.--With respect to grant awards in any 
fiscal year under this section, the Secretary may specify the type and 
capacity of the solar energy system and type of deployment or incentive 
program for which the grant funds are made available.
    (d) Non-Federal Share.--Each eligible entity that receives funds 
under this section shall be responsible for an amount equal to 20 
percent of the amount of the provided funds.
    (e) Administrative Expenses.--
            (1) In general.--Not more than 5 percent of the amounts 
        made available for each fiscal year under this section may be 
        used to pay the administrative expenses of the Department of 
        Energy that the Secretary determines to be necessary to carry 
        out this Act (including expenses arising from monitoring and 
        evaluation).
            (2) Eligible entities; other grant recipients .--Grant 
        recipients may use amounts made available for each fiscal year 
        under this section to pay for administrative expenses in 
        accordance with section 545(b)(3)(A) of the Energy Independence 
        and Security Act of 2007 (42 U.S.C. 17155(b)(3)(A)).
    (f) Relationship to Other Law.--An eligible participant that 
receives a rebate under this section shall not be eligible for a rebate 
under section 206(c) of the Energy Policy Act of 2005 (42 U.S.C. 
15853).
    (g) Coordination; Consultation.--To the maximum extent practicable, 
the Secretary shall consult with the Secretary of the Treasury and the 
Chief Executive of each grant recipient that receives funds under this 
section to ensure that each program carried out by each grant recipient 
through the use of the funds is coordinated with each other applicable 
incentive or financing program of the Federal Government or any other 
applicable program.
    (h) Maximum Incentive.--
            (1) In general.--With respect to each rebate, grant, and 
        tax credit provided to an eligible participant under this 
        section, the aggregate value of the grants, rebates, and tax 
        credits may not exceed 50 percent of the cost to the purchaser 
        of the purchase and installation of the solar energy system.
            (2) Effect.--Nothing in this subsection affects any solar 
        loan or financing program under this section or any other law 
        (including regulations).
    (i) Goal.--It is the goal of the United States, through this Act 
and any appropriate incentive or research and development program, to 
install distributed solar energy systems on not less than 10,000,000 
properties located in the United States by December 31, 2021.
    (j) Report Regarding Additional Recommendations.--Not later than 
270 days after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Energy and Commerce of the House of 
Representatives a report that contains additional recommendations that 
the Secretary determines to be necessary to achieve the goal described 
in subsection (i), including any modification to the program 
established under subsection (a).
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section--
            (1) for fiscal year 2012, $250,000,000; and
            (2) for each of fiscal years 2013 through 2021, such sums 
        as are necessary.
            Amend the title so as to read: ``A bill to require the 
        Secretary of Energy to provide competitive grants to States, 
        Indian tribes, and local governments for rebates, loans, and 
        other incentives to eligible individuals or entities for the 
        purchase and installation of solar energy systems for 
        properties located in the United States, and for other 
        purposes.''.
                                                       Calendar No. 618

111th CONGRESS

  2d Session

                                S. 3460

                          [Report No. 111-332]

_______________________________________________________________________

                                 A BILL

   To require the Secretary of Energy to provide funds to States for 
    rebates, loans, and other incentives to eligible individuals or 
entities for the purchase and installation of solar energy systems for 
    properties located in the United States, and for other purposes.

_______________________________________________________________________

                           September 27, 2010

        Reported with an amendment and an amendment to the title