Del. David Reid

Virginia Energy Plan; Commonwealth Energy Policy.Adopts findings that climate change is an urgent and pressing challenge forVirginia, that swift decarbonization and a transition to clean energy arerequired to meet the urgency of the challenge, and that the Commonwealth willbenefit from being a leader in deploying a low-carbon energy economy. Themeasure states that the Commonwealth recognizes that the following objectiveswill advance the health, welfare, and safety of Virginians: (i) establishingsufficient supply and delivery infrastructure to enable widespread deploymentof distributed energy resources; (ii) maximizing energy efficiency programs inorder to produce electricity cost savings and to create jobs and revenue fromthe energy efficiency service sector; (iii) establishing greenhouse gasemissions reduction goals across Virginia's economy that reach net-zeroemissions by 2050; (iv) requiring that pathways to net-zero greenhouse gasemissions be determined; (v) enabling widespread integration of storagetechnologies into the grid and pairing such storage technologies with renewablegeneration; (vi) mitigating the negative impacts of climate change and theenergy transition on disadvantaged communities and prioritizing investment inthese communities; (vii) developing the carbon-free energy resources requiredto fully decarbonize the electric power supply of the Commonwealth includingdeployment of 30 percent renewables by 2030 and realizing 100 percent carbon-freeelectric power by 2040; and (viii) ensuring that decision-making is transparentand includes opportunities for full participation by the public. The measurealso states that it is the policy of the Commonwealth to (a) accelerate the useand deployment of renewable energy sources such that 30 percent of Virginia'selectricity will be from renewable energy sources by 2030 and 100 percent ofVirginia's electricity will be from carbon-free sources by 2040; (b) promoteresearch and development of carbon-free electric power generation technologies,including advanced nuclear and carbon capture and storage; (c) ensure theavailability of affordable natural gas where established and where it enablesgreenhouse gas reduction; (d) promote beneficial electrification oftransportation, buildings, industry, and agriculture; (e) establish greenhousegas emissions reduction standards across all sectors of Virginia's economy thattarget net-zero greenhouse gas emissions by mid-century; (f) enact mandatoryclean energy standards and overall strategies for reaching zero carbon in theelectric power sector by 2040; (g) incorporate requirements for technical,policy, and economic analyses and assessments that identify pathways to zerocarbon that maximize Virginia's economic development and create quality jobs;(h) minimize the negative impacts of climate change and the energy transitionon disadvantaged communities and prioritize investment in these areas; (i)adopt residential and commercial building codes that meet or exceed the currentInternational Building Code standards and encourage construction andretrofitting of buildings to achieve maximum energy savings; and (j) supportthe distributed generation of renewable electricity. The measure also requiresthat the Virginia Energy Plan identify actions consistent with the goals ofachieving a net-zero carbon economy by 2050 and include an inventory of allgreenhouse gas emissions for the four years preceding the issuance of the Plan.

Minimum wage; tipped employees; classification. Prohibits an employer from classifying an individual as a tippedemployee if the individual is prohibited by applicable federal orstate law or regulation from soliciting tips.

Electric utility regulation; environmental goals. Establishes a schedule by which Dominion Energy Virginia and American Electric Power are required to retire electric generating units located in the Commonwealth that emit carbon as a by-product of combusting fuel to generate electricity and by which they are required to construct, acquire, or enter into agreements to purchase generating capacity located in the Commonwealth using energy derived from sunlight or onshore wind. The measure replaces the existing voluntary renewable energy portfolio standard program (RPS Program) with a mandatory RPS Program that applies to electric utilities and licensed competitive suppliers. Under the mandatory RPS Program, utilities and suppliers are required to produce their electricity from 100 percent renewable sources by 2045 for Dominion Energy Virginia and any retail supplier operating in the service territory of Dominion Energy Virginia and by 2050 for American Electric Power and any retail supplier operating in the service territory of American Electric Power. A utility or supplier that does not meet its targets is required to pay a specific deficiency payment or purchase renewable energy certificates. The proceeds from the deficiency payments are to be deposited into an account administered by the Department of Mines, Minerals and Energy, which is directed to distribute specific percentages of the moneys to job training and renewable energy programs in historically economically disadvantaged communities, energy efficiency measures, and administrative costs. The measure directs the Department of Environmental Quality to incorporate into regulations previously adopted by the State Air Pollution Control Board certain provisions establishing a carbon dioxide cap and trade program to reduce emissions released by electric generation facilities. Such provisions are required to comply with the Regional Greenhouse Gas Initiative model rule. The measure authorizes the Director of the Department of Environmental Quality to establish, implement, and manage an auction program to sell allowances into a market-based trading program. The measure requires revenues from the sale of carbon allowances, to the extent permitted by Article X, Section 7 of the Constitution of Virginia, to be deposited in an interest-bearing account and to be distributed without further appropriation to the Virginia Community Flood Preparedness Fund, to the Department of Housing and Community Development for low-income energy efficiency programs, for administrative expenses, and for statewide climate change planning and mitigation activities. The measure continues the Virginia Shoreline Resiliency Fund as the Virginia Community Flood Preparedness Fund for the purpose of creating a low-interest loan program to help inland and coastal communities that are subject to recurrent flooding. Among other things, the measure also (i) requires, by 2035, American Electric Power and Dominion Energy Virginia to construct or acquire 400 and 2,700 megawatts of energy storage capacity, respectively; (ii) establishes an energy efficiency standard under which each investor-owned incumbent electric utility is required to achieve incremental annual energy efficiency savings that start in 2022 at 0.25 percent of the average annual energy retail sales by that utility in 2019 and increase those savings annually. Beginning in 2026 and every three years thereafter, the Commission is required to adjust the required energy efficiency goals for the successive three years. and thereafter when energy efficiency savings of at least two percent of the average annual energy retail sales by that utility in the three preceding calendar years are required; (iii) exempts large general service customers from energy savings requirements; (iv) revises the incentive for electric utility energy efficiency programs; (v) provides that if the Commission finds in any triennial review that revenue reductions related to energy efficiency measures or programs approved and deployed since the utility's previous triennial review have caused the utility to earn more than 50 basis points below a fair combined rate of return on its generation and distribution services or, for any test period commencing after December 31, 2012, for Dominion Energy Virginia and after December 31, 2013, for American Electric Power, more than 70 basis points below a fair combined rate of return on its generation and distribution services, the Commission shall order increases to the utility's rates for generation and distribution services necessary to recover such revenue reductions; (vi) establishes requirements regarding the development by Dominion Energy Virginia of qualified offshore wind projects having an aggregate rated capacity of not less than 5,200 megawatts by January 1, 2034, and provides that in constructing any such facility, the utility shall (a) identify options for utilizing local workers; (b) identify the economic development benefits of the project for the Commonwealth, including capital investments and job creation; (c) consult with relevant governmental entities, including the Commonwealth's Chief Workforce Development Officer and the Virginia Economic Development Partnership, on opportunities to advance the Commonwealth's workforce and economic development goals, including furtherance of apprenticeship and other workforce training programs; and (d) give priority to the hiring of local workers, including workers from historically economically disadvantaged communities: (vii) requires each utility to include, and the Commission to consider, in any application to construct a new generating facility the social cost of carbon, as determined by the Commission, as a benefit or cost, whichever is appropriate; (viii) removes provisions that authorize nuclear and offshore wind generating facilities to continue to be eligible for an enhanced rate of return on common equity during the construction phase of the facility and the approved first portion of its service life of between 12 and 25 years in the case of a facility utilizing nuclear power and for a service life of between five and 15 years in the case of a facility utilizing energy derived from offshore wind; (ix) removes a provision that declares that planning and development activities for new nuclear generation facilities are in the public interest; (x) increases the limit from 5,000 megawatts to 16,100 megawatts on those solar and onshore wind generation facilities that are declared to be in the public interest and increases the limit from 16 megawatts to 5,000 megawatts on those offshore wind generation facilities that are declared to be in the public interest; (xi) amends the net energy metering program by increasing the maximum capacity of renewable generation facilities of participating nonresidential eligible customer-generators from one to three megawatts, increases the cap on the capacity of generation from facilities from the customer's expected annual energy consumption to 150 percent of such amount, increases each utility's systemwide cap from one percent of its adjusted Virginia peak-load forecast for the previous year to six percent of such amount, five percent of which is available to all customers and one percent of which is available only to low-income customers; (xii) establishes the Percentage of Income Payment Program (PIPP), which caps the monthly electric utility payment of low-income participants at six percent, or, if the participant's home uses electric heat, 10 percent, of the participant's household income and sets forth eligibility criteria for participation in PIPP, establishes the PIPP Fund to pay electric utility providers the balance of low-income participants' accounts and to fund energy efficiency and weatherization initiatives, and provides directives to the Department of Housing and Community Development regarding the administration of PIPP; (xiii) requires each investor-owned utility to consult with the Clean Energy Advisory Board in how best to inform low-income customers of opportunities to lower electric bills through access to solar energy (xiv) requires the Department of Mines, Minerals and Energy to prepare a report to the House and Senate Committees on Commerce and Labor and to the Governor's Advisory Council on Environmental Justice that ensures that the implementation of this act does not impose a disproportionate burden on minority or historically economically disadvantaged communities (xv) requires the Secretary of Natural Resources and the Secretary of Commerce and Trade, in consultation with the State Corporation Commission and the Council on Environmental Justice and appropriate stakeholders, shall report to the General Assembly by January 1, 2022, any recommendations on how to achieve 100 percent carbon free electric energy generation by 2050 at least cost for ratepayers; and (xvi) provides that it is the policy of the Commonwealth that the State Corporation Commission, Department of Environmental Quality, Department of Mines, Minerals and Energy, Virginia Council on Environmental Justice, and other applicable state agencies, in the development of energy programs, job training programs, and placement of renewable energy facilities, shall consider those facilities and programs being to the benefit of low-income geographic areas and historically economically disadvantaged communities that are located near previously and presently permitted fossil fuel facilities or coal mines.

Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill also provides that a transferee who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buy-back or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm may be transferred. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and programs impacted by the bill. This bill incorporates HB 355.

Department of Mines, Minerals and Energy; electric vehicle rebate working group. Establishes a working group to determine the feasibility of an electric vehicle rebate program. The working group will report on its findings and recommendations by November 1, 2020.

Firefighting equipment; weight limitation on interstate. Requires firefighting equipment to comply with existing weight limitations for emergency vehicles on interstate highways. Current law exempts firefighting equipment from all size and weight limitations. The bill exempts emergency vehicles registered to a federal, state, or local agency or a fire company from any fee typically charged for the issuance of an overweight permit for such vehicle.

Conveyance and transfers of real property by state agencies; Department of Military Affairs; lease of state military reservation property. Provides that, subject to general provisions governing the lease of property owned by the Commonwealth by state agencies, the Department of Military Affairs may convey a leasehold interest in any portion of State Military Reservation property to governmental or private entities when it is deemed to be in the Department's best interest to (i) provide necessary services such as lodging, training capabilities, or logistical utility services that support the Department's mission or (ii) maintain a peripheral buffer with compatible uses, including ground parking leases. The term of such lease may not exceed 50 years; however, any agreement may be extended upon the written recommendation of the Governor and the approval of the General Assembly. In the event that the Department enters into a written lease with a private individual, firm, corporation, or other entity, neither the real property that is the subject of the lease nor any improvements or personal property located on the real property that is the subject of the lease shall be subject to taxation by any local government authority, provided that the real property, improvements, or personal property is used for a purpose consistent with or supporting the Department's mission.

Underground pipelines and conduit and electrical transmission lines; agriculture. Requires a utility company installing an underground pipeline or conduit with an inside diameter greater than 12 inches or an underground electric transmission or distribution line of greater than 115 kilovolts in capacity to mitigate the effects of the project if the project disturbs 10,000 square feet or more of agricultural land. The bill directs the State Corporation Commission to adopt regulations requiring the utility company to remove topsoil from the planned construction site and either redistribute it to graded areas elsewhere on the land of the affected property owner or store it nearby, protected from erosion and compaction, for later redistribution on the disturbed area.

Protected information; newspersons engaged in journalism. Provides that no newsperson engaged in journalism shall be compelled by the Commonwealth or a locality in any criminal proceeding to testify about, disclose, or produce protected information, as defined in the bill, except when the court finds that (i) the protected information is necessary to the proof of an issue material to an administrative or criminal proceeding; (ii) the protected information is not obtainable from any alternative source; (iii) the Commonwealth or locality exhausted all reasonable methods for obtaining the protected information from all relevant alternative sources, if applicable; and (iv) there is an overriding public interest in the disclosure of the protected information, including preventing harm to or death of a person. The bill further provides that any information obtained in violation of the provisions of the bill shall be inadmissible for any purpose in an administrative or criminal proceeding.

Teachers employed in accredited private elementaryand secondary schools; provisional licenses; extension. Requiresthe Board of Education to extend for at least one additional year,but for no more than two additional years, the three-year provisionallicense of a teacher employed in an accredited private elementaryor secondary school upon receiving from the school administratorof such school (i) a recommendation for such extension and (ii) satisfactoryperformance evaluations for such teacher for each year of the originalthree-year provisional license. The provisions of the bill mirror current law relating to the extension of provisional licenses forpublic school teachers.