                                 CODE OF VIRGINIA

DUTIES OF STATE AGENCIES; ELECTRIC UTILITIES (§ 15.2-2202)

A. The Department of Environmental Quality shall distribute a copy of the
environmental impact report submitted to the Department for every major state
project pursuant to regulations promulgated under &#xA7; 10.1-1191 to the chief
administrative officer of every locality in which each project is proposed to be
located. The purpose of the distribution is to enable the locality to evaluate
the proposed project for environmental impact, consistency with the
locality&#8217;s comprehensive plan, local ordinances adopted pursuant to this
chapter, and other applicable law and to provide the locality with an
opportunity to comment. The Department shall distribute the reports to
localities, solicit their comments, and consider their responses in
substantially the same manner as the Department solicits and receives comments
from state agencies.

B. In addition to the information supplied under subsection A, every department,
board, bureau, commission, or other agency of the Commonwealth which is
responsible for the construction, operation, or maintenance of public facilities
within any locality shall, upon the request of the local planning commission
having authority to prepare a comprehensive plan, furnish reasonable information
requested by the local planning commission relative to the master plans of the
state agency which may affect the locality&#8217;s comprehensive plan. Each
state agency shall collaborate and cooperate with the local planning commission,
when requested, in the preparation of the comprehensive plan to the end that the
local comprehensive plan will coordinate the interests and responsibilities of
all concerned. The state agency shall notify the chief administrative officer of
the locality when updates to its land use plans are completed and available.

C. Every state agency responsible for the construction, operation or maintenance
of public facilities within the Commonwealth shall send a notice addressed to
the chief administrative officer of every locality in which the agency intends
to undertake a capital project involving new construction costing at least
$500,000. The notice shall occur at the initiation of the environmental impact
report process. This notice shall include a project description and a point of
contact with contact information for the project. A notice shall also be given
during the planning phase of the project and prior to preparation of
construction and site plans and shall inform localities that preliminary
construction and site plans will be available for distribution, upon the request
of the locality. Agencies shall not be required to give such notice prior to
acquisition of property. The purpose of the notice and distribution is to enable
the locality to evaluate the project for consistency with local ordinances other
than building codes and to provide the locality with an opportunity to submit
comments to the agency during the planning phase of a project. Upon receipt of a
request from a locality, the state agency shall transmit a copy of the plans to
the locality for comment or conduct at least one public meeting in the locality
to solicit public input during the planning phase of the project.

D. Every institution of higher education responsible for the construction,
operation or maintenance of public facilities within the Commonwealth shall send
a notice addressed to the chief administrative officer of every locality in
which the institution intends to undertake a capital project involving new
construction costing at least $500,000. The notice shall occur at the initiation
of the environmental impact report process. This notice shall include a project
description and a point of contact with contact information for the project. A
notice shall also be given during the planning phase of the project and prior to
preparation of construction and site plans and shall inform the locality that
preliminary construction and site plans will be available for distribution, upon
request of the locality. Institutions shall not be required to give such notice
prior to acquisition of property. The purpose of the notice and distribution is
to enable the locality to evaluate the project for consistency with local
ordinances other than building codes and to provide the locality with an
opportunity to submit comments to the agency during the planning phase of a
project. Upon receipt of a request from a locality, the institution shall
transmit a copy of the plans to the locality for comment or conduct at least one
public meeting in the locality to solicit public input during the planning phase
of the project.

E. Every electric utility that is responsible for the construction, operation,
and maintenance of electric transmission lines of 150 kilovolts or more shall
furnish reasonable information requested by the local planning commission having
authority to prepare a comprehensive plan within the utility&#8217;s
certificated service area relative to any electric transmission line of 150
kilovolts or more that may affect the locality&#8217;s comprehensive plan. If
the locality seeks to include the designation of corridors or routes for
electric transmission lines of 150 kilovolts or more in its comprehensive plan,
the local planning commission shall give the electric utility a reasonable
opportunity for consultation about such corridors or routes. The electric
utility shall notify the chief administrative officer of every locality in which
the electric utility plans to undertake construction of any electric
transmission line of 150 kilovolts or more, prior to the filing of any
application for approval of such construction with the State Corporation
Commission, of its intention to file any such application and shall give the
locality a reasonable opportunity for consultation about such line.

F. Nothing in this section shall be construed to require any state agency or
electric utility to duplicate any submission required to be made by the agency
or the electric utility to a locality under any other provision of law.

G. Nothing herein shall be deemed to abridge the authority of any state agency
or the State Corporation Commission regarding the facilities now or hereafter
coming under its jurisdiction. However, failure of any state agency to strictly
comply with subsection C will justify entry of an injunction on behalf of the
locality.

H. The provisions of this section shall not apply to highway, transit or other
projects, as provided in subsection B of &#xA7; 10.1-1188.

I. The provisions of this section shall not apply to the entering of any option
by any state agency or electric utility for any projects listed in subsection C,
D or E.

HISTORY: 1993, c. 786, § 15.1-428.1; 1997, c. 587; 2001, c. 281; 2007, c. 761;
2011, c. 699; 2022, c. 480.