Energy

Siting of battery energy storage projects; commercial solar photovoltaic generation facilities; permitted accessory use. Deems battery energy storage projects as a permitted accessory use in all zoning districts on any parcel of land that is subject to an approved special exception, as defined in the bill, for a commercial solar photovoltaic generation facility, if such battery energy storage project is located within the boundaries of the parcel covered by the existing special exception and complies with any applicable federal, state, and local safety or fire codes and environmental regulations. The bill prohibits a host locality from requiring a special exception or any other local land use approval on such battery energy storage project. The bill clarifies that nothing in the provisions of the bill shall be construed to (i) limit the authority of a host locality to enforce compliance with applicable codes or ensure the safe operation of the battery energy storage project or (ii) preclude the developer of a battery energy storage project from negotiating a siting agreement with the host locality. The bill also clarifies that any battery energy storage project for which an initial interconnection request has been filed with an electric utility or a regional transmission organization prior to July 1, 2030, and is constructed in accordance with the provisions of the bill shall be subject to the applicable local ordinance and regulation in effect on July 1, 2026. This bill is identical to SB 443.

Electric utilities; surplus interconnection service sites. Directs Appalachian Power and Dominion Energy Virginia to undertake a comprehensive assessment of available interconnection capacity at each such utility's existing and planned intermittent electric generation facilities located in the Commonwealth. The bill directs such utilities to establish pilot programs for energy storage resources and solar generation facilities that utilize surplus interconnection service, as defined in the bill, including a request for proposals. The bill requires such utilities to submit the results of such requests for proposals as part of their 2027 plans and petitions for approval for the development of new solar and onshore wind generation capacity, which plans are required under existing law. This bill is identical to SB 508.

Electric utilities; small portable solar generation devices; local regulation; installation by tenants; consumer protection. Prevents a locality from prohibiting the use of a small portable solar generation device, as defined in the bill, on a residential structure, provided that certain requirements are met. The bill includes provisions related to the installation of small portable solar generation devices by tenants and prevents landlords from prohibiting such installation in certain circumstances. Under the bill, small portable solar generation devices are excluded from the provisions of net metering programs applicable to eligible agricultural customer-generators, eligible customer-generators, or small agricultural generating facilities. The bill also permits any electric utility customer to own and operate a small portable solar generation device, provided that certain requirements are met. The bill prohibits an investor-owned utility, municipal utility, or electric cooperative from imposing interconnection requirements, charging any fee related to the device, or requiring that the customer obtain the utility's approval before installing or using the device. Under the bill, no electric utility, municipal utility, electric cooperative shall be liable for damage or injury caused by a small portable solar generation device. The bill directs the State Corporation Commission to develop and publish a notification form for a customer of an electric utility or cooperative to install a small portable solar generation device and directs the Secretary of Commerce and Trade to convene a work group to evaluate and develop recommendations regarding the safety standards and requirements applicable to small portable solar generation devices. Certain provisions of the bill become effective on January 1, 2027. This bill incorporates HB 289 and HB 928 and is identical to SB 250.

Distributed Energy Resources Task Force established; reports; sunset. Establishes the Distributed Energy Resources Task Force as an advisory commission within the executive branch with the purpose of developing a comprehensive strategy to advance the Commonwealth's transition toward integrated distributed energy resource markets and to support the Commonwealth's compliance with certain regulations. The bill describes the membership, powers, and duties of the Task Force and requires the Task Force to submit various reports to the Governor, the State Corporation Commission, the Federal Energy Regulatory Commission, and the Chairs of the House Committee on Labor and Commerce and the Senate Committee on Commerce and Labor. The bill sunsets on July 1, 2027. This bill is identical to SB 223.

Electric utilities; high energy demand customers; demand flexibility programs; reports. Directs Dominion Energy and Appalachian Power to file a petition with the State Corporation Commission by January 15, 2027, for approval of voluntary demand flexibility programs that apply to high energy demand customers, as defined in the bill. The bill requires the Commission to consider all forms of demand flexibility and other specific factors in approving each such program. The bill directs each cooperative that serves one or more high energy demand customers to establish a voluntary demand flexibility program for such customers by January 1, 2029. Under the bill, Dominion Energy and Appalachian Power are required to file status reports on their demand flexibility programs with the Commission three years after initial program approval and every three years thereafter. Additionally, in 2028 and annually thereafter, the Commission is required to submit information summarizing the status and performance of such programs as part of an existing report. This bill is identical to SB 371.

Permit requirements for data centers; emission limits for certain engine-generator sets. Prohibits the Department of Environmental Quality from issuing an air permit for any application submitted for a data center on or after July 1, 2026, unless the emission limit for each engine-generator, defined in the bill, established by such permit is equal to or less than the emissions achieved by a Tier 4 equivalent engine-generator.

Department of Energy; workforce development in offshore wind industry. Directs the Director of the Department of Energy to identify and develop training resources to advance workforce development in the offshore wind industry in the Commonwealth. This bill is identical to SB 25.

Small renewable energy projects; agrivoltaics definition. Provides a definition of "agrivoltaics" for the purposes of small renewable energy projects. This bill incorporates HB 899 and is identical to SB 340.

State Corporation Commission; time frame for completion of certain proceedings. Requires the State Corporation Commission to complete proceedings involving an application for a certificate, permit, or approval required for the construction or operation by a public utility of certain transmission lines within nine months following such application, as required by current law for small renewable energy projects. The bill permits the Commission to enlarge such nine-month period for up to 120 days for applications regarding certain transmission lines. This bill is identical to SB 310.

Utility consumer services cooperatives; substation construction agreements. Permits an electric cooperative to enter into an agreement to construct a substation with a member receiving regulated electric service, with an electric demand of at least 20 megawatts during the most recent calendar year, that requires a point of interconnection with a transmission line system of 230 kilovolts or more. The bill provides that, upon final completion of a substation constructed under such an agreement, the member shall transfer ownership of such substation to the cooperative for the cooperative to operate and maintain at the member's sole expense. Under the bill, the costs of acquisition, operation, or maintenance of such a substation shall be excluded from the cooperative's general and base rates and shall not be recovered from any other ratepayer. This bill is identical to SB 377.