[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2637 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2637

To amend the Public Utility Regulatory Policies Act of 1978 to require 
 the consideration of a standard requiring electric utilities to offer 
                community solar programs to ratepayers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2021

   Mr. Lujan introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Public Utility Regulatory Policies Act of 1978 to require 
 the consideration of a standard requiring electric utilities to offer 
                community solar programs to ratepayers.

    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 ``Establishment of Community Solar 
Programs Act of 2021''.

SEC. 2. 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.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Community solar facility.--The term 
                        `community solar facility' means a solar power 
                        generating photovoltaic system (including any 
                        related onsite equipment, such as 1 or more 
                        energy storage devices) that--
                                    ``(I) has multiple subscribers who 
                                receive financial benefits directly 
                                attributable to the system;
                                    ``(II) is connected to a local 
                                distribution circuit of the electric 
                                utility;
                                    ``(III) is located either on or off 
                                the property of the applicable electric 
                                consumers; and
                                    ``(IV) may be owned by an electric 
                                utility, an electric consumer, or a 
                                third party.
                            ``(ii) Community solar program.--The term 
                        `community solar program' means a service 
                        provided by an electric utility to an electric 
                        consumer served by the electric utility through 
                        which the full value of electricity generated 
                        by a community solar facility may be used to 
                        offset charges billed to the electric consumer 
                        by the electric utility.
                    ``(B) Standard.--
                            ``(i) Non-tribal utilities.--Each electric 
                        utility that is not a Tribal utility shall 
                        offer a community solar program to which all 
                        ratepayers of the electric utility, including 
                        low-income ratepayers, have equitable and 
                        demonstrable access.
                            ``(ii) Tribal utilities.--
                                    ``(I) In general.--A Tribal utility 
                                may offer a community solar program.
                                    ``(II) Resources.--A Tribal utility 
                                that offers a community solar program 
                                may leverage the resources made 
                                available to the Tribal utility under 
                                this Act to carry out that community 
                                solar program.''.
    (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 electric 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 that amendment 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--
                            (i) by striking ``this subsection'' each 
                        place it appears and inserting ``this 
                        section''; 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 section to the date of 
                        enactment of this Act shall be deemed to be a 
                        reference to the date of enactment of that 
                        paragraph (20).''.
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