As the 2017 Regular Session of the Virginia General Assembly heats up, we are keeping a close eye on legislation that could support the development of additional solar energy in the Commonwealth. As noted in the Richmond Times-Dispatch, there is significant regulatory uncertainty in Virginia regarding the rights of utility customers to purchase solar energy. The Times-Dispatch reported that this legal and regulatory uncertainty “may be stifling the development of a lot of solar projects in Virginia.”
In particular, our attorneys will be reviewing the proposed legislation that emerges from the so-called “Rubin Group,” a group of energy stakeholders, including utilities and pro-solar advocates, that is moderated by Richmond lawyer and mediator Mark Rubin. The stakeholder group has been working for months to propose legislation that would encourage solar development, including investments by non-utility companies, while at the same time balancing the concerns of the utilities who must bear the costs to maintain the electric distribution system. Solar advocates generally want customers to have the freedom to purchase 100% solar energy – even if it is not offered by their incumbent electric utility. The utilities, meanwhile, are concerned that if more customers purchase solar generation from third-party solar suppliers, it could mean less revenue for maintenance of the electric grid.
Please contact one of our energy lawyers or regulatory attorneys should you have questions about the status of any energy legislation being considered by the General Assembly this year. Call it our sunny optimism, but we think solar energy has a bright future in Virginia!