[Congressional Record Volume 162, Number 17 (Thursday, January 28, 2016)]
[Senate]
[Page S386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3122. Mr. HEINRICH (for himself and Mr. Booker) submitted an
amendment intended to be proposed to amendment SA 2953 proposed by Ms.
Murkowski to the bill S. 2012, to provide for the modernization of the
energy policy of the United States, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title III, add the following:
PART V--COMMUNITY SOLAR
SEC. 3021. PROVISION OF INTERCONNECTION SERVICE AND NET
BILLING SERVICE FOR COMMUNITY SOLAR FACILITIES.
(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 facilities.--
``(A) Definitions.--In this paragraph:
``(i) Community solar facility.--The term `community solar
facility' means a solar photovoltaic system that--
``(I) allocates electricity to multiple individual electric
consumers of an electric utility;
``(II) has a nameplate rating of 2 megawatts or less; and
``(III) is--
``(aa) owned by the electric utility, jointly owned, or
third-party-owned;
``(bb) connected to a local distribution facility of the
electric utility; and
``(cc) located on or off the property of a consumer of the
electricity.
``(ii) Interconnection service.--The term `interconnection
service' means a service provided by an electric utility to
an electric consumer, in accordance with the standards
described in paragraph (15), through which a community solar
facility is connected to an applicable local distribution
facility.
``(iii) Net billing service.--The term `net billing
service' means a service provided by an electric utility to
an electric consumer through which electric energy generated
for that electric consumer from a community solar facility
may be used to offset electric energy provided by the
electric utility to the electric consumer during the
applicable billing period.
``(B) Requirement.--On receipt of a request of an electric
consumer served by the electric utility, each electric
utility shall make available to the electric consumer
interconnection service and net billing service for a
community solar facility.''.
(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 by
striking 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 Policy 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).''.
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