Virginia 2019 Regular Session Status: Enacted

HB 2292 — Electric utilities; definitions, energy efficiency programs.

Last action — Approved by Governor-Chapter 741 (effective 7/1/19)

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

This bill has been enacted into law. Introduced January 08, 2019. Enacted.

Prognosis

Likely to advance 80% · 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.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 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

Provides that any determination by the State Corporation Commission that an energy efficiency program is not in the public interest shall include with its final order the work product and analysis conducted by the staff of the Commission in making that determination. The measure requires that if the Commission reduces the proposed budget for a program or portfolio of programs, its final order shall include an analysis of the impact such budget reduction has upon the cost-effectiveness of such program or portfolio of programs. An order by the Commission (i) finding that a program or portfolio of programs is not in the public interest or (ii) reducing the proposed budget for any program or portfolio of programs shall adhere to existing protocols for extraordinarily sensitive information. The measure provides that any utility petitioning the Commission for approval of one or more rate adjustment clauses for energy efficiency programs shall include a proposed budget for the design, implementation, and operation of the energy efficiency programs. The bill requires that any rate adjustment clause approved for an energy efficiency program remain in effect until the utility exhausts the approved budget for the energy efficiency program.

Bill Text

What changed in the latest version

275 added · 269 removed

Plain-language change summary

The recent amendments to Bill HB 2292 clarify and expand the definitions related to energy aggregation and distribution. Notably, the new version emphasizes that certain services, such as legal and educational support, do not categorize a person as an aggregator unless they are compensated by an aggregator or supplier. This distinction is important as it aims to prevent unintended regulatory burdens on individuals and organizations providing ancillary services while ensuring that those who truly act as energy aggregators are clearly identified and regulated.

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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 56-576 and 56-585.1 of the Code of Virginia, relating to electric utilities;
SESSION history | hilite | pdf | print version CHAPTER 741 An Act to amend and reenact §§ 56-576 and 56-585.1 of the Code of Virginia, relating to electric utilities;
[H 2292] Approved   Be it enacted by the General Assembly of Virginia:
[H 2292] Approved March 21, 2019   Be it enacted by the General Assembly of Virginia:
The utility has, during the test period or test periods under review, considered as a whole, earned more than 50 basis points above a fair combined rate of return on its generation and distribution services or, for any test period commencing after December 31, 2012, for a Phase II Utility and after December 31, 2013, for a Phase I Utility, more than 70 basis points above a fair combined rate of return on its generation and distribution services, as determined in subdivision 2, without regard to any return on common equity or other matters determined with respect to facilities described in subdivision 6, the Commission shall, subject to the provisions of subdivisions 8 d and 9, direct that 60 percent of the amount of such earnings that were more than 50 basis points, or, for any test period commencing after December 31, 2012, for a Phase II Utility and after December 31, 2013, for a Phase I Utility, that 70 percent of the amount of such earnings that were more than 70 basis points, above such fair combined rate of return for the test period or periods under review, considered as a whole, shall be credited to customers' bills.
The utility has, during the test period or test periods under review, considered as a whole, earned more than 50 basis points above a fair combined rate of return on its generation and distribution services or, for any test period commencing after December 31, 2012, for a Phase II Utility and after December 31, 2013, for a Phase I Utility, more than 70 basis points above a fair combined rate of return on its generation and distribution services, as determined in subdivision 2, without regard to any return on common equity or other matters determined with respect to facilities described in subdivision 6, the Commission shall, subject to the provisions of subdivisions 8 d and 9, direct that 60 percent of the amount of such earnings that were more than 50 basis points, or, for any test period commencing after December 31, 2012, for a Phase II Utility and after December 31, 2013, for a Phase I Utility, that 70 percent of the amount of such earnings that were more than basis points, above such fair combined rate of return for the test period or periods under review, considered as a whole, shall be credited to customers' bills.
Any such credits shall be amortized over a period of six to months, as determined at the discretion of the Commission, following the effective date of the Commission's order, and shall be allocated among customer classes such that the relationship between the specific customer class rates of return to the overall target rate of return will have the same relationship as the last approved allocation of revenues used to design base rates;
Any such credits shall be amortized over a period of six to 12 months, as determined at the discretion of the Commission, following the effective date of the Commission's order, and shall be allocated among customer classes such that the relationship between the specific customer class rates of return to the overall target rate of return will have the same relationship as the last approved allocation of revenues used to design base rates;
If 100 percent of the amount of earnings that are more than 70 basis points above the utility's fair combined rate of return on its generation and distribution services, as determined in subdivision 2, exceeds the aggregate level of invested capital in new utility-owned generation facilities utilizing energy derived from sunlight, or from wind, and electric distribution grid transformation projects, as provided in clauses (i) and (ii), during the test period or periods under review, then percent of the amount of such excess shall be credited to customer bills as provided in subdivision 8 b in connection with the triennial review proceeding.
If 100 percent of the amount of earnings that are more than 70 basis points above the utility's fair combined rate of return on its generation and distribution services, as determined in subdivision 2, exceeds the aggregate level of invested capital in new utility-owned generation facilities utilizing energy derived from sunlight, or from wind, and electric distribution grid transformation projects, as provided in clauses (i) and (ii), during the test period or periods under review, then 70 percent of the amount of such excess shall be credited to customer bills as provided in subdivision 8 b in connection with the triennial review proceeding.
The portion of any costs associated with new utility-owned generation facilities utilizing energy derived from sunlight, or from wind, or electric distribution grid transformation projects that is not the subject of any customer credit reinvestment offset pursuant to this subdivision may be recovered through the utility's rates for generation and distribution services over the service life of such facilities and shall be included in the utility's costs, revenues, and investments in future triennial review proceedings conducted pursuant to subdivision 2 until such costs are fully recovered, and if such costs are recovered through the utility's rates for generation and distribution services, they shall not be the subject of a rate adjustment clause petition pursuant to subdivision 6.
The portion of any costs associated with new utility-owned generation facilities utilizing energy derived from sunlight, or from wind, or electric distribution grid transformation projects that is not the subject of any customer credit reinvestment offset pursuant to this subdivision may be recovered through the utility's rates for generation and distribution services over the service life of such facilities and shall be included in the utility's costs, revenues, and investments in future triennial review proceedings conducted pursuant to subdivision until such costs are fully recovered, and if such costs are recovered through the utility's rates for generation and distribution services, they shall not be the subject of a rate adjustment clause petition pursuant to subdivision 6.
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Action History

  1. Approved by Governor-Chapter 741 (effective 7/1/19)

  2. Governor's Action Deadline Midnight, March 26, 2019

  3. Enrolled Bill communicated to Governor on February 28, 2019

  4. Signed by President

  5. Signed by Speaker

  6. Enrolled

  7. Senate substitute agreed to by House 19106660D-S1 (98-Y 0-N)

  8. Placed on Calendar

  9. Engrossed by Senate - committee substitute HB2292S1

  10. Committee substitute agreed to 19106660D-S1

  11. Reading of substitute waived

  12. Read third time

  13. Referred to Committee on Commerce and Labor

  14. Constitutional reading dispensed

  15. Read third time and passed House BLOCK VOTE (99-Y 0-N)

  16. Engrossed by House - committee substitute HB2292H1

  17. Committee substitute agreed to 19105519D-H1

  18. Read second time

  19. Read first time

  20. Assigned C & L sub: Subcommittee #3

  21. Referred to Committee on Commerce and Labor

  22. Prefiled and ordered printed; offered 01/09/19 19102467D

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 142 not signed on

Sponsors (1)

Co-sponsors (5)

Not signed on (142)

142 members have not signed on to this bill.

Show all 142 →

"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 Senate with substitute

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Dance — Yea
McClellan — Yea
Carrico — Yea
Chafin — Yea
Spruill — Yea
Wagner — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Glen H. Sturtevant, Jr. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 39000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Black — Yea
Carrico — Yea
Chafin — Yea
Dance — Yea
McClellan — Yea
Spruill — Yea
Wagner — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Glen H. Sturtevant, Jr. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Commerce and Labor with substitute

Passed 13 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13100
Total 13100
% of votes cast 93%7%0%0%
How each member voted (14)
Member Party Vote
Dance — Yea
Black — Nay
Chafin — Yea
Spruill — Yea
Wagner — Yea
Cosgrove, John A., Jr. — Yea
Glen H. Sturtevant, Jr. — Yea
L. Louise Lucas — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Commerce and Labor with substitute

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 21000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bourne — Yea
Hugo — Yea
Ransone — Yea
Yancey — Yea
Marshall — Yea
Bell, Robert B. — Yea
Byron — Yea
Filler-Corn — Yea
Heretick — Yea
Keam — Yea
Kory — Yea
Lindsey — Yea
Mullin — Yea
Toscano — Yea
Christopher T. Head — Yea
Israel D. O'Quinn — Yea
Lamont Bagby — Yea
Michael J. Webert — Yea
R. Lee Ware — Yea
Terry G. Kilgore — Yea
Tony O. Wilt — Yea

Official roll call →

Subjects

public-safety energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 2292 do?
Provides that any determination by the State Corporation Commission that an energy efficiency program is not in the public interest shall include with its final order the work product and analysis conducted by the staff of the Commission in making that determination. The measure requires that if the Commission reduces the proposed budget for a program or portfolio of programs, its final order shall include an analysis of the impact such budget reduction has upon the cost-effectiveness of such program or portfolio of programs. An order by the Commission (i) finding that a program or portfolio of programs is not in the public interest or (ii) reducing the proposed budget for any program or portfolio of programs shall adhere to existing protocols for extraordinarily sensitive information. The measure provides that any utility petitioning the Commission for approval of one or more rate adjustment clauses for energy efficiency programs shall include a proposed budget for the design, implementation, and operation of the energy efficiency programs. The bill requires that any rate adjustment clause approved for an energy efficiency program remain in effect until the utility exhausts the approved budget for the energy efficiency program.
Who sponsors HB 2292?
HB 2292 is sponsored by Alfonso H. Lopez, David J. Toscano, Richard C. "Rip" Sullivan, Jr., Murphy, Kathleen, Kory, Kaye, and Keam, Mark L..
What is the current status of HB 2292?
This bill has been enacted into law. Introduced January 08, 2019. Enacted.
Where can I track HB 2292?
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