Community solar

(a) Establishment of community solar consumer choice program (1) In general Not later than 12 months after the date of enactment of this Act, the Secretary shall establish a program to increase the opportunities for participation in community solar programs by— (A) individuals, prioritizing individuals that do not have regular access to onsite solar, including low- and moderate-income individuals and individuals living in energy communities; (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, Tribal, and local governments In carrying out the program established under paragraph (1), the Secretary shall— (A) provide technical assistance to eligible entities for projects to increase the number of community solar facilities; (B) assist eligible entities in the development of new and innovative financial and business models that leverage competitive processes in order to serve community solar 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 programs. (b) Federal Government participation in community solar programs The Secretary shall, as the Secretary determines appropriate, expand the existing grant, loan, and financing programs of the Department of Energy to include community solar programs. (c) Establishment of community solar programs (1) 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) In general 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. Such programs may include community solar facilities owned or operated by non-utility entities and shall not restrict participation to utility-owned facilities. (B) Definitions For the purposes of this paragraph: (i) Community solar program 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 reduce total charges billed to the electric consumer. (ii) Community solar facility The term community solar facility means a solar photovoltaic system that— (I) allocates electricity to multiple electric consumers of an electric utility; (II) is interconnected with the electric grid; and (III) is located either on or off the property of the electric consumers described in subclause (I).. (2) Compliance (A) 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: (9) (A) Not later than 12 months 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 24 months 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).. (B) Failure to comply Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended— (i) 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).. (C) Prior State actions (i) 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: (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.. (ii) 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 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).. (d) Federal contracts for public utility services Section 501(b)(1) of title 40, United States Code, is amended by amending subparagraph (B) to read as follows: (B) Public utility contracts A contract under this paragraph for public utility services may be for a period of not more than 30 years.. (e) Definitions In this section: (1) Community solar facility; community solar program The terms community solar facility and community solar program have the meaning given such terms in paragraph (22) of section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)), as added by subsection (c) of this section. (2) Community solar subscriber The term community solar subscriber means an electricity customer that receives or purchases a proportional share of the output of a community solar facility under an ownership, subscription, or power purchase arrangement approved by the applicable regulatory authority. (3) Eligible entity The term eligible entity means— (A) a State or political subdivision of a State; (B) a unit of local government; (C) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); (D) a territory of the United States; or (E) an authority, agency, or instrumentality of, or an entity owned by, 1 or more entities described in subparagraphs (A) through (D). (4) Energy community The term energy community has the meaning given such term in section 45(b)(11) of the Internal Revenue Code of 1986 (26 U.S.C. 45(b)(11)). (5) National Laboratories The term National Laboratories has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (6) Secretary The term Secretary means the Secretary of Energy.