Virginia 2017 Regular Session Status: Enacted

SB 1394 — Small agricultural generators; establishes parameters of a program.

Last action — Approved by Governor-Chapter 581 (effective 7/1/17)

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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 11, 2017. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 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

Establishes the parameters of a program under which small agricultural generators may sell the electricity generated from a small agricultural generating facility to its utility. Effective July 1, 2019, enrollment by eligible agricultural customer-generators in an existing net energy metering program conducted by an electric cooperative will cease, though a cooperative's customers who were participating as eligible agricultural customer-generators before that date are allowed to remain in the net metering program for not more than 25 years. A small agricultural generator is defined in this measure as a customer who operates an electrical generating facility as part of an agricultural business, which generating facility, among other conditions, has a capacity of not more than 1.5 megawatts, uses renewable energy as its total source of fuel, has a capacity that does not exceed 150 percent of the customer's expected annual energy consumption based on the previous 12 months of billing history, uses not more than 25 percent of contiguous land owned or controlled by the agricultural business for purposes of the renewable energy generating facility, and is a PURPA qualifying small power production facility. The program for small agricultural generators requires the generator to enter into a power purchase agreement with its supplier to sell all of the electricity generated at a rate not less than the supplier's State Corporation Commission-approved avoided cost tariff for energy and capacity. The program also provides for utilities to recover distribution service costs and costs incurred to purchase electricity, capacity, and renewable energy certificates from the small agricultural generator through its Renewable Energy Portfolio Standard (RPS) rate adjustment clause if the utility has a Commission-approved RPS plan and rate adjustment clause or, if the utility does not have a Commission-approved RPS rate adjustment clause, then the costs shall be recoverable through the supplier's fuel adjustment clause or through the utility's cost of purchased power. Finally, the measure directs the Commission to conduct a single docketed proceeding to implement the provisions of this measure. The bill incorporates

Bill Text

What changed in the latest version

77 added · 77 removed

Plain-language change summary

The amendment clarifies the regulations regarding net energy metering for agricultural customer-generators who are served by electric cooperatives. It specifies that these customer-generators can choose to interconnect as either small agricultural generators or eligible agricultural customer-generators, but not both. This change is important because it helps streamline the process and ensures that the regulations do not adversely impact public interest while allowing for the continued use of renewable energy by farmers. Additionally, it sets a clear timeline for when these interconnection options will change, providing certainty for those affected.

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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact § 56-594 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-594.2, relating to small agricultural generators;
SESSION history | hilite | pdf | print version CHAPTER 581 An Act to amend and reenact § 56-594 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-594.2, relating to small agricultural generators;
[S 1394] Approved   Be it enacted by the General Assembly of Virginia:
[S 1394] Approved March 16, 2017   Be it enacted by the General Assembly of Virginia:
View plain text versions (4)

Action History

  1. Approved by Governor-Chapter 581 (effective 7/1/17)

  2. Governor's Action Deadline Midnight, March 27, 2017

  3. Enrolled Bill Communicated to Governor on 2/28/17

  4. Signed by Speaker

  5. Signed by President

  6. Enrolled

  7. Passed House (85-Y 9-N 2-A)

  8. Read third time

  9. Read second time

  10. Referred to Committee on Commerce and Labor

  11. Read first time

  12. Placed on Calendar

  13. Engrossed by Senate - committee substitute SB1394S1

  14. Committee substitute agreed to 17104770D-S1

  15. Reading of substitute waived

  16. Read second time

  17. Incorporates SB917 (Edwards)

  18. Assigned C&L sub: Renewable Energy

  19. Referred to Committee on Commerce and Labor

  20. Prefiled and ordered printed; offered 01/11/17 17102605D

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 145 not signed on · 8 voted No

Sponsors (1)

  • Frank W. Wagner

Not signed on (145)

145 members have not signed on to this bill.

Show all 145 →

"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 House

Passed 85 Yea · 9 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 85900
Total 85900
% of votes cast 90%10%0%0%
How each member voted (94)
Member Party Vote
Albo — Yea
Collins — Yea
Habeeb — Yea
Landes — Yea
LeMunyon — Yea
Villanueva — Yea
Yancey — Yea
Bell, Richard P. — Yea
Cline — Yea
Jones — Yea
Miller — Yea
Mr. Speaker — Yea
Adams — Nay
Greason — Yea
Helsel — Yea
Hester — Yea
Holcomb — Yea
Hugo — Yea
Ingram — Yea
James — Yea
Lindsey — Yea
Lingamfelter — Yea
Loupassi — Yea
Massie — Yea
Minchew — Yea
O'Bannon — Yea
Peace — Yea
Pogge — Yea
Stolle — Yea
Toscano — Yea
Yost — Yea
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Yea
Bell, John J. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bourne, Jeffrey M. — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Charniele L. Herring — Yea
Cole, Mark L. — Yea
Cox, M. Kirkland — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Edmunds, James E., II — Yea
Fariss, C. Matthew — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Heretick, Steve E. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jessica L. Anderson — Yea
Keam, Mark L. — Nay
Knight, Barry D. — Yea
Kory, Kaye — Nay
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Levine, Mark H. — Nay
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Nay
Marshall, Daniel W., III — Yea
Marshall, Daniel W., III — Yea
Michael J. Webert — Yea
Miyares, Jason S. — Yea
Mullin, Michael P. — Nay
Murphy, Kathleen — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Nay
Paul E. Krizek — Yea
Plum, Kenneth R. — Yea
Poindexter, Charles D. — Yea
R. Lee Ware — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rush, Nick — Yea
Sam Rasoul — Nay
Sickles, Mark D. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Yea
Vivian E. Watts — Yea

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Subjects

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Frequently asked questions

What does SB 1394 do?
Establishes the parameters of a program under which small agricultural generators may sell the electricity generated from a small agricultural generating facility to its utility. Effective July 1, 2019, enrollment by eligible agricultural customer-generators in an existing net energy metering program conducted by an electric cooperative will cease, though a cooperative's customers who were participating as eligible agricultural customer-generators before that date are allowed to remain in the net metering program for not more than 25 years. A small agricultural generator is defined in this measure as a customer who operates an electrical generating facility as part of an agricultural business, which generating facility, among other conditions, has a capacity of not more than 1.5 megawatts, uses renewable energy as its total source of fuel, has a capacity that does not exceed 150 percent of the customer's expected annual energy consumption based on the previous 12 months of billing history, uses not more than 25 percent of contiguous land owned or controlled by the agricultural business for purposes of the renewable energy generating facility, and is a PURPA qualifying small power production facility. The program for small agricultural generators requires the generator to enter into a power purchase agreement with its supplier to sell all of the electricity generated at a rate not less than the supplier's State Corporation Commission-approved avoided cost tariff for energy and capacity. The program also provides for utilities to recover distribution service costs and costs incurred to purchase electricity, capacity, and renewable energy certificates from the small agricultural generator through its Renewable Energy Portfolio Standard (RPS) rate adjustment clause if the utility has a Commission-approved RPS plan and rate adjustment clause or, if the utility does not have a Commission-approved RPS rate adjustment clause, then the costs shall be recoverable through the supplier's fuel adjustment clause or through the utility's cost of purchased power. Finally, the measure directs the Commission to conduct a single docketed proceeding to implement the provisions of this measure. The bill incorporates
Who sponsors SB 1394?
SB 1394 is sponsored by Frank W. Wagner, Jeremy S. McPike, and Edwards, John S..
What is the current status of SB 1394?
This bill has been enacted into law. Introduced January 11, 2017. Enacted.
Where can I track SB 1394?
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