GOVERNOR
EXECUTIVE ORDER NUMBER FORTY-THREE
(2019)
Expanding Access to Clean Energy and
Growing the Clean Energy Jobs of the Future
Importance of the Issue
The energy industry serves as the backbone of the
Commonwealth's economy. Individuals, communities, and businesses need energy
systems that are both reliable and affordable. At the same time, Virginia is
beginning the transition to a more modern electric grid that will incorporate
technological advances and meet the changing needs of customers.
Yet Virginia's policy structures have historically focused on
the traditional power sector model of large, centralized power stations and
conventional transmission and distribution infrastructure. In the coming years,
renewable energy technologies and distributed energy resources such as rooftop
solar, smart meters, and battery storage are likely to make up an
ever-increasing share of our energy system. Similarly, it is anticipated that
larger portions of the economy, such as transportation, building heating, and
some industrial processes will rely increasingly on electricity.
As Virginia begins to shift to a more modern electric grid that
is reliable, affordable, resilient, and environmentally responsible, the Commonwealth
must continue to prioritize the transition to cleaner sources of energy, like
wind, solar, and energy efficiency through an equitable approach to benefit all
Virginians. The policies that we implement must be both forward-looking and
adaptive to enable the energy transformations that are beginning. We must also
ensure that the modernization of our electric grid is done in a way that
prioritizes carbon free sources of electricity to reduce our environmental
impact and mitigate the impacts of climate change.
Climate change is an urgent and
pressing challenge for Virginia. As recent storms, heat waves, and flooding
events have reminded us, climate disruption poses potentially devastating risk
to Virginia. The electric power sector represents approximately 30% of the
carbon dioxide emissions in Virginia and is central to our efforts to address
the problem. The reports from the United Nations Intergovernmental Panel on
Climate Change and Fourth National Climate Assessment make clear that swift
decarbonization and a transition to clean energy is required to meet the
urgency of the challenge.1
Clean energy advancements offer
an opportunity to address and prevent energy inequities facing Virginia's most
vulnerable populations, including low-income communities and communities of
color. Low-income households pay proportionately more than the average
household for energy costs and often experience negative long-term effects on
their health and welfare.2 Research from the American Council for an
Energy-Efficient Economy states that "the overwhelming majority of single
family and multifamily low-income households (those with income at or below 80%
of area median income), minority households, low-income households residing in
multifamily buildings, and renting households experienced higher energy burdens
than the average household in the same city."3 Clean energy
innovation and energy efficiency strategies can alleviate this burden, lower
energy bills, and provide access to clean energy for all Virginians. No segment
of the population should bear disproportionately high or adverse effects from
pollution and climate disturbance, and as we increase investments in clean
energy, equity must be part of the framework. The U.S. Environmental Protection
Agency describes equitable development as "an approach for meeting the
needs of underserved communities through policies and programs that reduce
disparities while fostering places that are healthy and vibrant."4
Virginia is well positioned to be a center of economic activity
for this clean energy transition, and having this economic activity will help
us capture the economic and health benefits from the clean economy for all
Virginians. The clean energy sector has the power to create new business
opportunities, expand customer access to renewable energy, and spark the
high-demand jobs of the 21st century. Today, Virginia has more than 3,000
megawatts (MW) of solar currently in service or under development.5
In the last year, the number of solar jobs in Virginia has increased by nearly
ten percent to 3,890 jobs.6 Additionally, the Commonwealth is home
to 78,670 individuals who work in the energy efficiency sector, with 2,049 jobs
added in the last year.7 The continued growth of clean energy
investment in the Commonwealth has the potential to bring about long-term
sustainable economic development while also mitigating the impacts of climate
change through reduced carbon dioxide emissions.
With these two principles in mind – the need to support
policies that enable the modernization of our electric grid and the potential
for significant new job growth in the clean energy sector – the Commonwealth
must establish ambitious goals and work with stakeholders across the industry
to identify areas of growth.
Executive Action
Accordingly, by virtue of the
authority vested in me as Chief Executive by Article V of the Constitution of
Virginia and under the laws of the Commonwealth, I hereby direct all executive
branch agencies, authorities, departments, and all institutions of higher
education, to every extent practicable, to operate in accordance with the
following guidelines:
A. The Director of Department of
Mines, Minerals and Energy (DMME), in consultation with the Secretary of
Commerce and Trade, the Secretary of Natural Resources, and the Director of the
Department of Environmental Quality (DEQ), shall develop a plan of action to
produce thirty percent of Virginia's electricity from renewable energy sources
by 2030 and one hundred percent of Virginia's electricity from carbon-free
sources by 2050. The plan shall include the following resource considerations:
1. Solar
and Onshore Wind Energy: Solar and onshore wind energy are competitively
priced energy resources that have the potential to provide significant economic
development and job creation opportunities across the Commonwealth. Pursuant to
energy legislation I signed last year (Senate Bill 966), Virginia has a
statewide goal of achieving 5,500 MW of wind and solar energy by 2028. At least
3,000 MW of this target should be under development by 2022. In furtherance of
this goal, Dominion Energy has committed to annually procure up to 500 MW of
utility-scale solar and onshore wind projects through a competitive procurement
process. Dominion has also committed to annual procurements of smaller-scale
solar energy, including rooftop solar, through a competitive procurement
process that will be issued annually beginning in 2019. These procurements will
start at 50 MW and will scale up to 150 MW by January of 2022. Appalachian
Power also initiated a competitive procurement process for 200 MW of
utility-scale solar projects in Virginia, with projects to be operational by
the end of 2021. In order to make certain these utility-scale and smaller-scale
projects move forward, DMME's plan must provide recommendations on actions to
ensure the utilities meet these procurement targets and meet the requirement
that all such projects are procured competitively, with at least twenty-five
percent of such projects procured through power-purchase agreement (PPA). Furthermore,
the plan shall include any legislative or executive recommendations to reduce
barriers to achieving these solar and onshore wind goals.
2. Energy Efficiency: Energy efficiency programs are the lowest
cost energy option, producing electricity cost savings, creating jobs and
revenue from the energy efficiency service sector, and helping to reduce
greenhouse gases and other air pollutants. Virginia has a statewide goal of
reducing retail electricity consumption by ten percent by 2022 using 2006 as a
baseline. These reductions will come from a combination of sources, including
building codes, energy performance contracting, private
financing programs, and investments from the Commonwealth's utilities. As part
of Senate Bill 966, Dominion Energy will invest $870 million and Appalachian
Power will invest $140 million in energy efficiency programs over the next
decade. The legislation further states that at least 5 percent of these
ratepayer-funded programs should be directed toward low-income, elderly, and
disabled persons. To meet these spending goals, Dominion Energy should increase
spending to $100 million per year by 2019 and Appalachian Power should increase
spending to $15 million per year by 2019, excluding lost revenue recovery.
DMME's plan shall provide recommendations to support implementation of this
increased utility investment in energy efficiency programs. DMME shall work
with the Virginia Resources Authority, Virginia Small Business Financing
Authority, Virginia Housing Development Authority, and the Virginia Department
of Housing and Community Development to include complementary policy options in
the plan, such as developing and administering energy financing programs and
enhancing building codes.
3. Offshore
Wind: The offshore wind industry in the United States is on the cusp of a major
boom that could see America become one of the largest offshore wind markets in
the world. Virginia currently has a 12 MW demonstration project under
construction, which will serve as a research and development project as
Virginia moves forward with the development of our larger offshore wind energy
area. The larger offshore wind energy area could supply as much as 2,500 MW of
offshore wind, and it should be fully developed by 2026. The plan shall include
recommendations on the timeline and steps needed to achieve this offshore wind
target, including working with Dominion Energy and the U.S. Bureau of Ocean
Energy Management to submit the Construction and Operation Plan (COP) by 2021
with construction beginning by 2024.
4. Energy
Storage: As the Commonwealth integrates more renewable energy resources,
balancing the intermittency of the grid through energy storage will become
increasingly important. Senate Bill 966 requires Dominion Energy to develop a
30 MW battery storage pilot program and Appalachian Power to develop a 10 MW
battery storage pilot program. Further, pumped hydroelectric storage facilities
are now deemed in the public interest, and other sources of utility-scale
storage are starting to become commercialized. The Plan shall include
integration of storage technologies into the grid and pairing of such storage
technologies with renewable generation, including distributed energy resources
like rooftop solar.
5.
Energy Equity: The plan shall also address issues related to equity and
environmental justice so that the clean energy and climate goals outlined in
this Order are achieved in a just manner that advances social, energy, and
environmental equity. These clean energy resources shall be deployed to maximize
the economic and environmental benefit to underserved communities while
mitigating any impacts to those communities. The Plan shall include measures
that provide communities of color and low- and moderate-income communities
access to clean energy and a reduction in their energy burdens.
The
Director of DMME shall report monthly to the Secretary of Commerce and Trade on
the progress of these efforts, and shall submit the final plan to the Governor
by July 1, 2020.
B.
The Commonwealth shall procure at least 30 percent of the electricity under the
statewide electric contract with Dominion Energy from renewable energy
resources by 2022. The Commonwealth has the potential to add significant
low-cost solar and wind energy projects that will serve as a hedge against
uncertain energy prices while helping to spur job creation opportunities in
both the solar and onshore wind market. Virginia currently has an eight percent
renewable energy procurement target that equates to approximately 110 MW of
renewable generation. This target is currently accomplished through investment
in both utility-scale solar energy facilities and smaller solar energy
facilities contracted with third-party renewable energy developers. Since the
original eight percent target was established, the price of solar and wind
resources in Virginia continues to drop and serves as an important hedge
against fluctuating energy and fuel costs. Virginia now has the potential to
achieve at least 30 percent of generation from renewable resources through both
utility-scale onshore wind and solar investments as well as smaller solar
installations accomplished through PPA. To achieve this 30 percent target, the
Secretary of Commerce and Trade, DMME, and the Department of General Services
(DGS) shall negotiate amendments to the statewide Dominion energy contract to
include the additional purchase of energy from utility-scale onshore wind and
solar facilities. Additionally, to accommodate the procurement of smaller-scale
PPAs, DMME shall annually initiate a competitive procurement process for
smaller-scale PPAs at the Commonwealth's existing facilities, with the first
competitive procurement issued in the fall of 2019 for at least 10 MW of
cumulative distributed solar at state facilities annually. DMME shall work with
DGS and all interested facilities in the development of the competitive
process. Additionally, for newly-constructed buildings, all executive branch
agencies and institutions shall evaluate the use of distributed solar resources
during the design and engineering process.
C.
The Commonwealth shall reduce electricity consumption across all of the
Commonwealth's agencies and institutions through development and execution of a
comprehensive Resource Conservation Management Plan (RCMP). DMME shall, in coordination
with DGS and DEQ, develop a RCMP as the framework to achieve the state's
portion of the goal of reducing retail electricity consumption by ten percent
by 2022 using 2006 as a baseline. The RCMP should include recommendations on
reducing energy usage through measurement and tracking, operations and
maintenance, and capital investment. It should cover both the existing building
stock as well as new construction. As part of the RCMP framework, all state
agencies and institutions should utilize energy performance contracting (EPC)
to reduce energy consumption. EPC is a budget neutral, cost-effective tool that
allows state agencies and publicly-owned facilities to reduce their deferred
maintenance backlogs without adding any financial burden to the taxpayer. To
date, more than 240 EPC projects have been completed by state and local
agencies in Virginia, valuing nearly $900 million in savings for the
Commonwealth. DMME has managed the program since 2002, providing robust
technical assistance to localities and state agencies considering EPCs. To
facilitate additional deployment of EPC, DMME shall produce a ranking of the
top facilities that have achieved energy reductions and a list of facilities
that most need improvement. DMME shall work with DGS and other agencies and
executive branch institutions to double the 2018 total annual level of EPC
contracting investment. All executive branch agencies and institutions shall
work with DMME to conduct a general energy audit with the goal of implementing
an EPC by 2022. For executive branch agencies that have already employed EPC,
overall energy consumption should be re-evaluated to identify areas for further
energy efficiency improvements.
D.
To ensure that the Commonwealth has the workforce in place to meet the growing
needs and technological advancements of the clean energy sector, the Chief
Workforce Advisor and the Secretary of Commerce and Trade shall work with
stakeholders to develop an energy workforce plan. Such plan shall include an
evaluation of current curriculum and training programs, including K-12
curriculum and the potential for pre-employment programs. The plan shall
address both awareness of energy sector career opportunities and access to
career pathways and programs. The plan shall include specific recommendations
for creating pathways out of poverty through careers in renewable energy and
energy efficiency. The plan should also leverage existing efforts, including
the Virginia Energy Workforce Consortium and Build Virginia.
Effective
Date of the Executive Order
This
Executive Order shall be effective upon its signing and shall remain in full
force and effect unless amended or rescinded by further executive order.
Given under
my hand and under the Seal of the Commonwealth of Virginia this 16th day of
September, 2019.
/s/ Ralph S. Northam
Governor
_______________________________________
1See Report of the
United Nations Intergovernmental Panel on Climate Change, October 2018,
available at https://www.ipcc.ch/sr15/; Fourth National
Climate Assessment, November 2018, available at https://nca2018.globalchange.gov/downloads/.
2Lifting the High
Energy Burden in America's Largest Cities: How Energy Efficiency Can Improve
Low Income and Underserved Communities, April 2016, American Council for an
Energy-Efficient Economy, available at: https://assets.ctfassets.net/ntcn17ss1ow9/1UEmqh5l59cFaHMqVwHqMy/1ee1833cbf370839dbbdf6989ef8b8b4/Lifting_the_High_Energy_Burden_0.pdf.
3See id.
4U.S.
Environmental Protection Agency, Equitable Development and Environmental
Justice, available at: https://www.epa.gov/environmentaljustice/equitable-development-and-environmental-justice.
5Solar Tracking
Data, Department of Mines Minerals and Energy.
6National Solar
Jobs Census 2018, The Solar Foundation, available at http://www.thesolarfoundation.org/national/.
7U.S. Energy and
Employment Report 2019 - Virginia, National Association of State Energy
Officials and Energy Futures Initiative, available at https://static1.squarespace.com/static/5a98cf80ec4eb7c5cd928c61/t/5c7f425b4785d349f2f021b7/1551843931999/Virginia.pdf.
EXECUTIVE
ORDER NUMBER FORTY-FOUR (2019)
Continuation of the Governor's
Advisory Commission on Opioids and Addiction
Importance of the Initiative
The disease
of addiction is devastating our communities and taking the lives of too many
Virginians. Since 2013, drug overdoses have been the leading cause of unnatural
death in the Commonwealth. Nearly 1,500 individuals in Virginia died as a
result of drug overdoses just last year. Of those nearly 1,500 fatalities, over
80 percent involved prescription opioid painkillers, heroin, or synthetic
opioids like fentanyl. Opioid and heroin abuse continues to pose an immense
public health and safety threat to Virginians and remains a public health
emergency for the Commonwealth.
In addition
to opioids and heroin, data shows that abuse of other potentially deadly drugs,
particularly stimulants, is on the rise. In addition to maintaining a focus on
opioids, Virginia's leaders must also focus on the biological, psychological,
and social factors that foster addiction in an individual so that those factors
can be addressed and mitigated. The disease of addiction is not exclusive to
any substance and addiction will always find another drug.
Virginia
cannot solve these problems through state intervention alone. The knowledge and
experiences of providers, peers, local leadership, and other community partners
is imperative as we work to reduce the impact of addiction and reduce the number
of those who die from it. Under the authority established by Executive
Directive Nine (2016), the Governor's Executive Leadership Team on Opioids and
Addiction implements strategies, programs, and policies aimed at reducing
overdose deaths. It is necessary to look to our partners to strengthen our
understanding of the issue and share learned successes. Therefore, I direct
relevant secretariats, agencies, health and behavioral health providers and
organizations, education professionals, law enforcement, and other stakeholders
to continue working together to identify and execute strategies to increase
harm reduction opportunities, intensify prevention activities, enhance access
to evidence-based treatment, and support individuals in recovery in Virginia.
Key
Objectives
This
advisory commission shall provide comments to the co-chairs of the Governor's
Executive Leadership Team on Opioids and Addiction regarding the development of
policies, programs, and other initiatives designed to impact the ongoing drug
overdose epidemic in Virginia.
The
advisory commission shall meet upon the call of the co-chairs. The co-chairs
shall call the advisory commission to meet no less than twice per year. At such
meeting, the Executive Leadership Team on Opioids and Addiction shall provide
updates and metrics regarding opioid and addiction initiatives. Therefore,
supplemental meetings may be held to review specific topics, initiatives, and
programs.
The
advisory commission shall provide a final report to the Governor including recommendations
to address the opioid and addiction crisis in the Commonwealth.
Continuation
of the Opioid and Addiction Commission
Accordingly,
by virtue of the authority vested in me as Governor under Article V of the
Constitution of Virginia under the laws of the Commonwealth, including, but not
limited to §§ 2.2-134 and 2.2-135 of the Code of Virginia, and subject to my
continuing and ultimate authority and responsibility to act in such matters, I
hereby extend the Governor's Advisory Commission on Opioids and Addiction
(Opioid and Addiction Commission).
The Opioid
and Addiction Commission will serve in a consultative role, in accordance with
§ 2.2-2100 of the Code of Virginia, and will be responsible for advising the
Governor's Executive Leadership Team on Opioids and Addiction and providing
guidance on the following initiatives related to addressing the opioid and
addiction public health emergency in the Commonwealth:
a. Building the capacity of Virginia's communities to address
the addiction epidemic through community mobilization and coalition
development;
b. Limiting availability of prescription opioids for misuse;
c. Establishing pathways to treatment and recovery supports in
Virginia;
d. Establishing operational comprehensive harm reduction
programs in Virginia; and
e. Developing model protocols for Medication Assisted Treatment
(MAT) for individuals being released from correctional settings that
local/regional jails and community services boards can use.
Composition
of the Opioid and Addiction Commission
The Opioid
and Addiction Commission's membership shall be appointed by the Governor. The
Secretaries of Health and Human Resources and Public Safety and Homeland
Security will co-chair the Opioid and Addiction Commission. Membership for the
Opioid and Addiction Commission will be composed of representatives from the
Office of the Attorney General, the General Assembly, and the judiciary, as
well as community leaders in prevention, harm reduction, treatment, and
recovery, including individuals with lived experiences. The Governor may
appoint any other person(s) deemed necessary and proper to carry out the
assigned functions.
The
Secretariat of Health and Human Resources shall provide a Staff Director to
support the Opioid and Addiction Commission. The Secretariats of Public Safety
and Homeland Security and Health and Human Resources shall provide other staff
support as necessary. An estimated 100 hours of staff time will be required to
support the work of the Opioid and Addiction Commission.
Effective
Date
This
Executive Order shall be effective upon its signing and, pursuant to
§§ 2.2-134 and 2.2-135 of the Code of Virginia, shall remain in full force
and effect for a year from its signing, unless amended or rescinded by further
executive order.
Given under
my hand and under the Seal of the Commonwealth of Virginia this 25th day of
September, 2019.
/s/ Ralph S. Northam
Governor