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Developed and maintained by the Division of Legislative Automated Systems.
2022 SESSION
22103673DBe it enacted by the General Assembly of Virginia:
1. That §§ 45.2-1912 through 45.2-1917 of the Code of Virginia are amended and reenacted, as follows:
§ 45.2-1912. Definitions.
As used in this article, unless the context requires a different meaning:
"Board" means the Clean Energy Advisory Board created pursuant to § 45.2-1913.
"Financial incentive" means any grants, loans, rebates, or any other inducement paid out of the Fund.
"Fund" means the Low-to-Moderate Income Solar Loan and Rebate Fund created
pursuant to § 45.2-1916.
"Program" means the Low-to-Moderate Income Solar Loan and Rebate Pilot Program
created pursuant to § 45.2-1917.
§ 45.2-1913. Clean Energy Advisory Board; purpose.
The Clean Energy Advisory Board is established as an advisory
board in the executive branch of state government. The purpose of the Board is
to establish a pilot program for disbursing
loans or rebates
financial incentives for the installation of solar energy
infrastructure in low-income and moderate-income households.
§ 45.2-1914. Membership; terms; quorum; meetings.
A. The Board shall have a total membership of 17 members that
shall consist of 16 nonlegislative citizen members and one ex officio member.
Members may reside within or without outside the Commonwealth.
Nonlegislative citizen members shall be appointed as follows:
1. Six nonlegislative citizen members to be appointed by the
Speaker of the House of Delegates upon consideration of the recommendations of
the Board of Directors of the
Maryland-DC-Delaware-Virginia Solar Energy Industries Chesapeake Energy Storage and Solar
Association (the MDV-SEIA CHESSA Board) and the
Governor's Advisory Council on Environmental Justice (the Council), one of whom
shall be a designee of the Virginia Housing Development Authority, created
pursuant to the provisions of Chapter 1.2 (§ 36-55.24 et seq.) of Title 36; one
of whom shall be a rooftop solar energy professional or employer or
representative of rooftop solar energy professionals; one of whom shall be a
current or former member of the Council; one of whom shall be a member or
representative of the Virginia, Maryland and Delaware Association of Electric
Cooperatives (VMDAEC); one of whom shall be an expert with experience
developing low-income or moderate-income incentive and loan programs for distributed
renewable energy resources; and one of whom shall be an attorney who is
licensed to practice in the Commonwealth and maintains a legal practice
dedicated to rural development, rural electrification, and energy policy;
2. Three nonlegislative citizen members to be appointed by the
Senate Committee on Rules upon consideration of the recommendations of the MDV-SEIA
CHESSA Board, one of whom shall be a solar energy
professional or employer or representative of solar energy professionals, one
of whom shall work for or with an investor-owned electric utility company based
in the Commonwealth, and one of whom shall be a member or representative of
VMDAEC; and
3. Seven nonlegislative citizen members to be appointed by the
Governor upon consideration of the recommendations of the
MDV-SEIA CHESSA
Board and the Council and subject to confirmation by the General Assembly, one
of whom shall be an attorney who is licensed to practice in the Commonwealth
and maintains a legal practice in renewable energy law and transactions, one of
whom shall be an attorney who is licensed to practice in the Commonwealth and
specializes in tax law and energy transactions, one of whom shall be an
attorney with the Division of Consumer Counsel created pursuant to the
provisions of § 2.2-517, one of whom shall be an employee of a community
development financial institution who specializes in impact investing, one of
whom shall be a member of a Virginia environmental organization, and two of
whom shall be designees of the Department of Housing and Community Development,
created pursuant to the provisions of Chapter 8 (§ 36-131 et seq.) of Title 36.
B. The Director or his designee shall serve ex officio with voting privileges and shall assist in convening the meetings of the Board.
C. Nonlegislative citizen members of the Board shall be citizens of the Commonwealth. The ex officio member of the Board shall serve a term coincident with his term of office. Nonlegislative citizen members shall be appointed for a term of three years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed.
D. The Board shall elect a chairman and vice-chairman from among its membership. A majority of the members shall constitute a quorum. The meetings of the Board shall be held at the call of the chairman or whenever the majority of the members so request.
§ 45.2-1915. Powers and duties of the Board; report.
The Board has the powers and duties to:
1. Advise the Director on the management of the Fund pursuant to the provisions of § 45.2-1916;
2. Develop, establish,
and operate, with the approval of the Director, the Program pursuant to the
provisions of § 45.2-1917;
3.
Advise the Director on the possibility of working with a community development
financial institution or other financial institutions to further the purposes
of the Program;
4. 3. Advise
the Director on the distribution of moneys in the Fund in the form of loans or rebates financial incentives pursuant
to the provisions of § 45.2-1917; and
5. 4. Submit to
the Governor and the General Assembly an annual report for publication as a report
document as provided in the procedures of the Division of Legislative Automated
Systems for the processing of legislative documents and reports. The chairman
shall submit to the Governor and the General Assembly an annual executive
summary of the interim activity and work of the Board no later than the first
day of each regular session of the General Assembly. The executive summary
shall be submitted for publication as a report document as provided in the
procedures of the Division of Legislative Automated Systems for the processing
of legislative documents and reports and shall be posted on the General
Assembly's website.
§ 45.2-1916. Low-to-Moderate Income Solar Fund.
There is hereby established in the state treasury a special
nonreverting fund to be known as the Low-to-Moderate Income Solar Loan and Rebate Fund. The Fund
shall be established on the books of the Comptroller. All funds appropriated
for such purpose and any gifts, donations, grants, bequests, and other funds
received on its behalf shall be paid into the state treasury and credited to
the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be
credited to it. Any moneys remaining in the Fund, including interest thereon,
at the end of each fiscal year shall not revert to the general fund but shall
remain in the Fund. Moneys in the Fund shall be used solely for the purposes of extending loans or paying rebates providing financial incentives
to electric customers who complete solar installations
or and
energy efficiency improvements pursuant to the provisions of § 45.2-1917.
Expenditures and disbursements from the Fund shall be made by the State
Treasurer on warrants issued by the Comptroller upon written request signed by
the Director.
§ 45.2-1917. Low-to-Moderate Income Solar Pilot Program.
A. The Board, with the approval of the Director, shall develop
and establish a Low-to-Moderate Income Solar
Loan and Rebate Pilot Program and
rules guidelines
for the loan or rebate financial incentive
application process. The Program shall be open to any Virginia resident whose
household income is at or below 80 percent of the state median income or
regional median income, whichever is greater. The Program shall allow only one loan
financial incentive per residence, irrespective of the
ownership of the solar energy system that is installed. Such loan
financial incentive shall be available only for a solar
installation or energy efficiency improvements pursuant to the provisions of
Chapter 1.2 (§ 36-55.24 et seq.) of Title 36.
B. The Board Director shall accept an
application only from the installer of the solar installation or the agent of
the customer.
Each application shall include (i)
12 months of the customer's utility bills prior to installation of the solar
energy system and an agreement to provide 12 months of utility bills to the
Board following the installation
evidence demonstrating that the household has been weatherized within the past
five years by an authorized weatherization assistance provider or other provider
approved by the Department of Housing and Community Development;
(ii) the customer's permission for the Director to (a) create a customer
profile for the customer if he becomes an eligible loan or rebate customer, (b)
aggregate the data provided by such eligible loan or rebate customers, and (c)
use such aggregate data for the purpose of lowering energy costs and
implementing effective programs; (iii) evidence of the completion of a home
performance audit, conducted by a qualified local weatherization service
provider or provider approved by the Department of Housing
and Community Development, before and after installation of
energy efficiency services such as lighting or insulation improvements, attic
tents, weatherization, air sealing of openings in the building envelope,
sealing of ducts, or thermostat upgrades, to demonstrate that such energy
efficiency services were completed and resulted in a
reduction in consumption of at least 12 percent; and (iv)
an affidavit attesting to the receipt of a public benefit at the time the solar
energy system is to be installed.
C. The Board Director shall review each
application submitted to it
on a first-come, first-served basis and
shall recommend to the Director the approval or denial
of each such application within 30 days of receipt.
If the Director approves an application, he shall hold a reservation of funds
for as long as 180 days for final
loan or rebate claim and disbursement
program guidelines require.
D. A customer whose application is approved may install an energy system that is interconnected pursuant to the provisions of § 56-594 or any section in Title 56 that addresses net energy metering provisions for electric cooperative service territories.
E. All of the work of installing the energy system shall be
completed by a licensed contractor that (i) possesses an Alternative Energy
System (AES) Contracting specialty as defined by the Board for Contractors
pursuant to the provisions of Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1;
(ii) possesses certification for solar installation from the North American
Board of Certified Energy Practitioners, Solar Energy International, Roof
Integrated Solar Energy, or a similar installer certification program; (iii)
possesses a rating of "A" or higher from the local Better Business
Bureau; and (iv) has installed a minimum of 150 net-metered residential solar
systems in the Commonwealth. If the
work of installing the solar energy system requires electrical work, such work
shall be completed by an electrical contractor licensed by the Department of
Professional and Occupational Regulation. All photovoltaic panels, inverters,
and other electrical apparatus used in the solar energy system shall be tested
and certified by a federal Occupational Safety and Health Administration
Nationally Recognized Testing Laboratory such as UL LLC and installed in
compliance with manufacturer specifications and all applicable building and
electrical codes.
F. The customer or the installer, acting on behalf of the
customer, shall submit any loan or rebate
claim within 90 days of completion of the installation of the solar energy
system, with completion deemed to have occurred once the solar energy system's
bi-directional meter or net meter, or the respective utility's revenue grade
meter, has been installed and the system has been electrified. Each rebate claim shall include, at
a minimum, a date of system electrification and a time-stamped and date-stamped
verification of (i) bi-directional net meter delivery or (ii) the operation of
a compatible programmed smart meter capable of tracking net metering activity.
G. The Director shall review and approve or deny a loan or rebate claim within 60
days of receipt and shall provide a written explanation of each denial to the
respective claimant. The Director shall disburse from the Fund created pursuant
to § 45.2-1916 the loan or rebate financial incentive for each
approved claim within 60 days of its receipt of the claim and according to the
order in which its respective application was approved. Any
rebate or grant financial incentive
shall be in the amount of no more than $2 per DC watt
for up to six kilowatts of
solar capacity installed a
maximum of $12,000. The customer may use a rebate in
addition to any federal tax credits or state incentives or enhancements earned
for the same solar installation.