Small agricultural generators; establishes parameters of a program. (SB1394)

Introduced By

Sen. Frank Wagner (R-Virginia Beach) with support from co-patron Sen. Jeremy McPike (D-Dale City)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Small agricultural generators. 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. The program will end enrollment by eligible agricultural customer-generators in the existing net energy metering program effective July 1, 2018, while allowing eligible agricultural customer-generators to remain in the net metering program for not more than 20 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, and is a 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. Amends § 56-594, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/11/2017Prefiled and ordered printed; offered 01/11/17 17102605D
01/11/2017Referred to Committee on Commerce and Labor
01/18/2017Assigned C&L sub: Renewable Energy
01/19/2017Impact statement from SCC (SB1394)
01/30/2017Reported from Commerce and Labor with substitute (13-Y 1-N 1-A) (see vote tally)
01/30/2017Committee substitute printed 17104770D-S1
01/31/2017Incorporates SB917 (Edwards)
02/01/2017Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/02/2017Read second time
02/02/2017Reading of substitute waived
02/02/2017Committee substitute agreed to 17104770D-S1
02/02/2017Engrossed by Senate - committee substitute SB1394S1
02/03/2017Read third time and passed Senate (36-Y 3-N 1-A) (see vote tally)
02/07/2017Impact statement from SCC (SB1394S1)
02/08/2017Placed on Calendar
02/08/2017Read first time
02/08/2017Referred to Committee on Commerce and Labor
02/16/2017Reported from Commerce and Labor (18-Y 2-N) (see vote tally)
02/20/2017Read second time
02/21/2017Read third time
02/21/2017Passed House (85-Y 9-N 2-A)
02/21/2017VOTE: PASSAGE (85-Y 9-N 2-A) (see vote tally)
02/24/2017Enrolled
02/24/2017Bill text as passed Senate and House (SB1394ER)
02/24/2017Signed by President
02/24/2017Signed by Speaker
02/28/2017Enrolled Bill Communicated to Governor on 2/28/17
02/28/2017G Governor's Action Deadline Midnight, March 27, 2017
02/28/2017Impact statement from SCC (SB1394ER)
03/16/2017G Approved by Governor-Chapter 581 (effective 7/1/17)
03/16/2017G Acts of Assembly Chapter text (CHAP0581)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

THANK YOU, MR. PRESIDENT. MR. PRESIDENT, LADIES AND GENTLEMEN OF THE SENATE, JUST VERY QUICKLY. BEFORE I CAME HERE, I SERVED ON FAIRFAX CITY COUNCIL, AND ONE OF THE THINGS WE DID WAS WE WOULD GROARKT -- NEGOTIATE FRANCHISE AGREEMENTS WITH THE CABLE COMPANY AND ALLOW THEM TO USE OUR RIGHT-OF-WAY, BUT IN RESPONSE, WE WOULD GET A BENEFIT FOR OUR CITIZENS. WE INSTALLED A TV STATION AT THE FAIRFAX HIGH SCHOOL, HAD PROGRAMS TO MAKE THE CABLE AVAILABLE TO RESIDENTS. WE WOULD NEGOTIATE AND GET SOMETHING BACK IN RETURN. THE PROBLEM IS I LOOK AT THIS BILL AND I DON'T SEE WHAT WE'RE NEGOTIATING. WE'RE GOING TO TELL YOUR FOR-PROFIT INDUSTRY WE'RE GOING TO ALLOW YOU TO SUPERSEDE ZONING REGULATIONS, BUT WHAT DO WE GET BACK IN RETURN? THERE HAS BEEN A COMPARISON MADE TO WATER, POWER AND SEWER, ABOUT YOU -- THIS IS A FOR-PROFIT BUSINESS. WE'RE NOT REQUIRING ANYTHING FROM THEM OTHER THAN TO MAKE AVAILABLE TO THE WORLD. THEIR BEAUTIFUL PRODUCT WELL, THEY GET PAID TO DO THAT. SO I THINK THIS BILL NEEDS A LOT OF WORK, AND THE ONLY WAY IT'S GOING TO GET A LOT OF WORK IS IF WE PUT SOME RED LIKES ON IT, SO I HOPE SOME PEOPLE WILL OPPOSE THIS BILL.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR.


Del. Nick Freitas (R-Culpeper): STRIKE THE LANGUAGE THAT SAYS NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND I HOPE IT WILL BE THE WILL OF THE BODY TO PASS THE BILL.

[Unknown]: SHALL THE BILL PASS?

Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 55, NOS 41. AYES 55, NOS 41, THE BILL IS PASSED. SENATE BILL 1325, A BILL TO AMEND AND REENACT A SECTION OF THE CODE OF VIRGINIA RELATING TO ALCOHOLIC BEVERAGE CONTROL, MIXED BEVERAGES, LICENSES FOR CERTAIN PROPERTIES, BILL REPORTED FROM THE COMMITTEE ON GENERAL LAWS.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM VIRGINIA BEACH, MR. KNIGHT.

Del. Barry Knight (R-Virginia Beach): MR. SPEAKER, SENATE BILL