Affordable Solar Energy for Our Communities Act

To direct the Secretary of Energy to establish a program to provide assistance for low-income solar projects, and for other purposes. 1. Short title This Act may be cited as the Affordable Solar Energy for Our Communities Act 2. Grant program for solar installations located in, or that serve, low-income and underserved areas (a) Definitions In this section: (1) Beneficiary The term beneficiary (2) Community solar facility The term community solar facility (A) through a voluntary program, has multiple subscribers that receive financial benefits that are directly attributable to the facility; (B) has a nameplate rating of 5 megawatts AC or less; and (C) is located in the utility distribution service territory of subscribers. (3) Community solar subscription The term community solar subscription (4) Covered facility The term covered facility (A) a community solar facility— (i) that is located in an underserved area; or (ii) at least 50 percent of the capacity of which is reserved for low-income households; (B) a solar generating facility located at a residence of a low-income household; or (C) a solar generating facility located at a multi-family affordable housing complex. (5) Covered State The term covered State (6) Eligible entity The term eligible entity (A) a nonprofit organization that provides services to low-income households or multi-family affordable housing complexes; (B) a developer, owner, or operator of a community solar facility that reserves a portion of the capacity of the facility for subscribers who are members of low-income households or for low-income households that otherwise financially benefit from the facility; (C) a covered State, or political subdivision thereof; (D) an Indian Tribe or a tribally owned electric utility; (E) a Native Hawaiian community-based organization; (F) any other national or regional entity that has experience developing or installing solar generating facilities for low-income households that maximize financial benefits to those households; and (G) an electric cooperative or municipal electric utility (as such terms are defined in section 3 of the Federal Power Act). (7) Eligible installation project The term eligible installation project (8) Eligible planning project The term eligible planning project (9) Eligible project The term eligible project (A) an eligible planning project; or (B) an eligible installation project. (10) Feasibility study The term feasibility study (11) Indian Tribe The term Indian Tribe 43 U.S.C. 1601 et seq. (12) Interconnection service The term interconnection service 16 U.S.C. 2621(d)(15) (13) Low-income household The term low-income household (A) is at or below 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, except that the Secretary may establish a higher level if the Secretary determines that such a higher level is necessary to carry out the purposes of this section; (B) is the basis on which cash assistance payments have been paid during the preceding 12-month period under titles IV and XVI of the Social Security Act ( 42 U.S.C. 601 et seq. (C) if a State elects, is the basis for eligibility for assistance under the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. (14) Multi-family affordable housing complex The term multi-family affordable housing complex (15) Native Hawaiian community-based organization The term Native Hawaiian community-based organization (16) Program The term program (17) Secretary The term Secretary (18) Solar generating facility The term solar generating facility (A) a generator that creates electricity from light photons; and (B) the accompanying hardware enabling that electricity to flow— (i) onto the electric grid; (ii) into a facility or structure; or (iii) into an energy storage device. (19) State The term State (20) Subscriber The term subscriber (A) owns a community solar subscription, or an equivalent unit or share of the capacity or generation of a community solar facility; or (B) financially benefits from a community solar facility, even if the person does not own a community solar subscription for the facility. (21) Underserved area The term underserved area (A) a geographical area with low or no photovoltaic solar deployment, as determined by the Secretary; (B) a geographical area that has low or no access to electricity, as determined by the Secretary; (C) a geographical area with an average annual residential retail electricity price that exceeds the national average annual residential retail electricity price (as reported by the Energy Information Agency) by 50 percent or more; or (D) trust land, as defined in section 3765 of title 38, United States Code. (b) Establishment The Secretary shall establish a program to provide financial assistance to eligible entities— (1) carry out planning projects that are necessary to establish the feasibility, obtain required permits, identify beneficiaries, or secure subscribers to install a covered facility; or (2) install a covered facility for beneficiaries in accordance with this section. (c) Applications (1) In general To be eligible to receive assistance under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Inclusion for installation assistance (A) Requirements For an eligible entity to receive assistance for a project to install a covered facility, the Secretary shall require the eligible entity to include— (i) information in the application that is sufficient to demonstrate that the eligible entity has obtained, or has the capacity to obtain, necessary permits, subscribers, access to an installation site, and any other items or agreements necessary to comply with an agreement under subsection (g)(1) and to complete the installation of the applicable covered facility; (ii) a description of the mechanism through which financial benefits will be distributed to beneficiaries or subscribers; and (iii) an estimate of the anticipated financial benefit for beneficiaries or subscribers. (B) Consideration of planning projects The Secretary shall consider the successful completion of an eligible planning project pursuant to subsection (b)(1) by the eligible entity to be sufficient to demonstrate the ability of the eligible entity to meet the requirements of subparagraph (A)(i). (d) Selection (1) In general In selecting eligible projects to receive assistance under the program, the Secretary shall— (A) prioritize— (i) eligible installation projects that will result in the most financial benefit for subscribers, as determined by the Secretary; (ii) eligible installation projects that will result in development of covered facilities in underserved areas; and (iii) eligible projects that include apprenticeship, job training, or community participation as part of their application; and (B) ensure that such assistance is provided in a manner that results in eligible projects being carried out on a geographically diverse basis within and among covered States. (2) Determination of financial benefit In determining the amount of financial benefit for low-income households of an eligible installation project, the Secretary shall ensure that all calculations for estimated household energy savings are based solely on electricity offsets from the applicable covered facility and use formulas established by the State or local government with jurisdiction over the applicable covered facility for verifiable household energy savings estimates that accrue to low-income households. (e) Assistance (1) Form The Secretary may provide assistance under the program in the form of a grant (which may be in the form of a rebate) or a low-interest loan. (2) Multiple projects for same facility (A) In general An eligible entity may apply for assistance under the program for an eligible planning project and an eligible installation project for the same covered facility. (B) Separate selections Selection by the Secretary for assistance under the program of an eligible planning project does not require the Secretary to select for assistance under the program an eligible installation project for the same covered facility. (f) Use of assistance (1) Eligible planning projects An eligible entity receiving assistance for an eligible planning project under the program may use such assistance to pay the costs of pre-installation activities associated with an applicable covered facility, including— (A) feasibility studies; (B) permitting; (C) site assessment; (D) on-site job training, or other community-based activities directly associated with the eligible planning project; or (E) such other costs determined by the Secretary to be appropriate. (2) Eligible installation projects An eligible entity receiving assistance for an eligible installation project under the program may use such assistance to pay the costs of— (A) installation of a covered facility, including costs associated with materials, permitting, labor, or site preparation; (B) storage technology sited at a covered facility; (C) interconnection service expenses; (D) on-site job training, or other community-based activities directly associated with the eligible installation project; (E) offsetting the cost of a subscription for a covered facility described in subparagraph (A) of subsection (a)(4) for subscribers that are members of a low-income household; or (F) such other costs determined by the Secretary to be appropriate. (g) Administration (1) Agreements (A) In general As a condition of receiving assistance under the program, an eligible entity shall enter into an agreement with the Secretary. (B) Requirements An agreement entered into under this paragraph— (i) shall require the eligible entity to maintain such records and adopt such administrative practices as the Secretary may require to ensure compliance with the requirements of this section and the agreement; (ii) with respect to an eligible installation project shall require that any solar generating facility installed using assistance provided pursuant to the agreement comply with local building and safety codes and standards; and (iii) shall contain such other terms as the Secretary may require to ensure compliance with the requirements of this section. (C) Term An agreement under this paragraph shall be for a term that begins on the date on which the agreement is entered into and ends on the date that is 2 years after the date on which the eligible entity receives assistance pursuant to the agreement, which term may be extended once for a period of not more than 1 year if the eligible entity demonstrates to the satisfaction of the Secretary that such an extension is necessary to complete the activities required by the agreement. (2) Use of funds Of the funds made available to provide assistance to eligible installation projects under this section over the period of fiscal years 2022 through 2026, the Secretary shall use— (A) not less than 50 percent to provide assistance for eligible installation projects with respect to which low-income households make up at least 50 percent of the subscribers to the project; and (B) not more than 50 percent to provide assistance for eligible installation projects with respect to which low-income households make up at least 25 percent of the subscribers to the project. (3) Regulations Not later than 120 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register regulations to carry out this section, which shall take effect on the date of publication. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (2) Amounts for planning projects Of the amounts appropriated pursuant to this section over the period of fiscal years 2022 through 2026, the Secretary shall use not more than 15 percent of funds to provide assistance to eligible planning projects. (i) Relationship to other assistance The Secretary shall, to the extent practicable, encourage eligible entities that receive assistance under this section to leverage such funds by seeking additional funding through federally or locally subsidized weatherization and energy efficiency programs.

Summary: Affordable Solar Energy for Our Communities Act This bill directs the Department of Energy to establish a program to provide financial assistance, such as grants or low-interest loans, to certain entities for the planning or installation of solar facilities that benefit certain low-income households.