I 
117TH CONGRESS 
1ST SESSION H. R. 2764 
To require the Secretary of Energy to establish a program to increase partici-
pation in community solar and the receipt of associated benefits, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 22, 2021 
Ms. CASTOR of Florida (for herself, Mrs. TRAHAN, Mr. TONKO, Ms. ESHOO, 
Ms. SCHAKOWSKY, Ms. VELA´ZQUEZ, Mr. WELCH, and Ms. LEGER 
FERNANDEZ) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committee 
on Oversight and Reform, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To require the Secretary of Energy to establish a program 
to increase participation in community solar and the 
receipt of associated benefits, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Community Solar Con-
sumer Choice Act of 2021’’. 
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(D) States and local and Tribal govern-
ments. 
(2) ALIGNMENT WITH EXISTING FEDERAL PRO-
GRAMS.—The Secretary shall align the program 
under paragraph (1) with existing Federal programs 
that serve low-income communities. 
(3) ASSISTANCE TO STATE AND LOCAL GOVERN-
MENTS.—In carrying out the program under para-
graph (1), the Secretary shall— 
(A) provide technical assistance to States 
and local and Tribal governments for projects 
to increase community solar; 
(B) assist States and local and Tribal gov-
ernments in the development of new and inno-
vative financial and business models that lever-
age competition in the marketplace in order to 
serve community solar subscribers; and 
(C) use National Laboratories (as defined 
in section 2 of the Energy Policy Act of 2005 
(42 U.S.C. 15801)) to collect and disseminate 
data to assist private entities in the financing 
of, subscription to, and operation of community 
solar projects. 
(c) FEDERAL GOVERNMENT PARTICIPATION IN COM-
MUNITY SOLAR.—The Secretary will expand the existing 
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grant, loan, and financing programs to include community 
solar projects (as defined in paragraph (20) of section 
111(d) of the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2621(d)), as added pursuant to section 
3 of this Act). 
SEC. 3. ESTABLISHMENT OF COMMUNITY SOLAR PRO-
GRAMS. 
(a) IN GENERAL.—Section 111(d) of the Public Util-
ity Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 
is amended by adding at the end the following: 
‘‘(20) COMMUNITY
SOLAR
PROGRAMS.—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. For the purposes of 
this paragraph, 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. A ‘commu-
nity solar facility’ is— 
‘‘(A) a solar photovoltaic system that allo-
cates electricity to multiple electric consumers 
of an electric utility; 
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‘‘(B) connected to a local distribution of 
the electric utility; 
‘‘(C) located either on or off the property 
of the electric consumers; and 
‘‘(D) may be owned by an electric utility, 
an electric consumer, or a third party.’’. 
(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: 
‘‘(7)(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 utility shall commence consideration 
under section 111, or set a hearing date for consid-
eration, with respect to the standard established by 
paragraph (20) 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 con-
sideration and make the determination under section 
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111 with respect to the standard established by 
paragraph (20) 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 ‘‘such paragraph (14)’’ 
and all that follows through ‘‘paragraphs 
(16)’’ and inserting ‘‘such paragraph (14). 
In the case of the standard established by 
paragraph (15) of section 111(d), the ref-
erence contained in this subsection to the 
date of enactment of this Act shall be 
deemed to be a reference to the date of en-
actment of that paragraph (15). In the 
case of the standards established by para-
graphs (16)’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘In the case of the standard estab-
lished by paragraph (20) 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 (20).’’. 
(B) TECHNICAL CORRECTION.— 
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(i) IN GENERAL.—Section 1254(b) of 
the Energy Policy Act of 2005 (Public 
Law 109–58; 119 Stat. 971) is amended— 
(I) by striking paragraph (2); 
and 
(II) by redesignating paragraph 
(3) as paragraph (2). 
(ii) TREATMENT.—The amendment 
made by paragraph (2) of section 1254(b) 
of the Energy Policy Act of 2005 (Public 
Law 109–58; 119 Stat. 971) (as in effect 
on the day before the date of enactment of 
this Act) is void, and section 112(d) of the 
Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2622(d)) shall be in ef-
fect as if those amendments had not been 
enacted. 
(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: 
‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 
(c) shall not apply to the standard established by para-
graph (20) of section 111(d) in the case of any electric 
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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 im-
plementation 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 (20) of sec-
tion 111(d), the reference contained in this sub-
section to the date of enactment of this Act 
shall be deemed to be a reference to the date 
of enactment of that paragraph (20).’’. 
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