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2020 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 56-596.2 of the Code of Virginia is amended and reenacted as follows:
§ 56-596.2. Energy efficiency programs.
Each Phase I Utility and Phase II Utility, as such terms are
defined in subdivision A 1 of § 56-585.1, shall develop a proposed program of
energy conservation measures. Any program shall provide for the submission of a
petition or petitions for approval to design, implement, and operate energy
efficiency programs pursuant to subdivision A 5 c of § 56-585.1. At least five
percent of such energy efficiency programs shall benefit low-income, elderly, and
disabled individuals. The projected costs for the utility to design, implement,
and operate such energy efficiency programs and portfolios of programs,
including a margin to be recovered on operating expenses, shall be no less than
an aggregate amount of $140 million for a Phase I Utility and $870 million for
a Phase II Utility for the period beginning July 1, 2018, and ending July 1,
2028, including any existing approved energy efficiency programs. In developing
such portfolio of energy efficiency programs and portfolios of programs,
each utility shall utilize a stakeholder process, to be facilitated by an
independent monitor compensated under the funding provided pursuant to
subdivision subsection E of § 56-592.1, to provide input and
feedback on (i) the development of such energy efficiency programs
and portfolios of programs; (ii) compliance with the annual energy efficiency
savings programs and how such savings affect utility integrated resource plans;
(iii) recommended policy reforms by which the General Assembly or the
Commission can ensure maximum and cost-effective deployment of energy
efficiency technology across the Commonwealth; and (iv) best practices for
evaluation, measurement, and verification for the purposes of assessing
compliance with the annual energy efficiency savings programs. Such
stakeholder process shall include the participation of representatives
from each utility, relevant directors, deputy directors, and staff members
of the State Corporation Commission who participate in approval
and oversight of utility energy efficiency savings programs, the office of
Consumer Counsel of the Attorney General, the Department of Mines, Minerals and
Energy, energy efficiency program implementers, energy efficiency providers,
residential and small business customers, and any other interested stakeholder
who whom the independent monitor deems appropriate for inclusion in
such process. The independent monitor shall convene meetings of the
participants in the stakeholder process not less frequently than twice in each
calendar year during the period beginning July 1, 2019, and ending July 1,
2028. The independent monitor shall report on the status of the energy
efficiency stakeholder process, including (i) (a) the objectives
established by the stakeholder group during this process related to programs to
be proposed, (ii) (b) recommendations related to programs to be
proposed that result from the stakeholder process, and (iii) (c)
the status of those recommendations, in addition to the petitions filed and the
determination thereon, to the Governor, the State Corporation
Commission, and the Chairmen of the House Committee on Labor and Commerce
and the Senate Committee on Commerce and Labor Committees
on July 1, 2019, and annually thereafter through July 1, 2028.