                                 CODE OF VIRGINIA

(EXPIRES JUNE 30, 2028) VIRGINIA BUSINESS READY EXPEDITED PERMITTING PROGRAM (§
2.2-2240.2:2)

A. For purposes of this section:
			&#8220;Eligible site&#8221; means a site that meets the qualifications for a
site development grant pursuant to &#xA7; 2.2-2240.2:1, including sites located
in Region 1 or 2 that meet the requirements of such section.
			&#8220;Program&#8221; means the Virginia Business Ready Expedited Permitting
Program.
			&#8220;Project&#8221; means an economic development project by a
traded-sector company involving significant capital investment and new job
creation in the locality in which the project is located.
			&#8220;Traded-sector company&#8221; means a company that directly or
indirectly derives more than 50 percent of its revenue from out-of-state
sources.

B. There is hereby created the Virginia Business Ready Expedited Permitting
Program to accomplish the objectives described in this section. The Authority
shall annually designate up to two eligible sites and four projects for
participation in the Program. Sites and projects eligible for the Program shall
include only (i) eligible sites or (ii) projects with significant local,
regional, or statewide economic impact that the governing body of the locality
in which the project is located has either (a) approved following a public
meeting or hearing or (b) submitted, by resolution, for consideration to be
included in the Program. No more than two eligible sites or projects shall be
designated as part of the Program within one locality annually. Where possible,
eligible sites or projects designated by the Authority for participation in the
Program shall be equitably distributed geographically throughout the
Commonwealth.

C. For any eligible site or project designated by the Authority for
participation in the Program, the Authority shall complete a review process
within 45 days of such designation. Such review process shall (i) reduce
permitting conflicts by providing guidance regarding the permits needed from
each agency or governmental entity and steps the applicant can take to expedite
permit application review and (ii) provide guidance regarding site planning and
development, site suitability and limitations, and facility design. For projects
requiring multiple agency permits, the Authority may designate one agency as the
lead agency to coordinate the overall permit reviews for the project.

D. For any complete application for a permit or request for approval associated
with an eligible site or project designated by the Authority as part of the
Program and submitted to a local governmental entity or state agency, whether or
not independent, such agency or other entity shall render a decision on the
application within 180 days. However, after consultation with the Authority, an
applicant and the relevant agency or governmental entity may agree, by
memorandum of understanding, to authorize a timeline for rendering decisions
that exceeds 180 days. If an agency or other entity requires additional
information or documentation from an applicant, including information to render
the application or request complete, the agency or other entity shall notify the
applicant within 60 days of receipt of the permit application or request for
approval. Upon receipt of such request for additional information, an applicant
shall respond to the agency or other entity with the required information or
documentation within 45 days. If the applicant exceeds the 45-day response
timeline, then the 180-day timeline governing an agency or other entity for
approval decisions shall be extended by the same number of days by which the
45-day response timeline was exceeded. If the applicant does not provide the
additionally requested information within 135 days of the request, the applicant
will be deemed noncompliant and shall no longer be designated as participating
in the Program, and the Authority may designate an alternative site or project
to participate in the Program in its place. If an agency or other governmental
entity requires an approval or affirmative action from (i) a federal entity or
(ii) an agency or other public or private entity over which the agency or other
governmental entity does not exercise control, before a decision can be
rendered, then the 180-day timeline shall be extended by the number of days
during which a decision on such approval or affirmative action is pending.

E. Nothing in this section shall be construed to limit or eliminate any legally
required opportunities for public comment or input related to a requested permit
or approval. If any such public comment or input would require the permitting or
approval process to extend beyond 180 days, the 180-day timeline shall be
extended by the number of days necessary to provide the full public comment or
input period required by law.

F. All local government entities and state agencies, whether or not independent,
shall cooperate with the Authority in carrying out the provisions of this
section.

G. The Virginia Economic Development Partnership Authority shall report annually
by December 1 to the Senate Committee on Finance and Appropriations and the
House Committee on Appropriations on the progress of the Virginia Business Ready
Expedited Permitting Program (the Program) established pursuant to this act for
the duration of the Program.

HISTORY: 2024, cc. 501, 471.