Virginia Law

A. A subscriber organization shall not conduct any marketing activities related to participation in the shared solar program until after the subscriber organization:

1. Receives a license, exemption, or waiver from the commission; and

2. Has begun registration with the utility, as set forth in 20VAC5-340-40.

B. A subscriber organization shall not enroll subscribers until the project receives the executed Small Generator Interconnection Agreement pursuant to 20VAC5-314-40 through 20VAC5-314-70, all required permits for the shared solar facility, and:

1. For a Phase I Utility, after July 1, 2025; or

2. For a Phase II Utility, after July 1, 2023.

C. A subscriber organization shall not use credit checks as a means to establish the eligibility of a residential customer to become a subscriber.

D. A subscriber organization is prohibited from credit reporting and charging early termination fees for any low-income customer receiving service from a Phase II Utility.

E. A subscriber organization shall maintain adequate records allowing it to verify the customer's enrollment authorization. Authorization shall be in the form of a written contract with affirmed written signature, electronic signature, or recorded verbal affirmation. The subscriber organization shall maintain a copy of the contract for at least one year after the date of expiration. Such enrollment contracts shall be provided within five business days to the customer, the utility, or the commission staff upon request.

F. A subscriber organization shall provide accurate and understandable information in any advertisements, solicitations, marketing materials, or customer service contracts. All such materials shall, in a manner that is not misleading, include a statement that price for the subscription does not include charges to be billed by the utility.

G. A subscriber organization shall provide to prospective subscribers, prior to executing a written contract, consumer disclosure information and a description of how the shared solar program will function. Such description shall include explanations of the respective roles of the subscriber organization and the utility, and a detailed description of how customers will be billed, frequency of contract reviews, and methods of continued customer education and engagement.

H. Subscriber contracts shall include, at a minimum, the following information:

1. Contract price expressed in per kilowatt-hour, or if price is not easily specified, an explanation of how the subscription price will be calculated.

2. Size of the subscriber subscription. The contract must address modification of subscriptions in the event a shared solar facility underperforms during a period.

3. Length of the contract.

4. Provisions for terminating the contract, including any termination fees.

5. Location of the shared solar facility.

6. Size of the shared solar facility.

7. Description of billing terms and conditions.

8. List of applicable fees, including start up fees, cancellation fees, late payment fees, and fees for returned payments for insufficient funds.

9. Clear descriptions of the responsibilities of the subscriber organization and the utility, consistent with this chapter.

10. Toll-free number and address for complaints and inquiries.

11. A clear statement that :

a. The maximum size of the subscriber's subscription shall not exceed their estimated annual usage;

b. Each customer may own one or more subscriptions of a shared solar facility;

c. A shared solar subscriber may not also participate in a multi-family solar facility; and

d. A net metering customer may not participate in this program.

12. In a conspicuous location, confirmation of the customer's authorization for the utility and subscriber organization to exchange, at a minimum, the following billing information:

a. Customer name;

b. Billing address and premise address;

c. Utility account number; and

d. Share solar subscription information, including, at a minimum:

(1) Pricing;

(2) Subscription size;

(3) Contract start date and length; and

(4) Terms of subscription.

13. In a conspicuous location, signatures confirming the customer's request to enroll and the approximate date the enrollment will be effective.

I. Upon a subscriber's request, the subscriber organization may transfer the subscription to a new address under the existing contract without restriction provided the new address is also located in the utility's service territory. An existing subscriber may transfer the subscription to a new subscriber so long as the new subscriber meets applicable requirements established by the utility and subscriber organizations that exist at the time of transfer. The subscriber organization must provide the utility with updated billing information set forth in subdivision H 12 of this section.

J. The subscriber organization shall provide to the utility, in a format acceptable to the utility, an initial list of subscribers enrolled in the shared solar facility and their subscription information at least 60 days prior to the shared solar facility supplying service to any customer.

K. In the event multiple enrollment requests are submitted for the same customer, the utility shall process the request with the earliest dated contract and shall notify the customer within five business days of receipt of the enrollment request of such enrollment. The utility shall only terminate enrollment with sufficient proof of termination presented by either the customer or the subscriber organization.

L. At least 60 days prior to the termination or abandonment of a shared solar facility, a subscriber organization must provide advanced written notice to the customer, the utility, and the commission.

M. A subscriber organization shall adequately safeguard all customer information and shall not disclose such information unless the customer authorizes disclosure or unless the information to be disclosed is already in the public domain. This provision, however, shall not restrict the disclosure of credit and payment information as permitted currently or required by federal and state statutes.

N. Phase I Utility low-income customer net financial savings. The subscriber organization must ensure net financial savings of at least 10% relative to the subscription fee throughout the life of the subscription for a low-income customer. Any contract not meeting the 10% minimum on an annual basis must have the financial savings difference returned to the low-income customer in a lump sum payment.