2023 Regular SessionVirginia Legislature

SB1477: Electric utility; offshore wind affiliate.

Legislative Summary

Electric utility; offshore wind affiliate. Authorizes Dominion Energy Virginia, in connection with certain offshore wind projects, to establish an offshore wind affiliate, defined in the bill, for the purpose of securing a noncontrolling equity financing partner for the project. Under the bill, such offshore wind affiliate is authorized to operate as a public utility in association with the utility. The bill requires the State Corporation Commission, in acting upon any request for associated cost recovery, to utilize the capital structure and cost of capital of the utility and to disregard the capital structure and cost of capital of any noncontrolling entity's interest in the offshore wind affiliate. If any ownership interest in the offshore wind affiliate is transferred to such a noncontrolling entity, the bill requires the Commission to ensure, in granting any approval for the transfer or for cost recovery, that any gain on the utility's basis is credited to the utility's customers through a rate adjustment clause credit mechanism. The bill provides that such an affiliate is considered an electric supplier for the purposes of tax provisions requiring certain electric suppliers to pay a minimum tax rather than the corporate income tax for any year their minimum tax liability is greater than their corporate income tax liability. Electric utility; offshore wind affiliate. Authorizes Dominion Energy Virginia, in connection with certain offshore wind projects, to establish an offshore wind affiliate, defined in the bill, for the purpose of securing a noncontrolling equity financing partner for the project. Under the bill, such offshore wind affiliate is authorized to operate as a public utility in association with the utility. The bill requires the State Corporation Commission, in acting upon any request for associated cost recovery, to utilize the capital structure and cost of capital of the utility and to disregard the capital structure and cost of capital of any noncontrolling entity's interest in the offshore wind affiliate. If any ownership interest in the offshore wind affiliate is transferred to such a noncontrolling entity, the bill requires the Commission to ensure, in granting any approval for the transfer or for cost recovery, that any gain on the utility's basis is credited to the utility's customers through a rate adjustment clause credit mechanism. The bill provides that such an affiliate is considered an electric supplier for the purposes of tax provisions requiring certain electric suppliers to pay a minimum tax rather than the corporate income tax for any year their minimum tax liability is greater than their corporate income tax liability.

Bill History

1/18/2023
Presented and ordered printed 23104124D
Senate
1/18/2023
Referred to Committee on Commerce and Labor
Senate
1/24/2023
Assigned C&L sub: Energy
Senate
1/30/2023
Reported from Commerce and Labor with amendments (15-Y 0-N)
Senate
2/1/2023
Constitutional reading dispensed (40-Y 0-N)
Senate
2/2/2023
Read second time
Senate
2/2/2023
Reading of amendments waived
Senate
2/2/2023
Committee amendments agreed to
Senate
2/2/2023
Engrossed by Senate as amended SB1477E
Senate
2/2/2023
Printed as engrossed 23104124D-E
Senate
2/2/2023
Constitutional reading dispensed (40-Y 0-N)
Senate
2/2/2023
Passed Senate (40-Y 0-N)
Senate
2/9/2023
Placed on Calendar
House of Delegates
2/9/2023
Read first time
House of Delegates
2/9/2023
Referred to Committee on Commerce and Energy
House of Delegates
2/16/2023
Reported from Commerce and Energy with amendment(s) (21-Y 0-N)
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 amendments agreed to
House of Delegates
2/21/2023
Engrossed by House as amended
House of Delegates
2/21/2023
Passed House with amendments (87-Y 12-N)
House of Delegates
2/21/2023
VOTE: Passage (87-Y 12-N)
House of Delegates
2/22/2023
House amendments agreed to by Senate (39-Y 1-N)
Senate
3/7/2023
Enrolled
Senate
3/7/2023
Bill text as passed Senate and House (SB1477ER)
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
3/24/2023
Governor: Approved by Governor-Chapter 510 (effective 7/1/23)
3/24/2023
Governor: Acts of Assembly Chapter text (CHAP0510)

Amendments

House amendments engrossed

House amendments engrossed

2/21/2023Not Adopted

House committee amendments reported

House committee amendments reported

2/17/2023Not Adopted

Amendment(s) for SB1477 for Committee: Commerce and Energy

Amendment(s) for SB1477 for Committee: Commerce and Energy

2/16/2023Not Adopted

Amendment(s) for SB1477 S-Commerce and Labor, Energy

Amendment(s) for SB1477 S-Commerce and Labor, Energy

1/25/2023Not Adopted

Senate amendments

Senate amendments

12/17/2017Not Adopted

Roll Call Votes

Senate: House amendments agreed to by Senate (39-Y 1-N)
2/22/2023
39
Yea
1
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Passage (87-Y 12-N)
2/21/2023
87
Yea
12
Nay
0
Not Voting
1
Absent
Result: PASSED
House: Reported from Commerce and Energy with amendment(s) (21-Y 0-N)
2/16/2023
21
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Passed Senate (40-Y 0-N)
2/2/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Constitutional reading dispensed (40-Y 0-N)
2/2/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Constitutional reading dispensed (40-Y 0-N)
2/1/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Commerce and Labor with amendments (15-Y 0-N)
1/30/2023
15
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Passed(3/24/2023)
Chamber
Senate
Sine DiePrior Session

Sponsors

Democrat: 1

Primary Sponsor

Lynwood Lewis
Lynwood Lewis
Democrat

Documents

Chaptered
Bill Text3/24/202322.3 KB
Enrolled
Bill Text3/7/202322.3 KB
Engrossed
Bill Text2/2/202322.5 KB
Introduced
Bill Text1/18/202322.8 KB
Fiscal Note/Analysis
Fiscal Note/Analysis3/20/202356.3 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/10/202355.6 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/25/202355.6 KB