HB 1252 — Renewable energy power purchase agreements; pilot programs.

SESSION history | hilite | pdf | print version 18106339D18107646D HOUSE BILL NO.

1252 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the HouseSenate Committee on Commerce and Labor on February 1,26, 2018) (Patron Prior to Substitute--Delegate Kilgore) A BILL to amend and reenact the first enactment of Chapters and 382 of the Acts of Assembly of 2013, as amended by the first enactment of Chapter 803 of the Acts of Assembly of 2017, and to repeal the second enactment of Chapter 803 of the Acts of Assembly of 2017, relating to pilot programs for certain power purchase agreements.

That the first enactment of Chapters 358 and 382 of the Acts of Assembly of 2013, as amended by the first enactment of Chapter 803 of the Acts of Assembly of 2017, is amended and reenacted as follows:

A pilot program shall be conducted within the certificated service territory of each investor-owned electric utility other than a utility described in subsection G of § 56-580 of the Code of Virginia ("Pilot Utility"), provided that within the certificated service territory of an investor-owned utility that was not bound by a rate case settlement adopted by the Commission that extended in its application beyond January 1, 2002, only organizationsentities that are not being served by generation provided under subdivision A 5 of § 56-577 of the Code of Virginia and are (i) exempt from paying federal income tax under § 501(c)(3) of the Internal Revenue Code of 1954, as amended;

(ii) elementarygovernmental andinstrumentalities secondaryof orthe middleCommonwealth schools as defined in § 22.1-12.2-5000 of the Code of Virginia;

or (iii) publicelementary orand nonprofit,secondary privateor institutionsmiddle ofschools higher education as defined in § 23.1-10022.1-1 of the Code of VirginiaVirginia; that are not being served by generation provided under subdivision A 5 of § 56-577 of the Code of Virginia shall be deemed to be customer-generators eligible to participate in the pilot program;

or (iv) public or nonprofit, private institutions of higher education as defined in § 23.1-100 of the Code of Virginia that are not being served by generation provided under subdivision A 5 of § 56-577 of the Code of Virginia shall be deemed to be customer-generators eligible to participate in the pilot program;

h.

Nothing in this act shall affect the ability of nonjurisdictional customers of Pilot Utilities to negotiate with a Pilot Utility.

Any and all contracts effective on or before July 1, 2018, between nonjurisdictional customers and a Pilot Utility shall remain in full force and effect and shall continue in effect and terminate or expire according to their terms, unaffected by this act.

That nothing in this act shall abridge any rights of either party to an agreement between a Pilot Utility, as defined in the firstsecond enactment of thisChapter act,803 andof athe groupActs purchasing organization acting on behalf of VirginiaAssembly local governments regarding the purchase of electric2017 service.is repealed.

That nothing in this act shall abridge any rights of either party to an agreement between a Pilot Utility, as defined in the first enactment of this act, and a group purchasing organization acting on behalf of Virginia local governments regarding the purchase of electric service.

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