[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2637 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2637
To amend the Public Utility Regulatory Policies Act of 1978 to require
the consideration of a standard requiring electric utilities to offer
community solar programs to ratepayers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 5, 2021
Mr. Lujan introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Public Utility Regulatory Policies Act of 1978 to require
the consideration of a standard requiring electric utilities to offer
community solar programs to ratepayers.
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 ``Establishment of Community Solar
Programs Act of 2021''.
SEC. 2. 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:
``(20) Community solar programs.--
``(A) Definitions.--In this paragraph:
``(i) Community solar facility.--The term
`community solar facility' means a solar power
generating photovoltaic system (including any
related onsite equipment, such as 1 or more
energy storage devices) that--
``(I) has multiple subscribers who
receive financial benefits directly
attributable to the system;
``(II) is connected to a local
distribution circuit of the electric
utility;
``(III) is located either on or off
the property of the applicable electric
consumers; and
``(IV) may be owned by an electric
utility, an electric consumer, 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 full value of electricity generated
by a community solar facility may be used to
offset charges billed to the electric consumer
by the electric utility.
``(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.''.
(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
by adding at the end the following:
``(7)(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 (20) 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 (20) 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) by striking ``such paragraph (14)'' and
all that follows through ``paragraphs (16)''
and inserting ``such paragraph (14). In the
case of the standard established by paragraph
(15) 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 (15).
In the case of the standards established by
paragraphs (16)''; and
(ii) by adding at the end the following:
``In the case of the standard established by
paragraph (20) 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 (20).''.
(B) Technical correction.--
(i) In general.--Section 1254(b) of the
Energy Policy Act of 2005 (Public Law 109-58;
119 Stat. 971) is amended--
(I) by striking paragraph (2); and
(II) by redesignating paragraph (3)
as paragraph (2).
(ii) Treatment.--The amendment made by
paragraph (2) of section 1254(b) of the Energy
Policy Act of 2005 (Public Law 109-58; 119
Stat. 971) (as in effect on the day before the
date of enactment of this Act) is void, and
section 112(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2622(d)) shall
be in effect as if that amendment had not been
enacted.
(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 by adding at the end the following:
``(g) Prior State Actions.--Subsections (b) and (c) shall not apply
to the standard established by paragraph (20) 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--
(i) by striking ``this subsection'' each
place it appears and inserting ``this
section''; and
(ii) by adding at the end the following:
``In the case of the standard established by
paragraph (20) 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 (20).''.
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