SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2023 SESSION
23106898DBe it enacted by the General Assembly of Virginia:
1. That §§ 30-202 through 30-205, 30-209, 45.2-1712, 45.2-1713, and 56-599 of the Code of Virginia are amended and reenacted as follows:
§ 30-202. (Expires July 1, 2024) Membership; terms.
The Commission shall consist of 10 legislative 13
members that include 10 legislative members and three nonlegislative citizen
members. Members shall be appointed as follows: four members of the Senate
to be appointed by the Senate Committee on Rules and that consist of
three members from the majority party and one member from the minority party or
an equal number from each in the event the chamber is evenly divided; six
members of the House of Delegates to be appointed by the Speaker of the House
of Delegates in accordance with the principles of proportional representation
contained in the Rules of the House of Delegates; one nonlegislative citizen
member with expertise in public utility regulation to be appointed by the
Senate Committee on Rules; one nonlegislative citizen member with expertise in
public utility regulation to be appointed by the Speaker of the House of
Delegates; and one nonlegislative citizen member with expertise in public
utility regulation to be appointed by the Governor. Nonlegislative citizen
members of the Commission shall be citizens of the Commonwealth. Any
member of the Commission appointed on or after July 1, 2023 shall complete
within 90 days of his appointment, an orientation on electric utility
regulation provided by the State Corporation Commission.
Members Legislative members of the Commission
shall serve terms coincident with their terms of office. Nonlegislative
citizen members shall be appointed for a term of two years. All members may
be reappointed. Appointments to fill vacancies, other than by expiration of a
term, shall be made for the unexpired terms. Vacancies shall be filled in the
same manner as the original appointments.
The Commission shall elect a chairman and vice-chairman from among its membership. The chairman of the Commission shall be authorized to designate one or more members of the Commission to observe and participate in the discussions of any work group convened by the State Corporation Commission in furtherance of its duties under the Virginia Electric Utility Regulation Act (§ 56-576 et seq.) and this chapter. Members participating in such discussions shall be entitled to compensation and reimbursement provided in § 30-204, if approved by the Joint Rules Committee or its Budget Oversight Subcommittee.
§ 30-203. (Expires July 1, 2024) Quorum; meetings; voting on recommendations.
A majority of the members shall constitute a quorum. The Commission shall meet at least twice per year; meetings of the Commission shall be held at the call of the chairman or whenever the majority of the members so request.
No recommendation of the Commission shall be adopted if a majority of the Senate members or a majority of the House members appointed to the Commission (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the Commission.
§ 30-204. (Expires July 1, 2024) Compensation; expenses.
Members Legislative members of the Commission
shall receive such compensation as provided in § 30-19.12 and shall be
reimbursed for all reasonable and necessary expenses incurred in the
performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Unless
otherwise approved in writing by the chairman of the Commission, nonlegislative
citizen members shall only be reimbursed for travel originating and ending
within the Commonwealth for the purpose of attending meetings. However, all
such compensation and expenses shall be paid from existing appropriations to
the Commission or, if unfunded, shall be approved by the Joint Rules Committee.
§ 30-205. (Expires July 1, 2024) Powers and duties of the Commission.
The Commission shall have the following powers and duties:
1. Monitor the work of the State Corporation Commission in
implementing Chapter 23 (§ 56-576 et seq.) of Title 56, receiving.
The Commission shall receive an annual report from the State Corporation
Commission by November 1 regarding such implementation and shall receive
such other reports as the Commission may be required to make pursuant
thereto, including reviews, analyses, and impact on consumers of electric
utility regulation in other states;
2. Examine generation, transmission and distribution systems reliability concerns;
3. Establish one or more subcommittees, composed of its
membership, persons with expertise in the matters under consideration by the
Commission, or both, to meet at the direction of the chairman of the
Commission, for any purpose within the scope of the duties prescribed to the
Commission by this section, provided that such persons who are not members of
the Commission shall serve without compensation but shall be entitled to be
reimbursed from funds appropriated or otherwise available to the Commission for
reasonable and necessary expenses incurred in the performance of their duties;
and
4. Consider legislation referred to it during any session of the General Assembly or other requests by members of the General Assembly; and
5. Report annually to the General Assembly and the Governor with such recommendations as may be appropriate for legislative and administrative consideration in order to maintain reliable service in the Commonwealth while preserving the Commonwealth's position as a low-cost electricity market.
§ 30-209. (Expires July 1, 2024) Sunset.
This chapter shall expire on July 1, 2024 2029.
§ 45.2-1712. Annual reporting by investor-owned public utilities.
Each investor-owned public utility providing electric service in the Commonwealth shall prepare an annual report disclosing its efforts to conserve energy, including (i) its implementation of customer demand-side management programs and (ii) efforts by the utility to improve efficiency and conserve energy in its internal operations pursuant to § 56-235.1. The utility shall submit each annual report to the Division and the Commission on Electric Utility Regulation by November 1 of each year, and the Division shall compile the reports of the utilities and submit the compilation to the Governor and the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.
§ 45.2-1713. Submission of the Plan.
Upon completion, the Division shall submit the Plan, including periodic updates thereto, to the Governor, the Commissioners of the State Corporation Commission, and the General Assembly and shall present the Plan to the Commission on Electric Utility Regulation at a public meeting. The Plan shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents. The Plan's executive summary shall be posted on the General Assembly's website.
§ 56-599. Integrated resource plan required.
A. Each electric utility shall file an updated integrated resource plan by July 1, 2015. Thereafter, each electric utility shall file an updated integrated resource plan by May 1, in each year immediately preceding the year the utility is subject to a triennial review filing. A copy of each integrated resource plan shall be provided to the Chairman of the House Committee on Labor and Commerce, the Chairman of the Senate Committee on Commerce and Labor, and to the Chairman of the Commission on Electric Utility Regulation. All updated integrated resource plans shall comply with the provisions of any relevant order of the Commission establishing guidelines for the format and contents of updated and revised integrated resource plans. Each integrated resource plan shall consider options for maintaining and enhancing rate stability, energy independence, economic development including retention and expansion of energy-intensive industries, and service reliability.
B. In preparing an integrated resource plan, each electric utility shall systematically evaluate and may propose:
1. Entering into short-term and long-term electric power purchase contracts;
2. Owning and operating electric power generation facilities;
3. Building new generation facilities;
4. Relying on purchases from the short term or spot markets;
5. Making investments in demand-side resources, including energy efficiency and demand-side management services;
6. Taking such other actions, as the Commission may approve, to diversify its generation supply portfolio and ensure that the electric utility is able to implement an approved plan;
7. The methods by which the electric utility proposes to acquire the supply and demand resources identified in its proposed integrated resource plan;
8. The effect of current and pending state and federal environmental regulations upon the continued operation of existing electric generation facilities or options for construction of new electric generation facilities;
9. The most cost effective means of complying with current and pending state and federal environmental regulations, including compliance options to minimize effects on customer rates of such regulations;
10. Long-term electric distribution grid planning and proposed electric distribution grid transformation projects;
11. Developing a long-term plan for energy efficiency measures to accomplish policy goals of reduction in customer bills, particularly for low-income, elderly, and disabled customers; reduction in emissions; and reduction in carbon intensity; and
12. Developing a long-term plan to integrate new energy storage facilities into existing generation and distribution assets to assist with grid transformation.
C. As part of preparing any integrated resource plan pursuant to this section, each utility shall conduct a facility retirement study for owned facilities located in the Commonwealth that emit carbon dioxide as a byproduct of combusting fuel and shall include the study results in its integrated resource plan. Upon filing the integrated resource plan with the Commission, the utility shall contemporaneously disclose the study results to each planning district commission, county board of supervisors, and city and town council where such electric generation unit is located, the Department of Energy, the Department of Housing and Community Development, the Virginia Employment Commission, and the Virginia Council on Environmental Justice. The disclosure shall include (i) the driving factors of the decision to retire and (ii) the anticipated retirement year of any electric generation unit included in the plan. Any electric generating facility with an anticipated retirement date that meets the criteria of § 45.2-1701.1 shall comply with the public disclosure requirements therein.
D. As part of preparing any integrated resource plan pursuant to this section, each utility shall make a draft of the updated integrated resource plan available to the public and shall conduct outreach to engage the public and provide opportunities for the public to contribute information and ideas, as well as the ability for the public to make relevant inquiries, to the utility when formulating its integrated resource plan. Each utility shall report its public outreach efforts to the Commission. Additionally, each utility shall conduct an ongoing stakeholder review process for the purpose of considering, and inviting stakeholder input and review on, changes to the utility's integrated resource plan development methodology and modeling inputs and assumptions. The stakeholder review process shall include representatives from multiple interest groups, including residential and industrial classes of ratepayers. Each utility shall, at the time of the filing of its integrated resource plan, indicate to the Commission the composition of current and prospective stakeholders and report on any stakeholder meetings that have occurred prior to the filing date.
E. The Commission shall analyze and review an integrated resource plan and, after giving notice and opportunity to be heard, the Commission shall make a determination within nine months after the date of filing as to whether such an integrated resource plan is reasonable and is in the public interest.