2023 Regular SessionVirginia Legislature

SB1370: Electric utilities; pilot program for underground transmission or distribution lines, adds projects.

Legislative Summary

Electric utilities; pilot program for underground transmission or distribution lines; additional projects. Adds one project to the existing pilot program for underground transmission lines. The bill requires the State Corporation Commission to approve one additional application filed between January 1, 2023, and October 1, 2023, as a qualifying project to be constructed in whole or in part underground, as a part of the pilot program. The bill requires that the added qualifying project be a newly proposed 230-kilovolt underground line and that (i) an engineering analysis demonstrates that it is technically feasible to place the proposed line, in whole or in part, underground; (ii) the governing body of each locality in which a portion of the proposed line will be placed underground indicates, by resolution, general community support for the project and that the governing body supports the transmission line to be placed underground; (iii) a project has been filed with the Commission or is pending issuance of a certificate of public convenience and necessity by October 1, 2023; (iv) the estimated additional cost of placing the proposed line, in whole or in part, underground does not exceed $40 million or, if greater than $40 million, the cost does not exceed 2.5 times the cost of placing the same line overhead, assuming accepted industry standards for undergrounding to ensure safety and reliability; if the public utility, the affected localities, and the Commission agree, a proposed underground line whose cost exceeds 2.5 times the cost of placing the line overhead may also be accepted into the pilot program; (v) the public utility requests that the project be considered as a qualifying project under the pilot program; and (vi) the primary need of the project is for purposes of grid reliability or grid resiliency or to support economic development priorities of the Commonwealth, including the economic development priorities and the comprehensive plan of the governing body of the locality in which at least a portion of line will be placed, and not to address aging assets that would have otherwise been replaced in due course. Electric utilities; pilot program for underground transmission or distribution lines; additional projects. Adds one project to the existing pilot program for underground transmission lines. The bill requires the State Corporation Commission to approve one additional application filed between January 1, 2023, and October 1, 2023, as a qualifying project to be constructed in whole or in part underground, as a part of the pilot program. The bill requires that the added qualifying project be a newly proposed 230-kilovolt underground line and that (i) an engineering analysis demonstrates that it is technically feasible to place the proposed line, in whole or in part, underground; (ii) the governing body of each locality in which a portion of the proposed line will be placed underground indicates, by resolution, general community support for the project and that the governing body supports the transmission line to be placed underground; (iii) a project has been filed with the Commission or is pending issuance of a certificate of public convenience and necessity by October 1, 2023; (iv) the estimated additional cost of placing the proposed line, in whole or in part, underground does not exceed $40 million or, if greater than $40 million, the cost does not exceed 2.5 times the cost of placing the same line overhead, assuming accepted industry standards for undergrounding to ensure safety and reliability; if the public utility, the affected localities, and the Commission agree, a proposed underground line whose cost exceeds 2.5 times the cost of placing the line overhead may also be accepted into the pilot program; (v) the public utility requests that the project be considered as a qualifying project under the pilot program; and (vi) the primary need of the project is for purposes of grid reliability or grid resiliency or to support economic development priorities of the Commonwealth, including the economic development priorities and the comprehensive plan of the governing body of the locality in which at least a portion of line will be placed, and not to address aging assets that would have otherwise been replaced in due course. Additionally, the bill adds one project to place underground an electric distribution mainline as part of a transportation infrastructure improvement project incorporating transit that has been initially accepted for partial funding of at least $250 million pursuant to a federal program. The bill provides that such project is qualified to be placed underground if (a) the estimated additional cost of placing the proposed mainline, in whole or in part, underground does not exceed $40 million or, if greater than $40 million, the cost does not exceed 2.5 times the cost of placing the same line overhead, assuming accepted industry standards for undergrounding to ensure safety and reliability; if the public utility, the affected localities, and the Commission agree, a proposed underground line whose cost exceeds 2.5 times the cost of placing the line overhead may also be accepted into the pilot program and (b) the public utility requests that the project be considered as a qualifying project under this section. The provisions of the bill related to the underground distribution mainline expire on July 1, 2028.

Demographic Impact

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70% Positive
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Bill History

1/11/2023
Prefiled and ordered printed; offered 01/11/23 23101426D
Senate
1/11/2023
Referred to Committee on Commerce and Labor
Senate
1/23/2023
Reported from Commerce and Labor (14-Y 0-N)
Senate
1/23/2023
Rereferred to Finance and Appropriations
Senate
2/2/2023
Committee substitute printed 23106236D-S1
Senate
2/2/2023
Reported from Finance and Appropriations with substitute (16-Y 0-N)
Senate
2/3/2023
Constitutional reading dispensed (38-Y 0-N)
Senate
2/6/2023
Read second time
Senate
2/6/2023
Reading of substitute waived
Senate
2/6/2023
Committee substitute agreed to 23106236D-S1
Senate
2/6/2023
Engrossed by Senate - committee substitute SB1370S1
Senate
2/6/2023
Constitutional reading dispensed (39-Y 0-N)
Senate
2/6/2023
Passed Senate (39-Y 0-N)
Senate
2/10/2023
Placed on Calendar
House of Delegates
2/10/2023
Read first time
House of Delegates
2/10/2023
Referred to Committee on Commerce and Energy
House of Delegates
2/16/2023
Reported from Commerce and Energy with substitute (22-Y 0-N)
House of Delegates
2/16/2023
Committee substitute printed 23107228D-H1
House of Delegates
2/16/2023
Substitute bill reprinted 23107228D-H1
House of Delegates
2/20/2023
Read second time
House of Delegates
2/21/2023
Read third time
House of Delegates
2/21/2023
Committee substitute agreed to 23107228D-H1
House of Delegates
2/21/2023
Engrossed by House - committee substitute SB1370H1
House of Delegates
2/21/2023
Passed House with substitute BLOCK VOTE (99-Y 0-N)
House of Delegates
2/21/2023
VOTE: Block Vote Passage (99-Y 0-N)
House of Delegates
2/22/2023
House substitute rejected by Senate (0-Y 40-N)
Senate
2/23/2023
House insisted on substitute
House of Delegates
2/23/2023
House requested conference committee
House of Delegates
2/23/2023
Senate acceded to request (40-Y 0-N)
Senate
2/23/2023
Conferees appointed by Senate
Senate
2/23/2023
Senators: Surovell, Mason, Vogel
Senate
2/23/2023
Conferees appointed by House
House of Delegates
2/23/2023
Delegates: Webert, Kilgore, Krizek
House of Delegates
2/24/2023
Conference: Amended by conference committee
2/24/2023
Conference report agreed to by Senate (40-Y 0-N)
Senate
2/24/2023
Conference report agreed to by House (95-Y 0-N)
House of Delegates
2/24/2023
VOTE: Adoption (95-Y 0-N)
House of Delegates
3/7/2023
Enrolled
Senate
3/7/2023
Bill text as passed Senate and House (SB1370ER)
Senate
3/8/2023
Signed by President
Senate
3/8/2023
Signed by Speaker
House of Delegates
3/13/2023
Enrolled Bill Communicated to Governor on March 13, 2023
Senate
3/13/2023
Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
3/27/2023
Governor's recommendation received by Senate
Senate
3/27/2023
Governor's substitute printed 23107780D-S2
Senate
4/12/2023
Passed by for the day
Senate
4/12/2023
Communicated to Governor
Senate
5/12/2023
Governor: Vetoed by Governor

Amendments

Conference amendments

Conference amendments

2/24/2023Not Adopted

Substitute for SB1370 for S-Finance and Appropriations

Substitute for SB1370 for S-Finance and Appropriations

2/2/2023Not Adopted

Governor's recommendation

Governor's recommendation

12/17/2017Not Adopted

Roll Call Votes

Senate: Conference report agreed to by Senate (40-Y 0-N)
2/24/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Adoption (95-Y 0-N)
2/24/2023
95
Yea
0
Nay
0
Not Voting
5
Absent
Result: PASSED
Senate: Senate acceded to request (40-Y 0-N)
2/23/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: House substitute rejected by Senate (0-Y 40-N)
2/22/2023
0
Yea
40
Nay
0
Not Voting
0
Absent
Result: FAILED
House: VOTE: Block Vote Passage (99-Y 0-N)
2/21/2023
99
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
House: Reported from Commerce and Energy with substitute (22-Y 0-N)
2/16/2023
22
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Constitutional reading dispensed (39-Y 0-N)
2/6/2023
39
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Passed Senate (39-Y 0-N)
2/6/2023
39
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Constitutional reading dispensed (38-Y 0-N)
2/3/2023
38
Yea
0
Nay
0
Not Voting
2
Absent
Result: PASSED
Senate: Reported from Finance and Appropriations with substitute (16-Y 0-N)
2/2/2023
16
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Commerce and Labor (14-Y 0-N)
1/23/2023
14
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Vetoed(5/12/2023)
Chamber
Senate
Sine DiePrior Session

Sponsors

Republican: 1

Primary Sponsor

Jill Vogel
Jill Vogel
Republican

Documents

Conference Sub
Bill Text3/27/202311.1 KB
Enrolled
Bill Text3/7/202312.0 KB
Comm Sub
Bill Text2/16/202312.2 KB
Comm Sub
Bill Text2/2/202312.2 KB
Prefiled
Bill Text1/11/202311.1 KB
Fiscal Note/Analysis
Fiscal Note/Analysis3/16/202361.8 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/27/202359.1 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/14/202362.2 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/25/202360.1 KB