{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-585.1_4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-585.1_4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-585.1_4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-585.1_4.html"}],"law_id":86978,"edition_id":1,"section_id":86978,"structure_id":13084,"section_number":"56-585.1:4","catch_line":"Development of solar and wind generation and energy storage capacity in the Commonwealth","history":"2018, c. 296; 2020, cc. 1190, 1193, 1194, 1225; 2023, cc. 757, 775.","full_text":"A\n\nPrior to January 1, 2024, (i) the construction or purchase by a public utility of one or more solar or wind generation facilities located in the Commonwealth or off the Commonwealth’s Atlantic shoreline, each having a rated capacity of at least one megawatt and having in the aggregate a rated capacity that does not exceed 5,000 megawatts, or (ii) the purchase by a public utility of energy, capacity, and environmental attributes from solar facilities described in clause (i) owned by persons other than a public utility is in the public interest, and the Commission shall so find if required to make a finding regarding whether such construction or purchase is in the public interest.B\n\nPrior to January 1, 2024, (i) the construction or purchase by a public utility of one or more solar or wind generation facilities located in the Commonwealth or off the Commonwealth’s Atlantic shoreline, each having a rated capacity of less than one megawatt, including rooftop solar installations with a capacity of not less than 50 kilowatts, and having in the aggregate a rated capacity that does not exceed 500 megawatts, or (ii) the purchase by a public utility of energy, capacity, and environmental attributes from solar facilities described in clause (i) owned by persons other than a public utility is in the public interest, and the Commission shall so find if required to make a finding regarding whether such construction or purchase is in the public interest.C\n\nThe aggregate cap of 5,000 megawatts of rated capacity described in clause (i) of subsection A, the aggregate cap of 500 megawatts of rated capacity described in clause (i) of subsection B, and the aggregate cap of 200 megawatts of rated capacity described in subsection I are separate and independent from each other. The capacity of facilities in subsection B shall not be counted in determining the capacity of facilities in subsection A or I; the capacity of facilities in subsection A shall not be counted in determining the capacity of facilities in subsection B or I; and the capacity of facilities in subsection I shall not be counted in determining the capacity of facilities in subsection A or B.D\n\nTwenty-five percent of the solar generation capacity placed in service on or after July 1, 2018, located in the Commonwealth, and found to be in the public interest pursuant to subsection A or B shall be from the purchase by a public utility of energy, capacity, and environmental attributes from solar facilities owned by persons other than a public utility. The remainder shall be construction or purchase by a public utility of one or more solar generation facilities located in the Commonwealth. All of the solar generation capacity located in the Commonwealth and found to be in the public interest pursuant to subsection A or B shall be subject to competitive procurement, provided that a public utility may select solar generation capacity without regard to whether such selection satisfies price criteria if the selection of the solar generating capacity materially advances non-price criteria, including favoring geographic distribution of generating capacity, areas of higher employment, or regional economic development, if such non-price solar generating capacity selected does not exceed 25 percent of the utility’s solar generating capacity.E\n\nConstruction, purchasing, or leasing activities for a test or demonstration project for a new utility-owned and utility-operated generating facility or facilities utilizing energy derived from offshore wind with an aggregate capacity of not more than 16 megawatts are in the public interest.F\n\nPrior to January 1, 2035, (i) the construction by a public utility of one or more energy storage facilities located in the Commonwealth, having in the aggregate a rated capacity that does not exceed 2,700 megawatts, or (ii) the purchase by a public utility of energy storage facilities described in clause (i) owned by persons other than a public utility or the capacity from such facilities is in the public interest, and the Commission shall so find if required to make a finding regarding whether such construction or purchase is in the public interest.G\n\nAt least 35 percent of the energy storage capacity placed in service on or after July 1, 2020, located in the Commonwealth and found to be in the public interest pursuant to subsection F shall be from the purchase by a public utility of energy storage facilities owned by persons other than a public utility or the capacity from such facilities. All of the energy storage facilities located in the Commonwealth and found to be in the public interest pursuant to subsection F shall be subject to competitive procurement, provided that a public utility may select energy storage facilities without regard to whether such selection satisfies price criteria if the selection of the energy storage facilities materially advances non-price criteria, including favoring geographic distribution of generating facilities, areas of higher employment, or regional economic development, if such energy storage facilities selected for the advancement of non-price criteria do not exceed 25 percent of the utility’s energy storage capacity.H\n\nA utility may elect to petition the Commission, outside of a triennial or biennial review proceeding conducted pursuant to § 56-585.1, at any time for a prudency determination with respect to the construction or purchase by the utility of one or more solar or wind generation facilities located in the Commonwealth or off the Commonwealth’s Atlantic Shoreline or the purchase by the utility of energy, capacity, and environmental attributes from solar or wind facilities owned by persons other than the utility. The Commission’s final order regarding any such petition shall be entered by the Commission not more than three months after the date of the filing of such petition.I\n\nPrior to January 1, 2024, (i) the construction or purchase by a public utility of one or more solar or wind generation facilities located on a previously developed project site in the Commonwealth having in the aggregate a rated capacity that does not exceed 200 megawatts or (ii) the purchase by a public utility of energy, capacity, and environmental attributes from solar facilities described in clause (i) owned by persons other than a public utility, is in the public interest.","order_by":null,"text":{"0":{"id":311433,"text":"Prior to January 1, 2024, (i) the construction or purchase by a public utility of one or more solar or wind generation facilities located in the Commonwealth or off the Commonwealth’s Atlantic shoreline, each having a rated capacity of at least one megawatt and having in the aggregate a rated capacity that does not exceed 5,000 megawatts, or (ii) the purchase by a public utility of energy, capacity, and environmental attributes from solar facilities described in clause (i) owned by persons other than a public utility is in the public interest, and the Commission shall so find if required to make a finding regarding whether such construction or purchase is in the public interest.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":311434,"text":"Prior to January 1, 2024, (i) the construction or purchase by a public utility of one or more solar or wind generation facilities located in the Commonwealth or off the Commonwealth’s Atlantic shoreline, each having a rated capacity of less than one megawatt, including rooftop solar installations with a capacity of not less than 50 kilowatts, and having in the aggregate a rated capacity that does not exceed 500 megawatts, or (ii) the purchase by a public utility of energy, capacity, and environmental attributes from solar facilities described in clause (i) owned by persons other than a public utility is in the public interest, and the Commission shall so find if required to make a finding regarding whether such construction or purchase is in the public interest.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":311435,"text":"The aggregate cap of 5,000 megawatts of rated capacity described in clause (i) of subsection A, the aggregate cap of 500 megawatts of rated capacity described in clause (i) of subsection B, and the aggregate cap of 200 megawatts of rated capacity described in subsection I are separate and independent from each other. The capacity of facilities in subsection B shall not be counted in determining the capacity of facilities in subsection A or I; the capacity of facilities in subsection A shall not be counted in determining the capacity of facilities in subsection B or I; and the capacity of facilities in subsection I shall not be counted in determining the capacity of facilities in subsection A or B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":311436,"text":"Twenty-five percent of the solar generation capacity placed in service on or after July 1, 2018, located in the Commonwealth, and found to be in the public interest pursuant to subsection A or B shall be from the purchase by a public utility of energy, capacity, and environmental attributes from solar facilities owned by persons other than a public utility. The remainder shall be construction or purchase by a public utility of one or more solar generation facilities located in the Commonwealth. All of the solar generation capacity located in the Commonwealth and found to be in the public interest pursuant to subsection A or B shall be subject to competitive procurement, provided that a public utility may select solar generation capacity without regard to whether such selection satisfies price criteria if the selection of the solar generating capacity materially advances non-price criteria, including favoring geographic distribution of generating capacity, areas of higher employment, or regional economic development, if such non-price solar generating capacity selected does not exceed 25 percent of the utility’s solar generating capacity.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":311437,"text":"Construction, purchasing, or leasing activities for a test or demonstration project for a new utility-owned and utility-operated generating facility or facilities utilizing energy derived from offshore wind with an aggregate capacity of not more than 16 megawatts are in the public interest.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":311438,"text":"Prior to January 1, 2035, (i) the construction by a public utility of one or more energy storage facilities located in the Commonwealth, having in the aggregate a rated capacity that does not exceed 2,700 megawatts, or (ii) the purchase by a public utility of energy storage facilities described in clause (i) owned by persons other than a public utility or the capacity from such facilities is in the public interest, and the Commission shall so find if required to make a finding regarding whether such construction or purchase is in the public interest.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":311439,"text":"At least 35 percent of the energy storage capacity placed in service on or after July 1, 2020, located in the Commonwealth and found to be in the public interest pursuant to subsection F shall be from the purchase by a public utility of energy storage facilities owned by persons other than a public utility or the capacity from such facilities. All of the energy storage facilities located in the Commonwealth and found to be in the public interest pursuant to subsection F shall be subject to competitive procurement, provided that a public utility may select energy storage facilities without regard to whether such selection satisfies price criteria if the selection of the energy storage facilities materially advances non-price criteria, including favoring geographic distribution of generating facilities, areas of higher employment, or regional economic development, if such energy storage facilities selected for the advancement of non-price criteria do not exceed 25 percent of the utility’s energy storage capacity.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":311440,"text":"A utility may elect to petition the Commission, outside of a triennial or biennial review proceeding conducted pursuant to § 56-585.1, at any time for a prudency determination with respect to the construction or purchase by the utility of one or more solar or wind generation facilities located in the Commonwealth or off the Commonwealth’s Atlantic Shoreline or the purchase by the utility of energy, capacity, and environmental attributes from solar or wind facilities owned by persons other than the utility. The Commission’s final order regarding any such petition shall be entered by the Commission not more than three months after the date of the filing of such petition.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":311441,"text":"Prior to January 1, 2024, (i) the construction or purchase by a public utility of one or more solar or wind generation facilities located on a previously developed project site in the Commonwealth having in the aggregate a rated capacity that does not exceed 200 megawatts or (ii) the purchase by a public utility of energy, capacity, and environmental attributes from solar facilities described in clause (i) owned by persons other than a public utility, is in the public interest.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":13084,"edition_id":1,"name":"Virginia Electric 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03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62210,"structure_id":13084,"section_number":"56-576","catch_line":"Definitions","url":"\/56-576\/","token":"56\/23\/56-576","metadata":false},{"id":79838,"structure_id":13084,"section_number":"56-577","catch_line":"Schedule for transition to retail competition; Commission authority; exemptions; pilot programs","url":"\/56-577\/","token":"56\/23\/56-577","metadata":false},{"id":69790,"structure_id":13084,"section_number":"56-577.1","catch_line":"Electric utilities; retail competition; pilot program","url":"\/56-577.1\/","token":"56\/23\/56-577.1","metadata":false},{"id":66769,"structure_id":13084,"section_number":"56-578","catch_line":"Nondiscriminatory access to transmission and distribution 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development","url":"\/56-585.1_3\/","token":"56\/23\/56-585.1_3","metadata":false},"next_section":{"id":75808,"structure_id":13084,"section_number":"56-585.1:5","catch_line":"Pilot program for underground transmission lines","url":"\/56-585.1_5\/","token":"56\/23\/56-585.1_5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-585.1:4\/","history_text":"

This law was first created in 2018. The record of its establishment is cataloged in chapter 296<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2020, chapters 1190<\/a>, 1193<\/a>, 1194<\/a>, and 1225<\/a>; in 2023, chapters 757<\/a> and 775<\/a>.<\/p>","references":false,"refers_to":[{"id":67687,"section_number":"56-585.1","catch_line":"Generation, distribution, and transmission rates after capped rates terminate or expire","order_by":null,"url":"\/56-585.1\/"}],"permalink":{"id":250691,"object_type":"law","relational_id":86978,"identifier":"56-585.1:4","token":"56\/23\/56-585.1_4","url":"\/56-585.1_4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-585.1_4\/","token":"56\/23\/56-585.1_4","dublin_core":{"Title":"Development of solar and wind generation and energy storage capacity in the Commonwealth","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-585.1:4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Prior to January 1, 2024, (i) the construction or purchase by a public utility of one or more solar or wind generation facilities located in the Commonwealth or off the Commonwealth’s Atlantic shoreline, each having a rated capacity of at least one megawatt and having in the aggregate a rated capacity that does not exceed 5,000 megawatts, or (ii) the purchase by a public utility of energy, capacity, and environmental attributes from solar facilities described in clause (i) owned by persons<\/span> other than a public utility is in the public interest<\/span>, and the Commission<\/span> shall so find if required to make a finding<\/span> regarding whether such construction or purchase is in the public interest<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to January 1, 2024, (i) the construction or purchase by a public utility of one or more solar or wind generation facilities located in the Commonwealth or off the Commonwealth’s Atlantic shoreline, each having a rated capacity of less than one megawatt, including rooftop solar installations<\/span> with a capacity of not less than 50 kilowatts, and having in the aggregate a rated capacity that does not exceed 500 megawatts, or (ii) the purchase by a public utility of energy, capacity, and environmental attributes from solar facilities described in clause (i) owned by persons<\/span> other than a public utility is in the public interest<\/span>, and the Commission<\/span> shall so find if required to make a finding<\/span> regarding whether such construction or purchase is in the public interest<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The aggregate cap of 5,000 megawatts of rated capacity described in clause (i) of subsection A, the aggregate cap of 500 megawatts of rated capacity described in clause (i) of subsection B, and the aggregate cap of 200 megawatts of rated capacity described in subsection I are separate and independent from each other. The capacity of facilities in subsection B shall not be counted in determining the capacity of facilities in subsection A or I; the capacity of facilities in subsection A shall not be counted in determining the capacity of facilities in subsection B or I; and the capacity of facilities in subsection I shall not be counted in determining the capacity of facilities in subsection A or B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Twenty-five percent of the solar generation capacity placed in service on or after July 1, 2018, located in the Commonwealth, and found to be in the public interest<\/span> pursuant to subsection A or B shall be from the purchase by a public utility of energy, capacity, and environmental attributes from solar facilities owned by persons<\/span> other than a public utility. The remainder shall be construction or purchase by a public utility of one or more solar generation facilities located in the Commonwealth. All of the solar generation capacity located in the Commonwealth and found to be in the public interest<\/span> pursuant to subsection A or B shall be subject to competitive procurement, provided that a public utility may select solar generation capacity without regard to whether such selection satisfies price criteria if the selection of the solar generating capacity materially advances non-price criteria, including favoring geographic distribution of<\/span> generating capacity, areas of higher employment, or regional economic development, if such non-price solar generating capacity selected does not exceed 25 percent of the utility’s solar generating capacity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Construction, purchasing, or leasing activities for a test or demonstration project for a new utility-owned and utility-operated generating facility or facilities utilizing energy derived from offshore wind with an aggregate capacity of not more than 16 megawatts are in the public interest<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Prior to January 1, 2035, (i) the construction by a public utility of one or more energy storage facilities located in the Commonwealth, having in the aggregate a rated capacity that does not exceed 2,700 megawatts, or (ii) the purchase by a public utility of energy storage facilities described in clause (i) owned by persons<\/span> other than a public utility or the capacity from such facilities is in the public interest<\/span>, and the Commission<\/span> shall so find if required to make a finding<\/span> regarding whether such construction or purchase is in the public interest<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> At least 35 percent of the energy storage capacity placed in service on or after July 1, 2020, located in the Commonwealth and found to be in the public interest<\/span> pursuant to subsection F shall be from the purchase by a public utility of energy storage facilities owned by persons<\/span> other than a public utility or the capacity from such facilities. All of the energy storage facilities located in the Commonwealth and found to be in the public interest<\/span> pursuant to subsection F shall be subject to competitive procurement, provided that a public utility may select energy storage facilities without regard to whether such selection satisfies price criteria if the selection of the energy storage facilities materially advances non-price criteria, including favoring geographic distribution of<\/span> generating facilities, areas of higher employment, or regional economic development, if such energy storage facilities selected for the advancement of non-price criteria do not exceed 25 percent of the utility’s energy storage capacity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A utility may elect to petition<\/span> the Commission<\/span>, outside of a triennial or biennial review proceeding conducted pursuant to § 56-585.1<\/a>, at any time for a prudency determination with respect to the construction or purchase by the utility of one or more solar or wind generation facilities located in the Commonwealth or off the Commonwealth’s Atlantic Shoreline or the purchase by the utility of energy, capacity, and environmental attributes from solar or wind facilities owned by persons<\/span> other than the utility. The Commission<\/span>’s final order<\/span> regarding any such petition<\/span> shall be entered by the Commission<\/span> not more than three months after the date of the filing of such petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Prior to January 1, 2024, (i) the construction or purchase by a public utility of one or more solar or wind generation facilities located on a previously developed project site<\/span> in the Commonwealth having in the aggregate a rated capacity that does not exceed 200 megawatts or (ii) the purchase by a public utility of energy, capacity, and environmental attributes from solar facilities described in clause (i) owned by persons<\/span> other than a public utility, is in the public interest<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEVELOPMENT OF SOLAR AND WIND GENERATION AND ENERGY STORAGE CAPACITY IN THE\nCOMMONWEALTH (\u00a7 56-585.1:4)\n\nA. Prior to January 1, 2024, (i) the construction or purchase by a public\nutility of one or more solar or wind generation facilities located in the\nCommonwealth or off the Commonwealth’s Atlantic shoreline, each having a\nrated capacity of at least one megawatt and having in the aggregate a rated\ncapacity that does not exceed 5,000 megawatts, or (ii) the purchase by a public\nutility of energy, capacity, and environmental attributes from solar facilities\ndescribed in clause (i) owned by persons other than a public utility is in the\npublic interest, and the Commission shall so find if required to make a finding\nregarding whether such construction or purchase is in the public interest.\n\nB. Prior to January 1, 2024, (i) the construction or purchase by a public\nutility of one or more solar or wind generation facilities located in the\nCommonwealth or off the Commonwealth’s Atlantic shoreline, each having a\nrated capacity of less than one megawatt, including rooftop solar installations\nwith a capacity of not less than 50 kilowatts, and having in the aggregate a\nrated capacity that does not exceed 500 megawatts, or (ii) the purchase by a\npublic utility of energy, capacity, and environmental attributes from solar\nfacilities described in clause (i) owned by persons other than a public utility\nis in the public interest, and the Commission shall so find if required to make\na finding regarding whether such construction or purchase is in the public\ninterest.\n\nC. The aggregate cap of 5,000 megawatts of rated capacity described in clause\n(i) of subsection A, the aggregate cap of 500 megawatts of rated capacity\ndescribed in clause (i) of subsection B, and the aggregate cap of 200 megawatts\nof rated capacity described in subsection I are separate and independent from\neach other. The capacity of facilities in subsection B shall not be counted in\ndetermining the capacity of facilities in subsection A or I; the capacity of\nfacilities in subsection A shall not be counted in determining the capacity of\nfacilities in subsection B or I; and the capacity of facilities in subsection I\nshall not be counted in determining the capacity of facilities in subsection A\nor B.\n\nD. Twenty-five percent of the solar generation capacity placed in service on or\nafter July 1, 2018, located in the Commonwealth, and found to be in the public\ninterest pursuant to subsection A or B shall be from the purchase by a public\nutility of energy, capacity, and environmental attributes from solar facilities\nowned by persons other than a public utility. The remainder shall be\nconstruction or purchase by a public utility of one or more solar generation\nfacilities located in the Commonwealth. All of the solar generation capacity\nlocated in the Commonwealth and found to be in the public interest pursuant to\nsubsection A or B shall be subject to competitive procurement, provided that a\npublic utility may select solar generation capacity without regard to whether\nsuch selection satisfies price criteria if the selection of the solar generating\ncapacity materially advances non-price criteria, including favoring geographic\ndistribution of generating capacity, areas of higher employment, or regional\neconomic development, if such non-price solar generating capacity selected does\nnot exceed 25 percent of the utility’s solar generating capacity.\n\nE. Construction, purchasing, or leasing activities for a test or demonstration\nproject for a new utility-owned and utility-operated generating facility or\nfacilities utilizing energy derived from offshore wind with an aggregate\ncapacity of not more than 16 megawatts are in the public interest.\n\nF. Prior to January 1, 2035, (i) the construction by a public utility of one or\nmore energy storage facilities located in the Commonwealth, having in the\naggregate a rated capacity that does not exceed 2,700 megawatts, or (ii) the\npurchase by a public utility of energy storage facilities described in clause\n(i) owned by persons other than a public utility or the capacity from such\nfacilities is in the public interest, and the Commission shall so find if\nrequired to make a finding regarding whether such construction or purchase is in\nthe public interest.\n\nG. At least 35 percent of the energy storage capacity placed in service on or\nafter July 1, 2020, located in the Commonwealth and found to be in the public\ninterest pursuant to subsection F shall be from the purchase by a public utility\nof energy storage facilities owned by persons other than a public utility or the\ncapacity from such facilities. All of the energy storage facilities located in\nthe Commonwealth and found to be in the public interest pursuant to subsection F\nshall be subject to competitive procurement, provided that a public utility may\nselect energy storage facilities without regard to whether such selection\nsatisfies price criteria if the selection of the energy storage facilities\nmaterially advances non-price criteria, including favoring geographic\ndistribution of generating facilities, areas of higher employment, or regional\neconomic development, if such energy storage facilities selected for the\nadvancement of non-price criteria do not exceed 25 percent of the\nutility’s energy storage capacity.\n\nH. A utility may elect to petition the Commission, outside of a triennial or\nbiennial review proceeding conducted pursuant to § 56-585.1, at any time\nfor a prudency determination with respect to the construction or purchase by the\nutility of one or more solar or wind generation facilities located in the\nCommonwealth or off the Commonwealth’s Atlantic Shoreline or the purchase\nby the utility of energy, capacity, and environmental attributes from solar or\nwind facilities owned by persons other than the utility. The Commission’s\nfinal order regarding any such petition shall be entered by the Commission not\nmore than three months after the date of the filing of such petition.\n\nI. Prior to January 1, 2024, (i) the construction or purchase by a public\nutility of one or more solar or wind generation facilities located on a\npreviously developed project site in the Commonwealth having in the aggregate a\nrated capacity that does not exceed 200 megawatts or (ii) the purchase by a\npublic utility of energy, capacity, and environmental attributes from solar\nfacilities described in clause (i) owned by persons other than a public utility,\nis in the public interest.\n\nHISTORY: 2018, c. 296; 2020, cc. 1190, 1193, 1194, 1225; 2023, cc. 757, 775.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}