HR2751-118

1. Short title This Act may be cited as the Community Solar Consumer Choice Act of 2023.

2. Community solar consumer choice program; Federal Government participation in community solar 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— individuals, particularly individuals that do not have regular access to onsite solar, including low- and moderate-income individuals; businesses; nonprofit organizations; and States and local and Tribal governments. The Secretary shall align the program established under paragraph (1) with existing Federal programs that serve low-income communities. In carrying out the program established under paragraph (1), the Secretary shall— provide technical assistance to States and local and Tribal governments for projects to increase access to community solar programs; 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 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. 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. In this section: 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). 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). The term Secretary means the Secretary of Energy.

3. Establishment of community solar programs 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: 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 facility means a solar photovoltaic system that— allocates electricity to multiple electric consumers of an electric utility; is connected to local distribution infrastructure of the electric utility; is located either on or off the property of one or more subscribers; and may be owned by an electric utility, one more subscribers, or a third party. 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. The term subscriber means an electric consumer who participates in a community solar program. 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: 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). 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). Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended— by striking subsection (b)(2) and inserting subsection (b); and 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).. 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: 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— the State has implemented for the electric utility the standard (or a comparable standard); 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 the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility. 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).. (22)Community solar programs(A)In generalEach 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)DefinitionsFor 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.. (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).. (i)Prior State actionsSubsections (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..

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: A contract under this paragraph for public utility services may be for a period of not more than 30 years. (B)Public utility contractsA contract under this paragraph for public utility services may be for a period of not more than 30 years..