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---
type: "Bill"
title: "Small agricultural generators; establishes parameters of a program."
description: "Establishes the parameters of a program under which small agricultural generators may sell the electricity generated from a small agricultural generating facility to its utility. Effective July 1, 2019, enrollment by eligible agricultural customer-generators in an existing net energy metering program conducted by an electric cooperative will cease, though a cooperative's customers who were participating as eligible agricultural customer-generators before that date are allowed to remain in the net metering program for not more than 25 years. A small agricultural generator is defined in this measure as a customer who operates an electrical generating facility as part of an agricultural business, which generating facility, among other conditions, has a capacity of not more than 1.5 megawatts, uses renewable energy as its total source of fuel, has a capacity that does not exceed 150 percent of the customer's expected annual energy consumption based on the previous 12 months of billing history, uses not more than 25 percent of contiguous land owned or controlled by the agricultural business for purposes of the renewable energy generating facility, and is a PURPA qualifying small power production facility. The program for small agricultural generators requires the generator to enter into a power purchase agreement with its supplier to sell all of the electricity generated at a rate not less than the supplier's State Corporation Commission-approved avoided cost tariff for energy and capacity. The program also provides for utilities to recover distribution service costs and costs incurred to purchase electricity, capacity, and renewable energy certificates from the small agricultural generator through its Renewable Energy Portfolio Standard (RPS) rate adjustment clause if the utility has a Commission-approved RPS plan and rate adjustment clause or, if the utility does not have a Commission-approved RPS rate adjustment clause, then the costs shall be recoverable through the supplier's fuel adjustment clause or through the utility's cost of purchased power. Finally, the measure directs the Commission to conduct a single docketed proceeding to implement the provisions of this measure. The bill incorporates"
jurisdiction: "us/states/va"
legislature: "Virginia General Assembly"
session: "2017"
identifier: "SB 1394"
citation: "Virginia SB 1394 (2017)"
classification: ["bill"]
subjects: ["Agriculture", "Animal Care and Food", "Energy Conservation and Resources", "Public Service Companies"]
status: "enacted"
primary_sponsors: ["Frank W. Wagner"]
version_count: 4
action_count: 20
vote_count: 5
first_action: "2017-01-11"
last_action: "2017-03-16"
source: "openstates"
source_identifier: "ocd-bill/7a8347e8-35c8-4b76-8c67-ccb63acbd0a5"
source_url: "http://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+SB1394"
source_hash: "a1e07e32c924889a66b7119676156da32df876ed8371dbd2700675737091bdfc"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-va"]
---
# Virginia SB 1394 (2017) — Small agricultural generators; establishes parameters of a program.
Establishes the parameters of a program under which small agricultural generators may sell the electricity generated from a small agricultural generating facility to its utility. Effective July 1, 2019, enrollment by eligible agricultural customer-generators in an existing net energy metering program conducted by an electric cooperative will cease, though a cooperative's customers who were participating as eligible agricultural customer-generators before that date are allowed to remain in the net metering program for not more than 25 years. A small agricultural generator is defined in this measure as a customer who operates an electrical generating facility as part of an agricultural business, which generating facility, among other conditions, has a capacity of not more than 1.5 megawatts, uses renewable energy as its total source of fuel, has a capacity that does not exceed 150 percent of the customer's expected annual energy consumption based on the previous 12 months of billing history, uses not more than 25 percent of contiguous land owned or controlled by the agricultural business for purposes of the renewable energy generating facility, and is a PURPA qualifying small power production facility. The program for small agricultural generators requires the generator to enter into a power purchase agreement with its supplier to sell all of the electricity generated at a rate not less than the supplier's State Corporation Commission-approved avoided cost tariff for energy and capacity. The program also provides for utilities to recover distribution service costs and costs incurred to purchase electricity, capacity, and renewable energy certificates from the small agricultural generator through its Renewable Energy Portfolio Standard (RPS) rate adjustment clause if the utility has a Commission-approved RPS plan and rate adjustment clause or, if the utility does not have a Commission-approved RPS rate adjustment clause, then the costs shall be recoverable through the supplier's fuel adjustment clause or through the utility's cost of purchased power. Finally, the measure directs the Commission to conduct a single docketed proceeding to implement the provisions of this measure. The bill incorporates
## Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
1. **Governor: Acts of Assembly Chapter text (CHAP0581)** (committee substitute) — [source](http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0581)
2. **Senate: Bill text as passed Senate and House (SB1394ER)** (committee substitute) — [source](http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+SB1394ER)
3. **Senate: Committee substitute printed 17104770D-S1** (committee substitute) — [source](http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+SB1394S1)
4. **Senate: Prefiled and ordered printed; offered 01/11/17 17102605D** (committee substitute) — [source](http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+SB1394)
## Votes
- Reported from Commerce and Labor with substitute — **131** (pass) · legislature
- Reported from Commerce and Labor — **182** (pass) · legislature
- Read third time and passed Senate — **363** (pass) · legislature
- Constitutional reading dispensed — **400** (pass) · legislature
- Passed House — **859** (pass) · legislature
## Sponsors
- Frank W. Wagner — primary (person)
- Jeremy S. McPike — cosponsor (person)
- John S. Edwards (incorporated chief co-patron) — cosponsor (person)
## Timeline
The legislative action history — every referral, reading, and vote.
- **2017-01-11** Prefiled and ordered printed; offered 01/11/17 17102605D `introduction`
- **2017-01-11** Referred to Committee on Commerce and Labor `referral-committee`
- **2017-01-18** Assigned C&L sub: Renewable Energy `referral-committee`
- **2017-01-31** Incorporates SB917 (Edwards)
- **2017-02-02** Read second time `reading-2`
- **2017-02-02** Reading of substitute waived
- **2017-02-02** Committee substitute agreed to 17104770D-S1
- **2017-02-02** Engrossed by Senate - committee substitute SB1394S1
- **2017-02-08** Placed on Calendar
- **2017-02-08** Read first time `reading-1`
- **2017-02-08** Referred to Committee on Commerce and Labor `referral-committee`
- **2017-02-20** Read second time `reading-2`
- **2017-02-21** Read third time `reading-3`
- **2017-02-21** Passed House (85-Y 9-N 2-A) `passage`
- **2017-02-24** Enrolled
- **2017-02-24** Signed by President
- **2017-02-24** Signed by Speaker
- **2017-02-28** Enrolled Bill Communicated to Governor on 2/28/17
- **2017-02-28** Governor's Action Deadline Midnight, March 27, 2017
- **2017-03-16** Approved by Governor-Chapter 581 (effective 7/1/17) `executive-signature`
## Source
OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/7a8347e8-35c8-4b76-8c67-ccb63acbd0a5`. Confidence: reported (aggregated from official Virginia legislature records).