[Congressional Record Volume 166, Number 42 (Tuesday, March 3, 2020)]
[Senate]
[Page S1326]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1373. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill S. 2657, to support innovation in advanced geothermal
research and development, and for other purposes; which was ordered to
lie on the table; as follows:
At the end of subtitle B of title I, add the following:
SEC. 12__. COMMUNITY SOLAR.
(a) Community Solar Consumer Choice Program; Federal
Government Participation in Community Solar.--
(1) Definitions.--In this subsection:
(A) Community solar.--The term ``community solar'' means a
solar power plant, the benefits of the electricity produced
by which are shared by 2 or more electricity customers.
(B) 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.
(2) Establishment of community solar consumer choice
program.--
(A) 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--
(i) individuals, particularly individuals that do not have
regular access to onsite solar, including low- and moderate-
income individuals;
(ii) businesses;
(iii) nonprofit organizations; and
(iv) States and local and Tribal governments.
(B) Alignment with existing Federal programs.--The
Secretary shall align the program under subparagraph (A) with
existing Federal programs that serve low-income communities.
(C) Assistance to State and local governments.--In carrying
out the program under subparagraph (A), the Secretary shall--
(i) provide technical assistance to States and local and
Tribal governments for projects to increase community solar;
(ii) 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
(iii) use National Laboratories to collect and disseminate
data to assist private entities in the financing of,
subscription to, and operation of community solar projects.
(3) Federal government participation in community solar.--
The Secretary shall expand the existing grant, loan, and
financing programs of the Department to include community
solar projects.
(b) Establishment of Community Solar Programs.--
(1) 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 photovoltaic system that--
``(I) allocates electricity to multiple electric consumers
of an electric utility; and
``(II) is--
``(aa) connected to a local distribution facility of the
electric utility;
``(bb) located on or off the property of an electric
consumer; and
``(cc) 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 value of electric energy generated by a community
solar facility may be used to offset charges billed to the
electric consumer by the electric utility.
``(B) Standard.--Each electric utility shall offer a
community solar program.''.
(2) Compliance.--
(A) 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).''.
(B) Failure to comply.--
(i) 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).''.
(ii) Technical correction.--
(I) In general.--Section 1254(b) of the Energy Policy Act
of 2005 (Public Law 109-58; 119 Stat. 971) is amended--
(aa) by striking paragraph (2); and
(bb) 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.
(C) Prior state actions.--
(i) 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.''.
(ii) 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).''.
(c) 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 20 years.''.
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