                                 CODE OF VIRGINIA

POWERS OF HOST LOCALITIES (§ 15.2-2316.8)

A. The governing body of a host locality shall have the power to:

   1. Hire and pay consultants and other experts on behalf of the host locality
   in matters pertaining to the siting of a solar project or energy storage
   project;

   2. Meet, discuss, and negotiate a siting agreement with an applicant; and

   3. Enter into a siting agreement with an applicant that is binding upon the
   governing body of the host locality and enforceable against it and future
   governing bodies of the host locality in any court of competent jurisdiction
   by signing a siting agreement pursuant to this article. Such contract may be
   assignable at the parties&#8217; option.

B. If the parties to the siting agreement agree upon the terms and conditions of
a siting agreement, the host locality shall schedule a public hearing, pursuant
to subsection A of &#xA7; 15.2-2204, for the purpose of consideration of such
siting agreement. If a majority of a quorum of the members of the governing body
present at such public hearing approve of such siting agreement, the siting
agreement shall be executed by the signatures of (i) the chief executive officer
of the host locality and (ii) the applicant or the applicant&#8217;s authorized
agent. The siting agreement shall continue in effect until it is amended,
revoked, or suspended.

HISTORY: 2020, c. 802; 2021, Sp. Sess. I, cc. 57, 58.