                                 CODE OF VIRGINIA

DEVELOPMENT OF SOLAR AND WIND GENERATION AND ENERGY STORAGE CAPACITY IN THE
COMMONWEALTH (§ 56-585.1:4)

A. 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&#8217;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. 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&#8217;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. 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.

D. 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&#8217;s solar generating capacity.

E. 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.

F. 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.

G. 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&#8217;s energy storage capacity.

H. A utility may elect to petition the Commission, outside of a triennial or
biennial review proceeding conducted pursuant to &#xA7; 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&#8217;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&#8217;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. 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.

HISTORY: 2018, c. 296; 2020, cc. 1190, 1193, 1194, 1225; 2023, cc. 757, 775.