[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3568 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3568
To direct the Secretary of Energy to establish a program to provide
assistance for low-income solar projects, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 28, 2021
Mr. Cardenas (for himself and Ms. Lee of California) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To direct the Secretary of Energy to establish a program to provide
assistance for low-income solar projects, 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 ``Affordable Solar Energy for Our
Communities Act''.
SEC. 2. GRANT PROGRAM FOR SOLAR INSTALLATIONS LOCATED IN, OR THAT
SERVE, LOW-INCOME AND UNDERSERVED AREAS.
(a) Definitions.--In this section:
(1) Beneficiary.--The term ``beneficiary'' means a low-
income household or a low-income household in an underserved
area.
(2) Community solar facility.--The term ``community solar
facility'' means a solar generating facility that--
(A) through a voluntary program, has multiple
subscribers that receive financial benefits that are
directly attributable to the facility;
(B) has a nameplate rating of 5 megawatts AC or
less; and
(C) is located in the utility distribution service
territory of subscribers.
(3) Community solar subscription.--The term ``community
solar subscription'' means a share in the capacity, or a
proportional interest in the electricity generation, of a
community solar facility.
(4) Covered facility.--The term ``covered facility''
means--
(A) a community solar facility--
(i) that is located in an underserved area;
or
(ii) at least 50 percent of the capacity of
which is reserved for low-income households;
(B) a solar generating facility located at a
residence of a low-income household; or
(C) a solar generating facility located at a multi-
family affordable housing complex.
(5) Covered state.--The term ``covered State'' means a
State with processes in place to ensure that covered facilities
deliver financial benefits to low-income households.
(6) Eligible entity.--The term ``eligible entity'' means--
(A) a nonprofit organization that provides services
to low-income households or multi-family affordable
housing complexes;
(B) a developer, owner, or operator of a community
solar facility that reserves a portion of the capacity
of the facility for subscribers who are members of low-
income households or for low-income households that
otherwise financially benefit from the facility;
(C) a covered State, or political subdivision
thereof;
(D) an Indian Tribe or a tribally owned electric
utility;
(E) a Native Hawaiian community-based organization;
(F) any other national or regional entity that has
experience developing or installing solar generating
facilities for low-income households that maximize
financial benefits to those households; and
(G) an electric cooperative or municipal electric
utility (as such terms are defined in section 3 of the
Federal Power Act).
(7) Eligible installation project.--The term ``eligible
installation project'' means a project to install a covered
facility in a covered State.
(8) Eligible planning project.--The term ``eligible
planning project'' means a project to carry out pre-
installation activities for the development of a covered
facility in a covered State.
(9) Eligible project.--The term ``eligible project''
means--
(A) an eligible planning project; or
(B) an eligible installation project.
(10) Feasibility study.--The term ``feasibility study''
means any activity to determine the feasibility of a specific
solar generating facility, including a customer interest
assessment and a siting assessment, as determined by the
Secretary.
(11) Indian tribe.--The term ``Indian Tribe'' means any
Indian Tribe, band, nation, or other organized group or
community, including any Alaska Native village, Regional
Corporation, or Village Corporation (as defined in, or
established pursuant to, the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
(12) Interconnection service.--The term ``interconnection
service'' has the meaning given such term in section 111(d)(15)
of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2621(d)(15)).
(13) Low-income household.--The term ``low-income
household'' means that income in relation to family size
which--
(A) is at or below 200 percent of the poverty level
determined in accordance with criteria established by
the Director of the Office of Management and Budget,
except that the Secretary may establish a higher level
if the Secretary determines that such a higher level is
necessary to carry out the purposes of this section;
(B) is the basis on which cash assistance payments
have been paid during the preceding 12-month period
under titles IV and XVI of the Social Security Act (42
U.S.C. 601 et seq., 1381 et seq.) or applicable State
or local law; or
(C) if a State elects, is the basis for eligibility
for assistance under the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et seq.),
provided that such basis is at least 200 percent of the
poverty level determined in accordance with criteria
established by the Director of the Office of Management
and Budget.
(14) Multi-family affordable housing complex.--The term
``multi-family affordable housing complex'' means any federally
subsidized affordable housing complex in which at least 50
percent of the units are reserved for low-income households.
(15) Native hawaiian community-based organization.--The
term ``Native Hawaiian community-based organization'' means any
organization that is composed primarily of Native Hawaiians
from a specific community and that assists in the social,
cultural, and educational development of Native Hawaiians in
that community.
(16) Program.--The term ``program'' means the program
established under subsection (b).
(17) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(18) Solar generating facility.--The term ``solar
generating facility'' means--
(A) a generator that creates electricity from light
photons; and
(B) the accompanying hardware enabling that
electricity to flow--
(i) onto the electric grid;
(ii) into a facility or structure; or
(iii) into an energy storage device.
(19) State.--The term ``State'' means each of the 50
States, the District of Columbia, Guam, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
and American Samoa.
(20) Subscriber.--The term ``subscriber'' means a person
who--
(A) owns a community solar subscription, or an
equivalent unit or share of the capacity or generation
of a community solar facility; or
(B) financially benefits from a community solar
facility, even if the person does not own a community
solar subscription for the facility.
(21) Underserved area.--The term ``underserved area''
means--
(A) a geographical area with low or no photovoltaic
solar deployment, as determined by the Secretary;
(B) a geographical area that has low or no access
to electricity, as determined by the Secretary;
(C) a geographical area with an average annual
residential retail electricity price that exceeds the
national average annual residential retail electricity
price (as reported by the Energy Information Agency) by
50 percent or more; or
(D) trust land, as defined in section 3765 of title
38, United States Code.
(b) Establishment.--The Secretary shall establish a program to
provide financial assistance to eligible entities--
(1) carry out planning projects that are necessary to
establish the feasibility, obtain required permits, identify
beneficiaries, or secure subscribers to install a covered
facility; or
(2) install a covered facility for beneficiaries in
accordance with this section.
(c) Applications.--
(1) In general.--To be eligible to receive assistance under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
(2) Inclusion for installation assistance.--
(A) Requirements.--For an eligible entity to
receive assistance for a project to install a covered
facility, the Secretary shall require the eligible
entity to include--
(i) information in the application that is
sufficient to demonstrate that the eligible
entity has obtained, or has the capacity to
obtain, necessary permits, subscribers, access
to an installation site, and any other items or
agreements necessary to comply with an
agreement under subsection (g)(1) and to
complete the installation of the applicable
covered facility;
(ii) a description of the mechanism through
which financial benefits will be distributed to
beneficiaries or subscribers; and
(iii) an estimate of the anticipated
financial benefit for beneficiaries or
subscribers.
(B) Consideration of planning projects.--The
Secretary shall consider the successful completion of
an eligible planning project pursuant to subsection
(b)(1) by the eligible entity to be sufficient to
demonstrate the ability of the eligible entity to meet
the requirements of subparagraph (A)(i).
(d) Selection.--
(1) In general.--In selecting eligible projects to receive
assistance under the program, the Secretary shall--
(A) prioritize--
(i) eligible installation projects that
will result in the most financial benefit for
subscribers, as determined by the Secretary;
(ii) eligible installation projects that
will result in development of covered
facilities in underserved areas; and
(iii) eligible projects that include
apprenticeship, job training, or community
participation as part of their application; and
(B) ensure that such assistance is provided in a
manner that results in eligible projects being carried
out on a geographically diverse basis within and among
covered States.
(2) Determination of financial benefit.--In determining the
amount of financial benefit for low-income households of an
eligible installation project, the Secretary shall ensure that
all calculations for estimated household energy savings are
based solely on electricity offsets from the applicable covered
facility and use formulas established by the State or local
government with jurisdiction over the applicable covered
facility for verifiable household energy savings estimates that
accrue to low-income households.
(e) Assistance.--
(1) Form.--The Secretary may provide assistance under the
program in the form of a grant (which may be in the form of a
rebate) or a low-interest loan.
(2) Multiple projects for same facility.--
(A) In general.--An eligible entity may apply for
assistance under the program for an eligible planning
project and an eligible installation project for the
same covered facility.
(B) Separate selections.--Selection by the
Secretary for assistance under the program of an
eligible planning project does not require the
Secretary to select for assistance under the program an
eligible installation project for the same covered
facility.
(f) Use of Assistance.--
(1) Eligible planning projects.--An eligible entity
receiving assistance for an eligible planning project under the
program may use such assistance to pay the costs of pre-
installation activities associated with an applicable covered
facility, including--
(A) feasibility studies;
(B) permitting;
(C) site assessment;
(D) on-site job training, or other community-based
activities directly associated with the eligible
planning project; or
(E) such other costs determined by the Secretary to
be appropriate.
(2) Eligible installation projects.--An eligible entity
receiving assistance for an eligible installation project under
the program may use such assistance to pay the costs of--
(A) installation of a covered facility, including
costs associated with materials, permitting, labor, or
site preparation;
(B) storage technology sited at a covered facility;
(C) interconnection service expenses;
(D) on-site job training, or other community-based
activities directly associated with the eligible
installation project;
(E) offsetting the cost of a subscription for a
covered facility described in subparagraph (A) of
subsection (a)(4) for subscribers that are members of a
low-income household; or
(F) such other costs determined by the Secretary to
be appropriate.
(g) Administration.--
(1) Agreements.--
(A) In general.--As a condition of receiving
assistance under the program, an eligible entity shall
enter into an agreement with the Secretary.
(B) Requirements.--An agreement entered into under
this paragraph--
(i) shall require the eligible entity to
maintain such records and adopt such
administrative practices as the Secretary may
require to ensure compliance with the
requirements of this section and the agreement;
(ii) with respect to an eligible
installation project shall require that any
solar generating facility installed using
assistance provided pursuant to the agreement
comply with local building and safety codes and
standards; and
(iii) shall contain such other terms as the
Secretary may require to ensure compliance with
the requirements of this section.
(C) Term.--An agreement under this paragraph shall
be for a term that begins on the date on which the
agreement is entered into and ends on the date that is
2 years after the date on which the eligible entity
receives assistance pursuant to the agreement, which
term may be extended once for a period of not more than
1 year if the eligible entity demonstrates to the
satisfaction of the Secretary that such an extension is
necessary to complete the activities required by the
agreement.
(2) Use of funds.--Of the funds made available to provide
assistance to eligible installation projects under this section
over the period of fiscal years 2022 through 2026, the
Secretary shall use--
(A) not less than 50 percent to provide assistance
for eligible installation projects with respect to
which low-income households make up at least 50 percent
of the subscribers to the project; and
(B) not more than 50 percent to provide assistance
for eligible installation projects with respect to
which low-income households make up at least 25 percent
of the subscribers to the project.
(3) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register regulations to carry out this section, which
shall take effect on the date of publication.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $200,000,000 for each
of fiscal years 2022 through 2026, to remain available until
expended.
(2) Amounts for planning projects.--Of the amounts
appropriated pursuant to this section over the period of fiscal
years 2022 through 2026, the Secretary shall use not more than
15 percent of funds to provide assistance to eligible planning
projects.
(i) Relationship to Other Assistance.--The Secretary shall, to the
extent practicable, encourage eligible entities that receive assistance
under this section to leverage such funds by seeking additional funding
through federally or locally subsidized weatherization and energy
efficiency programs.
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