II 

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. LUJA ́N 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Establishment of Com5 munity Solar Programs Act of 2021’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 2637 IS

1 SEC. 2. ESTABLISHMENT OF COMMUNITY SOLAR PRO2 GRAMS. 

3 (a) IN GENERAL.—Section 111(d) of the Public Util4 ity Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 

5 is amended by adding at the end the following: 

6 ‘‘(20) COMMUNITY SOLAR PROGRAMS.— 

7 ‘‘(A) DEFINITIONS.—In this paragraph: 

8 ‘‘(i) COMMUNITY SOLAR FACILITY.— 

9 The term ‘community solar facility’ means 

10 a solar power generating photovoltaic sys11 tem (including any related onsite equip12 ment, such as 1 or more energy storage 

13 devices) that— 

14 ‘‘(I) has multiple subscribers who 

15 receive financial benefits directly at16 tributable to the system; 

17 ‘‘(II) is connected to a local dis18 tribution circuit of the electric utility; 

19 ‘‘(III) is located either on or off 

20 the property of the applicable electric 

21 consumers; and 

22 ‘‘(IV) may be owned by an elec23 tric utility, an electric consumer, or a 

24 third party. 

25 ‘‘(ii) COMMUNITY SOLAR PROGRAM.— 

26 The term ‘community solar program’ 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 2637 IS

1 means a service provided by an electric 

2 utility to an electric consumer served by 

3 the electric utility through which the full 

4 value of electricity generated by a commu5 nity solar facility may be used to offset 

6 charges billed to the electric consumer by 

7 the electric utility. 

8 ‘‘(B) STANDARD.— 

9 ‘‘(i) NON-TRIBAL UTILITIES.—Each 

10 electric utility that is not a Tribal utility 

11 shall offer a community solar program to 

12 which all ratepayers of the electric utility, 

13 including low-income ratepayers, have equi14 table and demonstrable access. 

15 ‘‘(ii) TRIBAL UTILITIES.— 

16 ‘‘(I) IN GENERAL.—A Tribal util17 ity may offer a community solar pro18 gram. 

19 ‘‘(II) RESOURCES.—A Tribal 

20 utility that offers a community solar 

21 program may leverage the resources 

22 made available to the Tribal utility 

23 under this Act to carry out that com24 munity solar program.’’. 

25 (b) COMPLIANCE.— 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 2637 IS

1 (1) TIME LIMITATIONS.—Section 112(b) of the 

2 Public Utility Regulatory Policies Act of 1978 (16 

3 U.S.C. 2622(b)) is amended by adding at the end 

4 the following: 

5 ‘‘(7)(A) Not later than 1 year after the date of 

6 enactment of this paragraph, each State regulatory 

7 authority (with respect to each electric utility for 

8 which the State has ratemaking authority) and each 

9 nonregulated electric utility shall commence consid10 eration under section 111, or set a hearing date for 

11 consideration, with respect to the standard estab12 lished by paragraph (20) of section 111(d). 

13 ‘‘(B) Not later than 2 years after the date of 

14 enactment of this paragraph, each State regulatory 

15 authority (with respect to each electric utility for 

16 which the State has ratemaking authority), and each 

17 nonregulated electric utility shall complete the con18 sideration and make the determination under section 

19 111 with respect to the standard established by 

20 paragraph (20) of section 111(d).’’. 

21 (2) FAILURE TO COMPLY.— 

22 (A) IN GENERAL.—Section 112(c) of the 

23 Public Utility Regulatory Policies Act of 1978 

24 (16 U.S.C. 2622(c)) is amended— 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 2637 IS

1 (i) by striking ‘‘such paragraph (14)’’ 

2 and all that follows through ‘‘paragraphs 

3 (16)’’ and inserting ‘‘such paragraph (14). 

4 In the case of the standard established by 

5 paragraph (15) of section 111(d), the ref6 erence contained in this subsection to the 

7 date of enactment of this Act shall be 

8 deemed to be a reference to the date of en9 actment of that paragraph (15). In the 

10 case of the standards established by para11 graphs (16)’’; and 

12 (ii) by adding at the end the fol13 lowing: ‘‘In the case of the standard estab14 lished by paragraph (20) of section 111(d), 

15 the reference contained in this subsection 

16 to the date of enactment of this Act shall 

17 be deemed to be a reference to the date of 

18 enactment of that paragraph (20).’’. 

19 (B) TECHNICAL CORRECTION.— 

20 (i) IN GENERAL.—Section 1254(b) of 

21 the Energy Policy Act of 2005 (Public 

22 Law 109–58; 119 Stat. 971) is amended— 

23 (I) by striking paragraph (2); 

24 and 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 2637 IS

1 (II) by redesignating paragraph 

2 (3) as paragraph (2). 

3 (ii) TREATMENT.—The amendment 

4 made by paragraph (2) of section 1254(b) 

5 of the Energy Policy Act of 2005 (Public 

6 Law 109–58; 119 Stat. 971) (as in effect 

7 on the day before the date of enactment of 

8 this Act) is void, and section 112(d) of the 

9 Public Utility Regulatory Policies Act of 

10 1978 (16 U.S.C. 2622(d)) shall be in ef11 fect as if that amendment had not been en12 acted. 

13 (3) PRIOR STATE ACTIONS.— 

14 (A) IN GENERAL.—Section 112 of the 

15 Public Utility Regulatory Policies Act of 1978 

16 (16 U.S.C. 2622) is amended by adding at the 

17 end the following: 

18 ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 

19 (c) shall not apply to the standard established by para20 graph (20) of section 111(d) in the case of any electric 

21 utility in a State if, before the date of enactment of this 

22 subsection— 

23 ‘‘(1) the State has implemented for the electric 

24 utility the standard (or a comparable standard); 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 2637 IS

1 ‘‘(2) the State regulatory authority for the 

2 State or the relevant nonregulated electric utility has 

3 conducted a proceeding to consider implementation 

4 of the standard (or a comparable standard) for the 

5 electric utility; or 

6 ‘‘(3) the State legislature has voted on the im7 plementation of the standard (or a comparable 

8 standard) for the electric utility.’’. 

9 (B) CROSS-REFERENCE.—Section 124 of 

10 the Public Utility Regulatory Policies Act of 

11 1978 (16 U.S.C. 2634) is amended— 

12 (i) by striking ‘‘this subsection’’ each 

13 place it appears and inserting ‘‘this sec14 tion’’; and 

15 (ii) by adding at the end the fol16 lowing: ‘‘In the case of the standard estab17 lished by paragraph (20) of section 111(d), 

18 the reference contained in this section to 

19 the date of enactment of this Act shall be 

20 deemed to be a reference to the date of en21 actment of that paragraph (20).’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS