                                 CODE OF VIRGINIA

STREAMLINED PERMITTING PROCESS FOR QUALIFIED ENERGY GENERATORS (§ 10.1-1308.1)

A. As used in this section:
			&#8220;Biomass&#8221; means organic material that is available on a renewable
or recurring basis, including:

   1. Forest-related materials, including mill residues, logging residues, forest
   thinnings, slash, brush, low-commercial value materials or undesirable
   species, and woody material harvested for the purpose of forest fire fuel
   reduction or forest health and watershed improvement;

   2. Agricultural-related materials, including orchard trees, vineyard, grain or
   crop residues, including straws, aquatic plants and agricultural processed
   co-products and waste products, including fats, oils, greases, whey, and
   lactose;

   3. Animal waste, including manure and slaughterhouse and other processing
   waste;

   4. Solid woody waste materials, including landscape trimmings, waste pallets,
   crates and manufacturing, construction, and demolition wood wastes, excluding
   pressure-treated, chemically treated or painted wood wastes and wood
   contaminated with plastic;

   5. Crops and trees planted for the purpose of being used to produce energy;

   6. Landfill gas, wastewater treatment gas, and biosolids, including organic
   waste byproducts generated during the wastewater treatment process; and

   7. Municipal solid waste, excluding tires and medical and hazardous waste.
   				&#8220;Expedited process&#8221; means a process that (i) requires the
   applicant to pay fees to the Commonwealth in connection with the issuance and
   processing of the permit application that do not exceed $50 and (ii) has a
   duration, from receipt of a complete permit application until final action by
   the Department on the application, not longer than 60 days.
   				&#8220;Qualified energy generator&#8221; means a commercial facility
   located in the Commonwealth with the capacity annually to generate no more
   than five megawatts of electricity, or produce the equivalent amount of energy
   in the form of fuel, steam, or other energy product, that is generated or
   produced from biomass, and that is sold to an unrelated person or used in a
   manufacturing process.

B. The Department shall develop an expedited process for issuing any permit that
it is required to issue for the construction or operation of a qualified energy
generator. The development of the expedited permitting process shall be in
accordance with subdivision A 8 of &#xA7; 2.2-4006; however, if the construction
or operation of a qualified energy generator is subject to a major new source
review program required by &#xA7; 110(a)(2)(C) of the federal Clean Air Act,
this section shall not apply.

HISTORY: 2008, c. 258; 2010, c. 65; 2022, c. 356.