                                 CODE OF VIRGINIA

 PUBLIC DISCLOSURE OF CERTAIN ELECTRIC GENERATING FACILITY CLOSURES (§
45.2-1701.1)

A. The provisions of this section shall apply to any electric generating
facility that:

   1. Has a nameplate generating capacity of 80 megawatts or more;

   2. Is located in the Commonwealth;

   3. 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

   4. Is subject to, and not exempt from, regulations adopted pursuant to
   subsection E of &#xA7; 10.1-1308 or &#xA7; 10.1-1330.

B. 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:

   1. The governing body of the locality where the facility is located;

   2. The governing body of any locality adjoining the locality where the
   facility is located;

   3. Any town council located within a county described in subdivision 1;

   4. Any planning district commission of any locality described in subdivision 1
   or 2;

   5. The State Corporation Commission Division of Public Utility Regulation;

   6. The Department and the Division;

   7. The Department of Housing and Community Development;

   8. PJM Interconnection, LLC;

   9. The Virginia Employment Commission;

   10. The Department of Environmental Quality; and

   11. The Virginia Council on Environmental Justice.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

HISTORY: 2021, Sp. Sess. I, cc. 41, 42.