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2023 SESSION

Senate Bills with Governor's Recommendations

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S.B. 1231. An Act to amend and reenact § 56-585.5 of the Code of Virginia, relating to renewable energy; biomass-fired facilities; Department of Forestry advisory panel; report.

Patron--Lewis

Passed Senate February 6, 2023 (39-Y 0-N)

House substitute agreed to by Senate February 22, 2023 (40-Y 0-N)

GOVERNOR'S RECOMMENDATION

 

    1. Line 77, enrolled, after solar
      insert
        , zero-emission hydrogen, nuclear technology constructed after January 1, 2022, and located in the Commonwealth or physically located within the PJM region,
         
    2. After line 447, enrolled
      insert
        4. A Phase I or Phase II utility shall not permanently retire an electric power generation facility without first obtaining an order from the Commission that the retirement, after considering the impact of the proposed retirement on reliability or security of electric service to customers, is reasonable and prudent.
         
    3. After line 447, enrolled
      insert
        5. That the State Corporation Commission (the Commission) may extend the required timeframes contained in § 56-585.5 of the Code of Virginia, as amended by this act, as it deems necessary if it finds that compliance with such requirements would threaten the reliability or security of electric service to customers. The Commission may, on its own motion, initiate a proceeding to determine the necessity of extending such timeframes. Where requirements are waived or applications are denied or modified on the basis of grid reliability or security, no Phase I or Phase II Utility shall be subject to the renewable energy portfolio standard deficiency payments that would otherwise result from such a ruling pursuant to § 56-585.5 of the Code of Virginia, as amended by this act.
         
    4. After line 447, enrolled
      insert
        6. That notwithstanding §§ 56-576 and 56-585.5, as amended by this act, of the Code of Virginia, a non-fossil-fueled waste-wood biomass electric generating facility operated by a non-Phase I or non-Phase II Utility, or its wholly owned affiliate, that also has online at least 148 megawatts of resources producing renewable energy as that term is defined in § 56-576 of the Code of Virginia shall be deemed a renewable energy portfolio standard (RPS) eligible source.