                                 CODE OF VIRGINIA

 POWERS AND DUTIES OF THE DEPARTMENT (§ 45.2-2004)

A. The Department has jurisdiction and authority over all persons and property,
public and private, necessary to enforce the provisions of this chapter and has
the power and authority to make and enforce regulations and orders and do
whatever is reasonably necessary to carry out the provisions of this chapter.
Any regulations adopted by the Department pursuant to the provisions of this
chapter shall be adopted in compliance with the Administrative Process Act
(&#xA7; 2.2-4000 et seq.).

B. The Department shall:

   1. Consult with the Board in carrying out its powers and duties pursuant to
   the provisions of this chapter;

   2. Develop a comprehensive geothermal permitting system for the Commonwealth
   that provides for the exploration and development of geothermal resources;

   3. Adopt regulations necessary to provide for geothermal drilling and the
   exploration for and development of geothermal resources in the Commonwealth.
   Such regulations shall be based on a system of correlative rights;

   4. Establish minimum temperature levels and volumetric rates in order to
   determine Department jurisdiction over geothermal resource development. In
   establishing such temperature levels, the Department shall set (i) minimum
   temperature levels for permitting, well regulations, reservoir management, and
   allocation of geothermal resources and (ii) minimum volumetric rates for
   geothermal leasing, royalties, and severance taxes, as necessary. The
   Department shall review established temperature level and volumetric rate
   requirements biennially and revise the figures as necessary. Revision of
   temperature levels or volumetric rate requirements shall not occur more often
   than every two years, and such revision shall not operate retroactively; and

   5. Consult with the State Department of Health as necessary to protect potable
   waters of the Commonwealth and to carry out the powers and duties of the
   Department pursuant to the provisions of this chapter.

HISTORY: 1981, c. 506, § 45.1-179.7; 2021, Sp. Sess. I, c. 387.