II 

116TH CONGRESS 

1ST SESSION S. 2462 

To help reduce household energy burdens by expanding access to solar energy 

for low-income households. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 11, 2019 

Ms. DUCKWORTH (for herself and Mr. BOOKER) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To help reduce household energy burdens by expanding 

access to solar energy for low-income households. 

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 ‘‘Low-Income Solar En5 ergy Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act, the term ‘‘low-income’’, used with respect 

8 to a household, means a household that is eligible for a 

9 payment under the Low-Income Home Energy Assistance 


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1 Act of 1981 (42 U.S.C. 8621 et seq.), in accordance 

2 with— 

3 (1) section 2605(b)(2) of such Act (42 U.S.C. 

4 8624(b)); and 

5 (2) State eligibility guidelines (consistent with 

6 such Act) for that payment. 

7 SEC. 3. LOW-INCOME HOME ENERGY ASSISTANCE. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 2602 of the Low-Income Home Energy Assistance Act of 

10 1981 (42 U.S.C. 8621) is amended— 

11 (1) in the first sentence of subsection (b), by 

12 striking ‘‘2607A),’’ and all that follows and inserting 

13 ‘‘2607A), $6,075,000,000 for fiscal year 2020 and 

14 each subsequent fiscal year.’’; and 

15 (2) in subsection (e), by striking ‘‘(e) of’’ and 

16 inserting ‘‘(f) of’’. 

17 (b) RESERVATION OF FUNDS.—Section 2604 of the 

18 Low-Income Home Energy Assistance Act of 1981 (42 

19 U.S.C. 8623) is amended— 

20 (1) by redesignating subsection (e) as sub21 section (f); and 

22 (2) by inserting after subsection (d) the fol23 lowing: 

24 ‘‘(e)(1) Of the funds available to a State under sub25 section (a), a territory under subsection (b), or a tribal 


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1 organization or other entity under subsection (d), up to 

2 25 percent may be reserved by the State, territory, or or3 ganization or entity, for solar projects for covered housing. 

4 ‘‘(2) The Secretary shall expand the program funded 

5 under section 2602(b) to include such solar projects, and 

6 for purposes of this title shall consider— 

7 ‘‘(A) the funds used for such projects to be as8 sistance for home energy costs; and 

9 ‘‘(B) the projects to be activities that provide 

10 assistance for home energy costs, rather than to res11 idential weatherization or other energy-related home 

12 repair. 

13 ‘‘(3) In determining whether to award, under that 

14 program, funding that includes a portion for a solar 

15 project to a State, territory, or tribal organization or enti16 ty, the Secretary shall use the application and request 

17 processes specified in this title, with such adjustments as 

18 the Secretary may specify in regulations. 

19 ‘‘(4) The Secretary shall issue regulations and guid20 ance for States, territories, and tribal organizations and 

21 entities, that receive funds under subsection (a), (b), or 

22 (d) (referred to individually in this subsection as a ‘cov23 ered recipient’), to— 


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1 ‘‘(A) define the solar projects that may be fund2 ed through the reserved funds described in para3 graph (1); 

4 ‘‘(B) specify the circumstances and process 

5 under which a covered recipient, with an arrange6 ment with a particular type of local agency or orga7 nization to distribute assistance for home energy 

8 costs, may instead enter into an arrangement with 

9 a different local agency or organization with exper10 tise in solar projects, for such projects; and 

11 ‘‘(C) specify how a covered recipient may dis12 tribute such funds in a manner that usefully fi13 nances the work of solar project developers and solar 

14 panel installers for such projects. 

15 ‘‘(5) Not later than 6 months after the date of enact16 ment of the Low-Income Solar Energy Act, the Secretary 

17 shall— 

18 ‘‘(A) evaluate whether community solar projects 

19 could be administered through the program carried 

20 out under this title; and 

21 ‘‘(B) prepare and submit to Congress a report 

22 containing the evaluation. 

23 ‘‘(6) In this section, the term ‘covered housing’ means 

24 federally assisted housing as defined in section 683 of the 

25 Housing and Community Development Act of 1992 (42 


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1 U.S.C. 13641), and housing occupied by a low-income 

2 household, as defined in section 2 of the Low-Income Solar 

3 Energy Act.’’. 

4 (c) USE OF FUNDS.—Section 2605(b)(1)(A) of the 

5 Low-Income Home Energy Assistance Act of 1981 (42 

6 U.S.C. 8624(b)(1)(A)) is amended by inserting ‘‘, includ7 ing the costs of solar projects for covered housing as de8 fined in section 2604(e)’’ after ‘‘home energy costs’’. 

9 (d) CONFORMING AMENDMENT.—Section 2609 of the 

10 Low-Income Home Energy Assistance Act of 1981 (42 

11 U.S.C. 8628) is amended by inserting ‘‘, or carrying out 

12 solar projects for covered housing or community solar 

13 projects under section 2604(e)’’ after ‘‘home repairs’’. 

14 SEC. 4. SOLAR FINANCING AND WORKFORCE TRAINING. 

15 (a) DEFINITIONS.—In this section: 

16 (1) COMMUNITY SOLAR PROJECT.—The term 

17 ‘‘community solar project’’ means a project for the 

18 renewable generation of energy through solar power 

19 that has multiple subscribers that receive benefits on 

20 utility bills that are directly attributable to the 

21 project. 

22 (2) COMMUNITY SOLAR SUBSCRIPTION.—The 

23 term ‘‘community solar subscription’’ means owner24 ship of a financial share in a community solar 

25 project that serves multiple consumers. 


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1 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means a developer or installer of solar equip3 ment. 

4 (4) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 

5 household’’ means a household that includes an eligi6 ble individual as defined in section 32(c)(1) of the 

7 Internal Revenue Code of 1986 for purposes of the 

8 credit under section 32 of that Code. 

9 (5) INTERCONNECTION.—The term ‘‘inter10 connection’’ has the meaning given the term in sec11 tion 111(d)(15) of the Public Utility Regulatory 

12 Policies Act of 1978 (16 U.S.C. 2621(d)(15)). 

13 (6) PROGRAM.—The term ‘‘program’’ means 

14 the solar financing program established under sub15 section (b)(1). 

16 (7) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Energy. 

18 (b) SOLAR FINANCING PROGRAM.— 

19 (1) IN GENERAL.—The Secretary shall establish 

20 a solar financing program under which the Secretary 

21 shall offer a variety of financing mechanisms, includ22 ing grants, loans, loan guarantees, and interest buy23 downs, to support the deployment of solar projects 

24 for eligible households, in accordance with this sub25 section. 


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1 (2) GRANTS.— 

2 (A) IN GENERAL.—Under the program, 

3 the Secretary shall award grants to eligible en4 tities for deploying residential solar projects or 

5 community solar projects— 

6 (i) that benefit eligible households; 

7 and 

8 (ii) in which the tariff, net metering, 

9 bill credit, or other valuation of solar en10 ergy generation, or the sale of that solar 

11 generation by a third party, enables a sav12 ings-to-investment ratio of at least 1:1 for 

13 an eligible entity over a period of not more 

14 than 10 years. 

15 (B) USE OF FUNDS.—An eligible entity 

16 that receives a grant under the program shall 

17 use the grant only to pay for— 

18 (i) the cost and installation of solar 

19 equipment in buildings in which the dwell20 ing units of eligible households are located, 

21 including the cost of materials, labor, and 

22 permitting; 

23 (ii) repairs or upgrades to the build24 ings described in clause (i) that may be 


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1 needed to ensure that solar equipment is 

2 installed in a safe manner; and 

3 (iii) the cost of a community solar 

4 subscription. 

5 (3) SOLAR HOUSING LOANS.— 

6 (A) IN GENERAL.—Under the program, 

7 the Secretary shall provide loans at zero percent 

8 interest— 

9 (i) to owners of buildings— 

10 (I) that receive assistance under 

11 section 8(o) of the United States 

12 Housing Act of 1937 (42 U.S.C. 

13 1437f(o)); or 

14 (II) with respect to which a cred15 it is allowable under section 42 of the 

16 Internal Revenue Code of 1986 for 

17 the taxable year in which the loan is 

18 provided; and 

19 (ii) for the purpose of— 

20 (I) installing solar equipment 

21 that benefits the dwelling unit of a 

22 tenant; 

23 (II) if necessary for the installa24 tion of solar equipment under sub25 clause (I), making any upgrade to the 


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1 building in which the dwelling unit is 

2 located; and 

3 (III) covering the cost of a com4 munity solar subscription. 

5 (B) SAVINGS.— 

6 (i) IN GENERAL.—An owner of a 

7 building receiving a loan under this sub8 section shall— 

9 (I) reduce the rent that each ten10 ant described in clause (ii) is required 

11 to pay by an amount that is propor12 tional to the savings obtained through 

13 any solar upgrades described in sub14 paragraph (A); and 

15 (II) enter into an affordability 

16 agreement with the Secretary to en17 sure that the rent of the tenant re18 mains affordable for the duration of 

19 the tenancy. 

20 (ii) TENANT DESCRIBED.—A tenant 

21 referred to in clause (i) is a low-income 

22 tenant occupying a dwelling unit in the 

23 building, which dwelling unit is affected by 

24 a solar upgrade described in subparagraph 

25 (A). 


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1 (C) GUIDANCE; REGULATION.—The Sec2 retary shall— 

3 (i) publish guidance on what con4 stitutes a benefit to the dwelling unit of a 

5 tenant under subparagraph (A)(ii)(I); and 

6 (ii) promulgate a regulation on the 

7 manner in which a community solar sub8 scription under subparagraph (A)(ii)(III) 

9 shall be managed. 

10 (c) COMMUNITY SOLAR PROJECTS.—The Secretary 

11 shall establish a program under which the Secretary shall 

12 make grants for community solar projects— 

13 (1) to be used for costs associated with inter14 connection of the community solar project, including 

15 application fees, interconnection fees, engineering re16 views, and other associated costs incurred during the 

17 interconnection process; 

18 (2) to be used for costs associated with up19 grades to a distribution system, if the distribution 

20 system requires service or new equipment to accom21 modate the installation of the community solar 

22 project; and 

23 (3) led by nonprofit organizations to support 

24 the implementation of the projects for low-income 

25 households. 


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1 (d) MINORITY AND WOMAN-OWNED BUSINESSES.— 

2 The Secretary shall, to the maximum extent practicable, 

3 contract with minority or women-owned businesses for the 

4 deployment of solar projects that are financed under this 

5 section. 

6 (e) SOLAR WORKFORCE PROGRAM.— 

7 (1) DEFINITIONS.—In this subsection: 

8 (A) ELIGIBLE PARTICIPANT.—The term 

9 ‘‘eligible participant’’ means an individual who 

10 is a member of an underrepresented group, in11 cluding— 

12 (i) an individual who is a religious, ra13 cial, or ethnic minority; 

14 (ii) a woman; 

15 (iii) a veteran; 

16 (iv) an individual with a disability; 

17 (v) an unemployed energy worker; 

18 (vi) an energy worker employed by a 

19 fossil fuel industry who is being 

20 transitioned away from that industry be21 cause of a State renewable program or 

22 Federal program, as determined by the 

23 Secretary; 

24 (vii) a socioeconomically disadvan25 taged individual; and 


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1 (viii) a formerly incarcerated indi2 vidual. 

3 (B) LOCAL WORKFORCE DEVELOPMENT

4 BOARD; STATE WORKFORCE DEVELOPMENT

5 BOARD.—The terms ‘‘local workforce develop6 ment board’’ and ‘‘State workforce development 

7 board’’ have the meanings given the terms 

8 ‘‘local board’’ and ‘‘State board’’, respectively, 

9 in section 3 of the Workforce Innovation and 

10 Opportunity Act (29 U.S.C. 3102). 

11 (C) PROGRAM PARTNER.—The term ‘‘pro12 gram partner’’ means— 

13 (i) a business; 

14 (ii) an employer or industry associa15 tion; 

16 (iii) a labor management organization; 

17 (iv) a local workforce development 

18 board or State workforce development 

19 board; 

20 (v) a 2- or 4-year institution of higher 

21 education that offers an educational pro22 gram leading to an associate’s or bach23 elor’s degree in conjunction with a certifi24 cate of completion of an apprenticeship or 

25 other training program; 


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1 (vi) the Armed Forces (including the 

2 National Guard and the Army Reserve); 

3 (vii) a nonprofit organization; 

4 (viii) a community-based organization; 

5 and 

6 (ix) an economic development agency. 

7 (2) ESTABLISHMENT.—The Secretary shall es8 tablish a solar workforce program to assist eligible 

9 participants in pursuing careers in the solar energy 

10 industry, including as— 

11 (A) solar photovoltaic system installers; 

12 (B) solar technicians; 

13 (C) electrical system inspectors; and 

14 (D) other professionals in the solar indus15 try, as determined by the Secretary. 

16 (3) COURSES.—In carrying out the program es17 tablished under paragraph (2), the Secretary shall 

18 create courses or seek to administer existing courses 

19 that provide— 

20 (A) job training, including through intern21 ships and work-based training in accordance 

22 with paragraph (4); 

23 (B) employment skills training; and 

24 (C) comprehensive support services that— 


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1 (i) enhance the training experience 

2 and promote the professional development 

3 of participants; and 

4 (ii) help participants transition into 

5 the workforce. 

6 (4) COURSE PARTNERS.—To the maximum ex7 tent practicable, the Secretary shall partner with 

8 program partners to provide internships and work9 based training as part of the job training offered 

10 under paragraph (3)(A). 

11 (5) EXAM REQUIREMENT.—As a requirement 

12 for completing a course under paragraph (3), the 

13 Secretary shall require each participant in the 

14 course to earn an applicable industry-recognized 

15 entry-level certificate or other credential, as deter16 mined by the Secretary. 

17 (f) GUARANTEE OF LOANS FOR ACQUISITION OF

18 PROPERTY.—Section 108 of the Housing and Community 

19 Development Act of 1974 (42 U.S.C. 5308) is amended 

20 by striking ‘‘or (6)’’ and inserting ‘‘(6) the installation of 

21 solar energy equipment; or (7)’’. 

22 (g) POWER PURCHASE AGREEMENTS FOR PUBLIC

23 HOUSING AGENCIES.—Section 6 of the United States 

24 Housing Act of 1937 (42 U.S.C. 1437d) is amended by 

25 adding at the end the following: 


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1 ‘‘(u) POWER PURCHASE AGREEMENTS.— 

2 ‘‘(1) IN GENERAL.—Each contract for contribu3 tions for a public housing agency shall provide that 

4 the agency may enter into third-party power pur5 chase agreements with third-party providers for a 

6 period of not more than 20 years, in addition to a 

7 2-year option period, for the installation of solar en8 ergy equipment in public housing projects. 

9 ‘‘(2) UTILITIES.—With respect to tenant-paid 

10 utilities, any solar rate savings from a power pur11 chase agreement that may result in rebates to a 

12 family shall not be used in the calculation of lower 

13 utility allowances for the family that results in an 

14 increase in the rent paid by the family.’’. 

15 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary to carry 

17 out this section and the amendments made by this section 

18 $240,000,000 for each of fiscal years 2020 through 2024. 

19 SEC. 5. RULEMAKING RELATING TO UTILITY ALLOWANCES. 

20 (a) DEFINITIONS.—In this section, the term ‘‘covered 

21 housing’’ means— 

22 (1) public housing, as defined in section 3(b) of 

23 the United States Housing Act of 1937 (42 U.S.C. 

24 1437a(b)); and 


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1 (2) tenant-based assistance provided under sec2 tion 8(o) of such Act (42 U.S.C. 1437f(o)). 

3 (b) RULEMAKING.—The Department of Housing and 

4 Urban Development shall promulgate regulations to pro5 vide that, with respect to covered housing, any solar rate 

6 savings for a dwelling unit that is associated with this Act 

7 or an amendment made by this Act shall not be used in 

8 the calculation of lower utility allowances for a family that 

9 results in an increase in the rent paid by the family. 

Æ 


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