HOUSE BILL NO. 1466 Offered January 15, 2008 A BILL to amend and reenact § 10.1-1186.2:1 of the Code of Virginia, relating to the environmental impact of renewable energy electric utilities. ---------- Patron-- Shannon ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 10.1-1186.2:1 of the Code of Virginia is amended and reenacted as follows:

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

A. The Department and the State Air Pollution Control Board have the authority to consider the cumulative impact of new and proposed electric generating facilities within the Commonwealth on attainment of the national ambient air quality standards.

B. The Department shall enter into a memorandum of agreement with the State Corporation Commission regarding the coordination of reviews of the environmental impacts of proposed electric generating facilities that must obtain certificates from the State Corporation Commission. The Department shall evaluate information provided by state agencies with expertise in natural resource management regarding the potential environmental impacts of any proposed electric generating facility that will produce renewable energy as defined in § 56-576. Following a review of the information provided, the Department shall coordinate the development of consensus recommendations to address the facility's potential adverse environmental impacts. The recommendations shall identify specific measures, including additional site studies, to mitigate or minimize the facility's potential adverse environmental impacts. Recommendations for additional site studies shall specify their scope and duration.

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