                                 CODE OF VIRGINIA

VIRGINIA BROWNFIELD AND COAL MINE RENEWABLE ENERGY GRANT FUND AND PROGRAM (§
45.2-1725)

A. For the purposes of this section:
			&#8220;Brownfield&#8221; means real property, the expansion, redevelopment,
or reuse of which may be complicated by the presence or potential presence of a
hazardous substance, pollutant, or contaminant.
			&#8220;Fund&#8221; means the Virginia Brownfield and Coal Mine Renewable
Energy Grant Fund.
			&#8220;Previously coal mined lands&#8221; means lands, associated waters, and
surrounding watersheds where coal extraction, beneficiation, or processing has
occurred.
			&#8220;Program&#8221; means Virginia Brownfield and Coal Mine Renewable
Energy Grant Program.
			&#8220;Project&#8221; means all or any part of the following activities
necessary or desirable for the restoration and redevelopment of a brownfield
site or previously coal mined lands for renewable energy purposes: (i)
environmental or cultural resource site assessments; (ii) the monitoring,
remediation, cleanup, or containment of property to remove hazardous substances,
hazardous wastes, solid wastes, or petroleum; (iii) the appropriate treatment of
grave sites, and the appropriate and necessary treatment of significant
archaeological resources, or the stabilization or restoration of structures
listed on or eligible for the Virginia Landmarks Register; (iv) the demolition
and removal of existing structures, or other site work necessary to make a site
or certain real property usable for economic development; (v) the development of
a remediation and reuse plan; and (vi) the development or operation of such site
for renewable energy generation or storage.
			&#8220;Renewable energy&#8221; means energy derived from sunlight, wind, and
geothermal power.

B. There is hereby created in the state treasury a special nonreverting fund to
be known as the Virginia Brownfield and Coal Mine Renewable Energy Grant Fund.
The Fund shall be established on the books of the Comptroller. All funds
appropriated for such purpose and any gifts, donations, grants, bequests, and
other funds received on its behalf shall be paid into the state treasury and
credited to the Fund. Interest earned on moneys in the Fund shall remain in the
Fund and be credited to it. Any moneys remaining in the Fund, including interest
thereon, at the end of each fiscal year shall not revert to the general fund but
shall remain in the Fund. Moneys in the Fund shall be used solely for the
purposes of (i) awarding grants on a competitive basis through the Virginia
Brownfield and Coal Mine Renewable Energy Grant Program established pursuant to
subsection C or (ii) implementing and administering the Virginia Brownfield and
Coal Mine Renewable Energy Grant Fund and Program. Moneys used for implementing
and administering the Fund and Program shall be limited to 10 percent of the
amount available in the Fund each year. Expenditures and disbursements from the
Fund shall be made by the State Treasurer on warrants issued by the Comptroller
upon written request signed by the Director.

C. The Virginia Brownfield and Coal Mine Renewable Energy Grant Program is
hereby established for the purpose of awarding grants on a competitive basis
from such funds as may be available from the Fund to renewable energy projects
located on brownfields or previously coal mined lands. The Program shall be
administered by the Department. In administering the Program, the Department
shall consult with the Department of Environmental Quality and establish and
publish guidelines and criteria for grant awards, including guidelines and
criteria governing agreements between the Department and grant recipients
relating to the development of renewable energy projects on brownfields or
previously coal mined lands. The criteria for grant recipients shall include
requirements for project developers to hire local residents. The Department
shall oversee each grant awarded through the Program and ensure thorough annual
reporting on each such grant.

D. Grants shall be awarded in an amount of $500 per kilowatt of nameplate
capacity from renewable energy sources that are located on previously coal mined
lands and $100 per kilowatt of nameplate capacity from renewable energy sources
that are located on brownfields. No more than $10 million shall be awarded to
any single previously coal mined lands project and no more than $5 million shall
be awarded to any single brownfield project that is not located on previously
coal mined lands. If a project is eligible to receive a grant as a previously
coal mined lands project, it shall not be eligible to receive a grant as a
brownfields project, and vice versa.
			No more than $35 million per year shall be allocated by the Program. Of this
amount, $20 million shall be reserved for projects sited on previously coal
mined lands. However, if less than $20 million is distributed to previously coal
mined lands projects in a given year, any remaining funds may be reallocated to
brownfield projects.

E. The Department shall, in consultation with the Department of Environmental
Quality, localities, interest groups, private businesses, and other
stakeholders, develop an online handbook for renewable energy and energy storage
development on brownfields and previously coal mined lands. The online handbook
shall include a discussion of coal mining permit types and reclamation
requirements, permitting requirements for development on brownfields and
previously coal mined lands, and policy recommendations for encouraging
renewable energy development on brownfields and coal mines. The handbook shall
be completed no later than July 1, 2022, and shall be updated as needed at the
discretion of the Department.

F. The Department shall submit an annual report to the General Assembly
regarding administration of the Fund and Program for the preceding fiscal year.
The report shall include the number of grants awarded, the number of acres
reclaimed or revitalized, the amount of nameplate capacity constructed, the
number of jobs created, and the general economic impact of the Fund and Program.
The report shall be furnished to the Chairmen of the House Committee on Labor
and Commerce and the Senate Committee on Commerce and Labor no later than
November 1 of each year. However, no annual report shall be required if the Fund
and Program do not receive funding.

HISTORY: 2021, Sp. Sess. I, c. 141, § 67-1800; 2024, cc. 1, 100.