Virginia Governor Approves Bill That, Subject To Re-enactment Clause, Would Solidify 100% Renewable Exception Allowing Customers To Select Competitive Retail Electric Supply

April 14, 2020

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Reporting by Paul Ring • ring@energychoicematters.com

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Virginia Gov. Ralph Northam has approved HB 868 which, if adopted again in the next legislative session, would permit all customers of the investor-owned utilities to take competitive retail electric supply, if the customer purchases 100% renewable electricity, regardless of whether the incumbent utility offers a 100% renewable supply tariff

As previously reported, HB 868 as originally passed by the House would have allowed customers to purchase 100% renewable electricity from a competitive retail supplier regardless of whether the incumbent utility offers a qualifying 100% renewable tariff. Currently, the exemption allowing all customers to take 100% renewable supply is only available if a utility does not offer a qualifying 100% green product

However, as previously reported, the Senate amended HB 868 to include a "re-enactment clause", which requires that the bill must again pass during the 2021 session of the General Assembly before becoming law.

As reflected in the bill as approved by the Governor, and now chaptered, the re-enactment clause specifically states, "the provisions of this act shall not become effective unless reenacted by the 2021 Session of the General Assembly."

Additionally, the adopted bill also prohibits a customer at a cooperative from using the 100% renewable exemption to take retail electric choice if the co-op offers a 100% renewable tariff, except that a customer may continue to purchase competitive supply under an existing power purchase agreement, for the duration of the agreement.

As previously reported by EnergyChoiceMatters.com, Gov. Northam has also approved HB 889, which allows a handful of customers to aggregate non-contiguous sites for the purposes of reaching the current 5 MW threshold allowing customers to take electric choice without having to purchase 100% renewable supply as a condition of electric choice (see details on the bill and customer eligibility here)

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