Virginia 2024 Regular Session Status: Enacted

SB 255 — Shared solar programs; SCC to establish by regulation, etc.

Last action — Impact statement from SCC (SB255ER)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 08, 2024.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Shared solar programs; American Electric Power; minimum bill; capacity. Requires the State Corporation Commission to establish by regulation a shared solar program, as defined in the bill, through which customers of American Electric Power may purchase electric power through a subscription in a shared solar facility, as defined in the bill. The bill requires the Commission to establish a minimum bill, which shall include the costs of all utility infrastructure and services used to provide electric service and administrative costs of the shared solar program, taking into account certain considerations. The bill directs the Commission to initiate a proceeding to recalculate such minimum bill within 30 days of its final order in a proceeding establishing the value of a solar renewable energy certificate as required by relevant law. The bill specifies that the Commission shall establish the shared solar program consistent with the requirements of the bill by January 1, 2025, and shall require each utility to file any associated tariffs, agreements, or forms necessary for implementing the program by July 1, 2025. Additionally, the bill requires the Department of Energy to convene a stakeholder work group to determine the amounts and forms of certain project incentives and to submit a written report to the Chairs of the House Committee on Labor and Commerce and the Senate Committee on Commerce and Labor no later than November 30, 2024. This bill is identical to HB 108.

Bill Text

What changed in the latest version

147 added · 140 removed

Plain-language change summary

The recently approved Bill SB 255 introduces a new section in Virginia's Code regarding shared solar programs, detailing terms like "minimum bill" and the definition of a "bill credit." These changes clarify how solar energy subscribers will be billed and the minimum amounts they must pay each month, even after receiving credits for their solar energy usage. This matters because it ensures that subscribers have a clear understanding of their costs, encouraging more participation in renewable energy initiatives. Additionally, the inclusion of terms related to agricultural use indicates a push for integrating solar energy production with farming, which can promote sustainable practices.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend the Code of Virginia by adding a section numbered 56-594.4, relating to shared solar programs;
VIRGINIA ACTS OF ASSEMBLY -- 2024 SESSION CHAPTER 765 An Act to amend the Code of Virginia by adding a section numbered 56-594.4, relating to shared solar programs;
R O [S 255] Approved L L Be it enacted by the General Assembly of Virginia:
[S 255] Approved April 8, 2024 Be it enacted by the General Assembly of Virginia:
E § 56-594.4.
§ 56-594.4.
D "Administrative cost" means the reasonable incremental cost to the investor-owned utility to process subscribers' bills for the program.
A.
"Applicable bill credit rate" means the dollar-per-kilowatt-hour rate used to calculate the subscriber's bill credit.
As used in this section:
"Bill credit" means the monetary value of the electricity, in kilowatt-hours, generated by the shared solar facility allocated to a subscriber to offset that subscriber's electricity bill.
"Administrative cost" means the reasonable incremental cost to the investor-owned utility to process subscribers' bills for the program.
"Dual-use agricultural facility" means agricultural production and electricity production frBm solar photovoltaic panels occurring simultaneously on the same property.
"Applicable bill credit rate" means the dollar-per-kilowatt-hour rate used to calculate the sub"Bill credit" means the monetary value of the electricity, in kilowatt-hours, generated by the shared solar facility allocated to a subscriber to offset that subscriber's electricity bill.
5 monthly energy consumption before any bill credits are applied.he utility based on the customerEs "Incremental cost" means any cost directly caused by the implementation of the shared solar R program that would not have occurred absent the implementation of the shared solar program.
"Dual-use agricultural facility" means agricultural production and electricity production from solar photovoltaic panels occurring simultaneously on the same property.
"Gross bill" means the amount that a customer would pay to the utility based on the customer's monthly energy consumption before any bill credits are applied.
"Incremental cost" means any cost directly caused by the implementation of the shared solar program that would not have occurred absent the implementation of the shared solar program.
"Shared solar facility" means a facility that:ided in subdivision A 1 of § 56-585.1.
"Phase I Utility" has the same meaning as provided in subdivision A 1 of § 56-585.1.
"Shared solar facility" means a facility that:
and "Shared solar program" or "program" means the program created through the adoption of rules to allow for the development of shared solar facilities.
and 5.
Is located on a single parcel of land.
"Shared solar program" or "program" means the program created through the adoption of rules to allow for the development of shared solar facilities.
A subscriber organization licensed with the utility service territory.le to own or operate shared solar facilities in more than one investor-owned "Subscription" means a contract or other agreement between a subscriber and the owner of a shared solar facility.
A subscriber organization licensed with the Commission shall be eligible to own or operate shared solar facilities in more than one investor-owned utility service territory.
"Subscription" means a contract or other agreement between a subscriber and the owner of a shared solar facility.
Under its shared solar program, a utility shall provide a bill credit for the proportional output of a shared solar facility attributable to that sub1.
Under its shared solar program, a utility shall provide a bill credit for the proportional output of a shared solar facility attributable to that subscriber.
The value of the bill credit for the subscriber shall be calculated by multiplying the subscriber's portion of the kilowatt-hour electricity production from the shared solar facility by the applicable bill of 3 credit rate for the subscriber.
The shared solar program shall be administered as follows:
1.
The value of the bill credit for the subscriber shall be calculated by multiplying the subscriber's portion of the kilowatt-hour electricity production from the shared solar facility by the applicable bill credit rate for the subscriber.
2.
of 3 2.
of 3 provide guidelines for determining when two or more such facilities are co-located;
10.
parcel of land and 11.
Allow for the co-location of two or more shared solar facilities on a single parcel of land and provide guidelines for determining when two or more such facilities are co-located;
11.
E 12.
12.
R 13.
of 3 13.
Require a customer's affirmative consent by written or electronic signature before providing acc14.
Require a customer's affirmative consent by written or electronic signature before providing access to customer billing and usage data to a subscriber organization;
14.
L 15.
15.
Require net financial savings for low-income customers, as that term is defined in § 56-L94.3, of at least ten percent, relative to the subscription fee throughout the life of the subscription;
Require net financial savings for low-income customers, as that term is defined in § 56-594.3, of at least 10 percent, relative to the subscription fee throughout the life of the subscription;
Allow the utility to recover as the cost of purchased power pursuant to § 56-249.6 any dEfference subscriber organization.provided to the subscriber and the cost of energy injected into the griD by the G.
Allow the utility to recover as the cost of purchased power pursuant to § 56-249.6 any difference between the bill credit provided to the subscriber and the cost of energy injected into the grid by the subscriber organization.
G.
That, pursuant to subdivision B 8 of § 56-594.4 of the Code of Virginia, as created by this act, the amounts and forms of project incentives and shall document the proceedings of theetermine stakeholder work group, submit a written report to the Chairs of the House Committee on Labor S and Commerce and the Senate Committee on Commerce and Labor no later than November 30, 2 2024, and make copies of such report publicly available on the Department's website at the same5 time as submission to the House and Senate Committees.
That, pursuant to subdivision B 8 of § 56-594.4 of the Code of Virginia, as created by this act, the Department of Energy (the Department) shall convene a stakeholder work group to determine the amounts and forms of project incentives and shall document the proceedings of the stakeholder work group, submit a written report to the Chairs of the House Committee on Labor and Commerce and the Senate Committee on Commerce and Labor no later than November 30, 2024, and make copies of such report publicly available on the Department's website at the same time as submission to the House and Senate Committees.
In establishing such project incentives,R Virginia Brownfield and Coal Mine Renewable Energy Grant Program established pursuant tofrom the Article 7 (§ 45.2-1725) of Chapter 17 of Title 45.2 of the Code of Virginia.
In establishing such project incentives, the Department shall give special consideration to projects seeking to leverage funding from the Virginia Brownfield and Coal Mine Renewable Energy Grant Program established pursuant to Article 7 (§ 45.2-1725) of Chapter 17 of Title 45.2 of the Code of Virginia.
That the State Corporation Commission shall initiate a proceeding to recalculate the minimum bill in accordance with § 56-594.4 of the Code of the Virginia, as created by this act, within 30 days of its final order in the proceeding required by § 56-594 of the Code of Virginia.
That the State Corporation Commission shall initiate a proceeding to recalculate the minimum bill in accordance with § 56-594.4 of the Code of Virginia, as created by this act, within 30 days of its final order in the proceeding required by § 56-594 of the Code of Virginia.
View plain text versions (5)

Action History

  1. Impact statement from SCC (SB255ER)

  2. Acts of Assembly Chapter text (CHAP0765)

  3. Approved by Governor-Chapter 765 (effective 7/1/24)

  4. Governor's Action Deadline 11:59 p.m., April 8, 2024

  5. Enrolled Bill Communicated to Governor on March 11, 2024

  6. Signed by President

  7. Signed by Speaker

  8. Bill text as passed Senate and House (SB255ER)

  9. Enrolled

  10. Title replaced 24107951D-H1

  11. House substitute agreed to by Senate (21-Y 18-N)

  12. Impact statement from SCC (SB255S1)

  13. VOTE: Passage (52-Y 46-N)

  14. Passed House with substitute with amendment (52-Y 46-N)

  15. Engrossed by House - committee substitute with amendment SB255H1

  16. Amendment by Delegate Sullivan agreed to

  17. Committee substitute agreed to 24107951D-H1

  18. Read third time

  19. House committee, floor amendments and substitutes offered

  20. Senate committee, floor amendments and substitutes offered

  21. House committee, floor amendments and substitutes offered

  22. Read second time

  23. Committee substitute printed 24107951D-H1

  24. Reported from Labor and Commerce with substitute (14-Y 8-N)

  25. Referred to Committee on Labor and Commerce

  26. Read first time

  27. Placed on Calendar

  28. Read third time and passed Senate (21-Y 16-N)

  29. Engrossed by Senate - committee substitute SB255S1

  30. Committee substitute agreed to 24107080D-S1

  31. Reading of substitute waived

  32. Read second time

  33. Constitutional reading dispensed (39-Y 0-N)

  34. Committee substitute printed 24107080D-S1

  35. Reported from Commerce and Labor with substitute (10-Y 5-N)

  36. Senate committee, floor amendments and substitutes offered

  37. Impact statement from SCC (SB255)

  38. Referred to Committee on Commerce and Labor

  39. Prefiled and ordered printed; offered 01/10/24 24102100D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on · 64 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 21 Yea · 18 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 211801
Total 211801
% of votes cast 53%45%0%3%
How each member voted (40)

Official roll call →

VOTE: Passage (52-Y 46-N)

Passed 51 Yea · 46 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 514602
Total 514602
% of votes cast 52%46%0%2%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Nay
Arnold, Jonathan, E. P. — Nay
Atoosa R. Reaser — Yea
Batten, Amanda E. — Nay
Betsy B. Carr — Yea
Bill Wiley — Nay
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Nay
Coyner, Carrie E. — Nay
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Nay
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Nay
Ennis, N. Baxter — Nay
Eric Phillips — Nay
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Nay
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Green, W. Chad — Nay
H. Otto Wachsmann, Jr. — Nay
Higgins, Geary — Nay
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Nay
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Nay
Jason S. Ballard — Nay
Jeion A. Ward — Not Voting
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Nay
Knight, Barry D. — Nay
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Nay
Luke E. Torian — Yea
M. Keith Hodges — Nay
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Nay
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mike A. Cherry — Nay
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Orrock, Robert D., Sr. — Nay
Owen, David — Nay
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Nay
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Nay
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Nay
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Not Voting
Terry G. Kilgore — Nay
Terry L. Austin — Nay
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Nay
Timothy P. Griffin — Nay
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Nay
Will Davis — Nay
Wren M. Williams — Nay

Official roll call →

Passed 14 Yea · 8 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14800
Total 14800
% of votes cast 64%36%0%0%
How each member voted (22)

Official roll call →

Passed 21 Yea · 16 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211603
Total 211603
% of votes cast 53%40%0%8%
How each member voted (40)

Official roll call →

Passed 10 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10500
Total 10500
% of votes cast 67%33%0%0%
How each member voted (15)
Member Party Vote
Aaron R. Rouse — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Ryan T. McDougle — Nay
Scott A. Surovell — Yea
William M. Stanley, Jr. — Nay

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)

Official roll call →

Subjects

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Frequently asked questions

What does SB 255 do?
Shared solar programs; American Electric Power; minimum bill; capacity. Requires the State Corporation Commission to establish by regulation a shared solar program, as defined in the bill, through which customers of American Electric Power may purchase electric power through a subscription in a shared solar facility, as defined in the bill. The bill requires the Commission to establish a minimum bill, which shall include the costs of all utility infrastructure and services used to provide electric service and administrative costs of the shared solar program, taking into account certain considerations. The bill directs the Commission to initiate a proceeding to recalculate such minimum bill within 30 days of its final order in a proceeding establishing the value of a solar renewable energy certificate as required by relevant law. The bill specifies that the Commission shall establish the shared solar program consistent with the requirements of the bill by January 1, 2025, and shall require each utility to file any associated tariffs, agreements, or forms necessary for implementing the program by July 1, 2025. Additionally, the bill requires the Department of Energy to convene a stakeholder work group to determine the amounts and forms of certain project incentives and to submit a written report to the Chairs of the House Committee on Labor and Commerce and the Senate Committee on Commerce and Labor no later than November 30, 2024. This bill is identical to HB 108.
Who sponsors SB 255?
SB 255 is sponsored by Scott A. Surovell and David R. Suetterlein.
What is the current status of SB 255?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track SB 255?
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