Virginia HB 746: Energy efficiency programs; definitions, incremental annual savings.

Bill Text

VIRGINIAACTSOFASSEMBLY--2024RECONVENEDSESSION
CHAPTER818
An Act to amend and reenact §§ 56-576 and 56-596.2 of the Code of Virginia, relating to energy
efficiency programs; incremental annual savings.
[H746]
ApprovedApril17,2024
Be it enacted by the General Assembly of Virginia:
1. That §§56-576 and 56-596.2 of the Code of Virginia are amended and reenacted as follows:
§56-576. Definitions.
As used in this chapter:
"Affiliate" means any person that controls, is controlled by, or is under common control with an
electric utility.
"Aggregator" means a person that, as an agent or intermediary, (i) offers to purchase, or purchases,
electric energy or (ii) offers to arrange for, or arranges for, the purchase of electric energy, for sale to,
or on behalf of, two or more retail customers not controlled by or under common control with such
person. The following activities shall not, in and of themselves, make a person an aggregator under this
chapter: (i) furnishing legal services to two or more retail customers, suppliers or aggregators; (ii)
furnishing educational, informational, or analytical services to two or more retail customers, unless direct
or indirect compensation for such services is paid by an aggregator or supplier of electric energy; (iii)
furnishing educational, informational, or analytical services to two or more suppliers or aggregators; (iv)
providing default service under § 56-585; (v) engaging in activities of a retail electric energy supplier,
licensed pursuant to § 56-587, which are authorized by such supplier's license; and (vi) engaging in
actions of a retail customer, in common with one or more other such retail customers, to issue a request
for proposal or to negotiate a purchase of electric energy for consumption by such retail customers.
"Business park" means a land development containing a minimum of 100 contiguous acres classified
as a Tier 4 site under the Virginia Economic Development Partnership's Business Ready Sites Program
that is developed and constructed by a locality, an industrial development authority, or a similar political
subdivision of the Commonwealth created pursuant to § 15.2-4903 or other act of the General Assembly,
in order to promote business development.
"Combined heat and power" means a method of using waste heat from electrical generation to offset
traditional processes, space heating, air conditioning, or refrigeration.
"Commission" means the State Corporation Commission.
"Community in which a majority of the population are people of color" means a U.S. Census tract
where more than 50 percent of the population comprises individuals who identify as belonging to one or
more of the following groups: Black, African American, Asian, Pacific Islander, Native American, other
non-white race, mixed race, Hispanic, Latino, or linguistically isolated.
"Cooperative" means a utility formed under or subject to Chapter 9.1 (§56-231.15 et seq.).
"Covered entity" means a provider in the Commonwealth of an electric service not subject to
competition but does not include default service providers.
"Covered transaction" means an acquisition, merger, or consolidation of, or other transaction
involving stock, securities, voting interests or assets by which one or more persons obtains control of a
covered entity.
"Curtailment" means inducing retail customers to reduce load during times of peak demand so as to
ease the burden on the electrical grid.
"Customer choice" means the opportunity for a retail customer in the Commonwealth to purchase
electric energy from any supplier licensed and seeking to sell electric energy to that customer.
"Demand response" means measures aimed at shifting time of use of electricity from peak-use
periods to times of lower demand by inducing retail customers to curtail electricity usage during periods
of congestion and higher prices in the electrical grid.
"Distribute," "distributing," or "distribution of" electric energy means the transfer of electric energy
through a retail distribution system to a retail customer.
"Distributor" means a person owning, controlling, or operating a retail distribution system to provide
electric energy directly to retail customers.
"Electric distribution grid transformation project" means a project associated with electric distribution
infrastructure, including related data analytics equipment, that is designed to accommodate or facilitate
the integration of utility-owned or customer-owned renewable electric generation resources with the
utility's electric distribution grid or to otherwise enhance electric distribution grid reliability, electric
distribution grid security, customer service, or energy efficiency and conservation, including advanced
metering infrastructure; intelligent grid devices for real time system and asset information; automated

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control systems for electric distribution circuits and substations; communications networks for service
meters; intelligent grid devices and other distribution equipment;