[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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