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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2011 SESSION
Kilgore (Chairman), Morgan, Byron, Ware, R.L., Hugo, Marshall, D.W., Cline, Miller, J.H., Cosgrove, Johnson, Lewis, Tyler, McQuinn
Date of Meeting: January 25, 2011
Time and Place: Immediately after adjournment Full Committee HR D
Patron: Toscano
Agricultural net energy metering. Creates a category of eligible customer-generators under the net energy metering program for operators of agricultural net metering facilities. An agricultural net energy metering facility may be served by multiple meters located at separate but contiguous sites owned or controlled by the same entity. The facility may aggregate the electricity generation and consumption as measured at these meters for purposes of participating in the net energy metering program. The measure also revises the criteria for qualifying as an "eligible customer-generator" to provide that a utility may elect a higher capacity for customer classes, rather than higher limits for a generating facility.
A BILL to amend and reenact § 56-594 of the Code of Virginia, relating to agricultural net energy metering.11103351D
Patron: Pollard
Electric utility rates; added returns. Eliminates provisions of the Virginia Electric Utility Regulation Act that authorize investor-owned electric utilities to earn added basis points and other performance incentives that would increase the utility's fair combined rate of return on common equity above the rate determined by the Commission in biennial rate review proceedings. Currently, such utilities are authorized to earn performance incentives and enhanced rates of return on common equity if they satisfy performance standards, make certain investments in generation facilities, and successfully participate in a renewable energy program.
A BILL to amend and reenact §§ 56-585.1 and 56-585.2 of the Code of Virginia, relating to investor-owned electric utilities; rate of return.11100827D
Patron: Miller, J.H.
Electric utility ratemaking procedures; recognition of Commonwealth Energy Policy. Directs the State Corporation Commission to include in its rules and regulations implementing the procedure by which the rates of investor-owned electric utilities are set a procedure and methodology to recognize energy objectives and elements of the Commonwealth Energy Policy.
A BILL to amend and reenact §§ 56-585.1 and 67-101 of the Code of Virginia, relating to regulation of investor-owned electric utilities; recognition of the Commonwealth Energy Policy.11102667D
Patron: Kilgore
Net energy metering program. Increases the maximum capacity of an electrical generation facility of a residential customer that qualifies for participation in a net energy metering program from 10 to 25 kilowatts. The measure also provides that a customer's generation facility is intended primarily to offset all or part of his own electricity requirements, and the customer is thus ineligible to participate in the net energy metering program, if the facility is sized to produce more than 125 percent of the customer's cumulative load over the 12 months preceding the facility's interconnection.
A BILL to amend and reenact § 56-594 of the Code of Virginia, relating to electric energy; net energy metering.11101909D
Patron: May
Electrical transmission lines; impact minimizations plans. Requires that applications to the State Corporation Commission for approval of an electrical transmission line of 138 kilovolts or more include an impact minimization plan. Such a plan provides for the minimization of the visual, environmental, and economic impacts of the transmission line on real property within or adjacent to the area within which the applicant proposes to locate the line. The plan is required to be consistent with standards established by the North American Electric Reliability Corporation and the Institute of Electrical and Electronics Engineers.
A BILL to amend the Code of Virginia by adding a section numbered 56-265.2:01, relating to applications for approval of certain electrical transmission lines.11101053D
Patron: May
Underground transmission lines; pilot program. Extends the scheduled expiration of the pilot program established in 2008 for the underground placement of certain electric transmission lines from July 1, 2012, to July 1, 2014. The due date for the State Corporation Commission's final report on the pilot program is postponed until December 1, 2014.
A BILL to amend and reenact §§ 3 and 6 of the first enactment of Chapter 799 of the Acts of Assembly of 2008, relating to a pilot program to place certain electric transmission lines underground.11101052D
Patron: Armstrong
Reduced electricity rates for low-income residential customers; tax credit. Requires investor-owned electric utilities to offer eligible residential customers a reduced rate for electric service during December through April of each year. The reduced rate is 20 percent less than the rate that would be applicable to the customer if the customer was ineligible for the special rate. To be eligible for the special rate, a customer must be receiving (i) supplemental security income, (ii) aid to families with dependent children, (iii) aid to families with dependent children—unemployed, or (iv) food stamps, if the food stamp recipients are 60 years of age or older. The State Corporation Commission is required to certify each utility's revenue deficiency resulting from the special reduced rates, and the utility will receive an income tax credit calculated at 1.45 percent of the revenue deficiency. The Department of Social Services is required to adopt regulations establishing procedures to inform persons about the availability of the special reduced rates, assist applicants for the special reduced rates in proving their eligibility therefor, and assist utilities in determining the eligibility of persons for such rates. The Commission and the Department are required to adopt temporary emergency regulations implementing the program by October 1, 2011.
A BILL to amend and reenact § 58.1-400.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-236.3, relating to reduced electricity rates to be charged to low-income residential customers; tax credit for utility revenue deficiency.11102668D
Patron: Armstrong
Electric utility regulation. Reinstates much of the system under which investor-owned electric utilities were regulated prior to 1999. The measure repeals the Virginia Electric Utility Regulation Act and reenacts provisions relating to State Corporation Commission (SCC) ratemaking, including provisions addressing the recovery of fuel and purchased power costs, that existed prior to the 2007 legislation that re-regulated most of Virginia's investor-owned electric utilities. Existing provisions of the Virginia Electric Utility Regulation Act pertaining to ratemaking for electric cooperatives, to net energy metering, to consumer education programs, and to interconnections by farms are relocated to other chapters in Title 56. Rate adjustment clauses approved by the SCC will remain in effect as set forth in an enactment clause.
A BILL to amend and reenact §§ 10.1-1186.2:1, 10.1-1197.8, 10.1-1307.02, 15.2-1901, 15.2-2316.2, 30-201, 30-202, 30-205, 56-1, 56-231.24, 56-234.2, 56-235.1:1, 56-235.2, 56-235.6, 56-235.8, 56-238, 56-245.1:2, 56-249.6, 56-265.2, 56-598, 58.1-400.3, 58.1-2900, 58.1-3221.4, 58.1-3506, 58.1-3814, 62.1-44.15:21, 67-101, and 67-1100 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 56-240.1, 56-247.2, 56-250.1, and 56-250.2; and to repeal Chapter 23 (§§ 56-576 through 56-596) of Title 56 of the Code of Virginia, relating to the regulation of electric utilities.11100123D
Patron: Armstrong
Electric utility regulation. Rebundles charges for the transmission, distribution, and generation services into the base rates of investor-owned electric utilities and revises the system enacted in 2007 by which rates of investor-owned electric utilities are to be set. The measure restores the State Corporation Commission's authority to set the utility's authorized rate of return on equity at a level that reflects the utility's risk, allows the utility to attract capital, and will be fair to ratepayers. Existing provisions of the Virginia Electric Utility Regulation Act that establish floors on a utility's rate of return based on returns reported by peer group utilities in other Southeastern states are repealed. Other provisions (i) eliminate the ability of a utility to earn a margin on operating expenses for energy efficiency programs; (ii) limit the incentive for participation in the renewable energy portfolio program to an additional 50 basis points above the otherwise-available rate of return on new renewable energy generation facilities, in lieu of the existing provision that grants participating utilities a 50 basis point increase in its rate of return on all of its equity; (iii) authorize the Commission to increase the allowed return on equity for certain investments by up to 200 basis points for a period between 5 and 25 years based on the risk of the project, in lieu of the existing provision that establishes incentives with specific ranges and durations based on the type of project; (iv) require the Commission to consider all rate adjustment clause petitions in single annual proceedings in order to limit the number of rate increases; (v) provide that costs recoverable through rate adjustment clauses may be deferred and paid from earnings from other sources, in order to ensure that rates are not increased to recover such costs when the utility is overearning through its base rates; (vi) permit the Commission to extend the period for its review in cases by up to nine months, provided that the utility may place its proposed rate increase in effect subject to refund at the end of the original period; (vii) direct that a utility that has earned more than a fair rate of return in a biennium, after crediting the overage to deferred amounts under rate adjustment clauses, shall credit the overage to customers; (viii) eliminate a provision that limits the Commission's authority to lower a utility's rates to cases where the utility has earned more than 50 basis points above a fair rate of return for two consecutive biennia; and (ix) delete provisions requiring stand-alone determinations of income tax costs in ratemaking proceedings.
A BILL to amend and reenact §§ 15.2-1901, 56-231.24, 56-234.2, 56-235.2, 56-238, 56-249.6, 56-576, 56-578, 56-579, 56-580, 56-581, 56-585.1, 56-585.2, 56-585.3, 56-590, 56-592, 56-593, 56-594, and 58.1-400.3 of the Code of Virginia and to repeal §§ 56-577, 56-582, 56-584, 56-585, 56-586, 56-587, 56-588, and 56-589 of the Code of Virginia, relating to the regulation of electric utilities.11100124D
Patron: Poindexter
Electric utilities; biennial rate cases. Requires the State Corporation Commission to enter its final order in biennial rate review proceedings not more than nine months after the date of filing. Currently, such an order is required to be entered not more than nine months after the end of the investor-owned electric utility's test period under review. The measure has an emergency clause.
A BILL to amend and reenact § 56-585.1 of the Code of Virginia, relating to investor-owned electric utility rates; schedule.11101984D
EMERGENCY
Patron: Iaquinto
Electric utility service terminations; customers with a serious medical condition. Directs the State Corporation Commission to establish limitations on the authority of electric utilities to terminate electric service to the residence of a customer who has a serious medical condition or resides with a family member with a serious medical condition. The Commission is further directed to adopt regulations, by October 31, 2011, to implement the limitations. The regulations shall establish a cost recovery mechanism.
A BILL to require the State Corporation Commission to limit electric utility service shutoffs for individuals with a serious medical condition.11101059D
Patron: Ebbin
Voluntary Solar Resource Development Fund. Requires electric utilities to provide customers with the option to make voluntary contributions to the Voluntary Solar Resource Development Fund, which is established by this measure. Moneys in the Fund will be allocated by the Department of Mines, Minerals and Energy as loans for projects that involve the acquisition, installation, or operation of photovoltaic devices, solar water heating devices, or certain solar space heating devices at a residence, structure occupied by a nonprofit organization, or commercial establishment. The Department is authorized to expand the scope of the program to include making loans for renewable energy and energy efficiency projects.
A BILL to amend the Code of Virginia by adding in Title 67 a chapter numbered 13, consisting of sections numbered 67-1300 through 67-1305, relating to the establishment of a voluntary funding program for solar energy projects; Voluntary Solar Resource Development Fund.11103705D
Patron: Morefield
Renewable energy portfolio standard program; coalbed methane gas. Allows electricity generated from the combustion of coalbed methane gas to be counted by an investor-owned electric utility in meeting the goals of the renewable energy portfolio standard program. In conjunction with this change, references to "renewable energy" in the context of eligible sources of the generation of electricity are revised to refer to "renewable or alternative" energy.
A BILL to amend and reenact § 56-585.2 of the Code of Virginia, relating to the generation of electricity from renewable sources or coalbed methane gas.11103186D
Patron: Keam
Electric utility rate structures; advancing conservation and efficiency. Directs the State Corporation Commission to encourage investor-owned electric utilities to file tariffs with rate structures that reflect time of day and seasonal cost differentials. In proceedings that involve a new or amended retail rate structure, the Commission is directed to consider several factors, including the extent to which the rates are designed to align with the utility's marginal cost of providing service at different times of the day. In such rate structure proceedings, electric utilities may seek, and the Commission may approve, financial incentives for the implementation of creative rate options that would allow the utility and its customers to share the economic benefits of rate structures that lower the utility's fuel costs. The measure also directs the Commission to give the highest level of priority in its development of the electric energy consumer education program to efforts to increase consumer awareness and knowledge of electricity rate structures and the overall cost of electricity.
A BILL to require the State Corporation Commission to implement actions to encourage the conservation and efficient use of electricity.11102597D
Patron: Morrissey
Renewable energy portfolio standard. Requires each investor-owned electric utility and distribution cooperative to participate in a renewable energy portfolio standard program commencing with calendar year 2013. Under the program, each utility is required to generate renewable energy or to purchase renewable energy certificates, or both, in amounts that start in 2013 at three percent of the total electric energy sold in the base year of 2007 and that increase to 20 percent of such amount in 2020 and thereafter. A portion of the renewable energy used to meet the percentage goals is required to be from distributed generation. Renewable energy generated in-state, or from a community-based project, is eligible for additional credit toward meeting the RPS Goals. Failure to meet the required percentages will result in the assessment of alternative compliance payments, which payments are to be paid into the newly created Virginia Sustainable Energy Fund. The measure provides that an investor-owned electric utility that was authorized to receive a performance incentive as a consequence of its participation in the renewable portfolio standard program as it existed prior to the effective date of this act shall continue to receive the incentive until the utility's next biennial rate review proceeding.
A BILL to amend and reenact § 56-585.2 of the Code of Virginia, relating to renewable power goals to be met by electric utilities in providing renewable power; Virginia Sustainable Energy Fund created.11102761D
Patron: Cosgrove
Renewable energy portfolio standard program. Provides that an investor-owned electric utility will receive (i) double credit toward meeting the goals of the renewable energy portfolio standard program for energy from biomass or waste-to-energy; (ii) triple credit toward such goals for energy from sunlight; and (iii) quadruple credit toward such goals for energy from sunlight if the facility is located in Virginia and the majority of the products used to generate the energy are manufactured or assembled in the United States.
A BILL to amend and reenact § 56-585.2 of the Code of Virginia, relating to the renewable energy portfolio standard program.11104093D
Patron: Cosgrove
Renewable energy incentives. Creates incentives for the development of renewable energy facilities in the Commonwealth. The incentives include (i) clarifying the definition of renewable energy to include wood waste materials; (ii) establishing a preference in energy procurement for state facilities for the use of renewable energy; (iii) directing the establishment of goals for the increased use by state agencies of renewable energy that will seek to have 20 percent of the energy consumed at state facilities to be renewable energy by 2025; (iv) allowing the Department of General Services to contract for renewable energy on a negotiated basis without using a competitive procurement process; (v) establishing a program to be administered by the Virginia Resources Authority under which 70 percent of the amount of loans for the capital cost of a qualifying facility may be guaranteed; and (vi) expanding the existing permit-by-rule program for small renewable energy facilities to include all renewable energy facilities, regardless of size.
A BILL to amend and reenact §§ 2.2-1175, 2.2-4344, 10.1-1197.6, 56-576, 62.1-198, 62.1-199, and 62.1-203 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-4325.1 and 62.1-218.1, relating to incentives for the use of renewable energy in state facilities.11104106D
Patron: Merricks
Electric utility regulation. Excludes any investor-owned electric utility that was as of July 1, 1999, not bound by a rate case settlement adopted by the State Corporation Commission (SCC) that extended in its application beyond January 1, 2002, from provisions of the Virginia Electric Utility Regulation Act that establish floors on a utility's rate of return based on returns reported by peer group utilities in other Southeastern states. Petitions by such investor-owned electric utilities for rate adjustment clauses are required to be consolidated into a single annual proceeding. Changes in the rates of such a utility resulting from biennial reviews and annual rate adjustment clause proceedings will be effective no later than May 1 each year. In rate adjustment clause proceedings involving such utilities, the SCC is required to ensure that rate riders do not provide revenues that allow the utility to earn in excess of the authorized rate of return. The SCC will also be allowed to adjust rate riders in the future based on earnings.
A BILL to amend and reenact § 56-585.1 of the Code of Virginia, relating to the regulation of electric utilities.11104136D