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A BILL to amend the Code of Virginia by adding in Chapter 17 of Title 45.2 an article numbered 10, consisting of sections numbered
45.2-1735
through
45.2-1740
, relating to Virginia Clean Energy and Battery Storage Promotion, Research, and Market Development Program, Board, and Fund established; tax assessment; report.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Chapter 17 of Title 45.2 an article numbered 10, consisting of sections numbered
45.2-1735
through
45.2-1740
, as follows:
Article
10
.
Virginia Clean Energy
a
nd Battery Storage Promotion, Research,
a
nd Market Development Program
.
§
45.2-1
735
. Definitions.
As used in this article, unless the context requires a different meaning:
"Board" means the
Virginia Clean Energy and Battery Storage Promotion Board
established
pursuant to §
45.2-1
737
.
"Fund" means
Virginia Clean Energy and Battery Storage Promotion
Fund
established
pursuant to §
45.2-1
73
9
.
"Program" means the
Virginia Clean Energy and Battery Storage Promotion
, Research, and Market Development
Program established
pursuant to § 45.2-
17
36
.
§
45.2-1
736
.
Clean Energy and Battery Storage Promotion
, Research, and Market Development
Program
.
A.
The
Director
shall establish
, in coordination with the Board,
the Virginia Clean Energy and Battery Storage Promotion, Research, and Market Development Program. The purpose of the
Program
is
to
:
1. Promote adoption, deployment, and understanding of solar energy and battery storage technologies;
2. Support market development, public information, and workforce development initiatives;
3. Conduct research and technical studies on cost reduction, deployment barriers, and grid integration;
4
. Fund activities consistent with § 501(c)(6) of the Internal Revenue Code, provided such activities do not constitute political campaign intervention; and
5
. Coordinate activities with national and interstate clean energy checkoff organizations.
B. The
Director
shall implement th
e
P
rogram
in coordination
with the Virginia Clean Energy and Battery Storage Promotion Board.
§
45.2-1
737
.
Virginia Clean Energy and Battery Storage Promotion Board; purpose; m
embership; terms; quorum; meetings.
A.
The
Virginia Clean Energy and Battery Storage Promotion Board
is established as a
policy
board in the executive branch of state government. The purpose of the Board is to
coordinate with the Director to
establish a program for
the promotion, research, and market dev
elopment of clean energy and battery storage
.
B
. The Board shall have a total membership of 1
3
members that shall consist of 1
2
nonlegislative citizen members and one ex officio member. Nonlegislative citizen members shall be appointed by the Governor and subject to confirmation by the General Assembly,
of whom
four shall be representatives of the solar industry, four shall be representative o
f the battery storage industry, one shall be a representative of a consumer or ratepayer advocacy organization,
one shall be a representative of a Virginia-based academic or research institution with relevant expertise,
and two shall have experience in clean energy economics, marketing, or deployment.
C
. The Director or his designee shall serve ex officio with
non
voting privileges and shall assist in convening the meetings of the Board.
D
. Nonlegislative citizen members of the Board shall be citizens of the Commonwealth. The ex officio member of the Board shall serve a term coincident with his term of office. Nonlegislative citizen members shall be appointed for a term of three years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed.
E
. The Board shall elect a chair and vice-chair from among its membership. A majority of the members shall constitute a quorum. The meetings of the Board shall be held at the call of the chair or whenever the majority of the members so request.
§
45.2-1
738
. Powers and duties of the Board; report.
The Board has the
following
powers and duties:
1. Advise the Director on
Program
priorities
;
2.
Administer, manage, and make expenditures from the Fund
;
3.
Provide
guidelines for grants, contracts, and research;
4. Review
and approve
all projects
funded under the Program;
5. Engage
and cooperate
with national and interstate clean energy checkoff organizations;
6
.
Enter into contracts to accomplish the purposes of the
Program;
7. Establish committees of the Board to address issues
determined by the Board
to be
pertinent to the clean energy and storage industry
;
a
nd
8.
Submit to the Governor and the General Assembly an annual report for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports. The chair shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Board no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§
45.2-1
739
.
Virginia Clean Energy and Battery Storage Promotion
Fund.
There is hereby established in the state treasury a special nonreverting fund to be known as the
Virginia Clean Energy and Battery Storage Promotion Fund
. The Fund shall be established on the books of the Comptroller. All funds
generated by
fees
on
solar energy systems and battery storage systems pursuant to §
45.2-17
40
and all
funds
appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of
implementing and administering the Program.
Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the
Director at the direction of the Board
.
§
45.2-1
7
40
.
Fee
s
on solar photovoltaic projects and energy storage systems
.
A. As used in this section:
"Developer" means a private developer of a solar photovoltaic project or an energy storage system
intended to be located in the Commonwealth.
B.
There
shall
be imposed a
fee
of (i) $
0.02
per watt, as measured in
the
alternating current (AC) generation capacity of the nameplate capacity of the facility based on submissions by the facility owner to the interconnecting utility for a solar photovoltaic project and
(ii)
$
0.02
per watt, as measured in AC storage capacity, on any energy storage system, to
be paid
in
to
the Virginia Clean Energy and Battery Storage Promotion Fund established pursuant to §
45.2-1739
. The Department shall assess
the fee
imposed
pursuant to this section.
C. The fee imposed pursuant to subsection B shall apply to the sale by a manufacturer, whether located within or outside the Commonwealth, to a developer intending to install or operate the solar photovoltaic project or energy storage system in the Commonwealth. The developer making the first purchase of the solar photovoltaic project or energy storage system for use in the Commonwealth shall be liable for the fee. The fee shall be imposed only once per solar photovoltaic project or energy storage system.
D. The Director, in consultation with the Board, may adopt regulations as necessary to interpret, administer, and enforce the provisions of this section.