Va. Code Ann. § 45.2-762 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-762
Mantrip loading and unloading areas
Status: in_force

A. Any area used regularly for loading or unloading mantrips shall be kept clear and free of obstructions and have ample clearance for moving equipment. Each miner shall remain in such area until the mantrip is ready to load.

B. Trolley and power wires shall be guarded effectively at any area where persons regularly load or unload from mantrips or cages and where there is a possibility that a person could come into contact with energized electric wiring while boarding or disembarking the mantrip or cage.

Code 1950, § 45-69.2; 1954, c. 191; 1966, c. 594, § 45.1-74; 1985, c. 296; 1994, c. 28 , § 45.1-161.151; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-831 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-831
Notice of hazardous conditions
Status: in_force

The mine foreman shall give prompt attention to the removal of each hazardous condition reported to him by any person working in the mine. If it is impracticable to remove a hazardous condition at once, the mine foreman shall notify every person whose safety is threatened by such hazardous condition to remain away from the portion of the mine where the hazardous condition exists.

Code 1950, §§ 45-35, 45-40; 1954, c. 191; 1966, c. 594, § 45.1-17; 1978, c. 729; 1993, c. 170; 1994, c. 28 , § 45.1-161.214; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1121 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 3 / Section 45.2-1121
Reexamination
Status: in_force

The holder of a certificate revoked pursuant to § 45.2-1120 is entitled to examination by the Department after a period of three months has elapsed from the date of revocation of the certificate if he can prove to the satisfaction of the Department that the cause for revocation of his certificate has ceased to exist.

1997, c. 390 , § 45.1-161.292:27; 2012, cc. 803 , 835 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-712 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 4 / Section 45.2-712
Copies of plan
Status: in_force

The operator or his agent shall, upon request, furnish a copy of the roof control plan to any miner engaged in removing or installing a temporary or permanent roof support.

Code 1950, § 45-68.2; 1954, c. 191; 1966, c. 594, § 45.1-40; 1975, c. 520; 1978, c. 729; 1984, c. 590; 1994, c. 28 , § 45.1-161.111; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-614 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 3 / Section 45.2-614
Expense of acquiring and operating coal property; funds derived from operation
Status: in_force

The expense of acquiring and operating any property acquired under this article shall be paid out of moneys transferred from the general fund that are not otherwise appropriated. Such transfer shall be made upon such authorization as the Governor prescribes and shall be credited to the account of the Commission, and all funds and revenues derived from or received as a result of such operations shall be paid into the state treasury and credited to the same account. Any amount transferred upon authorization of the Governor from the general fund shall be designated as the "Capital Account" of the Commission. Such amount, or the residue thereof, together with any surplus that accrues, shall be returned to the general fund in the event of liquidation or, in the absence of liquidation, in such installments and at such times as the Governor prescribes.

Code 1950, § 45-152; 1950, p. 32; 1966, c. 594, § 45.1-152; 1994, c. 28 , § 45.1-161.321; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-802 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 1 / Section 45.2-802
Hydraulic hoses
Status: in_force

Every hydraulic hose used on equipment purchased after January 1, 1986, shall be clearly stamped or labeled by the hydraulic hose manufacturer to indicate the manufacturer's rated pressure in pounds per square inch (psi) Every hose purchased after January 1, 1989, shall have the rated pressure permanently affixed on the outer surface of the hose and repeated at least every two feet. Every hose purchased and installed on an automatic displacement hydraulic system shall either (i) have a four-to-one safety factor based on the ratio between minimum burst pressure and the setting of the hydraulic unloading system, such as a relief valve, or (ii) meet the minimum hose pressure requirements set by the hydraulic equipment manufacturer per the applicable hose standards for each type of equipment. No hydraulic hose shall be used in an application where the hydraulic unloading system is set higher than the hose's rated pressure.

1985, c. 612, § 45.1-88.1; 1988, c. 301; 1994, c. 28 , § 45.1-161.125; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-563 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 7 / Section 45.2-563
Scheduling of mine inspections
Status: in_force

A. The Chief and the Director shall schedule the inspections of mines under this article, to the extent deemed reasonable and prudent, in order to reduce their chronological proximity to inspections conducted by MSHA.

B. The Chief, the Director, and each mine inspector, to the extent deemed reasonable and prudent, shall schedule mine inspections to commence at a variety of hours of the day and days of the week, including evening and night shifts, weekends, and holidays.

1994, c. 28 , § 45.1-161.85; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-744 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-744
Haulage roads
Status: in_force

A. The roadbed, rails, joints, switches, frogs, and other elements of the track of each haulage road shall be constructed, installed, and maintained in a manner that ensures the safe operation of the haulage road. In determining its safety, consideration shall be given to the speed of equipment and the type of haulage operations conducted on the haulage road.

B. Haulage tracks shall be kept free of accumulations of coal spillage and debris, and water shall not be allowed to accumulate over the top of the rail.

C. Every off-track haulage equipment operator shall observe the haulage road for hazardous conditions during the course of travel and shall promptly correct or report to the mine foreman any hazardous condition observed.

D. Each off-track haulage road shall be maintained reasonably free of bottom irregularities, excess spillage, debris, wet or muddy conditions that make controlling off-track haulage equipment difficult, and any accumulation of water over such an area of the haulage road and in such a depth as to allow water to enter an electrical panel and create a potentially hazardous condition.

E. No uninsulated trolley lines shall be used or installed in any underground coal mine without approval of the Chief.

Code 1950, § 45-69.4; 1954, c. 191; 1966, c. 594, § 45.1-70; 1994, c. 28 , § 45.1-161.133; 1996, c. 774 ; 1999, c. 256 ; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-200 — Virginia Code / Title 45.2 / Subtitle I / Chapter 2 / Section 45.2-200
Governor authorized to execute Interstate Mining Compact
Status: in_force

The Governor is hereby authorized to execute, on behalf of the Commonwealth, a compact that is in form substantially as provided in § 45.2-201 .

2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1625 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 2 / Section 45.2-1625
Appeals of the Director's decisions; notices; hearings and orders
Status: in_force

A. With the exception of an aggrieved permit applicant, no person shall have standing to appeal a decision of the Director to the Board concerning a new permit application unless such person has previously filed an objection with the Director pursuant to the provisions of § 45.2-1637 .

B. When a person applies for a hearing to appeal a decision of the Director to the Board, the Board shall, at least 20 days prior to the hearing, give notice by certified mail, return receipt requested, to the person making the appeal and, if different, to the gas or oil operator subject to the appeal.

C. Upon submittal of the petition for appeal of a decision of the Director to the Board, the Director shall forward to the Board (i) the permit application or order and associated documents; (ii) all required notices; and (iii) the written objections, proposals, and claims recorded during the informal fact-finding hearing.

D. In any appeal involving a permit for a new well that was objected to (i) pursuant to the provisions of § 45.2-1611 or 45.2-1612 or (ii) by a gas storage field operator who asserts that the proposed well work will adversely affect the operation of a gas storage field certificated by the State Corporation Commission, the filing of a petition for appeal shall stay any permit until the case is decided by the Board or the stay is dissolved by a court of record. However, in an appeal by a gas storage field operator, such automatic stay shall not apply to any oil, gas, or coalbed methane well completed more than 100 feet above the cap rock above the storage stratum. In any other appeal, the Director may order the permit or other decision stayed for good cause shown until the case is decided by the Board or the stay is dissolved by a court of record. An appeal based on an alleged risk of danger to any person not engaged in the gas or oil operations shall be prima facie proof of good cause for a stay.

E. The Board shall conduct all hearings under this section in accordance with the formal litigated issues hearing provisions of Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act. However, any person to whom notice is required to be given pursuant to subsection B shall have standing to be heard at the hearing. The Board shall render its decision on such appeals within 30 days of the hearing's closing date and shall provide notification of its decision to all parties pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

1990, c. 92, § 45.1-361.23; 1997, c. 759 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-758 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-758
Operation of equipment
Status: in_force

A. Every operator of self-propelled mobile haulage equipment shall face in the direction of travel except when the equipment is being loaded and is under the boom of the loading equipment.

B. Every track haulage car that requires coupling and uncoupling shall be equipped with automatic couplers or devices designed to allow coupling and uncoupling without exposing miners between such equipment. Specialty cars designed with safe clearance when connecting to other cars are excluded from the provisions of this subsection.

C. Every person operating self-propelled haulage equipment shall sound a warning before starting such equipment and on approaching any curve, sidetrack, door, curtain, manway crossing, or other place where a miner is or is likely to be.

D. All rail equipment shall be operated at speeds that are safe for the condition of any rail installation, grade, or clearance encountered. When rail equipment is being operated at a normal safe speed, a distance of 300 feet shall be maintained from the rear of other rail equipment in operation, except for a trailing locomotive that is an integral part of the trip.

E. All persons shall stand in the clear during any switching operation.

F. No two pieces of self-propelled mobile mining equipment traveling in opposite directions inside a coal mine shall be allowed to pass each other while both are in motion on the same haulage road unless a distance of at least two feet is maintained between the vehicles.

Code 1950, § 45-69.1; 1954, c. 191; 1966, c. 594, § 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28 , § 45.1-161.147; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-829 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-829
Examinations of fans
Status: in_force

A. An authorized person shall conduct a daily inspection of each main fan and of the machinery connected with such fan. The person making the examination shall record such examination in a book prescribed for this purpose or by other adequate means provided to permanently record the performance of the main fan and to give warning of an interruption to a fan. No such daily examination is required on any day in which no person goes underground, except that the examination shall be completed prior to any person entering the mine if no examination was made on the previous day.

B. Any place ventilated by means of a blower fan shall be examined for methane by a certified person before the fan is started at the beginning of the shift and after any interruption of fan operation that lasts for five minutes or more during the shift.

C. Each blower fan and its tubing shall be inspected at least twice during each working shift by a certified person.

Code 1950, §§ 45-60.1, 45-60.2; 1954, c. 191; 1966, c. 594, §§ 45.1-54, 45.1-55; 1978, c. 120; 1988, c. 597; 1993, c. 442; 1994, c. 28 , § 45.1-161.211; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1154 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 7 / Section 45.2-1154
Duties of operator
Status: in_force

A. Each operator of a mine, or his agent, shall furnish to the Director and each mine inspector proper facilities for entering such mine and making examinations or obtaining information and shall furnish any data or information not of a confidential nature requested by such inspector.

B. Each operator of an underground mine, or his agent, shall provide each mine inspector adequate means for transportation to the active working areas of the mine within a reasonable time following the mine inspector's arrival at the mine.

C. Such operator or agent shall, when ordered to do so by a mine inspector during the course of an inspection, promptly clear the mine or section thereof of all persons.

1997, c. 390 , § 45.1-161.292:60; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1208 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1208
Bond of operator
Status: in_force

Each operator at the time of filing his application shall furnish bond on a form that is prescribed by the Director. Such bond shall be payable to the Department and conditioned on the faithful performance by the operator of all requirements of this chapter and the operations plan as approved and directed by the Department. The amount of bond shall be $3,000 per acre, based upon the number of acres of land that the operator estimates will be affected by mining operations during the next year. Such bond shall be executed by the operator and by a corporate surety licensed to do business in the Commonwealth. However, in lieu of such bond the operator may deposit cash or collateral security acceptable to the Director.

1968, c. 734, § 45.1-183; 1970, c. 245; 1972, c. 206; 1974, c. 312; 1977, c. 312; 2017, c. 4 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1001 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 1 / Section 45.2-1001
Limitations of chapter
Status: in_force

Nothing in this chapter is intended or shall be construed to limit, impair, abridge, create, enlarge, or otherwise affect, substantially or procedurally, the rights of any person in any dispute involving property rights, including interests in water resources, or the right of any person to seek damages or other relief on account of injury to persons or property, including interests in water resources, and to maintain any action or other appropriate proceeding therefor, except as is otherwise specifically provided in this chapter. Nothing in this chapter is intended or shall be construed to affect the powers of the Commonwealth to initiate, prosecute, or maintain actions to abate public nuisances.

1979, c. 290, § 45.1-228; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2119 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 3 / Section 45.2-2119
Civil penalty
Status: in_force

A. Any person who violates any provision of this article, or who fails, neglects, or refuses to comply with any regulation adopted by the Director or final order of a court lawfully issued, shall be subject to a civil penalty not to exceed $10,000 for each violation. Each day of violation shall constitute a separate offense. All civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Minerals Reclamation Fund pursuant to § 45.2-1234 .

B. The Director may restrain violations of this article in accordance with the provisions of § 45.2-1608 .

1982, c. 269, § 45.1-282; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-108 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 2 / Section 45.2-108
General powers and duties of State Geologist
Status: in_force

The State Geologist shall exercise those powers and perform those duties, in relation to mineral resources, geology, and geophysical matters, that are conferred or imposed upon the Director by the provisions of this title, including powers and duties delegated to him by the Director. The State Geologist may also exercise and perform such other powers and duties as are lawfully delegated to him and such powers and duties as are conferred or imposed upon him by law.

1984, c. 590, § 45.1-384; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-530 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-530
General coal miner certification
Status: in_force

A. Every person working in a coal mine in the Commonwealth shall hold a general coal miner certificate issued by the Board of Coal Mining Examiners. The Board of Coal Mining Examiners shall issue a general coal miner certificate upon submittal of a complete application.

B. Each applicant for a general coal miner certificate who has not been employed to work in a Virginia coal mine prior to January 1, 1996, shall prove to the Board that he has knowledge of first aid practices and has a general working knowledge of the provisions of the Act, and applicable regulations, pertaining to coal mining health and safety. Each applicant shall have completed the miner training requirements of 30 C.F.R. Part 48 or submit proof of at least one year of experience in a coal mine prior to issuance of the general coal miner certificate.

1994, c. 28 , § 45.1-161.37; 2005, c. 3 ; 2007, cc. 894 , 914 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-814 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 2 / Section 45.2-814
Inspection of electrical equipment and wiring; checking and testing methane monitors
Status: in_force

A. Electrical equipment and wiring shall be inspected by a certified person at least weekly if it is located underground and at least monthly if it is located on the surface. Such equipment and wiring shall be inspected more often if doing so is necessary to ensure safe operating conditions. Any hazardous condition that is found shall be promptly corrected or the equipment or wiring shall be removed from service. Records of such inspections shall be maintained at the mine for a period of one year.

B. A functional check of methane monitors on electrical face equipment shall be conducted to determine whether such monitors are de-energizing the electrical face equipment properly. Such check shall be (i) made on each production shift, (ii) conducted by the equipment operator in the presence of a mine foreman, and (iii) recorded in the on-shift report of the mine foreman.

C. To determine the accuracy and operation of methane monitors on electrical face equipment, weekly calibration tests of such monitors shall be conducted with a known mixture of methane at the flow rate recommended by the methane monitor manufacturer. A record of the results shall be maintained.

D. Required methane monitors shall be maintained in permissible and proper operating condition.

1966, c. 594, § 45.1-85; 1978, c. 118; 1993, c. 442; 1994, c. 28 , § 45.1-161.195; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1648 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 5 / Section 45.2-1648
Operator's right to sample water
Status: in_force

An operator may enter upon surface land at reasonable times and in a reasonable manner to obtain samples of water from any water well that is (i) located within 1,320 feet of a proposed or existing gas well and (ii) actually being utilized by the surface owner or occupant for domestic use. If the surface owner or occupant refuses to allow the operator to sample or causes the operator to be prevented from sampling any such water well, the operator shall promptly notify the Department of such refusal or prevention. The Department shall maintain a record of such notifications. In the event of such a refusal or prevention, the surface owner shall not be entitled to the remedies set forth in § 45.2-1649 .

1998, c. 227 , § 45.1-361.43; 2009, c. 293 ; 2017, c. 17 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1108 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 2 / Section 45.2-1108
Affiliations of Department personnel with labor union, mining company, etc.; interest in mine; inspections of mines where inspector previously employed
Status: in_force

A. Neither the Director nor any other officer or employee of the Department shall, upon taking office or being employed, or at any other time during the term of his office or employment, have any affiliation with any operating company, operators' association, or labor union or fail to comply with the provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.). Neither the Director nor any other officer while in office shall be directly or indirectly interested as owner, partner, proprietor, lessor, operator, superintendent, or engineer of any mine, nor shall the Director or any other officer while in office own any stock in a corporation that owns a mine either directly or through a subsidiary.

B. Neither the Director nor any mine inspector shall perform an inspection at any mine at which he was last employed for a period of two years following termination of his employment.

1997, c. 390 , § 45.1-161.292:9; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-757 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-757
Back-poling
Status: in_force

Back-poling shall be prohibited except (i) at a place where the trolley pole cannot be reversed or (ii) when going up an extremely steep grade. In such circumstances, back-poling shall occur only at very slow speed.

Code 1950, § 45-69.1; 1954, c. 191; 1966, c. 594, § 45.1-73; 1979, c. 315; 1983, c. 70; 1985, c. 302; 1994, c. 28 , § 45.1-161.146; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1137 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 5 / Section 45.2-1137
Qualification for team membership; direction of teams
Status: in_force

A. To qualify for membership in a mine rescue team, an applicant shall (i) be an experienced miner; (ii) be 50 years of age or younger; and (iii) pass a physical examination by a licensed physician, licensed physician assistant, or licensed advanced practice registered nurse at least annually. A record that such examination was taken shall be kept on file by the operator who employs the team member and a copy shall be furnished to the Director.

B. All rescue or recovery work performed by any mine rescue team shall be under the jurisdiction of the Department. The Department shall consult with company officials, representatives of MSHA, and representatives of the miners, and all shall be in agreement as far as possible on the proper procedure for rescue and recovery; however, the Director in his discretion may take full responsibility in directing such work. In every instance, procedures shall be guided by the mine rescue apparatus and auxiliary equipment manuals.

1997, c. 390 , § 45.1-161.292:43; 2004, c. 855 ; 2006, c. 396 ; 2021, Sp. Sess. I, c. 387 ; 2023, c. 183 .
Va. Code Ann. § 45.2-552 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 5 / Section 45.2-552
Mine Rescue Fund
Status: in_force

The Mine Rescue Fund, referred to in this section as "the Fund," is hereby created as a special nonreverting fund in the state treasury. The Fund shall be established on the books of the Comptroller. All moneys collected from operators pursuant to agreements entered into by the Director shall be paid into the state treasury and credited to the Fund. Moneys in the Fund shall be used only for mine rescue services under such agreements. 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.

1985, c. 496, § 45.1-33.5:2; 1994, c. 28 , § 45.1-161.74; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-117 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 3 / Section 45.2-117
Bank lending practices; consumer protection
Status: in_force

A. In determining the projects in which the Bank will participate, the Bank shall give preference to projects that (i) maximize the creation of high-quality employment and apprenticeship opportunities for local workers, consistent with the public interest, especially workers from historically economically disadvantaged communities, and Virginia communities hosting retired or retiring electric generation facilities, including workers previously employed at retiring facilities, and (ii) utilize energy technologies produced domestically that received an advanced manufacturing tax credit under § 45X of the Internal Revenue Code, as allowed under the federal Inflation Reduction Act of 2022, P.L. 117-169.

B. The Bank shall require, for all projects for which the Bank provides financing, that (i) the participants meet the Bank's underwriting criteria and (ii) any loan made to a homeowner for a project on the homeowner's residence complies with all applicable state and federal consumer lending laws.

2026, cc. 1125 , 1126 .
Va. Code Ann. § 45.2-1813 — Virginia Code / Title 45.2 / Subtitle V / Chapter 18 / Article 2 / Section 45.2-1813
Federal loan guarantees
Status: in_force

A. The Authority, on behalf of the Commonwealth, may apply to the U.S. Department of Energy for federal loan guarantees authorized or made available pursuant to Title XVII of the federal Energy Policy Act of 2005, P.L. 109-58; the federal American Recovery and Reinvestment Act of 2009, P.L. 111-5; or other similar federal legislation to facilitate the development of offshore wind energy projects.

B. Upon obtaining a federal loan guarantee for an offshore wind energy project pursuant to subsection A, the Authority, subject to any restrictions imposed by federal law, may allocate or assign all or any portion thereof to a qualified third party on terms and conditions the Authority finds appropriate. Any action of the Authority relating to the allocation and assignment of such loan guarantee shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) pursuant to subdivision B 4 of § 2.2-4002 . Any decision of the Authority pursuant to this section shall be final and not subject to review or appeal.

2010, cc. 507 , 681 , § 67-1205; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2006 — Virginia Code / Title 45.2 / Subtitle V / Chapter 20 / Article 2 / Section 45.2-2006
Cancellation or suspension of permit
Status: in_force

If the Department determines, after a public hearing held in conjunction with the Board, that a holder of a permit issued pursuant to the provisions of this chapter has willfully violated any provision of such permit or any provision of this chapter, the Department may cancel or suspend such permit for cause or impose limitations on the future use thereof in order to prevent future violations.

1981, c. 506, § 45.1-179.9; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-833 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-833
Main fans
Status: in_force

A. The active workings of a mine shall be ventilated by means of main fans.

B. Unless otherwise approved by the Chief, each fan shall be (i) provided with pressure-recording gauges, (ii) installed on the surface in a fireproof housing, and (iii) equipped with fireproof air ducts.

C. In addition to the requirements of subsection B, each main fan shall either:

1. Be equipped with ample means of pressure relief and be offset not less than 15 feet from the nearest side of the mine opening; or

2. Be directly in front of, or over, the mine opening; however, such opening shall not be in direct line with forces coming out of the mine if an explosion were to occur. There shall be another opening, equipped with a weak-wall stopping or with explosion doors, that is located not less than 15 feet or more than 100 feet from the fan opening and in direct line with the forces coming out of the mine if an explosion were to occur; and

3. In a mine ventilated by multiple main mine fans, incombustible doors shall be installed so that if any main mine fan stops and air reversals through the fan are possible, the doors on the affected fan automatically close.

D. Each main mine fan shall be provided with an automatic device to give alarm when the fan slows down or stops. Unless otherwise approved by the Chief, such device shall be placed so that it will be seen or heard by an authorized person.

E. Each main fan shall be on a separate power circuit, independent of the mine circuit.

F. The area surrounding a main fan installation shall be kept free of combustible material for at least 100 feet in every direction where physical conditions permit.

G. Each mine fan shall be operated continuously except when no miner is underground and such mine fan is intentionally stopped for necessary testing, adjustment, maintenance, or repairs, or as otherwise approved by the Chief. If the main fan is intentionally stopped for testing, adjustment, maintenance, or repairs, the mine operator shall comply with the requirements set forth in the approved fan stoppage plan for that mine. If the main fan is stopped after all miners are out of the mine, the fan shall be operated for a period specified in the approved fan stoppage plan for that mine, prepared pursuant to § 45.2-834 , before any miner is allowed underground.

H. Where electric power is available, no main mine fan shall be powered by means of an internal combustion engine. However, if electric power is not available or the fan is employed for emergency use, a main mine fan may be powered with an internal combustion engine. Unless otherwise approved by the Chief, such fan shall be operated exhausting and the engine operating such fan shall be offset at least 10 feet from the fan and housed in a separate fireproof structure.

Code 1950, § 45-60.1; 1954, c. 191; 1966, c. 594, § 45.1-54; 1978, c. 120; 1988, c. 597; 1993, c. 442; 1994, c. 28 , § 45.1-161.216; 1996, c. 774 ; 2005, c. 3 ; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1712 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 4 / Section 45.2-1712
Annual reporting by investor-owned public utilities
Status: in_force

Each investor-owned public utility providing electric service in the Commonwealth shall prepare an annual report disclosing its efforts to conserve energy, including (i) its implementation of customer demand-side management programs and (ii) efforts by the utility to improve efficiency and conserve energy in its internal operations pursuant to § 56-235.1 . The utility shall submit each annual report to the Division and the Energy Commission of Virginia by November 1 of each year, and the Division shall compile the reports of the utilities and submit the compilation to the Governor and the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.

2008, c. 651 , § 67-202.1; 2021, Sp. Sess. I, c. 387 ; 2023, cc. 753 , 793 ; 2026, c. 949 .
Va. Code Ann. § 45.2-776 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 9 / Section 45.2-776
Ground control
Status: in_force

The provisions of Article 11 (§ 45.2-934 ) of Chapter 9 shall apply with respect to any pit, highwall, wall, bank, or bench associated with any coal mining activity conducted at any surface area of an underground coal mine.

1994, c. 28 , § 45.1-161.248; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-818 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 3 / Section 45.2-818
Firefighting equipment; fire prevention
Status: in_force

A. Each mine shall be provided with suitable firefighting equipment that is adequate for the size of the mine.

B. The following equipment, at a minimum, shall be immediately available at each mine:

1. A water car filled with water and provided with hose and pump, or waterlines and necessary hoses;

2. At least three 20-pound dry chemical fire extinguishers;

3. Ten 50-pound bags of rock dust, which shall be made available at doors or other strategic places;

4. Bolt cutters that can be used to cut trolley wire in an emergency;

5. One pair of rubber gloves that shall be used with each pair of bolt cutters when cutting trolley wire;

6. Two sledge hammers; and

7. Five hundred square feet of brattice cloth, nails, and a hammer.

C. Clean, dry sand, rock dust, or fire extinguishers that are suitable from a toxic and shock standpoint shall be placed at each electrical station, including each substation, transformer station, and permanent pump station, so as to be out of the smoke in case of a fire in the station.

D. Suitable fire extinguishers shall be provided at each (i) electrical station, including each substation, transformer station, and permanent pump station; (ii) piece of self-propelled mobile equipment; (iii) belt head and at the inby end of each belt; (iv) area used for the storage of flammable materials; (v) fueling station; and (vi) any other area that may constitute a fire hazard, so as to be on the fresh air side in case of a fire.

E. All firefighting equipment and each fire sensor system shall be maintained in a usable and operative condition. Each chemical extinguisher shall be examined every six months and the date of the examination shall be indicated on a tag attached to each extinguisher.

F. A sufficient number of approved one-hour, self-contained, self-rescuers shall be readily available, not more than 100 feet away, for the persons involved in the moving or transporting of any piece of off-track mining equipment.

Code 1950, § 45-14.1; 1954, c. 191; 1966, c. 594, § 45.1-89; 1974, c. 323; 1978, c. 118; 1984, c. 590; 1985, c. 500; 1994, c. 28 , § 45.1-161.200; 1996, c. 774 ; 2005, c. 3 ; 2015, cc. 103 , 397 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1165 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 9 / Section 45.2-1165
Training programs
Status: in_force

A. The Department may administer training programs for the purpose of (i) assisting with the provision of selected requirements of the federal mine safety law and (ii) preparing miners for examinations administered by the Department. The Director shall establish the curriculum and teaching materials for each training program, which shall be consistent with the requirements of the federal mine safety law where feasible.

B. The Department is authorized to charge each person attending a training program reasonable fees to cover the costs of administering the program. The Director may exempt certain persons from any required fees for refresher training programs based on the person's employment status or any other criteria the Director deems appropriate. The Director shall not be required to allocate more of the Department's resources to training programs than are appropriated or otherwise made available for such purpose or are collected from fees charged to attendees.

C. No miner, operator, or other person shall be required to participate in any training program established under this section. Nothing contained in this section shall prevent an operator or any other person from administering a state-approved training program.

1997, c. 390 , § 45.1-161.292:71; 1998, c. 695 ; 2012, cc. 803 , 835 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1806 — Virginia Code / Title 45.2 / Subtitle V / Chapter 18 / Article 2 / Section 45.2-1806
Powers and duties of the Authority
Status: in_force

In addition to the other powers and duties established under this article, the Authority has the power and duty to:

1. Adopt, use, and alter at will an official seal;

2. Make bylaws for the management and regulation of its affairs;

3. Maintain an office at any place within the Commonwealth it designates;

4. Accept, hold, and administer moneys, grants, securities, or other property transferred, given, or bequeathed to the Authority, absolutely or in trust, from any source, public or private, for the purposes for which the Authority is established;

5. Make and execute contracts and all other instruments and agreements necessary or convenient for the exercise of its powers and functions;

6. Employ, in its discretion, consultants, attorneys, architects, engineers, accountants, financial experts, investment bankers, superintendents, managers, and any other employees and agents necessary, and fix their compensation to be payable from funds made available to the Authority;

7. Invest its funds as permitted by applicable law;

8. Receive and accept from any federal or private agency, foundation, corporation, association, or person grants, donations of money, or real or personal property for the benefit of the Authority, and receive and accept from the Commonwealth or any other state, from any municipality, county, or other political subdivision thereof, or from any other source, aid or contributions of either money, property, or other things of value, to be held, used, and applied for the purposes for which such grants and contributions may be made;

9. Enter into agreements with any department, agency, or instrumentality of the United States or of the Commonwealth and with lenders and enter into loans with contracting parties for the purpose of planning, regulating, and providing for the financing or assisting in the financing of any project;

10. Do any lawful act necessary or appropriate to carry out the powers granted or reasonably implied in this article;

11. Identify and take steps to mitigate existing state and regulatory or administrative barriers to the development of the offshore wind energy industry, including facilitating any permitting processes; and

12. Enter into interstate partnerships to develop the offshore wind energy industry and offshore wind energy projects.

2010, cc. 507 , 681 , § 67-1207; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-562 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 7 / Section 45.2-562
Advance notice of inspections; confidentiality of trade secrets
Status: in_force

A. No person shall give advance notice of any mine inspection conducted under the provisions of this title without authorization from the Chief or the Director.

B. All information reported to or otherwise obtained by the Chief or the Director or his authorized representative in connection with any inspection or proceeding under this title that contains or might reveal a trade secret referred to in 18 U.S.C. § 1905 shall be considered confidential for the purpose of that section, except that such information may be disclosed to the Chief or the Director or his authorized representative concerned with carrying out any provisions of this title or any proceeding hereunder. In any such proceeding, the court, the Chief, or the Director shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.

1973, c. 425, § 40.1-51.3:1; 1976, c. 607, § 40.1-51.4:1; 1994, c. 28 , § 45.1-161.84; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1901 — Virginia Code / Title 45.2 / Subtitle V / Chapter 19 / Article 2 / Section 45.2-1901
Expired
Status: in_force

Expired effective July 1, 2025, pursuant to 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2103 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 2 / Section 45.2-2103
Purposes; powers of Authority
Status: in_force

A. The Authority is established for the purposes of making the Commonwealth a national and global leader in nuclear energy and serving as an interdisciplinary study, research, and information resource for the Commonwealth on nuclear energy issues.

B. The Authority is granted all powers necessary or convenient for the carrying out of its statutory purposes, including the following rights, powers, and duties to:

1. Adopt, use, and alter at will a corporate seal;

2. Acquire, purchase, hold, use, lease, or otherwise dispose of property, real, personal, or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the Authority;

3. Adopt bylaws for the management and regulation of its affairs;

4. Develop and adopt a strategic plan for carrying out the purposes set out in this article;

5. Make and enter into any contract or agreement necessary or incidental to the performance of its duties, the furtherance of its purposes, and the execution of its powers under this article, including an agreement with any person or federal agency;

6. Consult with the General Assembly; federal, state, and local agencies; nonprofit organizations; private industry; and other potential developers and users of nuclear energy;

7. Promote and facilitate agreements among public and private institutions of higher education in the Commonwealth and other research entities to carry out research projects relating to nuclear energy;

8. Disseminate information and research results;

9. Identify and support, in cooperation with Virginia's nuclear entities and the public and private sectors, the development of education programs related to Virginia's nuclear industry;

10. Provide for the establishment of the Consortium by the Board as provided in § 45.2-2105 ;

11. Develop a policy regarding any interest in intellectual property acquired or developed by the Consortium;

12. In order to fund and support the activities of the Authority and the Consortium, apply for, solicit, and accept from any source, including any agency of the federal government, the Commonwealth, or any other state; any locality or other political subdivision; any member; or any private corporation or other entity, (i) grants, including grants made available pursuant to federal legislation; (ii) aid; or (iii) contributions of money, property, or other things of value, which shall be held, used, and applied for the purposes set out by this chapter;

13. Facilitate the collaboration of members toward obtaining grants and expending funds in accomplishing the purposes set out by this chapter;

14. Encourage, facilitate, and support the application, commercialization, and transfer of new nuclear energy technologies;

15. Provide public information and communication about nuclear energy and related educational and job opportunities;

16. Provide advice, assistance, and services to institutions of higher education and to other persons providing services or facilities for nuclear research or graduate education;

17. Foster innovative partnerships and relationships among the Commonwealth, the Commonwealth's public institutions of higher education, private companies, federal laboratories, and not-for-profit organizations to accomplish the purposes set out by this chapter; and

18. Do all acts and things necessary or convenient to carry out the powers granted to it by law.

2013, cc. 57 , 394 , § 67-1402; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-821 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 3 / Section 45.2-821
Reporting fires; response
Status: in_force

In case of any unplanned fire at a mine that is not extinguished within 30 minutes of discovery, the operator shall report the fire to the Chief by the quickest available means, giving all information known to the operator. The Chief, based on such information, shall promptly go in person or dispatch a mine inspector to the scene of the fire for consultation and assistance in the extinguishment of the fire and the protection of exposed persons. In the event of a difference of opinion as to measures required, the decision of the Chief or the mine inspector shall be final. The decision of the Chief regarding measures to extinguish the fire and protect persons shall have the force of an order issued pursuant to § 45.2-569 if it is delivered to the operator in writing.

Code 1950, § 45-14.1; 1954, c. 191; 1966, c. 594, § 45.1-89; 1974, c. 323; 1978, c. 118; 1984, c. 590; 1985, c. 500; 1994, c. 28 , § 45.1-161.203; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1003 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 1 / Section 45.2-1003
Authority and duties of Director
Status: in_force

A. The authority to adopt regulations necessary to carry out the purposes and provisions of this chapter is vested in the Director. Such regulations shall be consistent with regulations adopted by the Secretary pursuant to the federal act or in conformity with any court ruling construing such act. The Director may adopt by regulation definitions other than those provided in § 45.2-1000 as necessary to carry out the intent of this chapter. Unless otherwise directed by law, in adopting regulations, the Director shall comply with the Administrative Process Act (§ 2.2-4000 et seq.) and the Virginia Register Act (§ 2.2-4100 et seq.).

B. In addition to the adoption of regulations under this chapter, the Director may issue or distribute to the public interpretative, advisory, or procedural bulletins pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). Such materials shall be clearly designated as to their nature, shall be provided solely for purposes of public information and education, and shall not have the force of regulations.

C. The authority to administer and enforce the provisions of this chapter is vested in the Director. In administering and enforcing the provisions of this chapter, the Director shall exercise the following powers in addition to any other powers conferred upon him by law:

1. To supervise the administration and enforcement of this chapter; to make investigations and inspections necessary to ensure compliance with this chapter; to conduct hearings, administer oaths, issue subpoenas, and compel the attendance of witnesses and production of written or printed material as provided for in this chapter; to issue orders and notices of violation; to review and vacate or modify or approve orders and decisions; and to order the suspension, revocation, or withholding of any permit for failure to comply with any provision of this chapter or any regulation adopted hereunder;

2. To administer the program for the purchase and reclamation of abandoned and unreclaimed mine areas pursuant to Article 4 (§ 45.2-1031 et seq.);

3. To encourage and conduct investigations, research, experiments, and demonstrations and to collect and disseminate information relating to coal surface mining and reclamation of lands and waters affected by coal surface mining;

4. To receive any federal, state, or other funds and to enter into any contracts for which funds are available to carry out the purposes of this chapter; and

5. To enter into cooperative agreements with the Secretary to regulate coal surface mining on federal lands.

D. The Division of Mined Land Repurposing shall have the responsibilities provided under this chapter and such duties and responsibilities as the Director may assign or as may be provided for in regulations adopted by the Director.

1979, c. 290, § 45.1-230; 1982, c. 425; 1984, c. 590; 2021, Sp. Sess. I, cc. 387 , 532 .
Va. Code Ann. § 45.2-547 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 5 / Section 45.2-547
Duty to train teams
Status: in_force

It is the duty and responsibility of the Department to see that every team is properly trained by a qualified instructor of the Department or other person who has a certificate of training from the Department or MSHA.

1975, c. 432, § 45.1-33.2; 1984, c. 590; 1994, c. 28 , § 45.1-161.69; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1107 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 1 / Section 45.2-1107
Notifying miners of violations; compliance with Act
Status: in_force

A. The operator and his agent shall cooperate with the mine foreman, competent person, and other officials in the discharge of their duties as required by the Act. Such operator and agent shall direct all miners to comply with all provisions of the Act, especially when the attention of such operator or agent is called by the Director or a mine inspector to any violation of the Act.

B. The operator of any mine or his agent shall operate at all times in full conformity with the Act and any other mining law of the Commonwealth, including any regulation of the Department. This requirement shall not relieve any other person who is subject to the provisions of the Act from his duty to comply with the requirements of the Act.

C. Nothing in the Act shall be construed to relieve an operator or his agent from the duty imposed at common law to secure the reasonable safety of his employees.

D. No operator, agent, competent person, or certified person shall knowingly permit any person to work in any part of a mine in violation of written instructions issued by a mine inspector pursuant to the Act.

1997, c. 390 , § 45.1-161.292:8; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-859 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 5 / Section 45.2-859
Smoking in surface and other areas
Status: in_force

A. No miner or other person shall smoke, carry, or possess any smoker's articles, or carry an open flame, in or near any magazine for the storage of explosive materials.

B. No miner or other person shall smoke in or around any oil house, tipple, or other surface area where such practice may cause a fire or explosion.

Code 1950, §§ 45-53.2, 45-85.9; 1954, c. 191; 1966, c. 594, §§ 45.1-39, 45.1-44; 1978, c. 729; 1994, c. 28 , § 45.1-161.180; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-613 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 3 / Section 45.2-613
Proceedings for condemnation
Status: in_force

A. Proceedings for condemnation pursuant to this article shall be instituted and conducted in the name of the Commission, and the procedure shall, except as altered by the provisions of this article, be carried out as provided in Chapter 3 (§ 25.1-300 et seq.) of Title 25.1.

B. The proceedings for condemnation shall be by petition to the circuit court of the county or city in which the land, property, or property right, or the major portion thereof sought to be temporarily acquired, is located. The petition shall set forth with reasonable particularity a description and designation of the interest, right, or property intended to be temporarily taken, the name of the owner of the interest, right, or property that is to be taken or affected and such other facts as the Commission deems necessary to give adequate information to the court and all persons in interest. The petition shall be verified by oath by a member of the Commission.

C. Upon (i) the filing of the petition described in subsection B in the office of the clerk of the circuit court to which it is addressed, together with as many copies thereof as there are defendants upon which it is to be served, and (ii) the depositing with the clerk for the custody of the court, and for the benefit of the owners of the property taken or affected, an amount of money that the Commission estimates to be just compensation for the property temporarily taken and any damage done, the Commission shall thereupon seize and take possession, custody, and control of the property. The amount of money deposited pursuant to clause (ii) shall not limit the amount of just compensation to be allowed to the owner of the property. The service of such petition upon the defendant shall be made in the manner prescribed by the Rules of Supreme Court of Virginia with respect to Practice and Procedure in Civil Actions in effect at the time the petition is filed.

Code 1950, § 45-151; 1950, p. 31; 1966, c. 594, § 45.1-151; 1994, c. 28 , § 45.1-161.320; 2003, c. 940 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-748 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-748
Shelter holes
Status: in_force

A. Every haulage road shall have shelter holes at intervals not to exceed the interval permitted by the roof control plan for crosscuts. Except at a point where more than six feet of side clearance, measured from the rail, is maintained, or at a room switch, a shelter hole shall be provided at each manually operated door and at each switch throw.

B. Except for shelter holes at an underground slope landing where miners pass and cars are handled, each shelter hole shall have (i) a depth of at least five feet; (ii) a width of at most four feet, unless a room neck or crosscut width exceeding four feet is used as a shelter hole; and (iii) a height of at least six feet or, if the height of the traveling space is less than six feet, a height equivalent to that of the traveling space.

C. Every shelter hole at an underground slope landing where miners pass and cars are handled shall be at least (i) 10 feet in depth, (ii) four feet in width, and (iii) six feet in height.

D. Every shelter hole shall be kept free of refuse, loose roof, and other obstructions.

Code 1950, § 45-69.5; 1954, c. 191; 1966, c. 594, § 45.1-71; 1994, c. 28 , § 45.1-161.137; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-519 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-519
Nominations for the Board
Status: in_force

Nominations for appointments to the Board of Coal Mining Examiners may be submitted to the Governor by the Director and each organization of coal miners and coal industry interests in the Commonwealth. Nominations are to be made to the Governor by June 1 of the year in which the terms of appointments of members expire. In no case shall the Governor be bound to make any appointment from the nominations submitted.

Code 1950, §§ 45-4, 45-5, 45-6; 1954, c. 191; 1966, c. 594, § 45.1-4; 1972, c. 784; 1978, cc. 120, 727; 1981, c. 32; 1984, cc. 184, 337, 590; 1987, Sp. Sess., c. 1; 1994, c. 28 , § 45.1-161.19; 1997, c. 390 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1036 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 4 / Section 45.2-1036
Commonwealth to have lien for reclamation work
Status: in_force

The Commonwealth shall have a lien, if perfected as provided in § 45.2-1037 , on land reclaimed by the Director pursuant to this article for the amount of the increase in the appraised market value of the land resulting from the reclamation. However, no such lien shall attach to or be filed against the property of any person who owned the surface of the land prior to May 2, 1977, and who did not consent to, participate in, or exercise control over the mining operation that necessitated the reclamation performed under this article. Nor shall any such lien attach to or be filed against any property if the Director waives the lien as provided in § 45.2-1037 .

1979, c. 290, § 45.1-264; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-862 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 6 / Section 45.2-862
Attention to injured persons
Status: in_force

A. When an injury occurs underground, the injured person shall be brought promptly to the surface. Prompt medical attention shall be provided in the event of injury, and adequate facilities shall be made available for transporting such injured person to a hospital if necessary.

B. Safe transportation shall be provided to carry an injured person from the site where the injury occurred to the surface of the mine.

C. The operator of each mine shall post directional signs that are conspicuously located to identify the routes of ingress to and egress from any mine located off of a public road.

Code 1950, § 45-69.6; 1954, c. 191; 1966, c. 594, § 45.1-101; 1978, c. 94; 1994, c. 28 , § 45.1-161.198; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-742 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 7 / Section 45.2-742
Operations of hoisting equipment
Status: in_force

A. The speed of the cage, car, or trip in a shaft or slope or on a surface incline shall not exceed 1,000 feet per minute when a miner is being hoisted or lowered.

B. When moving the platform or work deck, every miner traveling thereon shall have a safety belt secured.

C. No miner shall ride on a loaded cage.

D. The number of miners riding in any cage or car at one time shall not exceed the maximum prescribed by the manufacturer. The Chief may prescribe a lesser number when necessary to ensure the safety of miners being transported.

E. Any conveyance being lowered into a shaft in which a miner is working shall be stopped at least 20 feet above the area where such miner is working.

F. If any miner is working at the bottom of a shaft, there shall be an adjustable ladder or chain ladder attached to the work deck to provide an additional means of escape. Such ladder shall be at least 20 feet in length.

G. Every choker or sling used to transport materials within a shaft or slope shall meet specifications established by the American National Standards Institute.

Code 1950, § 45-68.4; 1954, c. 191; 1966, c. 594, §§ 45.1-68, 45.1-69; 1972, c. 784; 1978, c. 729; 1994, c. 28 , § 45.1-161.160; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1004 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 1 / Section 45.2-1004
Training and certification of blasters
Status: in_force

A. In order to ensure that explosives are used only in accordance with applicable state and federal laws, the Director may adopt regulations requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or the use, storage, and handling of explosives in coal surface mining operations.

B. The Division shall assume primary responsibility for conducting the examinations and issuing the certificates for such persons in accordance with the regulations adopted pursuant to this section.

1979, c. 290, § 45.1-256; 1984, cc. 230, 590; 1996, c. 758 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2005 — Virginia Code / Title 45.2 / Subtitle V / Chapter 20 / Article 2 / Section 45.2-2005
Reinjection policy
Status: in_force

The Department, the Board, and the State Department of Health shall jointly develop and revise as necessary a policy on reinjection of spent geothermal fluids. Such policy shall refer to the reinjection into the ground of waters extracted from the earth in the process of geothermal development, production, or utilization.

1981, c. 506, § 45.1-179.8; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1614 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 2 / Section 45.2-1614
Additional duties and responsibilities of the Board
Status: in_force

A. In executing its duties under this chapter, the Board shall:

1. Foster, encourage, and promote the safe and efficient exploration for and development, production, and conservation of gas and oil resources located in the Commonwealth;

2. Administer a method of gas and oil conservation for the purpose of maximizing exploration, development, production, and utilization of gas and oil resources;

3. Administer procedures for the recognition and protection of the rights of gas or oil owners with interests in gas or oil resources contained within a pool;

4. Promote the maximum production and recovery of coal without substantially affecting the right of a gas owner proposing a gas well to explore for and produce gas; and

5. Hear and decide appeals of the Director's decisions and orders issued under Article 3 (§ 45.2-1629 et seq.).

B. Without limiting its general authority, the Board has the specific authority to issue regulations or orders pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) in order to:

1. Prevent waste through the design, spacing, or unitization of wells, pools, or fields.

2. Protect correlative rights.

3. Enter spacing and pooling orders.

4. Establish drilling units.

5. Establish maximum allowable production rates for the prevention of waste and the protection of correlative rights.

6. Provide for the maximum recovery of coal.

7. Classify pools and wells as gas, oil, gas and oil, or coalbed methane gas.

8. Collect data, make investigations and inspections, examine property, leases, papers, books, and records, and require or provide for the keeping of records and the making of reports.

9. Set application fees.

10. Govern practices and procedures before the Board.

11. Require additional data from parties to any hearing.

12. Take actions reasonably necessary to carry out the provisions of this chapter.

1982, c. 347, § 45.1-296; 1987, c. 452; 1990, c. 92, § 45.1-361.15; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1207 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1207
Special Reclamation Fund
Status: in_force

There is hereby created in the state treasury a special nonreverting fund to be known as the Special Reclamation Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All forfeited bonds collected pursuant to this chapter 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 purpose of performing reclamation pursuant to the provisions of this chapter. 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.

2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-536 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 4 / Section 45.2-536
Coal Mine Operator License Fund
Status: in_force

There is hereby created in the state treasury a special nonreverting fund to be known as the Coal Mine Operator License Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All fees collected pursuant to the provisions of subsection C of § 45.2-535 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 purchasing or commissioning safety equipment, safety training, safety education, or any expenditure to further the safety program in the mining industry. All 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.

Code 1950, § 45-17.2; 1958, c. 306; 1966, c. 594, § 45.1-23; 1972, c. 235; 1978, c. 489; 1983, c. 356; 1984, c. 590; 1994, c. 28 ; 1999, c. 256 ; 2003, cc. 542 , 550 , § 45.1-161.58; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-532 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-532
Surface foreman certification
Status: in_force

A. An applicant for a surface foreman certificate shall be at least 23 years of age and have had at least five years of experience in a coal mine, at least three years of which shall have been in a surface coal mine. A graduate of an approved course in mining engineering at a baccalaureate institution of higher education shall be given credit for three of the five years of practical experience required. An applicant who possesses a degree in mining technology shall be given credit for two of the five years of required practical experience. Each applicant shall demonstrate to the Board of Coal Mining Examiners a thorough knowledge of the theory and practice of surface coal mining by making 85 percent or more on the written examination. In addition, each applicant shall pass the examination in gas detection. The holder of a surface foreman certificate issued by the Board shall be authorized to act as surface foreman at any surface coal mine.

B. Each candidate for certification as a surface foreman shall complete, at a minimum, a 24-hour course of instruction in advanced first aid taught by a certified advanced first aid instructor in accordance with subsection A of § 45.2-579 and pass an examination relating thereto approved by the Board. No course or examination shall be required of a candidate holding a current higher level of emergency medical certification from the State Department of Health.

Code 1950, §§ 45-23, 45-28; 1954, c. 191; 1966, c. 594, § 45.1-12; 1972, c. 784; 1978, c. 729; 1980, c. 442; 1984, c. 237; 1994, c. 28 , § 45.1-161.39; 2007, cc. 894 , 914 ; 2010, cc. 809 , 857 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-747 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-747
Conveyor crossings
Status: in_force

Suitable facilities for crossing a conveyor belt shall be provided where it is necessary for miners to cross such conveyor belt regularly.

Code 1950, § 45-69.5; 1954, c. 191; 1966, c. 594, § 45.1-71; 1994, c. 28 , § 45.1-161.136; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2108 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 3 / Section 45.2-2108
Definitions
Status: in_force

As used in this article, unless the context requires a different meaning:

"Exploration activity" means and is limited to the drilling of test holes or stratigraphic or core holes of a depth in excess of 50 feet for the purpose of determining the location, quantity, or quality of uranium ore.

"Person" means any individual, firm, corporation, partnership, association, or other legal entity.

"Usable quality water" means groundwater that is used or can be used for a beneficial purpose, including a domestic, livestock, or irrigation use.

1982, c. 269, § 45.1-273; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-913 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 5 / Section 45.2-913
Duties in case of fire
Status: in_force

A. If a fire occurs, the person discovering it and any other person in the vicinity of the fire shall make a prompt effort to extinguish it. When a fire that could endanger persons at the mine cannot be extinguished immediately, all persons shall be withdrawn promptly from the area of the fire.

B. In case of any unplanned fire at or about a mine that is not extinguished within 30 minutes of discovery, the operator or agent shall report the fire to the Chief by the quickest available means, giving all information known to the operator or agent regarding the fire. The Chief shall take prompt action and decide whether to go in person or dispatch qualified subordinates to the scene of the fire for consultation and assistance in the extinguishing of the fire and the protection of exposed persons. In the event of a difference of opinion as to measures required, the decision of the Chief or his designated subordinate shall be final, but such decision shall be given to the operator in writing in order to have the force of an order.

Code 1950, § 45-14.1; 1954, c. 191; 1966, c. 594, § 45.1-89; 1974, c. 323; 1978, c. 118; 1984, c. 590; 1985, c. 500; 1994, c. 28 , § 45.1-161.266; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-105 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 1 / Section 45.2-105
Establishment of divisions; division heads
Status: in_force

The following divisions, through which the functions, powers, and duties of the Department may be discharged, are established in the Department: a Division of Mines, a Division of Mined Land Repurposing, a Division of Geology and Mineral Resources, a Division of Gas and Oil, a Division of Mineral Mining, a Division of Renewable Energy and Energy Efficiency, and a Division of Offshore Wind. The Director may establish other divisions as he deems necessary. The Director shall appoint persons to direct the various functions and programs of each division and may delegate to the head of any division any of the powers and duties conferred or imposed by law on the Director.

1984, c. 590, § 45.1-1.5; 1990, c. 92; 1994, c. 28 , § 45.1-161.5; 2008, c. 369 ; 2020, c. 794 ; 2021, Sp. Sess. I, cc. 387 , 532 .
Va. Code Ann. § 45.2-926 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 9 / Section 45.2-926
Overhead high-potential power lines; surface transmission lines; electric wiring in surface buildings
Status: in_force

A. Overhead high-potential power lines shall be (i) placed at least 15 feet above the ground and 20 feet above any driveway or haulage road, (ii) installed on insulators, and (iii) supported and guarded to prevent contact with other circuits.

B. Surface transmission lines shall be protected against short circuits and lightning.

C. Electric wiring in surface buildings shall be installed so as to prevent fire and contact hazards.

Code 1950, §§ 45-82, 45-82.3; 1954, c. 191; 1966, c. 594, § 45.1-75; 1994, c. 28 , § 45.1-161.279; 1996, c. 774 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-771 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 9 / Section 45.2-771
Fire prevention and fire control
Status: in_force

The provisions of Article 5 (§ 45.2-912 et seq.) of Chapter 9 shall apply with respect to any requirement for firefighting equipment, duties in the event of a fire, or fire precautions at any surface area of an underground coal mine.

Code 1950, § 45-14.1; 1954, c. 191; 1966, c. 594, § 45.1-89; 1974, c. 323; 1978, c. 118; 1984, c. 590; 1985, c. 500; 1994, c. 28 , § 45.1-161.243; 2021, Sp. Sess. I, c. 387 .