[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5259 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5259
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 SENATE OF THE UNITED STATES
September 25, 2024
Mr. Lujan 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.
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 2024''.
SEC. 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.
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) 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).''.
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.''.
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