{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1701.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1701.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1701.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1701.1.html"}],"law_id":70008,"edition_id":1,"section_id":70008,"structure_id":16223,"section_number":"45.2-1701.1","catch_line":" Public disclosure of certain electric generating facility closures","history":"2021, Sp. Sess. I, cc. 41, 42.","full_text":"A\n\nThe provisions of this section shall apply to any electric generating facility that:1\n\nHas a nameplate generating capacity of 80 megawatts or more;2\n\nIs located in the Commonwealth;3\n\nEmits carbon dioxide as a byproduct of combusting fuel, whether or not certificated by the State Corporation Commission pursuant to subsection D of &#xA7; 56-580; and4\n\nIs subject to, and not exempt from, regulations adopted pursuant to subsection E of &#xA7; 10.1-1308 or &#xA7; 10.1-1330.B\n\nWithin 30 days of an owner of an electric generating facility making public the decision to close such facility, or within 30 days of the owner of an electric generating facility making a filing with the U.S. Securities and Exchange Commission regarding a material impact to the cost, operations, or financial condition of the owner, which material impact is a direct precursor to the closure of the electric generating facility, the owner shall send a written notice of the impending closure to:1\n\nThe governing body of the locality where the facility is located;2\n\nThe governing body of any locality adjoining the locality where the facility is located;3\n\nAny town council located within a county described in subdivision 1;4\n\nAny planning district commission of any locality described in subdivision 1 or 2;5\n\nThe State Corporation Commission Division of Public Utility Regulation;6\n\nThe Department and the Division;7\n\nThe Department of Housing and Community Development;8\n\nPJM Interconnection, LLC;9\n\nThe Virginia Employment Commission;10\n\nThe Department of Environmental Quality; and11\n\nThe Virginia Council on Environmental Justice.C\n\nThe notice required by subsection B shall include, at a minimum, (i) the anticipated closure date of the facility; (ii) references to any website maintained by the owner containing closure information; (iii) a list of permits obtained from a local government, the State Air Pollution Control Board, the State Water Control Board, or the Department of Environmental Quality, including the permit number and date of issuance; (iv) anticipated future use of the facility site, if known; (v) workforce transition assistance information; and (vi) decommissioning information. If the owner of the facility is a registrant with the U.S. Securities and Exchange Commission, any filings mentioning the impending closure shall also be included with the notice.D\n\nIn the six months following receipt of the notice required by subsection B, the governing body of the locality where the facility is located shall conduct at least three public hearings, which may be part of a regular meeting agenda, where at least one representative of the owner of the facility being closed shall be present, make a presentation regarding the impending closure, and take questions from the governing body and the public.E\n\nIn the six months following receipt of the notice required by subsection B, the planning district commission of the locality where the facility is located shall conduct at least one public hearing, which may be part of a regular meeting agenda, where at least one representative of the owner of the facility being closed shall be present, make a presentation regarding the impending closure, and take questions from the planning district commission and the public.F\n\nThe Division shall maintain a public website listing the facilities subject to this section and their anticipated closure dates, if such dates are reasonably known by virtue of the laws of the Commonwealth or a public record or filing with an agency of the Commonwealth, including the State Corporation Commission, and a link shall be provided to the facilities&#8217; environmental protection or remediation obligations included in permits obtained from the Department, State Air Pollution Control Board, State Water Control Board, Department of Environmental Quality, or local governing body. At least every 12 months, the State Corporation Commission shall transmit to the Division any information that it reasonably believes would necessitate updates to the anticipated closure dates or other information contained on the Division&#8217;s website.G\n\nAs providing advance notice to affected communities of an impending closure of a facility under this section is a matter of vital importance for public policy, this section shall be liberally construed. The obligations imposed on agencies of the Commonwealth under this section are to be construed in favor of public disclosure of the information required by subsection F.H\n\nNotwithstanding the provisions of subsection A, the provisions of this section shall not apply to any electric generating facility that has a nameplate generating capacity of 90 megawatts or less and that filed a deactivation notice with PJM Interconnection, LLC, prior to September 1, 2019.","order_by":null,"text":{"0":{"id":252926,"text":"The provisions of this section shall apply to any electric generating facility that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":252927,"text":"Has a nameplate generating capacity of 80 megawatts or more;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":252928,"text":"Is located in the Commonwealth;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":252929,"text":"Emits carbon dioxide as a byproduct of combusting fuel, whether or not certificated by the State Corporation Commission pursuant to subsection D of &#xA7; 56-580; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":252930,"text":"Is subject to, and not exempt from, regulations adopted pursuant to subsection E of &#xA7; 10.1-1308 or &#xA7; 10.1-1330.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":252931,"text":"Within 30 days of an owner of an electric generating facility making public the decision to close such facility, or within 30 days of the owner of an electric generating facility making a filing with the U.S. Securities and Exchange Commission regarding a material impact to the cost, operations, or financial condition of the owner, which material impact is a direct precursor to the closure of the electric generating facility, the owner shall send a written notice of the impending closure to:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"B1"},"6":{"id":252932,"text":"The governing body of the locality where the facility is located;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"7":{"id":252933,"text":"The governing body of any locality adjoining the locality where the facility is located;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"8":{"id":252934,"text":"Any town council located within a county described in subdivision 1;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"9":{"id":252935,"text":"Any planning district commission of any locality described in subdivision 1 or 2;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"10":{"id":252936,"text":"The State Corporation Commission Division of Public Utility Regulation;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"11":{"id":252937,"text":"The Department and the Division;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"12":{"id":252938,"text":"The Department of Housing and Community Development;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"13":{"id":252939,"text":"PJM Interconnection, LLC;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"14":{"id":252940,"text":"The Virginia Employment Commission;","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"15":{"id":252941,"text":"The Department of Environmental Quality; and","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"16":{"id":252942,"text":"The Virginia Council on Environmental Justice.","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"C"},"17":{"id":252943,"text":"The notice required by subsection B shall include, at a minimum, (i) the anticipated closure date of the facility; (ii) references to any website maintained by the owner containing closure information; (iii) a list of permits obtained from a local government, the State Air Pollution Control Board, the State Water Control Board, or the Department of Environmental Quality, including the permit number and date of issuance; (iv) anticipated future use of the facility site, if known; (v) workforce transition assistance information; and (vi) decommissioning information. If the owner of the facility is a registrant with the U.S. Securities and Exchange Commission, any filings mentioning the impending closure shall also be included with the notice.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B11","next_prefix":"D"},"18":{"id":252944,"text":"In the six months following receipt of the notice required by subsection B, the governing body of the locality where the facility is located shall conduct at least three public hearings, which may be part of a regular meeting agenda, where at least one representative of the owner of the facility being closed shall be present, make a presentation regarding the impending closure, and take questions from the governing body and the public.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"19":{"id":252945,"text":"In the six months following receipt of the notice required by subsection B, the planning district commission of the locality where the facility is located shall conduct at least one public hearing, which may be part of a regular meeting agenda, where at least one representative of the owner of the facility being closed shall be present, make a presentation regarding the impending closure, and take questions from the planning district commission and the public.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"20":{"id":252946,"text":"The Division shall maintain a public website listing the facilities subject to this section and their anticipated closure dates, if such dates are reasonably known by virtue of the laws of the Commonwealth or a public record or filing with an agency of the Commonwealth, including the State Corporation Commission, and a link shall be provided to the facilities&#8217; environmental protection or remediation obligations included in permits obtained from the Department, State Air Pollution Control Board, State Water Control Board, Department of Environmental Quality, or local governing body. At least every 12 months, the State Corporation Commission shall transmit to the Division any information that it reasonably believes would necessitate updates to the anticipated closure dates or other information contained on the Division&#8217;s website.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"21":{"id":252947,"text":"As providing advance notice to affected communities of an impending closure of a facility under this section is a matter of vital importance for public policy, this section shall be liberally construed. The obligations imposed on agencies of the Commonwealth under this section are to be construed in favor of public disclosure of the information required by subsection F.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"22":{"id":252948,"text":"Notwithstanding the provisions of subsection A, the provisions of this section shall not apply to any electric generating facility that has a nameplate generating capacity of 90 megawatts or less and that filed a deactivation notice with PJM Interconnection, LLC, prior to September 1, 2019.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":16223,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13194,"metadata":{},"date_created":"2026-06-26 04:09:54","date_modified":"2026-06-26 04:09:54","permalink":{"id":224891,"object_type":"structure","relational_id":16223,"identifier":"1","token":"45.2\/V\/17\/1","url":"\/45.2\/V\/17\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13194,"edition_id":1,"name":"Other Sources of Energy Generally; Energy Policy","identifier":"17","label":"chapter","depth":3,"order_by":1,"parent_id":12714,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":224889,"object_type":"structure","relational_id":13194,"identifier":"17","token":"45.2\/V\/17","url":"\/45.2\/V\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12714,"edition_id":1,"name":"Other Sources of Energy; Energy Policy","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":224887,"object_type":"structure","relational_id":12714,"identifier":"V","token":"45.2\/V","url":"\/45.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83614,"structure_id":16223,"section_number":"45.2-1700","catch_line":" Definitions","url":"\/45.2-1700\/","token":"45.2\/V\/17\/1\/45.2-1700","metadata":false},{"id":65131,"structure_id":16223,"section_number":"45.2-1701","catch_line":"Division of Renewable Energy and Energy Efficiency established; powers and duties","url":"\/45.2-1701\/","token":"45.2\/V\/17\/1\/45.2-1701","metadata":false},{"id":70008,"structure_id":16223,"section_number":"45.2-1701.1","catch_line":" Public disclosure of certain electric generating facility closures","url":"\/45.2-1701.1\/","token":"45.2\/V\/17\/1\/45.2-1701.1","metadata":false}],"previous_section":{"id":65131,"structure_id":16223,"section_number":"45.2-1701","catch_line":"Division of Renewable Energy and Energy Efficiency established; powers and duties","url":"\/45.2-1701\/","token":"45.2\/V\/17\/1\/45.2-1701","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1701.1\/","history_text":false,"references":[{"id":60481,"section_number":"56-599","catch_line":"Integrated resource plan required","order_by":null,"url":"\/56-599\/"}],"refers_to":[{"id":57864,"section_number":"10.1-1308","catch_line":"Regulations","order_by":null,"url":"\/10.1-1308\/"},{"id":77551,"section_number":"56-580","catch_line":"Transmission and distribution of electric energy","order_by":null,"url":"\/56-580\/"}],"permalink":{"id":224901,"object_type":"law","relational_id":70008,"identifier":"45.2-1701.1","token":"45.2\/V\/17\/1\/45.2-1701.1","url":"\/45.2-1701.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1701.1\/","token":"45.2\/V\/17\/1\/45.2-1701.1","dublin_core":{"Title":" Public disclosure of certain electric generating facility closures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1701.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The provisions of this section shall apply to any electric generating facility that: <a id=\"paragraph-252926\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Has a nameplate generating capacity of 80 megawatts or more; <a id=\"paragraph-252927\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Is located in the Commonwealth; <a id=\"paragraph-252928\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Emits carbon dioxide as a byproduct of combusting fuel, whether or not certificated by the State Corporation Commission pursuant to subsection D of &#xA7; <a class=\"law\" title=\"Transmission and distribution of electric energy\" href=\"\/56-580\/\">56-580<\/a>; and <a id=\"paragraph-252929\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Is subject to, and not exempt from, regulations adopted pursuant to subsection E of &#xA7; <a class=\"law\" title=\"Regulations\" href=\"\/10.1-1308\/\">10.1-1308<\/a> or &#xA7; <a class=\"law\" title=\" Clean Energy and Community Flood Preparedness\" href=\"\/10.1-1330\/\">10.1-1330<\/a>. <a id=\"paragraph-252930\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Within 30 days of an owner of an electric generating facility making public the decision to close such facility, or within 30 days of the owner of an electric generating facility making a filing with the U.S. Securities and Exchange Commission regarding a <span class=\"dictionary\">material<\/span> impact to the cost, operations, or financial condition of the owner, which <span class=\"dictionary\">material<\/span> impact is a direct precursor to the closure of the electric generating facility, the owner shall send a written notice of the impending closure to: <a id=\"paragraph-252931\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The governing body of the locality where the facility is located; <a id=\"paragraph-252932\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The governing body of any locality adjoining the locality where the facility is located; <a id=\"paragraph-252933\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Any town council located within a county described in subdivision 1; <a id=\"paragraph-252934\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Any planning district commission of any locality described in subdivision 1 or 2; <a id=\"paragraph-252935\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The State Corporation Commission <span class=\"dictionary\">Division<\/span> of Public Utility Regulation; <a id=\"paragraph-252936\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#B5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> The <span class=\"dictionary\">Department<\/span> and the <span class=\"dictionary\">Division<\/span>; <a id=\"paragraph-252937\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#B6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> The <span class=\"dictionary\">Department<\/span> of Housing and Community Development; <a id=\"paragraph-252938\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#B7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B8\" class=\"indent-1\"><p><span class=\"prefix-number\">8.<\/span> PJM Interconnection, LLC; <a id=\"paragraph-252939\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#B8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B9\" class=\"indent-1\"><p><span class=\"prefix-number\">9.<\/span> The Virginia Employment Commission; <a id=\"paragraph-252940\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#B9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B10\" class=\"indent-1\"><p><span class=\"prefix-number\">10.<\/span> The <span class=\"dictionary\">Department<\/span> of Environmental Quality; and <a id=\"paragraph-252941\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#B10\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B11\" class=\"indent-1\"><p><span class=\"prefix-number\">11.<\/span> The Virginia Council on Environmental Justice. <a id=\"paragraph-252942\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#B11\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The notice required by subsection B shall include, at a minimum, (i) the anticipated closure date of the facility; (ii) references to any website maintained by the owner containing closure information; (iii) a list of permits obtained from a local government, the State Air Pollution Control Board, the State Water Control Board, or the <span class=\"dictionary\">Department<\/span> of Environmental Quality, including the permit number and date of issuance; (iv) anticipated future use of the facility site, if known; (v) workforce transition assistance information; and (vi) decommissioning information. If the owner of the facility is a registrant with the U.S. Securities and Exchange Commission, any filings mentioning the impending closure shall also be included with the notice. <a id=\"paragraph-252943\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> In the six months following receipt of the notice required by subsection B, the governing body of the locality where the facility is located shall conduct at least three public <span class=\"dictionary\">hearings<\/span>, which may be part of a regular meeting agenda, where at least one representative of the owner of the facility being closed shall be present, make a presentation regarding the impending closure, and take questions from the governing body and the public. <a id=\"paragraph-252944\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> In the six months following receipt of the notice required by subsection B, the planning district commission of the locality where the facility is located shall conduct at least one public <span class=\"dictionary\">hearing<\/span>, which may be part of a regular meeting agenda, where at least one representative of the owner of the facility being closed shall be present, make a presentation regarding the impending closure, and take questions from the planning district commission and the public. <a id=\"paragraph-252945\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The <span class=\"dictionary\">Division<\/span> shall maintain a public website listing the facilities subject to this section and their anticipated closure dates, if such dates are reasonably known by virtue of the <span class=\"dictionary\">laws<\/span> of the Commonwealth or a public record or filing with an agency of the Commonwealth, including the State Corporation Commission, and a link shall be provided to the facilities&#8217; environmental protection or remediation obligations included in permits obtained from the <span class=\"dictionary\">Department<\/span>, State Air Pollution Control Board, State Water Control Board, <span class=\"dictionary\">Department<\/span> of Environmental Quality, or local governing body. At least every 12 months, the State Corporation Commission shall transmit to the <span class=\"dictionary\">Division<\/span> any information that it reasonably believes would necessitate updates to the anticipated closure dates or other information contained on the <span class=\"dictionary\">Division<\/span>&#8217;s website. <a id=\"paragraph-252946\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> As providing advance notice to affected communities of an impending closure of a facility under this section is a matter of vital importance for public policy, this section shall be liberally construed. The obligations imposed on agencies of the Commonwealth under this section are to be construed in favor of public disclosure of the information required by subsection F. <a id=\"paragraph-252947\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Notwithstanding the provisions of subsection A, the provisions of this section shall not apply to any electric generating facility that has a nameplate generating capacity of 90 megawatts or less and that filed a deactivation notice with PJM Interconnection, LLC, prior to September 1, 2019. <a id=\"paragraph-252948\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1701.1\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n PUBLIC DISCLOSURE OF CERTAIN ELECTRIC GENERATING FACILITY CLOSURES (\u00a7\n45.2-1701.1)\n\nA. The provisions of this section shall apply to any electric generating\nfacility that:\n\n   1. Has a nameplate generating capacity of 80 megawatts or more;\n\n   2. Is located in the Commonwealth;\n\n   3. Emits carbon dioxide as a byproduct of combusting fuel, whether or not\n   certificated by the State Corporation Commission pursuant to subsection D of\n   &#xA7; 56-580; and\n\n   4. Is subject to, and not exempt from, regulations adopted pursuant to\n   subsection E of &#xA7; 10.1-1308 or &#xA7; 10.1-1330.\n\nB. Within 30 days of an owner of an electric generating facility making public\nthe decision to close such facility, or within 30 days of the owner of an\nelectric generating facility making a filing with the U.S. Securities and\nExchange Commission regarding a material impact to the cost, operations, or\nfinancial condition of the owner, which material impact is a direct precursor to\nthe closure of the electric generating facility, the owner shall send a written\nnotice of the impending closure to:\n\n   1. The governing body of the locality where the facility is located;\n\n   2. The governing body of any locality adjoining the locality where the\n   facility is located;\n\n   3. Any town council located within a county described in subdivision 1;\n\n   4. Any planning district commission of any locality described in subdivision 1\n   or 2;\n\n   5. The State Corporation Commission Division of Public Utility Regulation;\n\n   6. The Department and the Division;\n\n   7. The Department of Housing and Community Development;\n\n   8. PJM Interconnection, LLC;\n\n   9. The Virginia Employment Commission;\n\n   10. The Department of Environmental Quality; and\n\n   11. The Virginia Council on Environmental Justice.\n\nC. The notice required by subsection B shall include, at a minimum, (i) the\nanticipated closure date of the facility; (ii) references to any website\nmaintained by the owner containing closure information; (iii) a list of permits\nobtained from a local government, the State Air Pollution Control Board, the\nState Water Control Board, or the Department of Environmental Quality, including\nthe permit number and date of issuance; (iv) anticipated future use of the\nfacility site, if known; (v) workforce transition assistance information; and\n(vi) decommissioning information. If the owner of the facility is a registrant\nwith the U.S. Securities and Exchange Commission, any filings mentioning the\nimpending closure shall also be included with the notice.\n\nD. In the six months following receipt of the notice required by subsection B,\nthe governing body of the locality where the facility is located shall conduct\nat least three public hearings, which may be part of a regular meeting agenda,\nwhere at least one representative of the owner of the facility being closed\nshall be present, make a presentation regarding the impending closure, and take\nquestions from the governing body and the public.\n\nE. In the six months following receipt of the notice required by subsection B,\nthe planning district commission of the locality where the facility is located\nshall conduct at least one public hearing, which may be part of a regular\nmeeting agenda, where at least one representative of the owner of the facility\nbeing closed shall be present, make a presentation regarding the impending\nclosure, and take questions from the planning district commission and the\npublic.\n\nF. The Division shall maintain a public website listing the facilities subject\nto this section and their anticipated closure dates, if such dates are\nreasonably known by virtue of the laws of the Commonwealth or a public record or\nfiling with an agency of the Commonwealth, including the State Corporation\nCommission, and a link shall be provided to the facilities&#8217; environmental\nprotection or remediation obligations included in permits obtained from the\nDepartment, State Air Pollution Control Board, State Water Control Board,\nDepartment of Environmental Quality, or local governing body. At least every 12\nmonths, the State Corporation Commission shall transmit to the Division any\ninformation that it reasonably believes would necessitate updates to the\nanticipated closure dates or other information contained on the Division&#8217;s\nwebsite.\n\nG. As providing advance notice to affected communities of an impending closure\nof a facility under this section is a matter of vital importance for public\npolicy, this section shall be liberally construed. The obligations imposed on\nagencies of the Commonwealth under this section are to be construed in favor of\npublic disclosure of the information required by subsection F.\n\nH. Notwithstanding the provisions of subsection A, the provisions of this\nsection shall not apply to any electric generating facility that has a nameplate\ngenerating capacity of 90 megawatts or less and that filed a deactivation notice\nwith PJM Interconnection, LLC, prior to September 1, 2019.\n\nHISTORY: 2021, Sp. Sess. I, cc. 41, 42.","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}}