{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1330.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1330.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1330.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1330.html"}],"law_id":74339,"edition_id":1,"section_id":74339,"structure_id":14666,"section_number":"10.1-1330","catch_line":" Clean Energy and Community Flood Preparedness","history":"2020, cc. 1219, 1280; 2021, Sp. Sess. I, c. 532.","full_text":"A\n\nThe provisions of this article shall be incorporated by the Department, without further action by the Board, into the final regulation adopted by the Board on April 19, 2019, and published in the Virginia Register on May 27, 2019. Such incorporation by the Department shall be exempt from the provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq.).B\n\nThe Director is hereby authorized to establish, implement, and manage an auction program to sell allowances into a market-based trading program consistent with the RGGI program and this article. The Director shall seek to sell 100 percent of all allowances issued each year through the allowance auction, unless the Department finds that doing so will have a negative impact on the value of allowances and result in a net loss of consumer benefit or is otherwise inconsistent with the RGGI program.C\n\nTo the extent permitted by Article X, Section 7 of the Constitution of Virginia, the state treasury shall (i) hold the proceeds recovered from the allowance auction in an interest-bearing account with all interest directed to the account to carry out the purposes of this article and (ii) use the proceeds without further appropriation for the following purposes:1\n\nForty-five percent of the revenue shall be credited to the account established pursuant to the Fund for the purpose of assisting localities and their residents affected by recurrent flooding, sea level rise, and flooding from severe weather events.2\n\nFifty percent of the revenue shall be credited to an account administered by DHCD to support low-income energy efficiency programs, including programs for eligible housing developments. DHCD shall review and approve funding proposals for such energy efficiency programs, and DOE shall provide technical assistance upon request. Any sums remaining within the account administered by DHCD, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in such account to support low-income energy efficiency programs.3\n\nThree percent of the revenue shall be used to (i) cover reasonable administrative expenses of the Department in the administration of the revenue allocation, carbon dioxide emissions cap and trade program, and auction and (ii) carry out statewide climate change planning and mitigation activities.4\n\nTwo percent of the revenue shall be used by DHCD, in partnership with DOE, to administer and implement low-income energy efficiency programs pursuant to subdivision 2.D\n\nThe Department, the Department of Conservation and Recreation, DHCD, and DOE shall prepare a joint annual written report describing the Commonwealth’s participation in RGGI, the annual reduction in greenhouse gas emissions, the revenues collected and deposited in the interest-bearing account maintained by the Department pursuant to this article, and a description of each way in which money was expended during the fiscal year. The report shall be submitted to the Governor and General Assembly by January 1, 2022, and annually thereafter.","order_by":null,"text":{"0":{"id":267239,"text":"The provisions of this article shall be incorporated by the Department, without further action by the Board, into the final regulation adopted by the Board on April 19, 2019, and published in the Virginia Register on May 27, 2019. Such incorporation by the Department shall be exempt from the provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":267240,"text":"The Director is hereby authorized to establish, implement, and manage an auction program to sell allowances into a market-based trading program consistent with the RGGI program and this article. The Director shall seek to sell 100 percent of all allowances issued each year through the allowance auction, unless the Department finds that doing so will have a negative impact on the value of allowances and result in a net loss of consumer benefit or is otherwise inconsistent with the RGGI program.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":267241,"text":"To the extent permitted by Article X, Section 7 of the Constitution of Virginia, the state treasury shall (i) hold the proceeds recovered from the allowance auction in an interest-bearing account with all interest directed to the account to carry out the purposes of this article and (ii) use the proceeds without further appropriation for the following purposes:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":267242,"text":"Forty-five percent of the revenue shall be credited to the account established pursuant to the Fund for the purpose of assisting localities and their residents affected by recurrent flooding, sea level rise, and flooding from severe weather events.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":267243,"text":"Fifty percent of the revenue shall be credited to an account administered by DHCD to support low-income energy efficiency programs, including programs for eligible housing developments. DHCD shall review and approve funding proposals for such energy efficiency programs, and DOE shall provide technical assistance upon request. Any sums remaining within the account administered by DHCD, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in such account to support low-income energy efficiency programs.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":267244,"text":"Three percent of the revenue shall be used to (i) cover reasonable administrative expenses of the Department in the administration of the revenue allocation, carbon dioxide emissions cap and trade program, and auction and (ii) carry out statewide climate change planning and mitigation activities.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":267245,"text":"Two percent of the revenue shall be used by DHCD, in partnership with DOE, to administer and implement low-income energy efficiency programs pursuant to subdivision 2.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"7":{"id":267246,"text":"The Department, the Department of Conservation and Recreation, DHCD, and DOE shall prepare a joint annual written report describing the Commonwealth’s participation in RGGI, the annual reduction in greenhouse gas emissions, the revenues collected and deposited in the interest-bearing account maintained by the Department pursuant to this article, and a description of each way in which money was expended during the fiscal year. The report shall be submitted to the Governor and General Assembly by January 1, 2022, and annually thereafter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4"}},"ancestry":[{"id":14666,"edition_id":1,"name":"Clean Energy and Community Flood Preparedness Act","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12860,"metadata":{},"date_created":"2026-06-26 03:49:13","date_modified":"2026-06-26 03:49:13","permalink":{"id":145863,"object_type":"structure","relational_id":14666,"identifier":"4","token":"10.1\/II\/13\/4","url":"\/10.1\/II\/13\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12860,"edition_id":1,"name":"Air Pollution Control Board","identifier":"13","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145651,"object_type":"structure","relational_id":12860,"identifier":"13","token":"10.1\/II\/13","url":"\/10.1\/II\/13\/","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":67912,"structure_id":14666,"section_number":"10.1-1329","catch_line":" Definitions","url":"\/10.1-1329\/","token":"10.1\/II\/13\/4\/10.1-1329","metadata":false},{"id":74339,"structure_id":14666,"section_number":"10.1-1330","catch_line":" Clean Energy and Community Flood Preparedness","url":"\/10.1-1330\/","token":"10.1\/II\/13\/4\/10.1-1330","metadata":false},{"id":56261,"structure_id":14666,"section_number":"10.1-1331","catch_line":"Energy conversion or energy tolling agreements","url":"\/10.1-1331\/","token":"10.1\/II\/13\/4\/10.1-1331","metadata":false}],"previous_section":{"id":67912,"structure_id":14666,"section_number":"10.1-1329","catch_line":" Definitions","url":"\/10.1-1329\/","token":"10.1\/II\/13\/4\/10.1-1329","metadata":false},"next_section":{"id":56261,"structure_id":14666,"section_number":"10.1-1331","catch_line":"Energy conversion or energy tolling agreements","url":"\/10.1-1331\/","token":"10.1\/II\/13\/4\/10.1-1331","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1330\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 1219<\/a> and 1280<\/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.<\/p>","references":[{"id":83890,"section_number":"10.1-1183.1","catch_line":"Department of Environmental Quality consolidated annual report","order_by":null,"url":"\/10.1-1183.1\/"},{"id":65812,"section_number":"10.1-603.25","catch_line":"Virginia Community Flood Preparedness Fund; loan and grant program","order_by":null,"url":"\/10.1-603.25\/"},{"id":70146,"section_number":"56-596.2:2","catch_line":"(Expires January 1, 2031) Energy efficiency savings targets for certain customers","order_by":null,"url":"\/56-596.2_2\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":145869,"object_type":"law","relational_id":74339,"identifier":"10.1-1330","token":"10.1\/II\/13\/4\/10.1-1330","url":"\/10.1-1330\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1330\/","token":"10.1\/II\/13\/4\/10.1-1330","dublin_core":{"Title":" Clean Energy and Community Flood Preparedness","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1330","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The provisions of this article shall be incorporated by the Department<\/span>, without further action by the Board<\/span>, into the final regulation adopted by the Board<\/span> on April 19, 2019, and published in the Virginia Register on May 27, 2019. Such incorporation by the Department<\/span> shall be exempt from the provisions of the Virginia Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director<\/span> is hereby authorized to establish, implement, and manage an auction program to sell allowances<\/span> into a market-based trading program consistent with the RGGI<\/span> program and this article. The Director<\/span> shall seek to sell 100 percent of all allowances<\/span> issued each year through the allowance auction<\/span>, unless the Department<\/span> finds that doing so will have a negative impact on the value of allowances<\/span> and result in a net loss of consumer benefit or is otherwise inconsistent with the RGGI<\/span> program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> To the extent permitted by Article X, Section 7 of the Constitution of Virginia, the state treasury shall (i) hold the proceeds recovered from the allowance auction<\/span> in an interest-bearing account with all interest directed to the account to carry out the purposes of this article and (ii) use the proceeds without further appropriation for the following purposes: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Forty-five percent of the revenue shall be credited to the account established pursuant to the Fund<\/span> for the purpose of assisting localities and their residents affected by recurrent flooding, sea level rise, and flooding from severe weather events. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Fifty percent of the revenue shall be credited to an account administered by DHCD<\/span> to support low-income energy efficiency programs<\/span>, including programs for eligible housing developments<\/span>. DHCD<\/span> shall review and approve funding proposals for such energy efficiency programs<\/span>, and DOE<\/span> shall provide technical assistance upon request. Any sums remaining within the account administered by DHCD<\/span>, including interest thereon, at the end of each fiscal year shall not revert to the general fund<\/span> but shall remain in such account to support low-income energy efficiency programs<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Three percent of the revenue shall be used to (i) cover reasonable administrative expenses of the Department<\/span> in the administration of the revenue allocation, carbon dioxide emissions cap and trade program, and auction and (ii) carry out statewide climate change planning and mitigation activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Two percent of the revenue shall be used by DHCD<\/span>, in partnership with DOE<\/span>, to administer and implement low-income energy efficiency programs<\/span> pursuant to subdivision 2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span>, the Department<\/span> of Conservation and Recreation, DHCD<\/span>, and DOE<\/span> shall prepare a joint annual written report describing the Commonwealth’s participation in RGGI<\/span>, the annual reduction in greenhouse gas emissions, the revenues collected and deposited in the interest-bearing account maintained by the Department<\/span> pursuant to this article, and a description of each way in which money was expended during the fiscal year. The report shall be submitted to the Governor and General Assembly by January 1, 2022, and annually thereafter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n CLEAN ENERGY AND COMMUNITY FLOOD PREPAREDNESS (\u00a7 10.1-1330)\n\nA. The provisions of this article shall be incorporated by the Department,\nwithout further action by the Board, into the final regulation adopted by the\nBoard on April 19, 2019, and published in the Virginia Register on May 27, 2019.\nSuch incorporation by the Department shall be exempt from the provisions of the\nVirginia Administrative Process Act (§ 2.2-4000 et seq.).\n\nB. The Director is hereby authorized to establish, implement, and manage an\nauction program to sell allowances into a market-based trading program\nconsistent with the RGGI program and this article. The Director shall seek to\nsell 100 percent of all allowances issued each year through the allowance\nauction, unless the Department finds that doing so will have a negative impact\non the value of allowances and result in a net loss of consumer benefit or is\notherwise inconsistent with the RGGI program.\n\nC. To the extent permitted by Article X, Section 7 of the Constitution of\nVirginia, the state treasury shall (i) hold the proceeds recovered from the\nallowance auction in an interest-bearing account with all interest directed to\nthe account to carry out the purposes of this article and (ii) use the proceeds\nwithout further appropriation for the following purposes:\n\n 1. Forty-five percent of the revenue shall be credited to the account\n established pursuant to the Fund for the purpose of assisting localities and\n their residents affected by recurrent flooding, sea level rise, and flooding\n from severe weather events.\n\n 2. Fifty percent of the revenue shall be credited to an account administered\n by DHCD to support low-income energy efficiency programs, including programs\n for eligible housing developments. DHCD shall review and approve funding\n proposals for such energy efficiency programs, and DOE shall provide technical\n assistance upon request. Any sums remaining within the account administered by\n DHCD, including interest thereon, at the end of each fiscal year shall not\n revert to the general fund but shall remain in such account to support\n low-income energy efficiency programs.\n\n 3. Three percent of the revenue shall be used to (i) cover reasonable\n administrative expenses of the Department in the administration of the revenue\n allocation, carbon dioxide emissions cap and trade program, and auction and\n (ii) carry out statewide climate change planning and mitigation activities.\n\n 4. Two percent of the revenue shall be used by DHCD, in partnership with DOE,\n to administer and implement low-income energy efficiency programs pursuant to\n subdivision 2.\n\nD. The Department, the Department of Conservation and Recreation, DHCD, and DOE\nshall prepare a joint annual written report describing the Commonwealth’s\nparticipation in RGGI, the annual reduction in greenhouse gas emissions, the\nrevenues collected and deposited in the interest-bearing account maintained by\nthe Department pursuant to this article, and a description of each way in which\nmoney was expended during the fiscal year. The report shall be submitted to the\nGovernor and General Assembly by January 1, 2022, and annually thereafter.\n\nHISTORY: 2020, cc. 1219, 1280; 2021, Sp. Sess. I, c. 532.","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}}