                                 CODE OF VIRGINIA

DEPARTMENT REVIEW OF EROSION AND SEDIMENT CONTROL PLANS FOR SOLAR PROJECTS (§
62.1-44.15:55.1)

A. Any locality that does not operate a regulated MS4 and for which the
Department did not administer a VSMP as of July 1, 2020, shall notify the
Department if it decides to have the Department provide the locality with (i)
review of the erosion and sediment control plan required by subsection A of
&#xA7; 62.1-44.15:55 and (ii) a recommendation on the plan&#8217;s compliance
with the requirements of this article and the Board&#8217;s regulations, for any
solar project and its associated infrastructure with a rated electrical
generation capacity exceeding five megawatts.

B. The VESCP authority for a locality that notifies the Department pursuant to
subsection A shall, within five days of receiving an erosion and sediment
control plan, forward such plan to the Department for review. If a plan
forwarded to the Department is incomplete, the Department shall return the plan
to the VESCP authority immediately and the application process shall start over.
If a plan forwarded to the Department is complete, the Department shall review
it for compliance with the requirements of this article and the Board&#8217;s
regulations and provide a recommendation to the VESCP authority. The VESCP
authority shall then (i) grant written approval of the plan or (ii) provide
written notice of disapproval of the plan in accordance with subsection B of
&#xA7; 62.1-44.15:55.

C. The VESCP authority for a locality that notifies the Department pursuant to
subsection A shall, within five days of receiving any resubmittal of a
previously disapproved erosion and sediment control plan, forward such
resubmitted plan to the Department. The Department shall review a resubmittal of
a previously disapproved erosion and sediment control plan for compliance with
the requirements of this article and the Board&#8217;s regulations and provide a
recommendation to the VESCP authority. The VESCP authority shall then (i) grant
written approval of the plan or (ii) provide written notice of disapproval of
the plan in accordance with subsection B of &#xA7; 62.1-44.15:55.

D. The Department shall adopt a fee schedule and charge fees for conducting
reviews pursuant to this section. The fees shall be charged to applicants and
not to any VESCP authority. Such fees shall be remitted to the State Treasurer
for deposit in the Fund established by subsection E. The amount of the fees
shall be set at an amount representing no less than 60 percent, but not to
exceed 62 percent, of the administrative and other costs to the Department of
conducting such reviews.

E. There is hereby created in the state treasury a special nonreverting fund to
be known as the Virginia Erosion and Sediment Control Fund, referred to in this
section as &#8220;the Fund.&#8221; The Fund shall be established on the books of
the Comptroller. All moneys collected by the Department pursuant to this section
and all other funds appropriated for such purpose and any gifts, donations,
grants, bequests, and other funds received on its behalf shall be paid into the
state treasury and credited to the Fund. Interest earned on moneys in the Fund
shall remain in the Fund and be credited to it. Any moneys remaining in the
Fund, including interest thereon, at the end of each fiscal year shall not
revert to the general fund but shall remain in the Fund. Moneys in the Fund
shall be used solely for the purposes of carrying out the Department&#8217;s
responsibilities pursuant to this section. Expenditures and disbursements from
the Fund shall be made by the State Treasurer on warrants issued by the
Comptroller upon written request signed by the Director.
			An accounting of moneys received by and distributed from the Fund shall be
kept by the State Comptroller.

HISTORY: 2021, Sp. Sess. I, c. 497.