Community Solar Consumer Choice Act of 2023

Subjects: Energy


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2751 Introduced in House (IH)]

&lt;DOC&gt;






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.''.
                                 &lt;all&gt;
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