Energy

Electric utilities; licensed retail suppliers; notice period for return to service. Permits an individual nonresidential retail customer of electric energy of Appalachian Power or Dominion Energy Virginia whose noncoincident peak demand exceeded five megawatts during the most recent calendar year to purchase electric energy from a licensed supplier within the Commonwealth. Currently, such a customer may only purchase electric energy from a licensed supplier if the customer's peak demand did not exceed one percent of the incumbent electric utility's peak load during the most recent calendar year unless the customer had a noncoincident peak demand of more than 90 megawatts. The bill changes from five years to eighteen months the advance notice period required for such a customer to return to service by an incumbent electric utility. This bill is identical to SB 818.

Electric utilities; shared solar programs; Phase I Utility. Amends certain provisions related to the shared solar program established by the State Corporation Commission for Appalachian Power Company. The bill permits excess bill credits to be distributed to shared solar subscribers more than once annually. The bill also requires the utility in administering its shared solar program to require net crediting functionality for customer utility bills, as described in the bill. The bill also directs Appalachian Power to (i) release an additional 50 megawatts as part two of the shared solar program on July 1, 2026; (ii) release a further additional 50 megawatts as part three of the shared solar program by January 1, 2028; and (iii) petition the Commission to initiate a shared solar expansion proceeding to determine the capacity for part four of the shared solar program by May 1, 2029. See final enactments for bill effective date. As introduced, this bill was a recommendation of the Commission on Electric Utility Regulation. This bill is identical to HB 809.

Electric utilities; shared solar programs; Phase II Utility. Amends certain provisions related to the shared solar program established by the State Corporation Commission for Dominion Energy Virginia. Under the bill, Dominion Energy Virginia is authorized to release an additional 525 megawatts of capacity as part two of such program upon the earlier of (i) a determination that at least 90 percent of the aggregate program capacity has been subscribed and project construction is substantially complete or (ii) July 1, 2026. The bill directs Dominion Energy Virginia to petition the Commission to initiate a proceeding to determine the capacity for part three of such program on or before part two of such program is substantially complete for 268 megawatts of capacity. The bill directs the Commission to evaluate the costs and benefits of the shared solar program under such proceeding and to consider the results of such proceeding in determining any future allocations of shared solar capacity and changes in program design. The bill directs the Commission to update its regulations on shared solar programs to comply with the provisions of the bill by December 31, 2026, and to require each participating utility to file any tariffs, agreements, or forms necessary for implementation of such programs by March 1, 2027. This bill is identical to HB 807.

Electric utilities; pilot program for electric energy conservation, generation, and storage. Requires American Electric Power and Dominion Energy Virginia to each petition the State Corporation Commission by December 31, 2026, to conduct a pilot program for electric energy conservation, solar energy generation, and energy storage resources for low-income, elderly, and disabled individuals. The bill directs the Commission to convene a technical conference to evaluate the creation of an energy efficiency program meeting certain requirements by November 1, 2026. Under the bill, if the Commission determines that such a program is feasible for implementation by American Electric Power and Dominion Energy Virginia, the Commission shall require such utilities to petition for approval by May 1, 2027, to implement such programs. The bill has an expiration date of July 1, 2034. This bill is identical to SB 327.

Electric utilities; virtual power plant program; electric cooperatives. Authorizes electric cooperatives to establish and implement a virtual power plant program. The bill defines a virtual power plant as an aggregation of distributed energy resources, enrolled either directly with an electric cooperative or indirectly through an aggregator, that are operated in coordination to provide one or more grid services. Under the bill, an electric cooperative may offer incentives to residential customers to purchase battery storage devices and is required to evaluate various methods to optimize demand. This bill is identical to HB 562.

Land development; solar canopies in parking areas. Provides that any locality may include in its land development ordinances a provision that requires that an applicant must install a solar canopy over designated surface parking areas. Such provisions shall apply only to nonresidential parking areas with 100 or more new off-street contiguous parking spaces and may require coverage of up to 50 percent of the surface parking area. The bill provides that an ordinance adopted pursuant to this bill shall be subject to various additional requirements and shall allow for deviations, in whole or in part, from the requirements of the ordinance when its strict application would prevent the development of uses and densities otherwise allowed by the locality's zoning or development ordinance or when a property owner shows that the solar canopy, if installed as otherwise required under the ordinance, will generate less than 75 percent of the electricity that would be expected, given the nameplate capacity of the solar modules installed on such canopy, if the canopy were to be installed at another location in the locality without surrounding impediments to insolation such as buildings or shading vegetation. Finally, the bill provides that the applicant or owner may use the electric energy generated from such solar canopy to offset the consumption of the parking lot or adjoining building served under the same account. The bill has a delayed effective date of July 1, 2027. This bill incorporates HB 457 and is identical to SB 26.

Office of Working Lands Preservation; powers and duties; small renewable energy projects fees. Requires the Office of Working Lands Preservation to serve as a trustee to administer the in-lieu fees in trust for small renewable energy projects. The bill requires such fees to be used to acquire conservation easements and cover any expenses associated with acquiring such easements.

Regulation of contractors; solar installation companies; sale, lease, or power purchase of solar energy systems; civil penalty. Authorizes the Board for Contractors (the Board) to require specific contract provisions and disclosures relating to the sale, lease, or power purchase agreement for a residential solar energy system, as defined in the bill. The bill requires a sale, lease, or power purchase agreement for a residential solar energy system to have a written contract that includes specific provisions related to the solar installation company, system design and performance or production guarantees, and information related to invoices and payments. The bill includes several mandatory disclosures to be included with a sale, lease, or power purchase agreement for a residential solar energy system. Under the bill, a willful violation of such requirements shall be subject to a civil penalty of no more than $2,500 per violation. The bill also directs the Board to adopt regulations and update existing regulations to implement the provisions of the bill by January 1, 2027. The remaining provisions of the bill have a delayed effective date of January 1, 2027. This bill is identical to SB 823.

Air Pollution Control Board regulations; small renewable energy projects; anaerobic digestion technology; report. Provides that for the purposes of a permit by rule for a small renewable energy project under existing law, a small renewable energy project includes an electrical generation facility in a locality in Planning District 8 with a rated capacity not exceeding 100 megawatts that generates electricity from biomass, energy from waste, or municipal solid waste and its dedicated associated interconnection facilities, provided that such facility is capable of processing the majority of its organic waste, including food waste and municipal sludge, with anaerobic digestion technology by January 1, 2030. The bill directs the Department of Environmental Quality, in coordination with relevant stakeholders, to (i) assess all practicable technologies available to waste-to-energy facilities to reduce carbon dioxide and methane emissions, (ii) assess technologies to create biomethane, and (iii) recommend any legislative changes necessary to create market conditions to ensure the viability of such program. The bill also directs the Department to report its findings to the Air Pollution Control Board by December 1, 2026.

Electric utilities; renewable energy portfolio standard program requirements; power purchase agreements. Amends certain renewable energy portfolio standard program requirements for Dominion Energy Virginia, including the annual percentage of program requirements to be met with solar, wind, or anaerobic digestion resources of one megawatt or less located in the Commonwealth. The bill changes from 2025 to 2027 the compliance year beginning in which at least 75 percent of renewable energy certificates used by Dominion Energy Virginia shall come from eligible resources located in the Commonwealth. The bill also removes the requirement for a solar-powered or wind-powered generation facility to have a capacity of no less than 50 kilowatts to qualify for a third party power purchase agreement under a pilot program. The bill directs the State Corporation Commission, by July 1, 2033, to initiate a proceeding to evaluate the future availability of renewable energy certificates from certain resources and permits the Commission to increase or decrease by up to one percentage point the percentage of program requirements to be met by such resources in future compliance years. The bill provides that it is the policy of the Commonwealth to encourage development on previously developed project sites, as defined in existing law, to reduce the land use impacts of solar development. As introduced, this bill was a recommendation of the Commission on Electric Utility Regulation. This bill is identical to SB 175.