SB1075: Environmental Quality, Department of; public comment.
Be it enacted by the General Assembly of Virginia:
1. That § 10.1-1307.01 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-1307.01. Further duties of Board; localities particularly affected.
After June 30, 1994, before A. Before promulgating
any a regulation under consideration, granting any a
variance to an existing regulation, or issuing any a permit for
the construction of a new major source or for a major modification to an
existing source, if the Board finds that there are localities is a
locality particularly affected by the regulation, variance, or
permit, the Board shall:
1. Publish, or require the applicant to publish, a notice in a
local paper of general circulation in the localities each locality
affected at least thirty 30 days prior to the close of any public
comment period. Such notice shall contain a statement of the estimated local
impact of the proposed action, which at a minimum shall provide information
regarding specific pollutants and the total quantity of each which
that may be emitted and shall list the type and quantity of any fuels to be
used.
2. Mail the notice to the chief elected official and chief
administrative officer of and the planning district commission for
those localities such locality.
Written comments shall be accepted by the Board for at least
fifteen 15 days after any hearing on the regulation, variance, or
permit, unless the Board votes to shorten the period.
For the purposes of this section, the term "locality
particularly affected" means any locality which bears any
identified disproportionate material air quality impact which would not be
experienced by other localities.
B. Before granting any variance to an existing regulation or issuing any permit for (i) a new fossil fuel-fired generating facility with a capacity of 500 megawatts or more, (ii) a major modification to an existing source that is a fossil fuel-fired generating facility with a capacity of 500 megawatts or more, (iii) a new fossil fuel-fired compressor station facility used to transport natural gas, or (iv) a major modification to an existing source that is a fossil fuel-fired compressor station facility used to transport natural gas, if the Board finds that there is a locality particularly affected by such variance or permit, the Board shall:
1. Require the applicant to publish a notice in at least one local paper of general circulation in any locality particularly affected at least 60 days prior to the close of any public comment period. Such notice shall (i) contain a statement of the estimated local impact of the proposed action; (ii) provide information regarding specific pollutants and the total quantity of each that may be emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv) advise the public how to request Board consideration or a public hearing; and (v) advise the public where to obtain information regarding the proposed action. The Department shall post such notice on the Department website and on a Department social media account.
2. Require the applicant to mail the notice to (i) the chief elected official of, chief administrative officer of, and planning district commission for each locality particularly affected; (ii) every public library and public school located within five miles of such facility; and (iii) the owner of each parcel of real property that is depicted as adjacent to the facility on the current real estate tax assessment maps of the locality.
Written comments shall be accepted by the Board for at least 30 days after any hearing on such variance or permit, unless the Board votes to shorten the period.
C. For the purposes of this section, the term "locality particularly affected" means any locality that bears any identified disproportionate material air quality impact that would not be experienced by other localities.
Be it enacted by the General Assembly of Virginia:
1. That § 10.1-1307.01 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-1307.01. Further duties of Board; localities particularly affected.
After June 30, 1994, before A. Before promulgating
any regulation under consideration, granting any variance to an existing
regulation, or issuing any permit for the construction of a new major source or
for a major modification to an existing source, if the Board finds that there
are localities is a locality particularly affected by the
regulation, variance, or permit, the Board shall:
1. Publish, or require the applicant to publish, a notice in a
local paper of general circulation in the localities locality
affected at least thirty 30 days prior to the close of any public
comment period. Such notice shall contain a statement of the estimated local
impact of the proposed action, which at a minimum shall provide information
regarding specific pollutants and the total quantity of each which
that may be emitted and shall list the type and quantity of any fuels to be
used.
2. Mail the notice to the chief elected official and chief
administrative officer and the planning district commission for those
localities such locality.
Written comments shall be accepted by the Board for at least
fifteen 15 days after any hearing on the regulation, variance, or
permit, unless the Board votes to shorten the period.
For the purposes of this section, the term "locality
particularly affected" means any locality which that bears
any identified disproportionate material air quality impact which
that would not be experienced by other localities.
B. After June 30, 2020, before promulgating any regulation under consideration, granting any variance to an existing regulation, or issuing any permit for a fossil fuel–fired generating facility with a capacity of 500 megawatts or more or for a major modification to an existing source that is a fossil fuel–fired generating facility with a capacity of 500 megawatts or more, if the Board finds that there is a locality particularly affected by such regulation, variance, or permit, the Board shall:
1. Publish, or require the applicant to publish, a notice on a Department social media account, on at least one additional social media account, and in at least one local paper of general circulation in any locality particularly affected at least 60 days prior to the close of any public comment period. Such notice shall (i) contain a statement of the estimated local impact of the proposed action; (ii) provide information regarding specific pollutants and the total quantity of each that may be emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv) advise the public how to request public hearings; and (v) advise the public where to obtain information regarding the proposed action.
2. Require the applicant to mail the notice to the chief elected official, chief administrative officer, and planning district commission for each locality particularly affected and to all public libraries located within five miles of the facility.
Written comments shall be accepted by the Board for at least 30 days after any hearing on such regulation, variance, or permit, unless the Board votes to shorten the period.
Be it enacted by the General Assembly of Virginia:
1. That §§ 10.1-1307.01 and 62.1-44.15:01 of the Code of Virginia are amended and reenacted as follows:
§ 10.1-1307.01. Further duties of Board; localities particularly affected.
After June 30, 1994, before promulgating any regulation under
consideration, granting any variance to an existing regulation, or issuing any
permit for the construction of a new major source or for a major modification
to an existing source, if the Board finds that there are for any
localities particularly affected by the regulation, variance or permit, the
Board shall:
1. Publish, or require the applicant to publish, a notice in a
local paper of general circulation in the localities affected at least
thirty 60 days prior to the close of any public comment period. Such
notice shall (i) contain a statement of the estimated local impact of
the proposed action, which at a minimum shall; (ii) provide
information regarding specific pollutants and the total quantity of each which
may be emitted and shall; (iii) list the type and,
quantity, and source of any fuels to be used; (iv) advise the public
how to request public hearings; and (v) advise the public where to obtain
information regarding the proposed action.
2. Mail the notice containing the information required by subdivision 1 at least 60 days prior to the close of any public comment period to (i) the chief elected official and chief administrative officer and the planning district commission for those localities and (ii) any institution serving the public in the localities, including any educational, religious, cultural, and recreational institution.
3. Post a copy of the notice containing the information required by subdivision 1 at least 60 days prior to the close of any public comment period on the website of the Department.
Written comments shall be accepted by the Board for at least
fifteen 30 days after any hearing on the regulation, variance, or
permit, unless the Board votes to shorten the period.
For the purposes of this section, the term "locality particularly affected" means any locality which bears any identified disproportionate material air quality impact which would not be experienced by other localities.
§ 62.1-44.15:01. Further duties of Board; localities particularly affected.
A. After June 30, 1994, before promulgating any regulation
under consideration or granting any variance to an existing regulation, or
issuing any permit, if the Board finds that there are for any localities
particularly affected by the regulation, variance or permit, the Board shall:
1. Publish, or require the applicant to publish, a notice in a
local paper of general circulation in the localities affected at least 30
60 days prior to the close of any public comment period. Such notice shall
(i) contain a statement of the estimated local impact of the proposed
action, which at a minimum shall; (ii) include information on the
specific pollutants involved and the total quantity of each that may be
discharged; (iii) advise the public how to request public hearings; and (iv)
advise the public where to obtain information regarding the proposed action.
2. Mail the notice containing the information required by subdivision 1 at least 60 days prior to the close of any public comment period to (i) the chief elected official and chief administrative officer and planning district commission for those localitie, and (ii) any institution serving the public in the localities, including any educational, religious, cultural, and recreational institution.
3. Post a copy of the notice containing the information required by subdivision 1 at least 60 days prior to the close of any public comment period on the website of the Department.
Written comments shall be accepted by the Board for at least
15 30 days after any hearing on the regulation, variance or permit,
unless the Board votes to shorten the period.
For the purposes of this section, the term "locality particularly affected" means any locality that bears any identified disproportionate material water quality impact that would not be experienced by other localities.
B. On or after January 1, 2007, the Board shall ensure that all wetland inventory maps that identify the location of wetlands in the Commonwealth and that are maintained by the Board be made readily available to the public. The Board shall notify the circuit court clerk's office and other appropriate officials in each locality of the availability of the wetland inventory maps and request that the locality provide information in the location where the land records of the locality are maintained on the availability of the wetland inventory maps as well as the potential Virginia Water Protection Permit requirements.
[ 2. That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2020 by the General Assembly that becomes law. ]
Be it enacted by the General Assembly of Virginia:
1. That §§ 10.1-1307.01 and 62.1-44.15:01 of the Code of Virginia are amended and reenacted as follows:
§ 10.1-1307.01. Further duties of Board; localities particularly affected.
After June 30, 1994, before promulgating any regulation under
consideration, granting any variance to an existing regulation, or issuing any
permit for the construction of a new major source or for a major modification
to an existing source, if the Board finds that there are for any
localities particularly affected by the regulation, variance or permit, the
Board shall:
1. Publish, or require the applicant to publish, a notice in a
local paper of general circulation in the localities affected at least
thirty 60 days prior to the close of any public comment period. Such
notice shall (i) contain a statement of the estimated local impact of
the proposed action, which at a minimum shall; (ii) provide
information regarding specific pollutants and the total quantity of each which
may be emitted and shall; (iii) list the type and,
quantity, and source of any fuels to be used; (iv) advise the public
how to request public hearings; and (v) advise the public where to obtain
information regarding the proposed action.
2. Mail the notice containing the information required by subdivision 1 at least 60 days prior to the close of any public comment period to (i) the chief elected official and chief administrative officer and the planning district commission for those localities and (ii) any institution serving the public in the localities, including any educational, religious, cultural, and recreational institution.
3. Post a copy of the notice containing the information required by subdivision 1 at least 60 days prior to the close of any public comment period on the website of the Department.
Written comments shall be accepted by the Board for at least
fifteen 30 days after any hearing on the regulation, variance, or
permit, unless the Board votes to shorten the period.
For the purposes of this section, the term "locality particularly affected" means any locality which bears any identified disproportionate material air quality impact which would not be experienced by other localities.
§ 62.1-44.15:01. Further duties of Board; localities particularly affected.
A. After June 30, 1994, before promulgating any regulation
under consideration or granting any variance to an existing regulation, or
issuing any permit, if the Board finds that there are for any
localities particularly affected by the regulation, variance or permit, the
Board shall:
1. Publish, or require the applicant to publish, a notice in a
local paper of general circulation in the localities affected at least 30
60 days prior to the close of any public comment period. Such notice shall
(i) contain a statement of the estimated local impact of the proposed
action, which at a minimum shall; (ii) include information on the
specific pollutants involved and the total quantity of each that may be
discharged; (iii) advise the public how to request public hearings; and (iv)
advise the public where to obtain information regarding the proposed action.
2. Mail the notice containing the information required by subdivision 1 at least 60 days prior to the close of any public comment period to (i) the chief elected official and chief administrative officer and planning district commission for those localitie, and (ii) any institution serving the public in the localities, including any educational, religious, cultural, and recreational institution.
3. Post a copy of the notice containing the information required by subdivision 1 at least 60 days prior to the close of any public comment period on the website of the Department.
Written comments shall be accepted by the Board for at least
15 30 days after any hearing on the regulation, variance or permit,
unless the Board votes to shorten the period.
For the purposes of this section, the term "locality particularly affected" means any locality that bears any identified disproportionate material water quality impact that would not be experienced by other localities.
B. On or after January 1, 2007, the Board shall ensure that all wetland inventory maps that identify the location of wetlands in the Commonwealth and that are maintained by the Board be made readily available to the public. The Board shall notify the circuit court clerk's office and other appropriate officials in each locality of the availability of the wetland inventory maps and request that the locality provide information in the location where the land records of the locality are maintained on the availability of the wetland inventory maps as well as the potential Virginia Water Protection Permit requirements.
SENATE BILL NO. 1075
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 10.1-1186.6 as follows:
§ 10.1-1186.6. Public participation and comment.
For any nonemergency, nonexempt regulatory action, the Department shall, for at least 60 days, afford interested persons an opportunity to (i) submit data, views, and arguments, either orally or in writing, to the Department and (ii) be accompanied by and represented by counsel or other representative.