{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1711.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1711.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1711.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1711.html"}],"law_id":69230,"edition_id":1,"section_id":69230,"structure_id":15995,"section_number":"45.2-1711","catch_line":" Schedule for the Plan","history":"2006, c. 939, \u00a7 67-202; 2008, cc. 651, 883; 2014, cc. 161, 419, 603, 756; 2021, Sp. Sess. I, cc. 326, 387.","full_text":"A\n\nThe Division shall complete the Plan.B\n\nPrior to the completion of the Plan and each update thereof, the Division shall present drafts to, and consult with, the Virginia Coal and Energy Commission established pursuant to Chapter 25 (&#xA7; 30-188 et seq.) of Title 30 and the Commission on Electric Utility Regulation established pursuant to Chapter 31 (&#xA7; 30-201 et seq.) of Title 30.C\n\nThe Plan shall be updated by the Division and submitted as provided in &#xA7; 45.2-1713 by October 1, 2014, and every fourth October 1 thereafter. In addition, the Division shall provide interim updates on the Plan by October 1 of the third year of each Governor&#8217;s administration. Updated reports shall specify any progress attained toward each proposed action of the Plan, as well as reassess goals for energy conservation on the basis of progress to date in meeting the goals in the previous Plan and lessons learned from attempts to meet such goals.D\n\nBeginning with the Plan update in 2014, the Division shall include a section setting forth energy policy positions relevant to any potential regulations proposed or promulgated by the State Air Pollution Control Board to reduce carbon dioxide emissions from fossil fuel-fired electric generating units under \u00a7 111(d) of the federal Clean Air Act, 42 U.S.C. \u00a7 7411(d). In such section of the Plan, the Division shall address policy options for establishing separate standards of performance pursuant to \u00a7 111(d) of the federal Clean Air Act, 42 U.S.C. \u00a7 7411(d), for carbon dioxide emissions from existing fossil fuel-fired electric generating units to promote the Plan&#8217;s overall goal of fuel diversity as follows:1\n\nThe Plan shall address policy options for establishing the standards of performance for existing coal-fired electric generating units, including the following factors:\n\t\t\t\ta. The most suitable system of emission reduction that (i) takes into consideration (a) the cost and benefit of achieving such reduction, (b) any non-air quality health and environmental impacts, and (c) the energy requirements of the Commonwealth and (ii) has been adequately demonstrated for coal-fired electric generating units that are subject to the standard of performance;\n\t\t\t\tb. Reductions in emissions of carbon dioxide that can be achieved through measures reasonably undertaken at each coal-fired electric generating unit; and\n\t\t\t\tc. Increased efficiencies and other measures that can be implemented at each coal-fired electric generating unit to reduce carbon dioxide emissions from the unit without converting from coal to other fuels, co-firing other fuels with coal, or limiting the utilization of the unit.2\n\nThe Plan shall also address policy options for establishing the standards of performance for existing gas-fired electric generating units, including the following factors:\n\t\t\t\ta. The application of the criteria specified in subdivisions 1 a and b to natural gas-fired electric generating units instead of to coal-fired electric generating units; and\n\t\t\t\tb. Increased efficiencies and other measures that can be reasonably implemented at the unit to reduce carbon dioxide emissions from the unit without switching from natural gas to other lower-carbon fuels or limiting the utilization of the unit.3\n\nThe Plan shall examine policy options for state regulatory action to adopt less stringent standards or longer compliance schedules than those provided for in applicable federal rules or guidelines based on analysis of the following:\n\t\t\t\ta. Consumer impacts, including any disproportionate impacts of energy price increases on lower-income populations;\n\t\t\t\tb. Unreasonable cost of reducing emissions resulting from plant age, location, or basic process design;\n\t\t\t\tc. Physical difficulties with or impossibility of implementing emission reduction measures;\n\t\t\t\td. The absolute cost of applying the performance standard to the unit;\n\t\t\t\te. The expected remaining useful life of the unit;\n\t\t\t\tf. The economic impacts of closing the unit, including expected job losses, if the unit is unable to comply with the performance standard; and\n\t\t\t\tg. Any other factors specific to the unit that make application of a less stringent standard or longer compliance schedule more reasonable.4\n\nThe Plan shall identify options, to the maximum extent permissible, for any federally required regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units and regulatory mechanisms that provide flexibility in complying with such standards, including the averaging of emissions, emissions trading, or other alternative implementation measures that are determined to further the interests of the Commonwealth and its citizens.","order_by":null,"text":{"0":{"id":250473,"text":"The Division shall complete the Plan.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250474,"text":"Prior to the completion of the Plan and each update thereof, the Division shall present drafts to, and consult with, the Virginia Coal and Energy Commission established pursuant to Chapter 25 (&#xA7; 30-188 et seq.) of Title 30 and the Commission on Electric Utility Regulation established pursuant to Chapter 31 (&#xA7; 30-201 et seq.) of Title 30.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250475,"text":"The Plan shall be updated by the Division and submitted as provided in &#xA7; 45.2-1713 by October 1, 2014, and every fourth October 1 thereafter. In addition, the Division shall provide interim updates on the Plan by October 1 of the third year of each Governor&#8217;s administration. Updated reports shall specify any progress attained toward each proposed action of the Plan, as well as reassess goals for energy conservation on the basis of progress to date in meeting the goals in the previous Plan and lessons learned from attempts to meet such goals.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":250476,"text":"Beginning with the Plan update in 2014, the Division shall include a section setting forth energy policy positions relevant to any potential regulations proposed or promulgated by the State Air Pollution Control Board to reduce carbon dioxide emissions from fossil fuel-fired electric generating units under \u00a7 111(d) of the federal Clean Air Act, 42 U.S.C. \u00a7 7411(d). In such section of the Plan, the Division shall address policy options for establishing separate standards of performance pursuant to \u00a7 111(d) of the federal Clean Air Act, 42 U.S.C. \u00a7 7411(d), for carbon dioxide emissions from existing fossil fuel-fired electric generating units to promote the Plan&#8217;s overall goal of fuel diversity as follows:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":250477,"text":"The Plan shall address policy options for establishing the standards of performance for existing coal-fired electric generating units, including the following factors:\n\t\t\t\ta. The most suitable system of emission reduction that (i) takes into consideration (a) the cost and benefit of achieving such reduction, (b) any non-air quality health and environmental impacts, and (c) the energy requirements of the Commonwealth and (ii) has been adequately demonstrated for coal-fired electric generating units that are subject to the standard of performance;\n\t\t\t\tb. Reductions in emissions of carbon dioxide that can be achieved through measures reasonably undertaken at each coal-fired electric generating unit; and\n\t\t\t\tc. Increased efficiencies and other measures that can be implemented at each coal-fired electric generating unit to reduce carbon dioxide emissions from the unit without converting from coal to other fuels, co-firing other fuels with coal, or limiting the utilization of the unit.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":250478,"text":"The Plan shall also address policy options for establishing the standards of performance for existing gas-fired electric generating units, including the following factors:\n\t\t\t\ta. The application of the criteria specified in subdivisions 1 a and b to natural gas-fired electric generating units instead of to coal-fired electric generating units; and\n\t\t\t\tb. Increased efficiencies and other measures that can be reasonably implemented at the unit to reduce carbon dioxide emissions from the unit without switching from natural gas to other lower-carbon fuels or limiting the utilization of the unit.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":250479,"text":"The Plan shall examine policy options for state regulatory action to adopt less stringent standards or longer compliance schedules than those provided for in applicable federal rules or guidelines based on analysis of the following:\n\t\t\t\ta. Consumer impacts, including any disproportionate impacts of energy price increases on lower-income populations;\n\t\t\t\tb. Unreasonable cost of reducing emissions resulting from plant age, location, or basic process design;\n\t\t\t\tc. Physical difficulties with or impossibility of implementing emission reduction measures;\n\t\t\t\td. The absolute cost of applying the performance standard to the unit;\n\t\t\t\te. The expected remaining useful life of the unit;\n\t\t\t\tf. The economic impacts of closing the unit, including expected job losses, if the unit is unable to comply with the performance standard; and\n\t\t\t\tg. Any other factors specific to the unit that make application of a less stringent standard or longer compliance schedule more reasonable.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"7":{"id":250480,"text":"The Plan shall identify options, to the maximum extent permissible, for any federally required regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units and regulatory mechanisms that provide flexibility in complying with such standards, including the averaging of emissions, emissions trading, or other alternative implementation measures that are determined to further the interests of the Commonwealth and its citizens.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3"}},"ancestry":[{"id":15995,"edition_id":1,"name":"Virginia Energy Plan","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":13194,"metadata":{},"date_created":"2026-06-26 04:03:23","date_modified":"2026-06-26 04:03:23","permalink":{"id":224945,"object_type":"structure","relational_id":15995,"identifier":"4","token":"45.2\/V\/17\/4","url":"\/45.2\/V\/17\/4\/","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":78018,"structure_id":15995,"section_number":"45.2-1710","catch_line":" Development of the Virginia Energy Plan","url":"\/45.2-1710\/","token":"45.2\/V\/17\/4\/45.2-1710","metadata":false},{"id":69230,"structure_id":15995,"section_number":"45.2-1711","catch_line":" Schedule for the Plan","url":"\/45.2-1711\/","token":"45.2\/V\/17\/4\/45.2-1711","metadata":false},{"id":64569,"structure_id":15995,"section_number":"45.2-1712","catch_line":"Annual reporting by investor-owned public utilities","url":"\/45.2-1712\/","token":"45.2\/V\/17\/4\/45.2-1712","metadata":false},{"id":62438,"structure_id":15995,"section_number":"45.2-1713","catch_line":"Submission of the Plan","url":"\/45.2-1713\/","token":"45.2\/V\/17\/4\/45.2-1713","metadata":false}],"previous_section":{"id":78018,"structure_id":15995,"section_number":"45.2-1710","catch_line":" Development of the Virginia Energy Plan","url":"\/45.2-1710\/","token":"45.2\/V\/17\/4\/45.2-1710","metadata":false},"next_section":{"id":64569,"structure_id":15995,"section_number":"45.2-1712","catch_line":"Annual reporting by investor-owned public utilities","url":"\/45.2-1712\/","token":"45.2\/V\/17\/4\/45.2-1712","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1711\/","history_text":"<p>This law was first created in 2006. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0939\">939<\/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 2 times. 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. Those modifications are as follows: in 2008, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0651\">651<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0883\">883<\/a>; in 2014, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0161\">161<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0419\">419<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0603\">603<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0756\">756<\/a>.<\/p>","references":false,"refers_to":[{"id":77554,"section_number":"30-188","catch_line":"Virginia Coal and Energy Commission; membership; terms; compensation and expenses; staff; quorum; voting on recommendations","order_by":null,"url":"\/30-188\/"},{"id":82087,"section_number":"30-201","catch_line":"(Expires July 1, 2029) Commission on Electric Utility Restructuring continued as Commission on Electric Utility Regulation; purpose","order_by":null,"url":"\/30-201\/"},{"id":62438,"section_number":"45.2-1713","catch_line":"Submission of the Plan","order_by":null,"url":"\/45.2-1713\/"}],"permalink":{"id":224951,"object_type":"law","relational_id":69230,"identifier":"45.2-1711","token":"45.2\/V\/17\/4\/45.2-1711","url":"\/45.2-1711\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1711\/","token":"45.2\/V\/17\/4\/45.2-1711","dublin_core":{"Title":" Schedule for the Plan","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1711","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">Division<\/span> shall complete the <span class=\"dictionary\">Plan<\/span>. <a id=\"paragraph-250473\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1711\/#A\"><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> Prior to the completion of the <span class=\"dictionary\">Plan<\/span> and each update thereof, the <span class=\"dictionary\">Division<\/span> shall present drafts to, and consult with, the Virginia Coal and Energy Commission established pursuant to Chapter 25 (&#xA7; <a class=\"law\" title=\"Virginia Coal and Energy Commission; membership; terms; compensation and expenses; staff; quorum; voting on recommendations\" href=\"\/30-188\/\">30-188<\/a> et seq.) of Title 30 and the Commission on Electric Utility Regulation established pursuant to Chapter 31 (&#xA7; <a class=\"law\" title=\"(Expires July 1, 2029) Commission on Electric Utility Restructuring continued as Commission on Electric Utility Regulation; purpose\" href=\"\/30-201\/\">30-201<\/a> et seq.) of Title 30. <a id=\"paragraph-250474\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1711\/#B\"><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 <span class=\"dictionary\">Plan<\/span> shall be updated by the <span class=\"dictionary\">Division<\/span> and submitted as provided in &#xA7; <a class=\"law\" title=\"Submission of the Plan\" href=\"\/45.2-1713\/\">45.2-1713<\/a> by October 1, 2014, and every fourth October 1 thereafter. In addition, the <span class=\"dictionary\">Division<\/span> shall provide interim updates on the <span class=\"dictionary\">Plan<\/span> by October 1 of the third year of each Governor&#8217;s administration. Updated reports shall specify any progress attained toward each proposed action of the <span class=\"dictionary\">Plan<\/span>, as well as reassess goals for energy conservation on the basis of progress to date in meeting the goals in the previous <span class=\"dictionary\">Plan<\/span> and lessons learned from attempts to meet such goals. <a id=\"paragraph-250475\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1711\/#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> Beginning with the <span class=\"dictionary\">Plan<\/span> update in 2014, the <span class=\"dictionary\">Division<\/span> shall include a section setting forth energy policy positions relevant to any potential regulations proposed or promulgated by the State Air Pollution Control Board to reduce carbon dioxide emissions from fossil fuel-fired electric generating units under \u00a7&nbsp;111(d) of the federal Clean Air Act, 42 U.S.C. \u00a7&nbsp;7411(d). In such section of the <span class=\"dictionary\">Plan<\/span>, the <span class=\"dictionary\">Division<\/span> shall address policy options for establishing separate standards of performance pursuant to \u00a7&nbsp;111(d) of the federal Clean Air Act, 42 U.S.C. \u00a7&nbsp;7411(d), for carbon dioxide emissions from existing fossil fuel-fired electric generating units to promote the <span class=\"dictionary\">Plan<\/span>&#8217;s overall goal of fuel diversity as follows: <a id=\"paragraph-250476\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1711\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">Plan<\/span> shall address policy options for establishing the standards of performance for existing coal-fired electric generating units, including the following factors:\n\t\t\t\ta. The most suitable system of emission reduction that (i) takes into consideration (a) the cost and benefit of achieving such reduction, (b) any non-air quality health and environmental impacts, and (c) the energy requirements of the Commonwealth and (ii) has been adequately demonstrated for coal-fired electric generating units that are subject to the standard of performance;\n\t\t\t\tb. Reductions in emissions of carbon dioxide that can be achieved through measures reasonably undertaken at each coal-fired electric generating unit; and\n\t\t\t\tc. Increased efficiencies and other measures that can be implemented at each coal-fired electric generating unit to reduce carbon dioxide emissions from the unit without converting from coal to other fuels, co-firing other fuels with coal, or limiting the utilization of the unit. <a id=\"paragraph-250477\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1711\/#D1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The <span class=\"dictionary\">Plan<\/span> shall also address policy options for establishing the standards of performance for existing gas-fired electric generating units, including the following factors:\n\t\t\t\ta. The application of the criteria specified in subdivisions 1 a and b to natural gas-fired electric generating units instead of to coal-fired electric generating units; and\n\t\t\t\tb. Increased efficiencies and other measures that can be reasonably implemented at the unit to reduce carbon dioxide emissions from the unit without switching from natural gas to other lower-carbon fuels or limiting the utilization of the unit. <a id=\"paragraph-250478\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1711\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The <span class=\"dictionary\">Plan<\/span> shall examine policy options for state regulatory action to adopt less stringent standards or longer compliance <span class=\"dictionary\">schedules<\/span> than those provided for in applicable federal rules or guidelines based on analysis of the following:\n\t\t\t\ta. Consumer impacts, including any disproportionate impacts of energy price increases on lower-income populations;\n\t\t\t\tb. Unreasonable cost of reducing emissions resulting from plant age, location, or basic process design;\n\t\t\t\tc. Physical difficulties with or impossibility of implementing emission reduction measures;\n\t\t\t\td. The absolute cost of applying the performance standard to the unit;\n\t\t\t\te. The expected remaining useful life of the unit;\n\t\t\t\tf. The economic impacts of closing the unit, including expected job losses, if the unit is unable to comply with the performance standard; and\n\t\t\t\tg. Any other factors specific to the unit that make application of a less stringent standard or longer compliance schedule more reasonable. <a id=\"paragraph-250479\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1711\/#D3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The <span class=\"dictionary\">Plan<\/span> shall identify options, to the maximum extent permissible, for any federally required regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units and regulatory mechanisms that provide flexibility in complying with such standards, including the averaging of emissions, emissions trading, or other alternative implementation measures that are determined to further the interests of the Commonwealth and its citizens. <a id=\"paragraph-250480\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/45.2-1711\/#D4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n SCHEDULE FOR THE PLAN (\u00a7 45.2-1711)\n\nA. The Division shall complete the Plan.\n\nB. Prior to the completion of the Plan and each update thereof, the Division\nshall present drafts to, and consult with, the Virginia Coal and Energy\nCommission established pursuant to Chapter 25 (&#xA7; 30-188 et seq.) of Title\n30 and the Commission on Electric Utility Regulation established pursuant to\nChapter 31 (&#xA7; 30-201 et seq.) of Title 30.\n\nC. The Plan shall be updated by the Division and submitted as provided in &#xA7;\n45.2-1713 by October 1, 2014, and every fourth October 1 thereafter. In\naddition, the Division shall provide interim updates on the Plan by October 1 of\nthe third year of each Governor&#8217;s administration. Updated reports shall\nspecify any progress attained toward each proposed action of the Plan, as well\nas reassess goals for energy conservation on the basis of progress to date in\nmeeting the goals in the previous Plan and lessons learned from attempts to meet\nsuch goals.\n\nD. Beginning with the Plan update in 2014, the Division shall include a section\nsetting forth energy policy positions relevant to any potential regulations\nproposed or promulgated by the State Air Pollution Control Board to reduce\ncarbon dioxide emissions from fossil fuel-fired electric generating units under\n\u00a7 111(d) of the federal Clean Air Act, 42 U.S.C. \u00a7 7411(d). In such section of\nthe Plan, the Division shall address policy options for establishing separate\nstandards of performance pursuant to \u00a7 111(d) of the federal Clean Air Act, 42\nU.S.C. \u00a7 7411(d), for carbon dioxide emissions from existing fossil fuel-fired\nelectric generating units to promote the Plan&#8217;s overall goal of fuel\ndiversity as follows:\n\n   1. The Plan shall address policy options for establishing the standards of\n   performance for existing coal-fired electric generating units, including the\n   following factors:\n   \t\t\t\ta. The most suitable system of emission reduction that (i) takes into\n   consideration (a) the cost and benefit of achieving such reduction, (b) any\n   non-air quality health and environmental impacts, and (c) the energy\n   requirements of the Commonwealth and (ii) has been adequately demonstrated for\n   coal-fired electric generating units that are subject to the standard of\n   performance;\n   \t\t\t\tb. Reductions in emissions of carbon dioxide that can be achieved through\n   measures reasonably undertaken at each coal-fired electric generating unit;\n   and\n   \t\t\t\tc. Increased efficiencies and other measures that can be implemented at\n   each coal-fired electric generating unit to reduce carbon dioxide emissions\n   from the unit without converting from coal to other fuels, co-firing other\n   fuels with coal, or limiting the utilization of the unit.\n\n   2. The Plan shall also address policy options for establishing the standards\n   of performance for existing gas-fired electric generating units, including the\n   following factors:\n   \t\t\t\ta. The application of the criteria specified in subdivisions 1 a and b to\n   natural gas-fired electric generating units instead of to coal-fired electric\n   generating units; and\n   \t\t\t\tb. Increased efficiencies and other measures that can be reasonably\n   implemented at the unit to reduce carbon dioxide emissions from the unit\n   without switching from natural gas to other lower-carbon fuels or limiting the\n   utilization of the unit.\n\n   3. The Plan shall examine policy options for state regulatory action to adopt\n   less stringent standards or longer compliance schedules than those provided\n   for in applicable federal rules or guidelines based on analysis of the\n   following:\n   \t\t\t\ta. Consumer impacts, including any disproportionate impacts of energy\n   price increases on lower-income populations;\n   \t\t\t\tb. Unreasonable cost of reducing emissions resulting from plant age,\n   location, or basic process design;\n   \t\t\t\tc. Physical difficulties with or impossibility of implementing emission\n   reduction measures;\n   \t\t\t\td. The absolute cost of applying the performance standard to the unit;\n   \t\t\t\te. The expected remaining useful life of the unit;\n   \t\t\t\tf. The economic impacts of closing the unit, including expected job\n   losses, if the unit is unable to comply with the performance standard; and\n   \t\t\t\tg. Any other factors specific to the unit that make application of a less\n   stringent standard or longer compliance schedule more reasonable.\n\n   4. The Plan shall identify options, to the maximum extent permissible, for any\n   federally required regulation of carbon dioxide emissions from existing fossil\n   fuel-fired electric generating units and regulatory mechanisms that provide\n   flexibility in complying with such standards, including the averaging of\n   emissions, emissions trading, or other alternative implementation measures\n   that are determined to further the interests of the Commonwealth and its\n   citizens.\n\nHISTORY: 2006, c. 939, \u00a7 67-202; 2008, cc. 651, 883; 2014, cc. 161, 419, 603,\n756; 2021, Sp. Sess. I, cc. 326, 387.","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}}