HB 1393Virginia House of Delegates·2026 Regular Session
Electric utilities; pilot program for energy assistance and weatherization for certain individuals.
Summary
Electric utilities; pilot programs for energy assistance and weatherization for certain individuals. Amends annual funding commitments for the purposes of the annual pilot program for energy assistance and weatherization for low-income, elderly, and disabled individuals conducted by Dominion Energy Virginia and Appalachian Power Company. Under the bill, Appalachian Power Company is required to continue its pilot program at no less than $1 million and no greater than $1.5 million annually. Dominion Energy Virginia is required to continue its pilot program at no less than $156 million and no greater than $204 million for the time period beginning July 1, 2026, and ending July 1, 2038. The bill extends the sunset date of such pilot programs from July 1, 2028, to July 1, 2038.The bill also provides that Dominion Energy Virginia may recover costs associated with certain electrical facilities that have been approved by the State Corporation Commission as of December 1, 2033, provided that certain requirements are met and notwithstanding any limitations on such cost recovery in current law. The bill directs Dominion Energy Virginia to propose to the Commission, in any proceeding to determine rates for generation and distribution services commencing after January 1, 2027, and before July 1, 2033, that certain costs related to capacity procurement requirements and distribution infrastructure investments are allocated to the utility's customer class approved to serve customers with a contracted or measured electric demand of 25 megawatts or greater and an anticipated or measured average annual electric load factor of 75 percent or greater. The bill provides that certain customers in manufacturing, industrial, or consumer goods warehousing and distribution activities other than data storage may elect to remain on their existing rate schedule. The bill requires Dominion Energy Virginia, in connection with its first proceeding to determine rates for generation and distribution services commencing after July 1, 2026, to include in its petition to the Commission a proposal to revise its tariff for supplementary, maintenance, or standby service for customers with power plants, effective as of January 1, 2028. The bill provides that the Commission shall only approve such proposal if it determines that such tariff will not adversely affect other retail customers or the utility in a manner contrary to the public interest, and any revised tariff terms shall include protections against stranded cost risks to the utility customer base. Additionally, the bill authorizes Dominion Energy Virginia to file a petition for the securitization of certain deferred fuel costs. The bill requires the Commission, in evaluating certain petitions, to require to the greatest extent it finds in the public interest the use of wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with a contract contemplated pursuant to such petition at the prevailing wage rate and to the greatest extent practicable, the use of a skilled workforce through registered apprenticeship programs for any authorized demand flexibility programs, utility-related procurement through utility-owned or third-party providers, and an evaluation of other potential opportunities to develop Virginia's skilled workforce by requiring minimum apprenticeship program requirements for such electric generation or energy storage facility work. This bill incorporates HB 634.
The bill was transferred from the Labor and Commerce Committee to the Appropriations Committee, indicating a shift in legislative focus toward budgetary oversight. The text includes significant formatting errors and conflicting dates (e.g., references to 2015, 2018, and 2038 alongside 2026 and 2033), suggesting this is a draft with unresolved edits. Substantively, the bill adds provisions allowing utilities to recover costs for tap line conversions up to a specific average cost per mile, grants large industrial customers the option to stay on legacy rate schedules, and mandates the use of prevailing wages and apprenticeship programs for new generation projects.
Scope change
The bill's scope expanded to include new requirements for wage standards in utility construction and a specific opt-out mechanism for large industrial customers, while the committee assignment changed from Labor and Commerce to Appropriations.
REQUIREMENT
New provision requiring utilities to pay prevailing wages and utilize registered apprenticeship programs for workers on new generation and energy storage projects.
ELIGIBILITY
Large industrial customers (200+ employees, high load factor) can elect to remain on existing default rate schedules through 2033.
FISCAL
Utilities may recover costs for tap line conversions if the average cost per mile does not exceed $900,000 and annual investment increases do not exceed 4% of the rate base.
TIMELINE
The bill contains conflicting dates, referencing both 2026 and 2038, which suggests the text is incomplete or contains drafting errors regarding the program's start and end dates.
SCOPE
The bill was reassigned from the House Committee on Labor and Commerce to the House Committee on Appropriations.
Enrolled→Labor and Commerce Substitute·4 edits
MODERATE
The bill was converted from an 'Enrolled' final version into a 'Labor and Commerce Substitute' draft, which significantly altered the timeline for cost recovery and pilot program funding. The most critical change is the extension of the deadline for Phase II utilities to recover certain costs from December 1, 2033 to December 1, 2038, providing utilities more time to finance infrastructure projects. Additionally, the end date for the energy assistance pilot program was extended from 2028 to 2038, and the text was standardized to remove conflicting dates and formatting errors present in the original enrolled version.
Scope change
The bill's scope regarding cost recovery timelines was expanded to allow utilities until 2038 instead of 2033, while the pilot program funding period was extended to 2038.
TIMELINE
The deadline for Phase II utilities to petition for cost recovery was extended from December 1, 2033 to December 1, 2038.
FISCAL
The end date for the energy assistance and weatherization pilot program funding was extended from July 1, 2028 to July 1, 2038.
TECHNICAL
Conflicting dates and duplicate text within the pilot program section were corrected to ensure a single, consistent timeline.
The bill header was changed from 'Enrolled' to 'Labor and Commerce Substitute,' indicating it is now a revised draft version rather than the final enacted law.
Introduced→Enrolled·5 edits·Mar 31, 2026
MODERATE
The bill was finalized as an enrolled act, transitioning from a draft proposal to official law. The primary substantive changes involve updating the pilot program funding dates and amounts for Phase II utilities, extending the cost recovery window for tap line conversions, and establishing new rules for assigning specific infrastructure costs to large industrial customers.
Scope change
The bill's scope was narrowed from a comprehensive energy policy including climate goals to a focused amendment of the electric utility pilot program and cost recovery provisions.
TIMELINE
The pilot program funding period for Phase II utilities was extended from ending July 1, 2028, to ending July 1, 2038.
The deadline for utilities to file petitions for cost recovery on tap line conversions was moved forward from December 1, 2038, to December 1, 2033.
FISCAL
The minimum annual funding requirement for Phase II utilities was increased from $13 million to $156 million, with a maximum of $204 million.
REQUIREMENT
New requirements were added to assign specific costs for electric generating capacity and distribution infrastructure directly to large industrial customers (25 MW or more) rather than spreading them across all ratepayers.
TECHNICAL
The bill text was significantly condensed, removing the broader Commonwealth Clean Energy Policy sections and focusing solely on utility financial and operational rules.
Appropriations Substitute→Commerce and Labor Substitute·4 edits
MODERATE
The bill was transferred from the House Appropriations Committee to the Senate Commerce and Labor Committee, changing the report date to March 2, 2026. The Senate version clarifies that Phase II utilities must provide a minimum of $13 million annually for their energy assistance programs and modifies the rules for large industrial customers to require a formal petition to the State Corporation Commission before they can opt out of new rate schedules.
Scope change
The bill's scope shifted from being an Appropriations substitute to a Senate substitute, indicating a change in legislative focus from budgeting to industry regulation and labor standards.
TIMELINE
The report date for the bill was updated from February 13, 2026 (House) to March 2, 2026 (Senate).
FISCAL
The Senate version clarifies that Phase II utilities must provide at least $13 million per year for energy assistance programs, whereas the House version contained conflicting text regarding minimum funding levels.
REQUIREMENT
The eligibility criteria for large industrial customers to remain on existing rate schedules were changed; the Senate version now requires these customers to file a formal petition with the State Corporation Commission to make this election.
The Senate version simplifies the language regarding cost recovery petitions for tap line conversions, removing repetitive references to specific Code of Virginia sections.
The bill text was reformatted to remove old line breaks and insert a new submission date (February 13, 2026) and page numbers. Crucially, the substantive policy language regarding funding amounts, eligibility criteria, and timelines remains identical to the previous version, with no changes to the actual laws being amended.
Scope change
No change in the scope of the bill; the legislative intent and applicability remain the same.
TECHNICAL
The document layout was cleaned up by removing inconsistent line breaks and spacing, and a specific submission date was added to the header.
Page numbers and bill identifiers were added to the new version, replacing the old version's metadata.
Labor and Commerce Substitute→Subcommittee #3 Subcommittee Substitute·2 edits
MINOR
The document underwent significant formatting and layout changes, shifting from a standard legislative header to a specific 'House Substitute' format with page numbers and tracking IDs. While the text of the bill itself appears identical in both versions, the metadata indicates that Delegate Kilgore was added as a co-patron, suggesting the bill was amended or combined with another measure (HB 634) before this specific version was submitted.
TECHNICAL
The header and layout were completely restructured to match a 'House Substitute' format, including the addition of page numbers, tracking codes, and a specific session date stamp.
SCOPE
Delegate Kilgore was added as a co-patron alongside Delegate LeVere Bolling, indicating the bill was amended or merged with a related proposal (HB 634).
Floor votes · Senate Mar 9, 2026 · House of Delegates Feb 17, 2026
How they voted
39–0
Passed
Total votes 39
Mar 9, 2026
D
Democratic20
20 Yea
100% Yea
R
Republican19
19 Yea
100% Yea
Your representatives
Vote distribution
All YeaAll NayMixedNo data
55–30
Passed · 2 other
Total votes 87
Feb 17, 2026
D
Democratic52
51 Yea1
98% Yea
R
Republican35
4 Yea30 Nay1
85% Nay
Your representatives
Vote distribution
All YeaAll NayMixedNo data
Full legislative history
Actions timeline
Total actions
61
Key actions
15
Committee
16
Apr 13, 2026
Vetoed
Governor's recommendation received by House
executive
Apr 6, 2026
Other
Fiscal Impact Statement from State Corporation Commission (HB1393)
lower
Mar 31, 2026
Executive-Receipt
Governor's Action Deadline 11:59 p.m., April 13, 2026
executive
Mar 31, 2026
Enrolled
Enrolled Bill communicated to Governor on March 31, 2026
lower
Mar 31, 2026
Lower · Passed
Signed by Speaker
lower
Mar 30, 2026
Upper · Passed
Signed by President
upper
Mar 30, 2026
Lower · Passed
Bill text as passed House and Senate (HB1393ER)
lower
Mar 30, 2026
Enrolled
Enrolled
lower
Mar 14, 2026
Upper · Passed
Conference report agreed to by Senate (21-Y 18-N 0-A)
upper
Mar 14, 2026
Lower · Passed
Conference report agreed to by House (61-Y 35-N 0-A)
lower
Mar 14, 2026
Other
House Conferees: LeVere Bolling, Torian, Kilgore
lower
Mar 14, 2026
Lower · Passed
House acceded to request for second conference committee
lower
Mar 14, 2026
Other
Senate Conferees: Marsden, Srinivasan, Stuart
upper
Mar 14, 2026
Other
Second conferees appointed by Senate
upper
Mar 14, 2026
Committee
Senate requested second conference committee (38-Y 0-N 0-A)
upper
Mar 14, 2026
Legislature · Passed
Conference Report released
legislature
Mar 12, 2026
Other
House Conferees: LeVere Bolling, Torian, Kilgore
lower
Mar 12, 2026
Other
Conferees appointed by House
lower
Mar 12, 2026
Other
Senate Conferees: Marsden, Srinivasan, Stuart
upper
Mar 12, 2026
Other
Conferees appointed by Senate
upper
Mar 12, 2026
Other
House acceded to request
lower
Mar 12, 2026
Committee
Senate requested conference committee
upper
Mar 12, 2026
Substitution
Senate insisted on substitute Block Vote (40-Y 0-N 0-A)
upper
Mar 11, 2026
Failure
Senate substitute rejected by House (0-Y 99-N 0-A)