                                 CODE OF VIRGINIA

IMPACT OF ELECTRIC GENERATING FACILITIES (§ 10.1-1186.2:1)

A. The Department and the State Air Pollution Control Board have the authority
to consider the cumulative impact of new and proposed electric generating
facilities within the Commonwealth on attainment of the national ambient air
quality standards.

B. The Department shall enter into a memorandum of agreement with the State
Corporation Commission regarding the coordination of reviews of the
environmental impacts of proposed electric generating facilities that must
obtain certificates from the State Corporation Commission. When considering the
environmental impact of any renewable energy (defined in &#xA7; 56-576)
electrical utility facility, the Department shall consult with interested
agencies of the Commonwealth that have expertise in natural resource management.
The Department shall submit recommendations to the State Corporation Commission
that take into account the information and comments submitted by such natural
resource agencies concerning the potential environmental impacts of the proposed
electric generating facility. The Department&#8217;s recommendations shall
include: (i) specific mitigation measures considered necessary to minimize
adverse environmental impacts; (ii) any additional site-specific studies
considered to be necessary; and (iii) the scope and duration of any such
studies. Nothing in this subsection shall alter or affect the Rules of Practice
and Procedure of the State Corporation Commission.

C. Prior to the close of the Commission&#8217;s record on an application for
certification of an electric generating facility pursuant to &#xA7; 56-580, the
Department shall provide to the State Corporation Commission a list of all
environmental permits and approvals that are required for the proposed electric
generating facility and shall specify any environmental issues, identified
during the review process, that are not governed by those permits or approvals
or are not within the authority of, and not considered by, the Department or
other participating governmental entity in issuing such permits or approvals.
The Department may recommend to the Commission that the Commission&#8217;s
record remain open pending completion of any required environmental review,
approval or permit proceeding. All agencies of the Commonwealth shall provide
assistance to the Department, as requested by the Director, in preparing the
information required by this subsection.

HISTORY: 2002, c. 483; 2008, c. 528.