{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1186.2_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1186.2_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1186.2_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1186.2_1.html"}],"law_id":70152,"edition_id":1,"section_id":70152,"structure_id":14493,"section_number":"10.1-1186.2:1","catch_line":"Impact of electric generating facilities","history":"2002, c. 483; 2008, c. 528.","full_text":"A\n\nThe Department and the State Air Pollution Control Board have the authority to consider the cumulative impact of new and proposed electric generating facilities within the Commonwealth on attainment of the national ambient air quality standards.B\n\nThe Department shall enter into a memorandum of agreement with the State Corporation Commission regarding the coordination of reviews of the environmental impacts of proposed electric generating facilities that must obtain certificates from the State Corporation Commission. When considering the environmental impact of any renewable energy (defined in § 56-576) electrical utility facility, the Department shall consult with interested agencies of the Commonwealth that have expertise in natural resource management. The Department shall submit recommendations to the State Corporation Commission that take into account the information and comments submitted by such natural resource agencies concerning the potential environmental impacts of the proposed electric generating facility. The Department’s recommendations shall include: (i) specific mitigation measures considered necessary to minimize adverse environmental impacts; (ii) any additional site-specific studies considered to be necessary; and (iii) the scope and duration of any such studies. Nothing in this subsection shall alter or affect the Rules of Practice and Procedure of the State Corporation Commission.C\n\nPrior to the close of the Commission’s record on an application for certification of an electric generating facility pursuant to § 56-580, the Department shall provide to the State Corporation Commission a list of all environmental permits and approvals that are required for the proposed electric generating facility and shall specify any environmental issues, identified during the review process, that are not governed by those permits or approvals or are not within the authority of, and not considered by, the Department or other participating governmental entity in issuing such permits or approvals. The Department may recommend to the Commission that the Commission’s record remain open pending completion of any required environmental review, approval or permit proceeding. All agencies of the Commonwealth shall provide assistance to the Department, as requested by the Director, in preparing the information required by this subsection.","order_by":null,"text":{"0":{"id":253296,"text":"The Department and the State Air Pollution Control Board have the authority to consider the cumulative impact of new and proposed electric generating facilities within the Commonwealth on attainment of the national ambient air quality standards.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":253297,"text":"The Department shall enter into a memorandum of agreement with the State Corporation Commission regarding the coordination of reviews of the environmental impacts of proposed electric generating facilities that must obtain certificates from the State Corporation Commission. When considering the environmental impact of any renewable energy (defined in § 56-576) electrical utility facility, the Department shall consult with interested agencies of the Commonwealth that have expertise in natural resource management. The Department shall submit recommendations to the State Corporation Commission that take into account the information and comments submitted by such natural resource agencies concerning the potential environmental impacts of the proposed electric generating facility. The Department’s recommendations shall include: (i) specific mitigation measures considered necessary to minimize adverse environmental impacts; (ii) any additional site-specific studies considered to be necessary; and (iii) the scope and duration of any such studies. Nothing in this subsection shall alter or affect the Rules of Practice and Procedure of the State Corporation Commission.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":253298,"text":"Prior to the close of the Commission’s record on an application for certification of an electric generating facility pursuant to § 56-580, the Department shall provide to the State Corporation Commission a list of all environmental permits and approvals that are required for the proposed electric generating facility and shall specify any environmental issues, identified during the review process, that are not governed by those permits or approvals or are not within the authority of, and not considered by, the Department or other participating governmental entity in issuing such permits or approvals. The Department may recommend to the Commission that the Commission’s record remain open pending completion of any required environmental review, approval or permit proceeding. All agencies of the Commonwealth shall provide assistance to the Department, as requested by the Director, in preparing the information required by this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14493,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12742,"metadata":{},"date_created":"2026-06-26 03:48:20","date_modified":"2026-06-26 03:48:20","permalink":{"id":145335,"object_type":"structure","relational_id":14493,"identifier":"1","token":"10.1\/II\/11.1\/1","url":"\/10.1\/II\/11.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12742,"edition_id":1,"name":"Department of Environmental Quality","identifier":"11.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":145333,"object_type":"structure","relational_id":12742,"identifier":"11.1","token":"10.1\/II\/11.1","url":"\/10.1\/II\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56886,"structure_id":14493,"section_number":"10.1-1182","catch_line":"Definitions","url":"\/10.1-1182\/","token":"10.1\/II\/11.1\/1\/10.1-1182","metadata":false},{"id":87314,"structure_id":14493,"section_number":"10.1-1182.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1182.1\/","token":"10.1\/II\/11.1\/1\/10.1-1182.1","metadata":false},{"id":73247,"structure_id":14493,"section_number":"10.1-1183","catch_line":"Creation of Department of Environmental Quality; statement of policy","url":"\/10.1-1183\/","token":"10.1\/II\/11.1\/1\/10.1-1183","metadata":false},{"id":83890,"structure_id":14493,"section_number":"10.1-1183.1","catch_line":"Department of Environmental Quality consolidated annual report","url":"\/10.1-1183.1\/","token":"10.1\/II\/11.1\/1\/10.1-1183.1","metadata":false},{"id":55967,"structure_id":14493,"section_number":"10.1-1184","catch_line":"State Air Pollution Control Board, State Water Control Board, and Virginia Waste Management Board continued","url":"\/10.1-1184\/","token":"10.1\/II\/11.1\/1\/10.1-1184","metadata":false},{"id":76875,"structure_id":14493,"section_number":"10.1-1184.1","catch_line":"Additional duties of Department; controversial permits","url":"\/10.1-1184.1\/","token":"10.1\/II\/11.1\/1\/10.1-1184.1","metadata":false},{"id":62821,"structure_id":14493,"section_number":"10.1-1184.2","catch_line":"Regulations; civil penalties; written notice of violation","url":"\/10.1-1184.2\/","token":"10.1\/II\/11.1\/1\/10.1-1184.2","metadata":false},{"id":85400,"structure_id":14493,"section_number":"10.1-1185","catch_line":"Appointment of Director; powers and duties of Director","url":"\/10.1-1185\/","token":"10.1\/II\/11.1\/1\/10.1-1185","metadata":false},{"id":55896,"structure_id":14493,"section_number":"10.1-1186","catch_line":"General powers of the Department","url":"\/10.1-1186\/","token":"10.1\/II\/11.1\/1\/10.1-1186","metadata":false},{"id":82526,"structure_id":14493,"section_number":"10.1-1186.01","catch_line":"Reimbursements to localities for upgrades to treatment works","url":"\/10.1-1186.01\/","token":"10.1\/II\/11.1\/1\/10.1-1186.01","metadata":false},{"id":83468,"structure_id":14493,"section_number":"10.1-1186.1","catch_line":"Department to publish toxics inventory","url":"\/10.1-1186.1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.1","metadata":false},{"id":79857,"structure_id":14493,"section_number":"10.1-1186.1:1","catch_line":"Hazardous Waste Site Inventory","url":"\/10.1-1186.1_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.1_1","metadata":false},{"id":57333,"structure_id":14493,"section_number":"10.1-1186.2","catch_line":"Supplemental environmental projects","url":"\/10.1-1186.2\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2","metadata":false},{"id":70152,"structure_id":14493,"section_number":"10.1-1186.2:1","catch_line":"Impact of electric generating facilities","url":"\/10.1-1186.2_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2_1","metadata":false},{"id":86115,"structure_id":14493,"section_number":"10.1-1186.3","catch_line":"Additional powers of Boards and the Department; mediation; alternative dispute resolution","url":"\/10.1-1186.3\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3","metadata":false},{"id":57009,"structure_id":14493,"section_number":"10.1-1186.3:1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/10.1-1186.3_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3_1","metadata":false},{"id":56492,"structure_id":14493,"section_number":"10.1-1186.4","catch_line":"Enforcement powers; federal court","url":"\/10.1-1186.4\/","token":"10.1\/II\/11.1\/1\/10.1-1186.4","metadata":false},{"id":65720,"structure_id":14493,"section_number":"10.1-1186.5","catch_line":"Expired","url":"\/10.1-1186.5\/","token":"10.1\/II\/11.1\/1\/10.1-1186.5","metadata":false},{"id":64303,"structure_id":14493,"section_number":"10.1-1186.6","catch_line":"Carbon market participation; submerged aquatic vegetation","url":"\/10.1-1186.6\/","token":"10.1\/II\/11.1\/1\/10.1-1186.6","metadata":false},{"id":59129,"structure_id":14493,"section_number":"10.1-1187","catch_line":"Provision of the Code continued","url":"\/10.1-1187\/","token":"10.1\/II\/11.1\/1\/10.1-1187","metadata":false}],"previous_section":{"id":57333,"structure_id":14493,"section_number":"10.1-1186.2","catch_line":"Supplemental environmental projects","url":"\/10.1-1186.2\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2","metadata":false},"next_section":{"id":86115,"structure_id":14493,"section_number":"10.1-1186.3","catch_line":"Additional powers of Boards and the Department; mediation; alternative dispute resolution","url":"\/10.1-1186.3\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1186.2:1\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 483<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2008, chapter 528<\/a>.<\/p>","references":[{"id":59376,"section_number":"10.1-1197.6","catch_line":"Permit by rule for small renewable energy projects","order_by":null,"url":"\/10.1-1197.6\/"}],"refers_to":[{"id":62210,"section_number":"56-576","catch_line":"Definitions","order_by":null,"url":"\/56-576\/"},{"id":77551,"section_number":"56-580","catch_line":"Transmission and distribution of electric energy","order_by":null,"url":"\/56-580\/"}],"permalink":{"id":145389,"object_type":"law","relational_id":70152,"identifier":"10.1-1186.2:1","token":"10.1\/II\/11.1\/1\/10.1-1186.2_1","url":"\/10.1-1186.2_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1186.2_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2_1","dublin_core":{"Title":"Impact of electric generating facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1186.2:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department<\/span> and the State Air Pollution Control Board have the authority to consider the cumulative impact of new and proposed electric generating facilities within the Commonwealth on attainment of the national ambient air quality standards. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> shall enter into a memorandum<\/span> of agreement with the State Corporation Commission regarding the coordination of reviews of the environmental impacts of proposed electric generating facilities that must obtain certificates from the State Corporation Commission. When considering the environmental impact of any renewable energy (defined in § 56-576<\/a>) electrical utility facility, the Department<\/span> shall consult with interested agencies of the Commonwealth that have expertise in natural resource management. The Department<\/span> shall submit recommendations to the State Corporation Commission that take into account the information and comments submitted by such natural resource agencies concerning the potential environmental impacts of the proposed electric generating facility. The Department<\/span>’s recommendations shall include: (i) specific mitigation measures considered necessary to minimize adverse environmental impacts; (ii) any additional site-specific studies considered to be necessary; and (iii) the scope and duration of any such studies. Nothing in this subsection shall alter or affect the Rules of Practice and Procedure of the State Corporation Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Prior to the close of the Commission’s record on an application for certification of an electric generating facility pursuant to § 56-580<\/a>, the Department<\/span> shall provide to the State Corporation Commission a list of all environmental permits and approvals that are required for the proposed electric generating facility and shall specify any environmental issues<\/span>, identified during the review process, that are not governed by those permits or approvals or are not within the authority of, and not considered by, the Department<\/span> or other participating governmental entity in issuing such permits or approvals. The Department<\/span> may recommend to the Commission that the Commission’s record remain open pending completion of any required environmental review, approval or permit proceeding. All agencies of the Commonwealth shall provide assistance to the Department<\/span>, as requested by the Director<\/span>, in preparing the information required by this subsection. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMPACT OF ELECTRIC GENERATING FACILITIES (\u00a7 10.1-1186.2:1)\n\nA. The Department and the State Air Pollution Control Board have the authority\nto consider the cumulative impact of new and proposed electric generating\nfacilities within the Commonwealth on attainment of the national ambient air\nquality standards.\n\nB. The Department shall enter into a memorandum of agreement with the State\nCorporation Commission regarding the coordination of reviews of the\nenvironmental impacts of proposed electric generating facilities that must\nobtain certificates from the State Corporation Commission. When considering the\nenvironmental impact of any renewable energy (defined in § 56-576)\nelectrical utility facility, the Department shall consult with interested\nagencies of the Commonwealth that have expertise in natural resource management.\nThe Department shall submit recommendations to the State Corporation Commission\nthat take into account the information and comments submitted by such natural\nresource agencies concerning the potential environmental impacts of the proposed\nelectric generating facility. The Department’s recommendations shall\ninclude: (i) specific mitigation measures considered necessary to minimize\nadverse environmental impacts; (ii) any additional site-specific studies\nconsidered to be necessary; and (iii) the scope and duration of any such\nstudies. Nothing in this subsection shall alter or affect the Rules of Practice\nand Procedure of the State Corporation Commission.\n\nC. Prior to the close of the Commission’s record on an application for\ncertification of an electric generating facility pursuant to § 56-580, the\nDepartment shall provide to the State Corporation Commission a list of all\nenvironmental permits and approvals that are required for the proposed electric\ngenerating facility and shall specify any environmental issues, identified\nduring the review process, that are not governed by those permits or approvals\nor are not within the authority of, and not considered by, the Department or\nother participating governmental entity in issuing such permits or approvals.\nThe Department may recommend to the Commission that the Commission’s\nrecord remain open pending completion of any required environmental review,\napproval or permit proceeding. All agencies of the Commonwealth shall provide\nassistance to the Department, as requested by the Director, in preparing the\ninformation required by this subsection.\n\nHISTORY: 2002, c. 483; 2008, c. 528.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}