[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2751 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2751
To require the Secretary of Energy to establish a program to increase
participation in community solar programs and the receipt of associated
benefits, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Castor of Florida (for herself, Ms. Velazquez, Ms. Bonamici, Mr.
Casten, Mr. Huffman, Ms. Barragan, Ms. Norton, Ms. Clarke of New York,
Mr. Krishnamoorthi, and Ms. Brownley) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Oversight and Accountability, 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 programs 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 2023''.
SEC. 2. COMMUNITY SOLAR CONSUMER CHOICE PROGRAM; FEDERAL GOVERNMENT
PARTICIPATION IN COMMUNITY SOLAR.
(a) 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 increase access to community solar programs for--
(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 established under paragraph
(1) with existing Federal programs that serve low-income
communities.
(3) Assistance to state and local governments.--In carrying
out the program established under paragraph (1), the Secretary
shall--
(A) provide technical assistance to States and
local and Tribal governments for projects to increase
access to community solar programs;
(B) assist States and local and Tribal governments
in the development of new and innovative financial and
business models that leverage competition in the energy
marketplace in order to serve subscribers; and
(C) use National Laboratories to collect and
disseminate data to assist private entities in the
financing of, subscription to, and operation of
community solar facilities and community solar
programs.
(b) Federal Government Participation in Community Solar Programs.--
The Secretary shall, to the extent practicable, expand the existing
grant, loan, and financing programs of the Department of Energy to
include community solar programs.
(c) Definitions.--In this section:
(1) Community solar facility; community solar program;
subscriber.--The terms ``community solar facility'',
``community solar program'', and ``subscriber'' have the
meanings given such terms in section 111(d)(22) of the Public
Utility Regulatory Policies Act of 1978 (as added by section 3
of this Act).
(2) National laboratory.--The term ``National Laboratory''
has the meaning given such term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
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:
``(22) Community solar programs.--
``(A) In general.--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.
``(B) Definitions.--For the purposes of this
paragraph:
``(i) The term `community solar facility'
means a solar photovoltaic system that--
``(I) allocates electricity to
multiple electric consumers of an
electric utility;
``(II) is connected to local
distribution infrastructure of the
electric utility;
``(III) is located either on or off
the property of one or more
subscribers; and
``(IV) may be owned by an electric
utility, one more subscribers, or a
third party.
``(ii) 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.
``(iii) The term `subscriber' means an
electric consumer who participates in a
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:
``(9)(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 (22) 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 (22) 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 ``subsection (b)(2)'' and
inserting ``subsection (b)''; and
(ii) by adding at the end the following:
``In the case of the standard established by
paragraph (22) 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 (22).''.
(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:
``(i) Prior State Actions.--Subsections (b) and (c) shall not apply
to the standard established by paragraph (22) 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
(22) 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 (22).''.
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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