10.1-1186.2:1 - Impact of electric generating facilities - Virginia Statutes

§ 10.1-1186.2:1. Impact of electric generating facilities.

A. The Department and the State Air Pollution Control Board have theauthority to consider the cumulative impact of new and proposed electricgenerating facilities within the Commonwealth on attainment of the nationalambient air quality standards.

B. The Department shall enter into a memorandum of agreement with the StateCorporation Commission regarding the coordination of reviews of theenvironmental impacts of proposed electric generating facilities that mustobtain certificates from the State Corporation Commission. When consideringthe environmental impact of any renewable energy (defined in § 56-576)electrical utility facility, the Department shall consult with interestedagencies of the Commonwealth that have expertise in natural resourcemanagement. The Department shall submit recommendations to the StateCorporation Commission that take into account the information and commentssubmitted by such natural resource agencies concerning the potentialenvironmental impacts of the proposed electric generating facility. TheDepartment's recommendations shall include: (i) specific mitigation measuresconsidered necessary to minimize adverse environmental impacts; (ii) anyadditional site-specific studies considered to be necessary; and (iii) thescope and duration of any such studies. Nothing in this subsection shallalter or affect the Rules of Practice and Procedure of the State CorporationCommission.

C. Prior to the close of the Commission's record on an application forcertification of an electric generating facility pursuant to § 56-580, theDepartment shall provide to the State Corporation Commission a list of allenvironmental permits and approvals that are required for the proposedelectric generating facility and shall specify any environmental issues,identified during the review process, that are not governed by those permitsor approvals or are not within the authority of, and not considered by, theDepartment or other participating governmental entity in issuing such permitsor approvals. The Department may recommend to the Commission that theCommission's record remain open pending completion of any requiredenvironmental review, approval or permit proceeding. All agencies of theCommonwealth shall provide assistance to the Department, as requested by theDirector, in preparing the information required by this subsection.

(2002, c. 483; 2008, c. 528.)