Vermont 2025-2026 Regular Session

Vermont House Bill H0394 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.394
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6	6	H.394 1
7	7	Introduced by Representative Sheldon of Middlebury 2
8	8	Referred to Committee on 3
9	9	Date: 4
10	10	Subject: Public service; energy; renewable energy; solar energy 5
11	11	Statement of purpose of bill as introduced: This bill proposes to require 6
12	12	compliance with Vermont Conservation Design as part of enhanced energy 7
13	13	planning; it would limit the scope of the Public Utility Commission’s review of 8
14	14	electric distribution upgrades to stability, reliability, and public health and 9
15	15	safety; and it would create a Public Energy Advocate to assist applicants for 10
16	16	energy generation facilities. 11
17	17	An act relating to renewable energy generation 12
18	18	It is hereby enacted by the General Assembly of the State of Vermont: 13
19	19	Sec. 1. 24 V.S.A. § 4352 is amended to read: 14
20	20	§ 4352. OPTIONAL DETERMINATION OF ENERGY COMPLIANCE; 15
21	21	ENHANCED ENERGY PLANNING 16
22	22	* * * 17
23	23	(c) Enhanced energy planning; requirements. To obtain an affirmative 18
24	24	determination of energy compliance under this section, a plan must: 19 BILL AS INTRODUCED H.394
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29	29	(1) in the case of a regional plan, include the energy element as 1
30	30	described in subdivision 4348a(a)(3) of this title; 2
31	31	(2) in the case of a municipal plan, include an energy element that has 3
32	32	the same components as described in subdivision 4348a(a)(3) of this title for a 4
33	33	regional plan and be confirmed under section 4350 of this title; 5
34	34	(3) be consistent with the following, with consistency determined in the 6
35	35	manner described under subdivision 4302(f)(1) of this title: 7
36	36	(A) Vermont’s greenhouse gas reduction goals requirements under 10 8
37	37	V.S.A. § 578(a); 9
38	38	(B) Vermont’s 25 by 25 goal for renewable energy under 10 V.S.A. 10
39	39	§ 580; 11
40	40	(C) Vermont’s building efficiency goals under 10 V.S.A. § 581; 12
41	41	(D) State energy policy under 30 V.S.A. § 202a and the 13
42	42	recommendations for regional and municipal energy planning pertaining to the 14
43	43	efficient use of energy and the siting and development of renewable energy 15
44	44	resources contained in the State energy plans adopted pursuant to 30 V.S.A. 16
45	45	§§ 202 and 202b; and 17
46	46	(E) the distributed renewable generation and energy transformation 18
47	47	categories of resources to meet the requirements of the Renewable Energy 19
48	48	Standard under 30 V.S.A. §§ 8004 and 8005; and 20
49	49	(F) Vermont Conservation Design; and 21 BILL AS INTRODUCED H.394
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54	54	(4) meet the standards for issuing a determination of energy compliance 1
55	55	included in the State energy plans. 2
56	56	* * * 3
57	57	Sec. 2. 30 V.S.A. § 8010 is amended to read: 4
58	58	§ 8010. SELF-GENERATION AND NET METERING 5
59	59	* * * 6
60	60	(c) In accordance with this section, the Commission shall adopt and 7
61	61	implement rules that govern the installation and operation of net metering 8
62	62	systems. 9
63	63	(1) The rules shall establish and maintain a net metering program that: 10
64	64	(A) advances the goals and total renewables targets of this chapter 11
65	65	and the goals of 10 V.S.A. § 578 (greenhouse gas reduction) and is consistent 12
66	66	with the criteria of subsection 248(b) of this title; 13
67	67	(B) achieves a level of deployment of no less than 20 MW per year 14
68	68	and that is consistent with the recommendations of the Electrical Energy and 15
69	69	Comprehensive Energy Plans under sections 202 and 202b of this title, unless 16
70	70	the Commission determines that this level is inconsistent with the goals and 17
71	71	targets identified in subdivision (1)(A) of this subsection (c). Under this 18
72	72	subdivision (B), the Commission shall consider the Plans most recently issued 19
73	73	at the time the Commission adopts or amends the rules; 20
74	74	* * * 21 BILL AS INTRODUCED H.394
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79	79	(3) The rules shall establish standards and procedures governing 1
80	80	application for and issuance or revocation of a certificate of public good for net 2
81	81	metering systems under the provisions of section 248 of this title. In 3
82	82	establishing these standards and procedures: 4
83	83	* * * 5
84	84	(F) This subdivision (F) applies to an application for a net metering 6
85	85	system with a capacity that is greater than 15 25 kilowatts, unless the system is 7
86	86	located on a new or existing structure the primary purpose of which is not the 8
87	87	generation of electricity. With respect to such a system, the rules shall not 9
88	88	waive or include provisions that are less stringent than each of the following: 10
89	89	(i) the requirement of subdivision 248(a)(4)(C) of this title to 11
90	90	provide a copy of the application to the Agencies of Agriculture, Food and 12
91	91	Markets and of Natural Resources; the Department of Public Service; the 13
92	92	Division for Historic Preservation; the municipal legislative body; and the 14
93	93	municipal and regional planning commissions; and 15
94	94	(ii) the requirements of subsection 248(f) (preapplication 16
95	95	submittal) of this title. 17
96	96	* * * 18
97	97	Sec. 3. 30 V.S.A. § 8002 (18) is amended to read: 19
98	98	(18) “Plant” means an independent technical facility that generates 20
99	99	electricity from renewable energy. A group of facilities, such as wind turbines, 21 BILL AS INTRODUCED H.394
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104	104	shall be considered one plant if the group is part of the same project and uses 1
105	105	common equipment and infrastructure such as roads, control facilities, and 2
106	106	connections to the electric grid. Common ownership, contiguity in time of 3
107	107	construction, and proximity of facilities to each other shall be relevant to 4
108	108	determining whether a group of facilities is part of the same project. 5
109	109	Independent technical facilities that are collocated on the same parcel shall not 6
110	110	be considered a single plant if each facility uses separate generators, inverters, 7
111	111	and production meters, as applicable, and each facility has a separate 8
112	112	interconnection point to the electric grid. An interconnection point is the point 9
113	113	at which the interconnection between the interconnecting utility’s electric 10
114	114	system and the renewable energy plant’s equipment interface occurs. Utility-11
115	115	owned electric distribution and transmission lines shall not be considered part 12
116	116	of a plant or interconnection point. For purposes of eligibility in the net-13
117	117	metering program under section 8010 of this chapter, collocated independent 14
118	118	technical facilities may not exceed a cumulative total of 500 kW in nameplate 15
119	119	capacity. 16
120	120	Sec. 4. 30 V.S.A. § 248 is amended to read: 17
121	121	§ 248. NEW GAS AND ELECTRIC PURCHASES, INVESTMENTS, AND 18
122	122	FACILITIES; CERTIFICATE OF PUBLIC GOOD 19
123	123	(a)(1) No company, as defined in section 201 of this subchapter, may: 20
124	124	* * * 21 BILL AS INTRODUCED H.394
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129	129	(4)(A) With respect to a facility located in the State, in response to a 1
130	130	request from one or more members of the public or a party, the Public Utility 2
131	131	Commission shall hold a nonevidentiary public hearing on a petition for such 3
132	132	finding and certificate. The public hearing shall either be remotely accessible 4
133	133	or held in at least one county in which any portion of the construction of the 5
134	134	facility is proposed to be located, or both. The Commission in its discretion 6
135	135	may hold a nonevidentiary public hearing in the absence of any request from a 7
136	136	member of the public or a party. From the comments made at a public hearing, 8
137	137	the Commission shall derive areas of inquiry that are relevant to the findings to 9
138	138	be made under this section and shall address each such area in its decision. 10
139	139	Prior to making findings, if the record does not contain evidence on such an 11
140	140	area, the Commission shall direct the parties to provide evidence on the area. 12
141	141	This subdivision (4) does not require the Commission to respond to each 13
142	142	individual comment. 14
143	143	* * * 15
144	144	(K) With respect to a facility located in the State that is five MW or 16
145	145	less, the Commission shall issue a decision on the certificate of public good 17
146	146	application within 12 months following the application being deemed 18
147	147	complete. With respect to a facility located in the State that is greater than five 19
148	148	MW, the Commission shall issue a decision on the certificate of public good 20 BILL AS INTRODUCED H.394
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153	153	application within 15 months following the application being deemed 1
154	154	complete. 2
155	155	* * * 3
156	156	(v) The Commission shall have no jurisdiction under this section to 4
157	157	consider the actual or potential impacts caused by any electric distribution 5
158	158	upgrades except to assess impacts under subdivision (b)(3) of this section and 6
159	159	the public health and safety impacts under subdivision (b)(5) of this section. 7
160	160	Party status and notice requirements related to distribution upgrades shall be 8
161	161	consistent with the scope of the Commission’s jurisdiction described in this 9
162	162	subsection, with the exception of affected electric utilities and the Department 10
163	163	of Public Service. 11
164	164	Sec. 5. 3 V.S.A. § 153 is amended to read: 12
165	165	§ 153. GENERAL POWERS; DEPUTY, ASSISTANTS 13
166	166	(a) The Attorney General shall have the general supervision of criminal 14
167	167	prosecutions, shall consult with and advise the State’s Attorneys in matters 15
168	168	relating to the duties of their office, and shall assist them by attending the 16
169	169	grand jury in the examination of any cause or in the preparation of indictments 17
170	170	and informations when, in his or her the Attorney General’s judgment, the 18
171	171	interests of the State require it. 19
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177	177	(d) The Attorney General shall appoint a Public Energy Advocate who 1
178	178	shall assist applicants with the process for receiving a certificate of public good 2
179	179	under 30 V.S.A. § 248. The Public Energy Advocate shall advocate for the 3
180	180	applicant and the public before the Public Utility Commission for the 4
181	181	development of new energy storage and generation projects. 5
182	182	Sec. 6. POSITION; APPROPRIATION 6
183	183	(a) There is created one full-time permanent exempt Public Energy 7
184	184	Advocate position in the Office of the Attorney General. 8
185	185	(b) In fiscal year 2026, the sum of $120,000.00 is appropriated from the 9
186	186	General Fund to the Office of the Attorney General for the position created in 10
187	187	subdivision (a) of this section. 11
188	188	Sec. 7. ENERGY PROJECTS AND FOREST BLOCKS; REPORT 12
189	189	On or before December 15, 2025, the Public Utility Commission shall 13
190	190	report to the House Committees on Energy and Digital Infrastructure and on 14
191	191	Environment and the Senate Committee on Natural Resources and Energy on 15
192	192	how much forest land has been converted for renewable energy generation 16
193	193	facilities and what types of mitigation, if any, were implemented for those 17
194	194	projects. 18
195	195	Sec. 8. EFFECTIVE DATE 19
196	196	This act shall take effect on July 1, 2025. 20