This Act may be cited as the “Community Solar Consumer Choice Act of 2023”.

(a) 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 AND LOCAL GOVERNMENTS.—In carrying out the program established under paragraph (1), the Secretary shall—

(A) provide technical assistance to States and local and Tribal governments for projects to increase access to community solar programs;

(B) 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

(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.

(b) Federal Government participation in 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.

(c) 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 such terms in section 111(d)(22) of the Public Utility Regulatory Policies Act of 1978 (as added by section 3 of this Act).

(2) NATIONAL LABORATORY.—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).

(3) SECRETARY.—The term “Secretary” means the Secretary of Energy.

(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) 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.

“(B) DEFINITIONS.—For 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.”.

(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:

“(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) 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 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 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 501(b)(1) of title 40, United States Code, is amended by striking subparagraph (B) and inserting the following: