Sec. 30483. Low-income solar
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In addition to amounts otherwise available, there is appropriated to the Department of Energy for fiscal year 2022, out of any amounts in the Treasury not otherwise appropriated, $2,500,000,000, to remain available until expended (except that no funds shall be disbursed after September 30, 2031), to carry out this section. The Secretary shall use funds appropriated by subsection
(a)to provide financial assistance to eligible entities to— carry out eligible planning projects; or carry out eligible installation projects. To be eligible to receive assistance under this section, 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. For an eligible entity to receive assistance for an eligible installation project, the Secretary shall require the eligible entity to include in an application under paragraph (1)— information that demonstrates 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 complete the installation of the applicable covered facility; information that demonstrates that the covered facility installed using such assistance will comply with local building and safety codes and standards; a description of the mechanism through which financial benefits will be distributed to beneficiaries or subscribers; and an estimate of the anticipated financial benefit for beneficiaries or subscribers. The Secretary may consider the 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 paragraph (2)(A). In selecting eligible projects to receive assistance under this section, the Secretary shall— prioritize— eligible installation projects that will result in the most financial benefit for beneficiaries, as determined by the Secretary; eligible installation projects that will result in development of covered facilities in underserved areas; and eligible projects that include apprenticeship, job training, or community participation as part of their application; and 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 States. 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. The Secretary may provide assistance under this section in the form of a grant, rebate, or low-interest loan. An eligible entity may apply for assistance under this section for an eligible planning project and an eligible installation project for the same covered facility. Selection by the Secretary for assistance under this section of an eligible planning project does not require the Secretary to select for assistance under this section an eligible installation project for the same covered facility. An eligible entity receiving assistance for an eligible planning project under this section may use such assistance to pay the costs of pre-installation activities associated with an applicable covered facility, including— feasibility studies; permitting; site assessment; identification of beneficiaries or subscribers; or such other costs determined by the Secretary to be appropriate. An eligible entity receiving assistance for an eligible installation project under this section may use such assistance to pay the costs of— installation and operation of a covered facility, including costs associated with materials, permitting, labor, or site preparation; storage technology sited at a covered facility; interconnection service expenses; offsetting the cost of a subscription for a covered facility described in subsection (h)(4)(A) for subscribers that are members of a low-income household; or such other costs determined by the Secretary to be appropriate. Of the funds appropriated by this section, the Secretary shall use not less than 85 percent to provide assistance for eligible installation projects. In this section: The term beneficiary means a low-income household that receives a financial benefit from the installation and operation of a covered facility. The term community solar facility means a solar generating facility that— has multiple subscribers that receive financial benefits that are directly attributable to the facility; and has a nameplate rating of 5 megawatts AC or less. The term community solar subscription means a share in the capacity, or a proportional interest in the electricity generation, of a community solar facility. The term covered facility means— a community solar facility at least 50 percent of the capacity of which is reserved for low-income households; a solar generating facility located at a residence of a low-income household; or a solar generating facility located at a multi-family affordable housing complex. The term eligible entity means— a nonprofit organization that provides services to low-income households or multi-family affordable housing complexes; a developer, owner, or operator of a covered facility; a State, or political subdivision thereof; an Indian Tribe, tribally owned electric utility, or tribal energy development organization; a Native Hawaiian community-based organization; 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 an electric cooperative or a municipality that is an electric utility (as such terms are defined in section 3 of the Federal Power Act). The term eligible installation project means a project to install and operate a covered facility. The term eligible planning project means a project to carry out pre-installation activities for the development of a covered facility. The term eligible project means— an eligible planning project; or an eligible installation project. The term feasibility study means a study or assessment that determines the feasibility of a specific solar generating facility, including a customer interest assessment and a siting assessment, as determined by the Secretary. The term Indian Tribe means any Indian Tribe, band, nation, Tribal Organization, or other organized group or community, including any Alaska Native village, Regional Corporation, or Village Corporation, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. 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) ). The term low-income household means a household with an income that— is at or below 80 percent of the area median income, or 200 percent of the Federal poverty level, whichever is higher, 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; or if the State in which the household is located 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 Federal poverty level. 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. 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. The term Secretary means the Secretary of Energy. The term solar generating facility means— a generator that creates electricity from photons; and the accompanying hardware enabling that electricity to flow— onto the electric grid; into a facility or structure; or into an energy storage device. 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. The term subscriber means a person who— owns a community solar subscription, or an equivalent unit or share of the capacity or generation of a community solar facility; or is a member of a low-income household that financially benefits from a community solar facility, even if the person does not own a community solar subscription for the facility. The term underserved area means— a geographical area with low or no photovoltaic solar deployment, as determined by the Secretary; a geographical area that has low or no access to electricity, as determined by the Secretary; a geographical area with a high energy burden, as determined by the Secretary; or trust land, as defined in section 3765 of title 38, United States Code.
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