II 118th CONGRESS 2d Session S. 5259 IN THE SENATE OF THE UNITED STATES September 25, 2024 Mr. Luján introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 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.

1. Short title This Act may be cited as the Community Solar Consumer Choice Act of 2024 . 2. Community solar consumer choice program; Federal Government participation in community solar (a) 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 those terms in paragraph (22)(A) of section 111(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d) ). (2) National Laboratory The term National Laboratory has the meaning given the 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. (b) 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, local, and Tribal governments In carrying out the program established under paragraph (1), the Secretary shall— (A) provide technical assistance to State, local, and Tribal governments, and other entities, for projects to increase access to community solar programs; (B) assist State, local, and Tribal governments in the development of new and innovative financial and business models, including affordable rate structures, 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. (c) Federal Government participation in community solar programs The Secretary, to the extent practicable, shall expand the existing grant, loan, and financing programs of the Department of Energy to include community solar programs. 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) Definitions In this paragraph: (i) Community solar facility The term community solar facility means a solar photovoltaic system that— (I) allocates electricity to multiple electric consumers served by an electric utility; (II) is connected to local distribution infrastructure of the electric utility; (III) is located either on or off the property of 1 or more subscribers; and (IV) may be owned by an electric utility, 1 more subscribers, or a third party. (ii) Community solar program The term community solar program means a service provided by an electric utility to an electric consumer served by the electric utility 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) Subscriber The term subscriber means an electric consumer who participates in a community solar program. (B) Standard (i) Non-tribal utilities Each electric utility that is not a Tribal utility shall offer a community solar program to which all ratepayers of the electric utility, including low-income ratepayers, have equitable and demonstrable access. (ii) Tribal utilities (I) In general A Tribal utility may offer a community solar program. (II) Resources A Tribal utility that offers a community solar program may leverage the resources made available to the Tribal utility under this Act to carry out that community solar program. (C) Ownership of community solar facilities A community solar program established pursuant to this paragraph shall include a mechanism to allow electric utilities, non-utilities, and other appropriate entities to assume complete or partial ownership of relevant community solar facilities, as necessary to deliver customer benefits and mitigate the impacts of market concentration. (D) Technical assistance and other guidance The Secretary shall provide technical assistance and other guidance necessary to carry out a community solar program pursuant to this paragraph, including to State, local, and Tribal governments, as appropriate. . (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— (A) by indenting paragraphs (4) through (8), and any subparagraphs within those paragraphs, appropriately; and (B) 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) in the first sentence, 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— (i) in subsection (h), in the subsection heading, by striking Other ; and (ii) 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 section to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22). . 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. .