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2024 SESSION

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24100611D
HOUSE BILL NO. 1027 Offered January 10, 2024 Prefiled January 10, 2024 A BILL to amend the Code of Virginia by adding a section numbered 45.2-1705.1, relating to energy policy of the Commonwealth; state authority; legislative declaration. ---------- Patron-- Zehr ---------- Referred to Committee on Labor and Commerce ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 45.2-1705.1 as follows:

§ 45.2-1705.1. Energy policy and state authority; legislative declaration.

A. As used in this section, "electric utility" has the same definition as provided in § 56-576.

B. The General Assembly hereby finds and declares that:

1. Affordable, reliable, and secure energy resources are important to the health, safety, and welfare of the Commonwealth's citizens;

2. The Commonwealth has invested significant resources in the development of affordable, reliable, and secure energy resources within the Commonwealth;

3. The Tenth Amendment to the United States Constitution directs that powers that are not delegated to the United States are reserved to the states or to the people;

4. Virginia, as one of the sovereign states within the Union, has constitutional authority to enact laws protecting the environment of the Commonwealth and safeguarding the health, safety, and welfare of its citizens; and

5. The Commonwealth has a duty to defend the production and supply of affordable, reliable, and secure energy from external regulatory interference.

C. If the State Corporation Commission or an electric utility receives notice of any federal regulation that may threaten the production or supply of affordable, reliable, and secure energy within the Commonwealth, the State Corporation Commission or such electric utility shall inform the Office of the Attorney General of such regulation within 30 days of the receipt of such notice.

D. After being informed as described in subsection C, the Office of the Attorney General shall take any action necessary to defend the Commonwealth's interest in the production and supply of affordable, reliable, and secure energy, including filing an action in court or participating in administrative proceedings.