[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2764 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2764
To require the Secretary of Energy to establish a program to increase
participation in community solar and the receipt of associated
benefits, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 2021
Ms. Castor of Florida (for herself, Mrs. Trahan, Mr. Tonko, Ms. Eshoo,
Ms. Schakowsky, Ms. Velazquez, Mr. Welch, and Ms. Leger Fernandez)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Oversight and
Reform, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require the Secretary of Energy to establish a program to increase
participation in community solar and the receipt of associated
benefits, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Solar Consumer Choice Act
of 2021''.
SEC. 2. COMMUNITY SOLAR CONSUMER CHOICE PROGRAM; FEDERAL GOVERNMENT
PARTICIPATION IN COMMUNITY SOLAR.
(a) Definitions.--In this section:
(1) Community solar.--The term ``community solar'' means a
solar power plant, the benefits of the electricity produced by
which are shared by two or more electricity customers.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Subscriber.--The term ``subscriber'' means an
electricity customer who receives a benefit associated with the
proportional output of the community solar facility of the
customer.
(b) Establishment of Community Solar Consumer Choice Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a program
to expand community solar options to--
(A) individuals, particularly individuals that do
not have regular access to onsite solar, including low-
and moderate-income individuals;
(B) businesses;
(C) nonprofit organizations; and
(D) States and local and Tribal governments.
(2) Alignment with existing federal programs.--The
Secretary shall align the program under paragraph (1) with
existing Federal programs that serve low-income communities.
(3) Assistance to state and local governments.--In carrying
out the program under paragraph (1), the Secretary shall--
(A) provide technical assistance to States and
local and Tribal governments for projects to increase
community solar;
(B) assist States and local and Tribal governments
in the development of new and innovative financial and
business models that leverage competition in the
marketplace in order to serve community solar
subscribers; and
(C) use National Laboratories (as defined in
section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801)) to collect and disseminate data to assist
private entities in the financing of, subscription to,
and operation of community solar projects.
(c) Federal Government Participation in Community Solar.--The
Secretary will expand the existing grant, loan, and financing programs
to include community solar projects (as defined in paragraph (20) of
section 111(d) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 2621(d)), as added pursuant to section 3 of this Act).
SEC. 3. ESTABLISHMENT OF COMMUNITY SOLAR PROGRAMS.
(a) In General.--Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the
end the following:
``(20) Community solar programs.--Each electric utility
shall offer a community solar program that provides all
ratepayers, including low-income ratepayers, equitable and
demonstrable access to such community solar program. For the
purposes of this paragraph, the term `community solar program'
means a service provided to any electric consumer that the
electric utility serves through which the value of electricity
generated by a community solar facility may be used to offset
charges billed to the electric consumer by the electric
utility. A `community solar facility' is--
``(A) a solar photovoltaic system that allocates
electricity to multiple electric consumers of an
electric utility;
``(B) connected to a local distribution of the
electric utility;
``(C) located either on or off the property of the
electric consumers; and
``(D) may be owned by an electric utility, an
electric consumer, or a third party.''.
(b) Compliance.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
by adding at the end the following:
``(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State has
ratemaking authority) and each nonregulated utility shall
commence consideration under section 111, or set a hearing date
for consideration, with respect to the standard established by
paragraph (20) of section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority), and each nonregulated electric utility shall
complete the consideration and make the determination under
section 111 with respect to the standard established by
paragraph (20) of section 111(d).''.
(2) Failure to comply.--
(A) In general.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(c)) is amended--
(i) by striking ``such paragraph (14)'' and
all that follows through ``paragraphs (16)''
and inserting ``such paragraph (14). In the
case of the standard established by paragraph
(15) of section 111(d), the reference contained
in this subsection to the date of enactment of
this Act shall be deemed to be a reference to
the date of enactment of that paragraph (15).
In the case of the standards established by
paragraphs (16)''; and
(ii) by adding at the end the following:
``In the case of the standard established by
paragraph (20) of section 111(d), the reference
contained in this subsection to the date of
enactment of this Act shall be deemed to be a
reference to the date of enactment of that
paragraph (20).''.
(B) Technical correction.--
(i) In general.--Section 1254(b) of the
Energy Policy Act of 2005 (Public Law 109-58;
119 Stat. 971) is amended--
(I) by striking paragraph (2); and
(II) by redesignating paragraph (3)
as paragraph (2).
(ii) Treatment.--The amendment made by
paragraph (2) of section 1254(b) of the Energy
Policy Act of 2005 (Public Law 109-58; 119
Stat. 971) (as in effect on the day before the
date of enactment of this Act) is void, and
section 112(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2622(d)) shall
be in effect as if those amendments had not
been enacted.
(3) Prior state actions.--
(A) In general.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is
amended by adding at the end the following:
``(g) Prior State Actions.--Subsections (b) and (c) shall not apply
to the standard established by paragraph (20) of section 111(d) in the
case of any electric utility in a State if, before the date of
enactment of this subsection--
``(1) the State has implemented for the electric utility
the standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard (or a
comparable standard) for the electric utility; or
``(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility.''.
(B) Cross-reference.--Section 124 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2634) is amended by adding at the end the following:
``In the case of the standard established by paragraph
(20) of section 111(d), the reference contained in this
subsection to the date of enactment of this Act shall
be deemed to be a reference to the date of enactment of
that paragraph (20).''.
SEC. 4. FEDERAL CONTRACTS FOR PUBLIC UTILITY SERVICES.
Section 501(b)(1) of title 40, United States Code, is amended by
striking subparagraph (B) and inserting the following:
``(B) Public utility contracts.--A contract under
this paragraph for public utility services may be for a
period of not more than 30 years.''.
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