While U.S. leaders were worrying about coal jobs, clean energy snatched the lead: even Virginia now has more people working in solar than coal.

 

va-electric-sector-jobs

Jobs in electric generation do not include fuel jobs, so for example, the coal jobs in the two charts have to be added together to get total employment. Wind and solar, of course, have no fuel costs. Charts come from DOE.

Jobs in electric generation do not include fuel jobs, so for example, the coal jobs in the two charts have to be added together to get total employment. Wind and solar, of course, don’t need employees to produce their “fuel.” Charts come from DOE.

A new report from the U.S. Department of Energy takes stock of energy employment in the U.S. and comes up with fresh evidence of the rapid transformation of our nation’s electricity supply: more people today work in the solar and wind industries than in natural gas extraction and coal mining.

According to the January 2017 U.S. Energy and Employment Report, 373,807 Americans now work in solar electric power generation, while 101,738 people work in wind. By comparison, a total of 362,118 people work in the natural gas sector, including both fuel supply and generating plants.

Total coal employment stands at 160,119. And while renewable power employment grew by double digits last year—25% for solar, 32% for wind—total job numbers actually declined across the fossil fuel sectors, where machines now do most of the work.

If generating electricity employs a lot of people, not generating it employs even more. The number of Americans working in energy efficiency rose to almost 2.2 million, an increase of 133,000 jobs over the year before.

Those are nationwide figures, but the report helpfully breaks down the numbers by state. For Virginia, 2016 was a watershed year. In spite of the fact that our solar industry is still in its infancy and we have no operating wind farms yet, more Virginians now work in renewable energy than in the state’s storied coal industry. A mere 2,647 Virginians continue to work in coal mining, compared to 4,338 in solar energy and 1,260 in wind.

Dwarfing all of these numbers is the statistic for employment in energy efficiency in Virginia: 75,552.

Sierra Club scorecard plumbs divisions among Virginia legislators

SC ScorecardBy and large, Virginia Republicans are still locked in a fossil fuel echo chamber, where “all of the above” and “war on coal” guide their votes. Virginia Democrats mostly acknowledge the damage climate change is doing to the commonwealth and around the planet and support a course correction. And regardless of ideology, large majorities from both parties vote for whatever Dominion Power wants.

These are the major takeaways from this year’s legislative session and the 2016 Climate and Energy Scorecard, just released by the Virginia Chapter of the Sierra Club. Constituents and clean energy advocates will want to look at not just the raw grades of individual legislators, but also the discussion provided in the report, to understand the dynamics of our General Assembly.

Twenty-eight Democrats earned perfect scores. All but a handful of Republicans earned failing grades. Sierra Club gave extra credit to legislators who introduced bills that advanced clean energy. This included several Republicans highlighted in the scorecard, but their bad votes on other bills dragged down their overall scores.

This is really a shame, since some Republicans have worked hard to advance clean energy legislation. Leesburg Delegate Randy Minchew comes to mind here for his dogged efforts on behalf of distributed solar energy, something you might not guess from his overall grade of D.

Often, it seems, reform-minded Republicans go along with their party’s more retrograde positions where they are pressured to do so by their party leaders, or where the votes are so lopsided that there is nothing to gain from breaking with the majority.

If party leaders have an outsize influence on voting, so too does Dominion Power. In fact, if you want to know who the true champions of the people are, don’t look at party affiliation. Look for the few legislators who will stand up to the most powerful political force in Richmond.

That assumes you can find votes to examine. In the introduction to the Sierra Club scorecard, Legislative Chair Susan Stillman noted with frustration this year’s paucity of recorded votes available to score:

The challenges of producing a fair and even scorecard are growing, as are the opportunities for Virginia citizens to have a clear and accurate picture of their elected representative’s voting record. Transparency in the General Assembly sunk to a new low this year: 95% of the bills defeated in the House of Delegates were done so on an unrecorded vote or no vote at all. This is not business-as-usual: just over a decade ago, nearly every bill that passed through the House received a recorded vote.

An ongoing problem, both for scorecard referees and for clean energy advocates, is that most bills that would advance the cause of renewable energy and energy efficiency never make it out of committee; in the House, the bills are heard in a tiny subcommittee. Not only do votes go unrecorded, but this approach deprives most of our elected representatives of the opportunity to vote on some of the most important energy policy issues facing Virginia.

And then there was this year, in which even the subcommittee members never got a chance to vote. A dozen or so of the most promising clean energy bills were never heard at all, but were sent to a newly-formed interim study subcommittee, ostensibly for the purpose of giving these bills the benefit of greater deliberation. The effect was to kill them quietly for the year.

As Stillman notes, all these unrecorded votes make it hard to know where the vast majority of legislators stand:

Without a recorded vote, the public is deprived of the full measure of his or her elected official’s voting history. And the problem of unrecorded votes is growing worse. This year’s unprecedented rate of unrecorded votes in the House is up from 76% in 2015—a 25% jump in one year. Virginia legislators are killing more bills than ever without accountability for their actions. This practice is wrong, and it’s dangerous for our democracy.

Stillman gives a shout-out to the founding members of the new, bipartisan Transparency Caucus for its efforts to make all votes public and ensure every bill gets a hearing.

These would be modest reforms, but welcome. If sunlight is the best disinfectant, there’s a big, dirty House (and Senate) in Richmond that need cleaning.

Virginia legislators named to review clean energy bills

Workers install solar panels at the University of Richmond.

Workers install solar panels at the University of Richmond.

Virginia’s 2016 legislative session began with a host of worthy bills promoting energy efficiency, wind and solar, but ended with almost none of the legislation even having been considered in committee. The Republican chairmen of the Senate and House Commerce and Labor committees instead “carried over” the bulk of the bills, announcing plans for a new subcommittee to study them and make recommendations for 2017.

Members of the subcommittee have now been named. Senator Frank Wagner has tapped Senators Black, Cosgrove, Stuart and Dance to serve. This information is now on the General Assembly website. Delegate Terry Kilgore has named Delegates Ware, Hugo, Ransome, Miller and Keam.

No meeting schedule has been announced, but lobbyists for the utilities and the solar industry trade association, MDV-SEIA, have begun meeting in private to discuss potential compromises. This can’t be called a stakeholder process; the meetings are not open to the public, and they have not invited participation by environmentalists or, with one exception, anyone on the consumer side representing the interests of local government, colleges and universities, churches, eco-friendly businesses or residential customers.

(The exception is a lobbyist for Loudoun County landowner Karen Schaufeld, a newcomer to energy issues who formed a group called Powered by Facts and hired lobbyists to advocate for expanded agricultural net metering and other pro-solar reforms.)

Anything that emerges from these meetings will likely have a significant impact on the subcommittee. Yet, given the importance of this issue to the commonwealth, the subcommittee should ensure it hears from all solar stakeholders. More importantly, committee members should explicitly adopt as their measure of progress a simple test: whether the language of a bill will lead to greater private investment in solar in Virginia. Wagner and Kilgore have said they want to see the growth of solar here, and all of the legislators publicly subscribe to the values of free market competition and consumer choice. But without a guidepost, we are likely to see the utilities bully the solar industry into a “compromise” that shifts the ground a bit but continues to strangle the private market–and leaves us further than ever behind other states.

Who’s who on the committee

All of the legislators named to the study committee are Commerce and Labor committee members, but beyond that, many of these appointments are surprising, as they don’t necessarily reflect demonstrated interest in the subject. It is also disturbing that only one Democrat was named from each side. (Dance is the Senate Democrat, Keam the House Democrat. They are also the only minorities represented.) There is no reason energy efficiency and renewable energy should be partisan issues, but in the past, party affiliation has been the single most powerful predictor of votes on clean energy.

To gage how these legislators approach the issues, I took a look at the Sierra Club’s Climate and Energy Scorecard for 2014 and 2015. Scores for 2016 are not yet available. It is important to note that in the House, most renewable energy legislation has been killed by unrecorded voice votes in the Commerce and Labor subcommittee, preventing the votes from being scored. So the scorecard is only a starting point.

The Senators

Frank Wagner himself earned a D in 2015, with a voting percentage of 60%. This was up from an F in 2014. The Virginia Beach Republican is the only member on this subcommittee to have exhibited a serious interest in energy issues, having shaped many of Virginia’s current policies. Unfortunately, he is closely allied with Dominion Power, voted for tax subsidies for the coal industry, tends to doubt the reality of climate change, and has been sharply critical of the EPA Clean Power Plan. On the plus side, he believes renewable energy should play an important role and was instrumental in launching the state’s bid for offshore wind. He also genuinely welcomes input from the public at meetings he runs.

That makes his committee choices all the more peculiar. Dick Black is better known as a social crusader who lines up with the far right wing of his party, most notably in opposition to abortion, gay rights and gun limits. Most recently, he made headlines by meeting with Syrian president Bashar Assad and urging the U.S. to lift economics sanctions against the Assad regime.

Black is a climate denier of the delusional variety, insisting at an event last August that global temperatures have not risen in 17 years and that no major hurricanes have hit the American mainland in 9 years. (2014 was the hottest year on record until 2015 seized the trophy. Superstorm Sandy, the largest Atlantic hurricane on record, struck in 2012.)

The forum was an “American for Prosperity grassroots event” (sic). The “crowd of about 18 people” included former Senator Ken Cuccinelli, no slouch himself in the climate denial department. Black compared EPA employees to “Bolshevik communists.” He and Cuccinelli used the event to criticize the Clean Power Plan as “part of a government scheme to send billions in taxpayer funds to ‘wind and solar scams’ and ‘billionaire liberals.’”

He received a grade of F from the Sierra Club in both 2014 and 2015. With a voting percentage of just 14% last year, he had the worst record in the Senate on climate and energy bills. In sum, the appointment of Dick Black to this committee can’t be called an effort to seek out thoughtful voices on the issues.

John Cosgrove is a solid conservative on name-brand issues like guns and abortion, though decidedly lacking Black’s flair for headlines. With a 67% score, he received a grade of D from the Sierra Club in 2015, up from an F in 2014. A review of the bills he has introduced in the last two years showed none related to climate or energy, again raising the question of why he was chosen for this particular subcommittee.

Richard Stuart’s voting record of 50% earned him an F in 2015, down from a C in 2014. However, he earned an award from the Sierra Club in 2014 for introducing a bill to regulate fracking; the bill did not pass. Senator Stuart also received “extra credit” on the 2015 scorecard for introducing the bill that established the Virginia Solar Energy Development Authority. In 2016, he also introduced one of the more ambitious renewable energy bills, working with Schaufeld’s Powered by Facts.

Roslyn Dance is the lone Democrat and only woman selected from the Senate. She has consistently voted on the side of clean energy, and was the patron of 2015 legislation raising the size limit on net-metered projects from 500 kW to 1 megawatt. This work earned her an award from the Sierra Club that year.

Dance scored 100% on both the 2014 scorecard (when she was a delegate) and the 2015 scorecard, for a grade of A+ each year. However, she came in for intense criticism in the 2016 session for abstaining on Senator Surovell’s coal ash bill, knowing it would fail in committee without her vote. The bill would have required Dominion Virginia Power to move stored coal ash out of unlined ponds along rivers for disposal in lined facilities away from water sources. Dance’s abstention was widely thought to be a favor to Dominion Power, saving the company from what might have been a nasty fight on the Senate floor.

The Delegates

Terry Kilgore, Chairman of House Commerce and Labor, represents part of rural southwest Virginia, and has close ties to Appalachian Power Company and the coal industry, both of which contribute generously to his campaigns. Bills opposed by utilities have little chance in his committee. In 2015, he earned an F on the energy and climate scorecard, with a 50% score, down from a D (63%) in 2014.

Lee Ware represents a suburban and rural area west of Richmond, stretching from the western side of Chesterfield County. He earned a C (75%) in 2014 and an F (50%) in 2015. In spite of these scores, he has shown an independent, thoughtful approach to energy legislation, and has demonstrated a serious interest in promoting energy efficiency. His bill to change how the State Corporation Commission evaluates utility efficiency programs is one of the pieces of legislation to be considered this summer.

Tim Hugo represents a suburban Northern Virginia district. He earned a D (67%) in 2014, with extra credit for introducing a bill that reclassified solar equipment as “pollution control equipment,” earning it a critical exemption from a local business property tax known as a “machinery and tools” tax. In 2015 his score dropped to an F (56%), in spite of an extra credit bump from introducing the House version of the Solar Development Authority bill.

As Majority Caucus Chair, Hugo’s poor scores reflect the leadership’s pro-coal, anti-regulation platform. He is nonetheless keenly interested in promoting solar energy, at least where he can do so without running into utility opposition. His close ties to Dominion have often meant he led the opposition to pro-solar net metering reforms, keeping them from moving out of the committee.

Margaret Ransone is the only woman named to the House subcommittee. She received an F (57%) in 2015, down from a C (71%) in 2014. She represents counties along the Northern Neck, near Richmond. She is not on the Commerce and Labor energy subcommittee, and has shown no particular interest in the subject. Her website suggests a mix of the ideological (pro-gun, anti-abortion) and the practical (high speed internet for rural areas).

Jackson Miller received an F (44%) in 2015, down from a D (63%) in 2014. His district is close to Hugo’s, covering the City of Manassas and part of Prince William County in the outer suburbs of Northern Virginia. Miller is Majority Whip for the House. He has consistently voted against expanding net metering options.

Mark Keam is the only Democrat on the House subcommittee as well as the only ethnic minority (he is Korean). He received an A+ (100%) in 2015, up from an A (88%) in 2014. He has generally supported expanded opportunities for renewable energy.

McAuliffe’s stark choice on the Clean Power Plan: serve Virginia, or Dominion Power

Photo by Josh Lopez, courtesy of the Sierra Club.

Photo by Josh Lopez, courtesy of the Sierra Club.

After the Supreme Court issued a stay of the EPA’s Clean Power Plan pending its review by the D.C. Circuit, many Republican governors halted compliance efforts in their states, while most Democratic governors opted to continue. Among these was Virginia Governor Terry McAuliffe, who plans to unveil a draft state implementation plan this fall.

Deciding to move forward on President Obama’s signature climate effort was an easy call. Polls show strong support for reducing carbon pollution, and the Governor wants to prove himself a team player who supports his president and his party. McAuliffe often reiterates his conviction that climate change is already producing extreme weather and increasingly severe coastal flooding in Virginia, making government action urgent.

Governor McAuliffe has another choice before him now: he can craft a compliance plan that moves Virginia firmly in the direction of clean energy and lower carbon emissions, or he can adopt one that allows unbridled growth in new power generation from natural gas. The latter could still meet the letter of the law, but it would hugely increase greenhouse gas emissions from Virginia power plants.

McAuliffe has this choice because EPA’s rules come in two parts: the Clean Power Plan addresses existing power plants under one section of the Clean Air Act, while new power plants are addressed under another section of that law. As a result of the statutory structure and EPA’s rules, states can choose to cover both under one set of rules with a total cap on utilities’ CO2 emissions, or they can address new and existing sources separately.

If a state chooses to cover both under a single cap, new generation can be added up to the cap or go beyond if the utility buys emission allowances from another utility. But if a state treats new and existing sources separately, then new sources can grow without limit as long as each new unit meets a unit-specific standard. Of course, building more fossil-fueled power plants of any type will increase carbon emissions, at a time when the U.S. desperately needs to cut back.

The carbon reduction target EPA set for Virginia under the Clean Power Plan is extremely modest. EPA’s numbers show Virginia can meet the target for existing sources simply by not increasing emissions. If the state also includes new power plants under the cap, however, it creates a real incentive to invest in clean energy.

But there’s a problem. Dominion Resources, the Richmond-based parent company of Dominion Virginia Power, is heavily invested in the natural gas sector, primarily transmission and storage. That has led Dominion to lobby for an implementation plan that covers only existing power plants.

Excluding new sources would leave the company free to build as many new natural gas-burning power plants in the state as it wants, locking in years of increased carbon pollution, and further boosting demand for fracked gas and pipeline capacity. Dominion’s plans call for more than 9,500 megawatts of new gas generation in Virginia, equivalent in carbon impact to building eight average-sized coal plants in the state.

McAuliffe can do what Dominion wants, or he can do the right thing for the climate. He can’t do both.

The stakes are high on both sides. McAuliffe has made job creation his number one priority, and he lures new industry to the state with the promise of lower-than-average electricity rates. Dominion says supporting its natural gas plans is the way to deliver on that promise. Whether that is true or not doesn’t count in this calculus; with state law limiting governors to a single term, McAuliffe is focused on the present.

But adopting a plan that allows unlimited increases in greenhouse gas emissions would run contrary to Virginia’s long-term interests. Not only is the state on the front lines of sea level rise, it needs predictable, affordable electricity prices for decades to come. And nothing can provide that better than renewable power and increased energy efficiency.

Neither Dominion nor anyone else can guarantee the price of natural gas over the life of a new power plant. Questions of price and supply bedevil even the best analysts and make forecasting risky. Moreover, the growing awareness of the climate impacts of methane from leaking wells and pipelines is already producing calls for tighter regulation of natural gas. A carbon tax or cap-and-trade legislation would also make all fossil fuels more expensive relative to carbon-free renewables.

While the cost of using natural gas can only go up, the costs of wind, solar and battery storage are expected to continue their astonishing declines. Advances in energy efficiency promise huge savings for states that pursue programs to help customers cut their energy use.

From a bill-payer’s perspective, then, investments in clean energy make more sense than building gas plants, even without taking federal regulations into consideration. Recent analyses show Virginia can cap carbon pollution from new power plants and still save money for electricity customers.

Environmental groups say their number one energy priority this year is to ensure Virginia adopts a Clean Power Plan that includes both existing and new sources, and they are counting on Governor McAuliffe to deliver. Their message is simple: if McAuliffe wants to be on the climate team, Virginia’s compliance plan must reduce CO2 emissions, not let them grow.

Only the good die young: A mid-way review of Virginia climate and energy bills

Photo credit: Corrina Beall

Photo credit: Corrina Beall

Virginia’s 2016 legislative session is only half over, but it’s already clear that the General Assembly is no more capable of dealing with climate change and a rapidly-evolving energy sector than it ever was. Republicans are stuck in denial, Democrats are divided between those who get it and those who don’t, and for most legislators in both parties, the default vote is whatever Dominion Power wants.

Republican attacks on EPA climate regulations sail through both houses, while popular RGGI legislation dies in committee.

Practically the first bills filed this session call for Virginia’s Department of Environmental Quality to submit for legislative approval any plan to comply with the EPA’s Clean Power Plan. Anxious to safeguard Virginia’s heritage of carbon pollution against the twin threats of clean energy and a more stable climate, the Republican leadership rammed through HB 2 and SB 21 on party-line votes. Governor McAuliffe has promised vetoes.

Eager as it was to defeat Obama’s approach to climate disruption, the Party of No supported no solutions of its own, even when proposed by one of its own. Virginia Beach Republican Ron Villanueva couldn’t even get a vote in subcommittee for his Virginia Alternative Energy and Coastal Protection Act, which would have had Virginia join the Regional Greenhouse Gas Initiative (RGGI). It was the only legislation introduced this year that would have lowered greenhouse gas emissions and raised money to deal with climate change. The Democratic-led Senate version also failed to move out of committee, on a party-line vote.

Republicans scoff at climate change, but they are beginning to worry about its effects. Bills have moved forward to work on coastal “resiliency” efforts and to continue studying sea level rise (referred to as “recurrent flooding,” as though it were a phenomenon unto itself and suggesting no particular reason it might get worse). The Senate passed SB 282, creating the Virginia Shoreline Resiliency Fund, and SJ 58, extending the work of the Joint Subcommittee to study recurrent flooding. The House passed HJ 84, a companion to SJ 58, and HB 903, establishing a Commonwealth Center for Recurrent Flooding Resiliency.

Bold energy efficiency measures die. Not-so-bold measures don’t do well either.

Virginia appears set to continue its woeful record on energy efficiency. Between the opposition of electric utilities and their regulators at the State Corporation Commission, bills that would have set the stage for cost-effective reductions in energy use got killed off early or watered down to nothing.

Among the latter were the fairly modest bills pushed by the Governor. They passed only when reduced to a provision for the SCC to evaluate how to measure the subject. Weirdly, even that found opposition from conservative members of the Senate and House.

The only bill to move forward more or less intact was Delegate Sullivan’s HB 1174, which requires state agencies to report on how badly the state is doing in meeting its efficiency goal. So we may not make progress, but at least we’ll have to acknowledge our failures. (Roughly the same group of conservatives didn’t think we should even go that far.)

Renewable energy bills won’t move forward this year, except the one Dominion wants.

As previously reported, the Republican chairmen of the House and Senate Commerce and Labor committees decided not to decide when it came to much-needed renewable energy reforms. Every bill to create new market opportunities for wind and solar was “carried over to 2017,” i.e., referred to a not-yet-existent subcommittee composed of unnamed people tasked with meeting at a not-yet-scheduled time, in order to do “something.”

“We do need to get moving on these solar bills faster than we have been going,” said House C&L Chairman Terry Kilgore, in explaining why his committee was not getting moving on any solar bills.

On the other hand, over in House Finance, Dominion Virginia Power’s bill to lower the taxes it pays for renewable energy property fared better. In exchange for an 80% tax exclusion for its own utility projects, Dominion offered up reductions in the tax savings currently afforded to the smaller projects being developed by independent solar companies. In an amusing sideshow, Republican leaders tried to use their support for this legislation to strong-arm liberal Democrats into supporting a bill extending coal subsidies, on the theory that passing one bill that benefits Dominion warrants passing another bill that benefits Dominion.

Given the lack of progress in opening the wind and solar markets, there is more than a little irony in the fact that legislation moved forward in both the House and Senate requiring utilities to direct customers to an SCC website with information about options for purchasing renewable energy. (Which leads to the question: if visitors to such a site encounter an error message, is it still an error?)

Coal subsidies remain everyone’s favorite waste of money.

Once again, the House and Senate passed bills extending corporate welfare for companies whose business model involves blowing up mountains and poisoning streams. Over the years legislators have spent more than half a billion dollars of taxpayer money on these giveaways, knowing full well it was money down a rat-hole. Community activists have pleaded with lawmakers to put the cash towards diversifying the coalfields economy instead, but there has never been a serious effort to redirect the subsidies to help mine workers instead of corporate executives and the utilities that buy coal.

This year the corporate handout went forward in the face of reports that one of the biggest recipients plans to pay multi-million-dollar bonuses to its executives while laying off miners and looking for ways to dodge its obligations to workers. Add to this the news that the same company owes two coalfields counties $2.4 million in unpaid taxes for last year, and you have to wonder what fairy tales legislators are hearing from lobbyists that makes them put aside common sense.

It’s not just Republicans who voted for these subsidies (though there is no excuse for them, either). Some Democrats did so, too. Governor McAuliffe has said he would veto these bills, which means senators like David Marsden, Jennifer Wexton, John Edwards and Chap Petersen will have a chance to redeem themselves by voting against an override.

Many thanks to Senators Howell, Ebbin, Favola, Locke, McEachin, McPike and Surovell for seeing through the propaganda of the coal lobby and voting no.

Dominion defeats legislation protecting the public from coal ash contamination

Senator Scott Surovell’s SB 537 would have required toxic coal ash to be disposed of in lined landfills rather than left in leaking, unlined pits and simply covered over. The bill failed in committee in spite of support from one Republican (Stanley), after Democratic Senator Roslyn Dance caved to pressure from Dominion and abstained. One might have expected more backbone from a legislator with coal ash contamination in her own district. (Nothing excuses the Republicans who voted against the public health on this, either. Last I heard, Republican babies are as vulnerable to water pollution as Democratic babies.)

 

Virginia legislators look to tax breaks and barrier-busting to boost renewable energy

Let's get these projects moo-ving. Photo credit NREL

Let’s get these projects moo-ving. Photo credit NREL

The orchestrated mayhem of the Virginia General Assembly session is well underway. Thirteen days are gone and only twenty-one days remain until what’s known as “Crossover,” after which any bill that hasn’t passed its own chamber is effectively dead. This year Crossover falls on February 16. After that, each chamber considers only bills already passed by the other.

By that measure, yours truly is one lazy blogger, because I’m only just getting to the renewable energy bills. On the other hand, bills were still being filed until Friday, and some bills are undergoing revisions before they are heard in committee. These are moving targets; advocates beware.

Removing barriers to investment 

Readers of this blog know that Virginia law is riddled with barriers that restrain the market for wind and solar in Virginia. This year several bills take aim at the policies holding us back.

HB 1286 (Randy Minchew, R-Leesburg, in Commerce and Labor) is barrier-busting legislation developed by the solar industry in consultation with the wind industry and solar advocates. It clarifies that renewable energy companies that sell to retail customers under power purchase agreements (PPAs) are not public utilities and don’t have to meet the statutory requirements for public utilities and suppliers. Customers can use third-party PPAs to purchase renewable energy electricity generated by facilities located on the customer’s property, everywhere in the state. The bill also lifts the one percent cap on net metering programs relative to total utility sales, and authorizes community net metering programs. It also expands the concept of “agricultural net metering” to cover other customers who want to attribute electricity from one facility to multiple meters on the customer’s property.

In addition, the bill amends the Commonwealth’s energy policy by adding the goals of encouraging private sector distributed renewable energy, increasing security of the electricity grid by supporting distributed renewable energy projects, and augmenting the exercise of private property rights by landowners desiring to generate their own energy from renewable energy sources on their lands. None of this language by itself forces action, but the State Corporation Commission takes note of energy policy in its decision-making.

SB 140 (John Edwards, D-Roanoke, in Commerce and Labor) attacks the standby charges that have been so controversial. It increases the size of electrical generating facilities operated by residential or agricultural net energy metering customers that are subject to a monthly standby charge from those with a capacity of 10 kilowatts to those with a capacity of 20 kilowatts. Since residential solar facilities that are net-metered are already limited to 20 kW, this would effectively repeal standby charges for residential net metering.

SB 139 (John Edwards, D-Roanoke, in Commerce and Labor) makes a small change to the existing agricultural net metering option.

SB 148 (John Edwards, D-Roanoke, in Commerce and Labor) replaces the pilot program enacted in 2013 that authorized a limited pilot program for third-party PPAs. generation facilities. The bill requires the State Corporation Commission to establish third-party power purchase agreement programs for each electric utility. The existing pilot program applies only to Dominion Virginia Power and sets the maximum size of a renewable generation facility at one megawatt; the programs authorized by SB 148 apply to all electric utilities and do not set limits on the size of facilities.

Although SB 148 is similar to HB 1286 in attempting to ensure the legality of third-party PPAs, solar advocates prefer HB 1286. Giving the State Corporation Commission authority here should not be necessary and might lead to higher costs and more regulations.

Community energy/solar gardens

It’s darned hard to buy renewable energy in Virginia if you are among the approximately 75% of residents who can’t put solar panels on your own roof or build a wind turbine out on the back forty. That’s an enormous untapped market.

SB 1286, above, contains a provision authorizing community energy programs In addition, HB 1285 (Randy Minchew, R-Leesburg, in Commerce and Labor) is a stand-alone bill that authorizes (but does not require) investor-owned utilities and coops to establish community energy programs.

HB 618 (Paul Krizek, D-Alexandria, referred to Commerce and Labor) would require the State Corporation Commission to adopt rules for “community solar gardens” that would let customers subscribe to a portion of the output of a solar facility located elsewhere in their area. The solar electricity and the renewable energy credits (RECs) would be sold to the local utility, which would then credit the subscribers on their utility bills.

But whereas customers who have solar panels one their own roof get credited at full retail value and own the associated renewable energy credits, HB 618 allows the SCC to devise rules that could result in a much worse deal for solar garden subscribers, including allowing the utility to impose a “reasonable charge” to cover ill-defined costs.

That’s an unfortunate invitation to the utilities to pile on fees. Unless the utilities involved really want to make the program work for their customers, it’s hard to imagine this turning out well. We would not expect to see viable programs in Dominion or APCo territory if this passes. On the other hand, some municipal utilities have been more responsive to the interests of their customers, so it could work for them.

Tax credits and exemptions

An important tax bill to watch this year is HB 1305 (Jackson Miller, R-Manassas, referred to Finance), which changes the state and local tax treatment of solar and wind energy facilities. It exempts utility solar and wind from taxation, but lowers from 20 MW to 1 MW the size of other solar projects that are exempt from local machinery and tools tax (a kind of personal property tax; securing that exemption was a major win for the solar industry in 2014). The bill replaces the hard-won 100% exemption with an 80% exemption. The change is very nice for utilities (Virginia is always very nice to utilities), but it makes the economics worse for third-party owned facilities in the 1 MW to 20 MW range—exactly the ones the state should be trying to attract.

SB 743 (Frank Wagner, R-Virginia Beach, referred to Agriculture, Conservation and Natural Resources) helps solar projects below 5 MW qualify for the above-mentioned tax exemption passed in 2014. The bill makes the Department of Mines, Minerals and Energy the agency that certifies solar projects as “pollution control equipment and facilities,” eligible for exemption from state and local taxation. This exemption from state sales tax and local machinery and tools taxes is one of the few perks Virginia can offer commercial-scale solar developers here, where margins on projects are very thin compared with projects in North Carolina or Maryland with stronger incentives.

Tax credits are also on the agenda this year. Tax credits fell into disfavor in Virginia following an audit that revealed that many tax credits aren’t achieving their objectives (see: tax subsidies for coal mining). Senate Finance Committee members resolved to end them just about the same time the solar industry came asking for one themselves two years ago, with unhappy results for solar. But tax credits are legislative candy, and there’s no telling how long the diet will last. Hopeful persons may as well put out their own plate of chocolates. If the diet is off, then the main problem with this year’s bills, from the point of view of the Republicans who make up the majority of our legislature, is simply that they come from Democrats.

HB 480 (Rip Sullivan, D-Arlington, referred to Finance) establishes a 35% tax credit for renewable energy property, to be claimed over 5 years, with a $5 million program cap. The credit would apply not just to wind and solar but also some biomass, combined heat and power, geothermal and hydro systems.

SB 142 (John Edwards, D-Roanoke, referred to Finance) and HB 1050 (Sam Rasoul, D-Roanoke, referred to Finance) establish a tax credit of up to 30% for solar thermal systems used for water heating or space heating and cooling. Solar PV systems are not included in the bill.

State funding through carbon cap and trade

SB 571 (Donald McEachin, D-Richmond, referred to Agriculture, Conservation and Natuaral Resources) and HB 351 (Villanueva, R-Virginia Beach, referred to Commerce and Labor) would require the Governor to join the Regional Greenhouse Gas Initiative (RGGI), the cap-and-trade program that has successfully ratcheted down carbon emissions in the northeastern states. Funds generated by auction allowances would fund sea level rise adaptation in coastal areas, economic transition efforts for southwest Virginia, energy efficiency for low-income families, and distributed renewable energy programs.

Financing

HB 941 (David Toscano, D-Charlottesville, referred to Counties, Cities and Towns) expands the authorization for Property Assessed Clean Energy (PACE) programs to include residential and condominium projects. This would allow localities to offer low-interest financing to homeowners for both energy efficiency and renewable energy investments.

Utility cost recovery

HB 1220 (David Yancey, R-Newport News, referred to Commerce and Labor) is billed as a technical fix for language added to the Code last year that encourages utilities to invest in solar. The bill clarifies that a utility that purchases a solar facility is allowed cost recovery on the same favorable terms it would get by building the facility itself.

Energy storage

Energy storage is emerging as the hot new energy technology area, about where solar was five years ago. Interest in it has been driven by recent price declines as well as the success of wind and solar and the growing awareness that these carbon-free sources are likely to make up a significant portion of our electricity supply in coming years. So while the use of storage is by no means limited to renewable energy applications, I include it here because it will interest those who follow wind and solar policy.

HB 452 (Patrick Hope, D-Arlington, in Commerce and Labor) and SB 403 (Ebbin, D-Alexandria, in Commerce and Labor) create the Virginia Energy Storage Consortium to promote research, development, commercialization, manufacturing and deployment of energy storage. It’s a great idea.

HB 1137 (David Toscano, D-Charlottesville, in Commerce and Labor) directs the State Corporation Commission to develop a program to enable commercial and industrial customers to sell battery storage services to the grid. If you’ve heard of the concept known as “vehicle-to-grid” (using electric cars to put power back on the grid as well as drawing from it), you’ll understand what this is about. It would allow these and other “energy balancing devices” to provide value to the grid in the form of spinning reserves, frequency regulation, distribution system support, reactive power, demand response, or other electric grid services. It’s an idea whose time has come.

Biomass

Wind and solar have several less popular relatives with more tenuous claims on the renewable energy family name. Virginia’s definition of “renewable” embraces them all, regardless of merit. It treats biomass to a special place of honor, including even the burning of trees that haven’t been harvested sustainably, and regardless of how much pollution gets spewed into the atmosphere.

SB 647 (Barbara Favola, D-Arlington, in Commerce and Labor) and HB 973 (Alfonso Lopez, D-Arlington, in Commerce and Labor) would change that to require that electricity from new biomass plants, to qualify as renewable energy, would have to meet a minimum efficiency level. Burning wood from trees would generally meet that standard only when it produces both electricity and heat (or, through the magic of science, cooling).

Consumer choice

HB 444 (Manoli Loupassi, R-Richmond, in Commerce and Labor) and SB 745 (Frank Wagner, R-Virginia Beach, in Commerce and Labor) would expand the current requirement that utilities inform ratepayers about their options for purchasing renewable energy.

Which might lead you to ask, “what options?” since for most of us here in Virginia they are sadly lacking. But maybe this year’s session will start to change that.

A note about House Commerce and Labor: Bills noted above that have been assigned to the House Committee on Commerce and Labor have all been assigned to its Subcommittee on Energy. This powerful subcommittee typically meets only once or twice before Crossover. I’m told it will meet on the afternoon of Tuesday, February 9, likely continuing well into the evening due to the number of bills assigned.

February 9 is also Clean Energy Lobby Day, when members of the renewable energy and energy efficiency industries descend on Richmond to educate legislators about the need for sound reforms. This year the solar industry trade association MDV-SEIA is organizing the lobby day, which is free to participants. The organization has also created a petition to support third-party financing of solar in Virginia.


UPDATE:

Senator McEachin files bill for mandatory RPS. SB 761 Donald McEachin (D-Richmond) would make Virginia’s pathetic, voluntary RPS into a mandatory RPS that would rank as one of the best in the country. It would require utilities to meet an increasing percentage of electricity sales from solar, onshore wind, offshore wind, and energy efficiency, reaching 25% of base year sales by 2025 (and deleting the current, obnoxious slight-of-hand that leaves nuclear out of the equation, but keeping a base year of 2007). By 2017, half of it would have to come from sources located within Virginia.

2016 bills show Virginia might finally get serious (sort of) about energy efficiency

Clive Upton/Wikimedia Commons

Clive Upton/Wikimedia Commons

Energy efficiency: it’s the resource that everyone praises and few pursue. If Dominion Virginia Power approached efficiency programs with the enthusiasm it devotes to building natural gas plants, then—well, it wouldn’t need the new gas plants.

And that’s the crux of the problem. Virginia’s utilities earn more money by building stuff than by not building it, and the excuse to build new stuff comes when demand for electricity increases. If people use less electricity—say, by buying more efficient lighting and appliances—that’s good for consumers, but bad for utility profits.

The Virginia State Corporation Commission hasn’t helped matters; it takes a skeptical view of utility-sponsored energy efficiency programs, rarely approving the kind of programs that would be needed for Virginia to make progress towards its modest goal of lowering electricity use 10% by 2022. Changing the SCC’s attitude through legislation is hard; doing so without the support of the utilities is impossible.

This is where the Governor finds his opportunity for modest progress. Terry McAuliffe has been very, very good to Dominion. He’s supported its fracked-gas pipeline, its budget-busting nuclear ambitions, its new gas plants, and even the rate boondoggle it secured last year that allows it to pick the pockets of Virginia ratepayers to the tune of a billion dollars.

So the least Dominion can do is to support the Governor’s efforts to improve Virginia’s dismal record on energy efficiency, reflected in HB 1053 (referred to House Commerce and Labor) and SB 395 (Senate Commerce and Labor). In a sign the utility may have acquiesced, the bills patrons are Delegate Terry Kilgore, the powerful chairman of the House Commerce and Labor Committee, and Senator Kenny Alexander, a Democrat on Senate Commerce and Labor who has shown no previous interest in reforming energy policy—but who, like Kilgore, ranks utilities among his top donors.

The legislation replaces an ineffective lost-revenue provision in the Code with an incentive-based approach intended to reward investor-owned utilities for success. According to a fact sheet the Administration is sharing with legislators, the utilities will reap bonuses in proportion to the amount of energy saved through implementing cost-effective programs:

  • An additional 1% of the actual costs of the program, if the utility achieves a levelized cost of saved energy (LCSE) for the program at or below six cents per kilowatt-hour;
  • An additional 2% of the actual costs of the program, if the utility achieves a LCSE for the program at or below five cents per kilowatt-hour;
  • An additional 3% of the actual costs of the program, if the utility achieves a LCSE for the program at or below four cents per kilowatt-hour;
  • An additional 4% of the actual costs of the program, if the utility achieves a LCSE for the program at or below three cents per kilowatt-hour.

These two Administration bills have the most momentum behind them, but they are not the only legislation out there looking for ways to make serious energy efficiency gains. The best of the bills is HB 576 (Rip Sullivan, D-Arlington, in Commerce and Labor). It requires the SCC to approve cost-effective efficiency programs and, more significantly, establishes robust new energy efficiency goals that utilities would be required to meet.

Sullivan has clearly spent a lot of time this year thinking about the policy barriers to energy efficiency. He correctly pegs SCC procedure as one of the problems.

HB 575 (in Commerce and Labor) as well as HB 352 (Lee Ware, R-Powhatan, also in Commerce and Labor) take aim at the way the SCC evaluates energy efficiency programs. Sullivan’s bill would make it easier for a program to meet the SCC’s standards. As currently written, Ware’s would actually make it harder; however, we hear this may be a drafting error, so we will be watching for amendments that would make this a bill to support.

Two more good bills from Sullivan also deserve mention. HB 1174 (in Commerce and Labor) requires the SCC to report on Virginia’s progress towards our 10% energy reduction goal. HB 493 (referred to Appropriations) creates an Energy Efficiency Revolving Fund to provide no-interest loans to localities, school divisions, and public institutions of higher education.

Freshman Delegate John Bell (D-Chantilly) has introduced a modest bill of such remarkable common sense that it shouldn’t be needed (but is). HB 808 requires government agencies to use LED light bulbs instead of incandescent bulbs when installing, maintaining or replacing outdoor light fixtures. The bill has been referred to the Committee on General Laws.

It’s also worth noting that two bills I previously included in the roundup of climate-related legislation would also have a significant impact on energy efficiency investments. HB 351 (Ron Villanueva, R-Virginia Beach, referred to Commerce and Labor) and SB 571 (Donald McEachin, D-Richmond, referred to Agriculture) would direct the Governor to join the Regional Greenhouse Gas Initiative (RGGI), the cap-and-trade plan that the northeastern states have used successfully to reduce carbon emissions and raise funds to further the RGGI goals. In Virginia, these funds would include millions of dollars for energy efficiency.

Finally, there’s a bill expanding Virginia’s authorization for Property Assessed Clean Energy (PACE) programs, which allow localities to loan money to property owners for energy efficiency and renewable energy. HB 941 (David Toscano, D-Charlottesville) expands the authorization for PACE programs to include residential and condominium projects.