Va. Code Ann. § 45.2-2111 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 3 / Section 45.2-2111
Maps or plats of proposed exploration activity area
Status: in_force

Before undertaking any exploration activity on any tract of land, the person proposing the exploration activity shall prepare or have prepared and file with the Director, together with the application required by § 45.2-2110 , an accurate map, on a scale stated thereon, showing the location of the proposed exploration activity; the courses and distances of such activity from two permanent points or landmarks on the tract; the approximate location areas in which test holes or core or stratigraphic holes may be drilled; the name of the owner; and boundaries and acreage of the tract on which the exploration activity is to take place.

1982, c. 269, § 45.1-275; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1008 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1008
Coal exploration operations
Status: in_force

A. Any coal exploration operation that substantially disturbs the natural land surface shall be conducted in accordance with exploration regulations adopted by the Director. Such regulations shall, at a minimum, (i) require that any person, prior to conducting any exploration under this section, file with the Director notice of intention to explore that includes a description of the exploration area and the proposed period of exploration and (ii) include provisions for the reclamation, in accordance with the performance standards established pursuant to § 45.2-1017 , of all lands disturbed in exploration, including all excavations, roads, and drill holes, and for the removal of necessary facilities and equipment.

B. Information submitted to the Director pursuant to this section as confidential concerning trade secrets or privileged commercial or financial information that relates to the competitive rights of the person or entity intended to explore the described area shall be exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and shall not be disclosed.

C. Any person who conducts any coal exploration activity that substantially disturbs the natural land surface in violation of this section or any regulation issued pursuant thereto is subject to the provisions of § 45.2-1021 .

D. No person shall remove more than 250 tons of coal while engaged in a coal exploration operation without a specific written coal exploration permit issued by the Director.

1979, c. 290, § 45.1-233; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1717 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 6 / Section 45.2-1717
(Effective until July 1, 2029) Definitions
Status: in_force

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

"Authority" means the Southwest Virginia Energy Research and Development Authority established pursuant to this article.

"Coal mine methane" means methane gas captured and produced from an underground gob area associated with a mined-out coal seam that would otherwise escape into the atmosphere.

"Developer" means any private developer of an energy development project.

"Energy development project" means any activity that generates, produces, or stores energy, any energy efficiency system, and any supporting ancillary activities located within Southwest Virginia and includes interests in land, improvements, and ancillary facilities and research, development, commercialization, and deployment activities designated by the Authority to the nonprofit collaborative.

"Nonprofit collaborative" means a multi-site nonprofit innovative energy technology testbed established as a collaborative effort of the Department of Energy, the Authority, and the Authority's business partners to support the Authority's purpose through energy technology research, development, commercialization, and deployment.

"Southwest Virginia" means the region of the Commonwealth designated as Southwest Virginia in § 22.1-350 .

"Southwest Virginia Energy Park" means the nonprofit collaborative.

2019, cc. 555 , 556 , § 67-1600; 2021, Sp. Sess. I, c. 387 ; 2023, cc. 720 , 721 .
Va. Code Ann. § 45.2-1046 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 5 / Section 45.2-1046
Assessment of reclamation tax revenues for Fund
Status: in_force

A. There is hereby levied a reclamation tax upon the production of coal by each operator participating in the Fund under a permit issued under this chapter as set forth in this article.

B. Thirty days after the end of each calendar quarter during which the total balance of the Fund, including interest thereon, is less than $20 million, each operator shall pay into the Fund an amount equal to:

1. Four cents per clean ton of coal produced by a surface mining operation permitted under this chapter;

2. Three cents per clean ton of coal produced by a deep mining operation permitted under this chapter; and

3. One and one-half cents per clean ton of coal processed or loaded by a preparation or loading facility permitted under this chapter.

C. At the end of each calendar quarter during which the total balance in the Fund, including interest thereon, exceeds $20 million, payments under this section shall cease until again required pursuant to subsection B.

D. In no event shall any operator pay reclamation tax under this section on total coal production in excess of five million tons per calendar year, regardless of the number of permits held by that operator. In no event shall any operator holding more than one type of permit pay tax at a rate in excess of five and one-half cents per ton on coal originally surface-mined by that operator or in excess of four and one-half cents per ton on coal originally deep-mined by that operator. Any operator holding one permit upon which coal is mined and processed or loaded shall pay only the tax applicable under this section to the surface mining operation or deep mining operation.

1982, c. 334, § 45.1-270.4; 1983, c. 131; 1987, c. 468; 1991, c. 495; 2014, cc. 111 , 135 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1037 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 4 / Section 45.2-1037
Perfection of lien; waiver of lien
Status: in_force

A. The Director shall perfect the lien given under the provisions of § 45.2-1036 by filing, within six months after completion of the reclamation, in the clerk's office of the court of the county or city in which the land or any part thereof is located, a statement consisting of the name of the owner of record of the property sought to be charged; an itemized account of moneys expended for the reclamation work; notarized copies of appraisals, made by an independent appraiser, of the fair market value of the land both before and upon completion of the reclamation work; and a brief description of the property to which the lien attaches.

B. The Director shall waive a lien if he determines that the direct and indirect costs of filing such lien exceed the increase in fair market value resulting from reclamation or that the reclamation primarily benefits health, safety, or environmental values of the community or area in which the land is located. If reclamation is necessitated by an unforeseen occurrence, the Director shall waive a lien if he determines that the reclamation will not result in a significant increase in the market value of the land.

1979, c. 290, § 45.1-265; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1111 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 2 / Section 45.2-1111
Duties of Director
Status: in_force

A. The Director shall (i) supervise the execution and enforcement of all laws pertaining to the safety and health of persons employed within or at mineral mines within the Commonwealth and the protection of property used in connection therewith and (ii) perform all other duties required pursuant to the Act.

B. The Director shall keep a record of all inspections of mineral mines made by him or his authorized representatives. The Director shall also keep a permanent record of such inspections, properly indexed, and such record shall at all times be open to inspection by any citizen of the Commonwealth.

1997, c. 390 , § 45.1-161.292:13; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-930 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 9 / Section 45.2-930
Electrical trailing cables
Status: in_force

A. Every trailing cable shall be provided with suitable short-circuit protection and a means of disconnecting power from the cable.

B Any temporary splice in a trailing cable shall be made in a workmanlike manner and shall be mechanically strong and well-insulated.

C. The number of temporary, unvulcanized splices in a trailing cable shall be limited to one.

D. Every permanent splice in a trailing cable shall be made mechanically strong, with adequate electrical conductivity and flexibility, and shall be effectively insulated and sealed so as to exclude moisture. The finished splice shall be vulcanized or otherwise treated with suitable materials to provide flame-resistant properties and good bonding to the outer jacket.

E. Every trailing cable shall be protected against mechanical injury.

Code 1950, § 45-82.5; 1954, c. 191; 1966, c. 594, § 45.1-84; 1978, c. 118; 1993, c. 442; 1994, c. 28 , § 45.1-161.283; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1633 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 3 / Section 45.2-1633
Bonding and financial security required
Status: in_force

A. To ensure compliance with all laws and regulations pertaining to permitted activities and the furnishing of reports and other information required by the Board or Director, each permit applicant shall give bond with surety acceptable to the Director and payable to the Commonwealth. At the election of the permit applicant, a cash bond may be given. The amount of the bond required shall be sufficient to cover the costs of properly plugging the well and restoring the site but in no case shall the amount of the bond be less than $10,000 per well plus $2,000 per acre of disturbed land, calculated to the nearest tenth of an acre. Each bond shall remain in force until released by the Director. The Director may require additional bond or financial security for any well proposed to be drilled in Tidewater Virginia.

B. Upon receipt of an application for multiple permits for gas or oil operations and at the request of the permit applicant, the Director may, in lieu of requiring a separate bond for each permit, require a blanket bond. The amount of the blanket bond shall be as follows:

1. For one to 10 wells, $25,000.

2. For 11 to 50 wells, $50,000.

3. For 51 to 200 wells, $100,000.

4. For more than 200 wells, $200,000.

For purposes of calculating blanket bond amounts, from one-tenth of an acre to five acres of disturbed land for a separately permitted gathering pipeline shall be equivalent to one well. The Director shall adopt regulations for the release of acreage used to calculate blanket bond amounts for separately permitted gathering pipelines in cases where sites have been stabilized.

C. Any gas or oil operator who elects to post a blanket bond shall pay into the Gas and Oil Plugging and Restoration Fund those fees and assessments required under the provisions of § 45.2-1634 .

1990, c. 92, § 45.1-361.31; 2019, c. 351 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-826 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-826
Pre-shift examinations
Status: in_force

A. The operator or his agent shall establish eight-hour intervals of time, each of which shall be subject to a required pre-shift examination. Within three hours preceding the beginning of any such eight-hour interval during which any person is scheduled to work or travel underground, a mine foreman shall make a pre-shift examination. No person scheduled to enter the mine during the eight-hour interval, other than the mine foreman who is conducting the examination, shall enter any underground area unless a pre-shift examination has been completed for such established eight-hour interval.

B. During the pre-shift examination, the mine foreman shall (i) examine for hazardous conditions, (ii) test for methane and oxygen deficiency with a suitable permissible device, and (iii) determine whether the air is traveling in its regular course and in sufficient volume in each split, at each of the following underground locations:

1. Every track entry or other area where persons are scheduled to work or travel during the oncoming shift;

2. Every belt conveyor that will be used to transport persons during the oncoming shift and the entry in which each such belt conveyor is located;

3. Any working section or area where mechanized mining equipment is being installed or removed if a person is scheduled to work on the section or in the area during the oncoming shift. Such a working section or area includes each working place and each approach to a worked-out area, and ventilation controls on each such section or in each such area;

4. Each approach to a worked-out area along an intake air course if intake air passes by such worked-out area to ventilate any working section where a person is scheduled to work during the oncoming shift;

5. Every seal along an intake air course where intake air passes by such seal to ventilate any working section where a person is scheduled to work during the oncoming shift;

6. Where intake air passes through or by an entry or room to any working section where a person is scheduled to work during the oncoming shift, each such entry or room that is driven (i) more than 20 feet off an intake air course without a crosscut or permanent ventilation controls or (ii) more than two crosscuts off an intake air course without permanent ventilation controls; and

7. Where unattended diesel equipment is expected to operate or an area in which trolley wires or trolley feeder wires are to be or will remain energized during the oncoming shift.

C. During the pre-shift examination, the mine foreman shall determine the volume of air entering each of the following areas if a miner is scheduled to work in such area during the oncoming shift:

1. In the last open crosscut of each set of entries or rooms on each working section or any area in which mechanized mining equipment is being installed or removed;

2. On each longwall or shortwall in each intake entry at the intake end of the longwall or shortwall face immediately outby the face. The mine foreman shall also determine the velocity of air at each end of the face at the locations specified in the approved ventilation plan required by the federal mine safety law; and

3. At the intake end of any pillar line (i) in the intake entry furthest from the return air course, immediately outby the first open crosscut outby the line of pillars being mined, if a single split of air is used or (ii) in the intake entries of each split, immediately inby the split point, if a split system is used.

D. A mine foreman shall make a pre-shift examination of the surface areas of an underground coal mine in accordance with the requirements for pre-shift examinations at surface coal mines as provided in § 45.2-903 .

E. The Chief may require the mine foreman to examine other areas of the mine or to examine for other hazards during the pre-shift examination.

F. Any area of the mine where hazardous conditions are found shall be posted with a conspicuous danger sign located where anyone entering the area would pass. Only a person designated by the operator or his agent to correct or evaluate the condition shall enter such posted area.

G. At each working place examined, the mine foreman shall certify by initials, date, and time that the examination was made. In any area to be examined outby a working section, the mine foreman shall certify completion of the examination by initials, date, and time at enough locations to show that the entire area has been examined.

H. Each idle or worked-out area underground shall be inspected for gas and other hazardous conditions by a mine foreman immediately before miners are permitted to enter or work in such place. A certified person shall supervise the correction of any condition that creates an imminent danger. The mine operator or his agent shall not pass beyond the danger sign except in cases of necessity.

I. If no person has been working underground before an established eight-hour interval, no person other than a mine foreman conducting a pre-shift examination shall enter the mine until the examination has been completed and the mine foreman reports that the mine is clear of danger; however, miners may enter under the direction of a mine foreman for the purpose of making the mine safe. The Chief may, in certain mines, authorize mantrips to proceed to a designated station underground, from which no mantrip shall leave until a mine foreman reports that the remainder of the areas of the mine are clear of danger.

J. Miners who are regularly employed on a shift during which a pre-shift examination is being conducted shall be permitted to leave or enter the mine in the performance of their duties.

K. In a multiple-shift operation, certified persons may be used to make the pre-shift examination for the next or succeeding shift.

L. Immediately before any miner is permitted to enter an area of an inactive underground coal mine in order to take emergency actions to preserve the mine, a mine foreman shall examine such area for gas and other hazardous conditions.

M. In the performance of his duties under this section, the mine foreman shall have no superior officer, and every miner shall be subordinate to him.

Code 1950, §§ 45-32, 45-33, 45-60.4, 45-68.1, 45-69.7; 1954, c. 191; 1966, c. 594, §§ 45.1-20, 45.1-65; 1978, c. 120; 1982, c. 385; 1994, c. 28 , § 45.1-161.208; 1996, c. 774 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1735 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 10 / Section 45.2-1735
Smart Solar Permitting Platform; residential solar energy systems
Status: in_force

A. For the purposes of this section:

"Alternative platform" means an alternative automated solar permitting platform.

"Platform" means the Smart Solar Permitting Platform.

"Residence" means a detached single-family or two-family home.

"Residential solar energy system" means a system of components that is located at a residence and produces electricity from sunlight. "Residential solar energy system" includes solar photovoltaic equipment and construction projects, such as batteries, main panel upgrades, and main breaker derates.

B. The Smart Solar Permitting Platform is hereby established to serve as a tool for (i) contractors to obtain permits for the construction of streamline-eligible residential solar energy systems and (ii) localities to process applications for such permits. The Department shall, in consultation with the Department of Housing and Community Development, the building industry, and other relevant stakeholders, establish, launch, and administer an internet-based platform that automates plan review and instantly issues a permit or a permit revision to construct a residential solar energy system that complies with the Uniform Statewide Building Code (§ 36-97 et seq.) and any applicable state laws. The Platform shall, at a minimum:

1. Automate plan review and automatically approve applications for residential solar energy systems that comply with applicable state laws and building codes;

2. Instantly issue a permit or permit revision once a code-compliant system is approved by the Platform;

3. Perform robust code compliance checks using algorithms to evaluate characteristics of the proposed residential solar energy system in order to determine whether such system aligns with applicable state laws and building codes;

4. Produce construction documents that can be used for the inspection of a residential solar energy system;

5. Have the capability to process applications for streamline-eligible residential solar energy systems with panels, racking, mounting, and associated rooftop hardware that weigh less than or equal to four pounds per square foot that are installed on a permitted roof on a property with a main service disconnect of up to or equal to 200 amps, have other characteristics as determined by the Department in consultation with industry and building safety stakeholders, and constitute a substantial majority of residential rooftop energy systems in the Commonwealth that provide electrical power to a residence;

6. Be available seven days a week, 24 hours a day, for users to submit an application to construct a residential solar energy system, except when the Platform is down for an upgrade or maintenance;

7. Allow the use of electronic signatures on all applications and submitted materials for issuance of a permit; and

8. Process permit applications for residential solar energy systems and associated equipment, including photovoltaic panels, energy storage systems, main electrical panel upgrades that are related to the residential solar energy system, and main breaker derates that are related to the residential solar energy system.

C. The Department may request a third party to provide the Platform in accordance with the criteria required in subdivisions B 1 through 8 at no cost or at a low cost to the Department in lieu of the Department establishing such Platform. In either case, the Department shall consider cost-effectiveness when determining the best method for launching the Platform.

D. On or before July 1, 2028, a locality shall allow for the submission of an application to construct a residential solar energy system either through the Platform or through an alternative automated solar permitting platform that is equivalent to the Department's Platform, preserving the permitting authority of localities. The alternative platform may interface with the locality's existing permitting platform to satisfy the requirements of subdivisions B 1 through 8, such as the requirement for permit issuance. The Department may grant, upon the locality's request, an extension of time for the locality to implement its alternative platform for a period not to exceed six months. Any locality that implements an alternative platform shall submit an annual compliance report no later than March 1 of each year to the Department containing sufficient information for the Department to determine whether the locality's alternative platform is equivalent to the Department's Platform. Such report shall be submitted by the locality in accordance with any guidelines and forms developed by the Department. The Department shall make such report publicly available on its website.

If the Department finds that a locality does not have an alternative platform or determines that a locality's alternative platform is not equivalent to the Department's Platform, the Department shall notify the chief administrative officer of the locality of such failure. The Department shall publish on its website a list identifying localities that have been issued a notification. A contractor may use the Department's Platform in a locality that allows for the submission of residential solar energy system applications through an alternative platform if the locality is on such list, or if the locality does not have an alternative platform.

E. Nothing in this section shall be construed to (i) limit the authority of localities to issue permits for residential solar energy systems or (ii) limit or otherwise affect the interconnection requirements and approval process established by the State Corporation Commission for an electrical utility pursuant to §§ 56-578 and 56-594 .

2026, cc. 633 , 634 .
Va. Code Ann. § 45.2-811 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 2 / Section 45.2-811
Communication systems
Status: in_force

A. Telephone service or equivalent two-way communication facilities shall be provided between the top and each landing of each main shaft or slope. A telephone or equivalent two-way communication facility shall be located on the surface within 500 feet of each main portal and installed in either a building or a box-like structure that is designed to protect the facility from damage by inclement weather. At least one of these communication facilities shall be at a location where an authorized person who is always on duty when miners are underground can see or hear the facility and respond immediately in the event of an emergency.

B. Telephone lines, other than cables, shall be carried on insulators, installed on the opposite side from power or trolley wires, and insulated adequately where they cross power or trolley wires.

C. Lightning arrestors shall be provided at each point where a telephone circuit enters the mine and at each telephone on the surface. Where the telephone circuit enters a building or structure, a lightning arrestor is required only at the point at which the circuit enters such building or structure.

D. If a communication system other than telephones is used and its operation depends entirely upon power from the mine electric system, a means shall be provided to permit continued communication in the event the mine electric power fails or is cut off.

E. Communication systems equipped with audible and visual signals that become operative when telephone communication is being established between the phones of the communication station on the surface and the underground working sections shall be provided.

F. The Chief shall adopt regulations governing any disruption of communication in a mine.

Code 1950, § 45-82.4; 1954, c. 191; 1966, c. 594, § 45.1-81; 1978, c. 118; 1979, c. 315; 1994, c. 28 , § 45.1-161.191; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-574 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 8 / Section 45.2-574
Fees and costs
Status: in_force

No fees or costs shall be charged to the Commonwealth by a court or any officer for or in connection with the filing of any pleading or other papers in any action authorized by this article.

1994, c. 28 , § 45.1-161.96; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1144 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 6 / Section 45.2-1144
Reports of explosions and mine fires; procedure
Status: in_force

A. If an explosion or mine fire occurs in a mine, the operator shall notify the Department by the quickest available means. Any independent contractor shall notify the licensed operator of such incident. All facilities of the mine shall be made available for rescue and recovery operations and firefighting.

B. No work other than rescue and recovery work and firefighting shall be attempted or started until and unless it is authorized by the Department.

C. If an explosion occurs in an underground mine, the fan shall not be reversed except by authority of the officials in charge of rescue and recovery work, and then only after a study of the effect of reversing the fan on persons who might have survived the explosion and are still underground.

D. The Department shall make available all the facilities at its disposal in effecting rescue and recovery work. The Director shall act as consultant, or take personal charge, where in his opinion the circumstances of any mine explosion, fire, or other accident warrant.

E. The orders of the officials in charge of rescue and recovery work shall be respected and obeyed by all persons engaged in rescue and recovery work.

F. The Director shall maintain an up-to-date rescue and recovery plan for prompt and adequate employment at any mineral mine in the Commonwealth. All employees of the Department shall be kept fully informed and trained in their respective duties in executing rescue and recovery plans. The Department's plans shall be published annually and furnished to all licensed operators of mineral mines. Changes in the plan shall be published promptly when made and furnished to all licensed operators of mines.

1997, c. 390 , § 45.1-161.292:50; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-931 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 10 / Section 45.2-931
Surface storage of explosives and detonators
Status: in_force

A. Two or more surface magazines shall be provided for the storage of explosives and the separate storage of detonators.

B. Every surface magazine for storing and distributing explosives in an amount exceeding 150 pounds shall be:

1. Reasonably bullet-resistant and constructed of incombustible material or covered with fire-resistant material. The roof of a magazine that is located in such a way as to make it impossible to fire a bullet directly through the roof from the ground need not be bullet-resistant. Where it is possible to fire a bullet directly through a roof from the ground, such roof shall be made bullet-resistant by material construction, by the use of a ceiling that forms a tray containing not less than a four-inch thickness of sand, or by another method;

2. Provided with doors that are constructed of three-eighth-inch steel plate. Such doors shall be lined with a two-inch thickness of wood or the equivalent;

3. Provided with dry floors made of wood or other nonsparking material and have no metal exposed inside the magazine;

4. Provided with suitable warning signs located so that a bullet passing directly through the face of a sign will not strike the magazine;

5. Provided with properly screened ventilators;

6. Equipped with no openings except for entrance and ventilation openings;

7. Kept locked securely when unattended; and

8. Electrically bonded and grounded if constructed of metal.

C. A surface magazine for storing detonators need not be bullet-resistant, but it shall comply with other provisions for storing explosives.

D. Explosives weighing a total of no more than 150 pounds, or detonators numbering 5,000 or fewer, shall be stored either (i) in accordance with the standards set forth in subsection A, B, or C or (ii) in a separate locked box-type magazine. A box-type magazine may also be used as a distributing magazine when the weight of the explosives or the number of detonators does not exceed the limits set forth in this subsection. Every box-type magazine shall be strongly constructed of two-inch hardwood or the equivalent. Every metal magazine shall be lined with nonsparking material. No magazine shall be placed (a) in a building containing oil, grease, gasoline, wastepaper, or other highly flammable material or (b) within 20 feet of a stove, furnace, open fire, or flame.

E. No magazine shall be placed less than 300 feet from any mine opening. However, if a magazine cannot be practicably located at such a distance, it may be located less than 300 feet from a mine opening if it is sufficiently barricaded and is approved by the Chief. Unless approved by the Chief, no magazine shall be located closer to an occupied building, public road, or passenger railway than the distance recommended in the "American Table of Distances for Storage of Explosive Materials" published by the Institute of Makers of Explosives.

F. The supply kept in a distribution magazine shall be limited to approximately a 48-hour supply, and supplies of explosives and detonators may be distributed from the same magazine if they are separated by a substantially fastened hardwood partition at least four inches thick or the equivalent.

G. The area surrounding any magazine shall be kept free of rubbish, dry grass, or other materials of a combustible nature for at least 25 feet in every direction.

H. If an explosives magazine is illuminated electrically, each lamp shall be of vapor-proof type and installed and wired so as to present a minimal fire or contact hazard.

I. Only nonmetallic tools shall be used for opening any wooden explosives container. Extraneous materials shall not be stored with explosives or detonators in an explosives magazine.

J. Smoking or carrying smokers' articles or open flames is prohibited in or near any magazine.

Code 1950, § 45-53.2; 1954, c. 191; 1966, c. 594, § 45.1-44; 1978, c. 729; 1994, c. 28 , § 45.1-161.284; 2010, cc. 809 , 857 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-534 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-534
Top person certification
Status: in_force

Each applicant for a top person certificate shall demonstrate to the Board of Coal Mining Examiners by written and oral examination that he has a thorough knowledge of the theory and practice of shaft and slope mine construction. In addition, each applicant shall pass the examinations in first aid and gas detection. The holder of a top person certificate issued by the Board may act as top person in any coal mine.

1980, c. 442, § 45.1-20.1; 1994, c. 28 , § 45.1-161.41; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1611 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 1 / Section 45.2-1611
Objections by coal owner
Status: in_force

A. In deciding on objections by a coal owner to a proposed permit modification or drilling unit modification, only the following questions shall be considered:

1. Whether the work can be done safely with respect to persons engaged in coal mining at or near the well site; and

2. Whether the well work is an unreasonable or arbitrary exercise of the well operator's right to explore for, market, and produce gas or oil.

B. In deciding on objections by a coal owner to the establishment of a drilling unit, the issuance of a permit for a new well, or the stimulation of a coalbed methane gas well, the following safety aspects shall first be considered, and no order or permit shall be issued where the evidence indicates that the proposed activity will be unsafe:

1. Whether the drilling unit or drilling location is above or in close proximity to any mine opening or shaft, entry, travel way, airway, haulageway, drainageway, or passageway, or to any proposed extension thereof, in any operated or abandoned or operating coal mine or in any coal mine already surveyed and platted but not yet being operated;

2. Whether the proposed drilling can reasonably be done through an existing or planned pillar of coal, or in close proximity to an existing well or such pillar of coal, taking into consideration the surface topography;

3. Whether the proposed well can be drilled safely or the proposed coalbed methane gas well can be stimulated safely, taking into consideration the dangers from creeps, squeezes, or other disturbances due to the extraction of coal; and

4. The extent to which the proposed drilling unit or drilling location or stimulation of the coalbed methane gas well unreasonably interferes with the safe recovery of coal, gas, or oil.

C. The following questions with respect to the drilling unit or drilling location of a new well or stimulation of a new coalbed methane gas well shall also be considered:

1. The extent to which the proposed drilling unit or drilling location or coalbed methane gas well stimulation will unreasonably interfere with present or future coal mining operations;

2. The feasibility of moving the proposed drilling unit or drilling location to a mined-out area, an area below the coal outcrop, or some other area;

3. The feasibility of a drilling moratorium for not more than two years in order to permit the completion of coal mining operations;

4. The methods proposed for the recovery of coal and gas;

5. The practicality of locating the unit or the well on a uniform pattern with other units or wells;

6. The surface topography and use; and

7. Whether the decision will substantially affect the right of the gas operator to explore for and produce the gas.

D. The factors in subsection C are not intended to and shall not be construed to authorize the Director, or the Board under § 45.2-1638 , to supersede, impair, abridge, or affect any contractual rights or obligations existing between the respective owners of coal and gas or any interest therein.

1982, c. 347, § 45.1-318; 1990, c. 92, § 45.1-361.11; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1808 — Virginia Code / Title 45.2 / Subtitle V / Chapter 18 / Article 2 / Section 45.2-1808
Annual report
Status: in_force

On or before October 15 of each year, the Authority shall submit an annual summary of its activities and recommendations to the Governor and the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, the House Committee on Labor and Commerce, and the Senate Committee on Commerce and Labor. Such report may include the submission of the Division required by § 45.2-1802 .

2010, cc. 507 , 681 , § 67-1209; 2020, c. 794 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-770 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 9 / Section 45.2-770
Welding and cutting
Status: in_force

No welding or cutting with arc or flame shall be done in an excessively dusty atmosphere or dusty location. Firefighting apparatus shall be readily available when such welding or cutting is performed.

Code 1950, § 45-85.5; 1954, c. 191; 1966, c. 594, § 45.1-34; 1978, c. 729; 1994, c. 28 , § 45.1-161.242; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1631 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 3 / Section 45.2-1631
Permit required; gas, oil, or geophysical operations; coalbed methane gas wells; environmental assessment
Status: in_force

A. No person shall commence any ground-disturbing activity for a well, gathering pipeline, geophysical exploration, or associated activity, facility, or structure without first having obtained from the Director a permit to conduct such activity. Every permit application or permit modification application filed with the Director shall be verified by the permit applicant and shall contain all data, maps, plats, plans, and other information as required by regulation or the Director.

B. For each permit issued on or after July 1, 1996, a new permit issued by the Director shall be issued only for the following activities: geophysical operations, drilling, casing, equipping, stimulating, producing, reworking an initially productive zone, plugging a well, or construction and operation of a gathering pipeline. An application for a new permit to conduct geophysical operations shall be accompanied by an application fee of $130. An application for a new permit for any other activity shall be accompanied by an application fee of $600.

C. For a permit issued prior to July 1, 1996, prior to commencing any reworking, deepening, or plugging of a well, or other activity not previously approved on the permitted site, a permittee shall first obtain a permit modification from the Director. Each application for a permit modification shall be accompanied by a permit modification fee of $300. For a permit issued on or after July 1, 1996, prior to commencing any new zone completion, a permittee shall first obtain a permit modification from the Director.

D. Every permit and all operations provided for under this section shall conform to the regulations and orders of the Director and the Board. If permit terms or conditions required or provided for under this article are in conflict with any provision of a conservation order issued pursuant to the provisions of Article 2 (§ 45.2-1613 et seq.), the terms or conditions of the permit shall control. In such event, the operator shall return to the Board for reconsideration of the conservation order in light of the conflicting permit. Every permittee shall be responsible for all operations, activities, or disturbances associated with the permitted site.

E. No permit or permit modification shall be issued by the Director until he has received from the applicant a written certification that (i) all notice requirements of this article have been complied with, together with proof thereof, and (ii) the applicant has the right to conduct the operations as set forth in the application and operations plan.

F. A permit is required to drill any coalbed methane gas well or to convert any methane drainage borehole into a coalbed methane gas well. In addition to the other requirements of this section, every permit application for a coalbed methane gas well shall include:

1. The method that the coalbed methane gas well operator will use to stimulate the well.

2. a. A signed consent from the coal operator of each coal seam that is located within (i) 750 horizontal feet of the proposed well location that the applicant proposes to stimulate or (ii) 100 vertical feet above or below a coal-bearing stratum that the applicant proposes to stimulate.

b. The consent required by this subsection may be (i) contained in a lease or other such agreement; (ii) contained in an instrument of title; or (iii) in any case where a coal operator cannot be located or identified and the operator has complied with § 45.2-1618 , provided by a pooling order entered pursuant to § 45.2-1620 or 45.2-1622 if such order contains a finding that the operator has exercised due diligence in attempting to identify and locate the coal operator, contained in such order. The consent required by this subsection shall be deemed to be granted for any tract where title to the coal is held by multiple owners if the applicant has obtained consent to stimulate from the cotenants holding a majority interest in the tract and none of the coal cotenants has leased the tract for coal development. The requirement of signed consent contained in this subsection shall in no way be considered to impair, abridge, or affect any contractual rights or objections arising out of a coalbed methane gas contract or coalbed methane gas lease entered into prior to January 1, 1990, between the applicant and any coal operator or any extension or renewal thereto, and the existence of such lease or contractual arrangement and any extension or renewal thereto shall constitute a waiver of the requirement for the applicant to file an additional signed consent.

3. The unit map, if any, approved by the Board.

G. No permit that is required by this chapter for an activity to be conducted within an area of Tidewater Virginia where drilling is authorized under subsection B of § 45.2-1646 shall be granted until the environmental impact assessment required by § 45.2-1646 has been conducted and the assessment has been reviewed by the Department.

H. The applicant for a permit for a gathering pipeline, oil or gas well, or coalbed methane well shall identify in the permit application any cemetery, as identified on a United States Geological Survey topographic map or located by routine field review, within 100 feet of the permitted activity.

I. The operator of any coalbed methane well drilled within 250 feet of a cemetery shall comply with a written request of any person owning an interest in a private cemetery or the authorized agent of a public cemetery that the operator of such well suspend operations for a period from two hours before to two hours after any burial service that takes place on the surface area of such cemetery. However, if the well operator or a mine operator determines that such suspension of operations will have an adverse effect on the safety of the well operations or mining operations, the operator shall be under no obligation to comply with the request, and operation of the well shall continue.

1982, c. 347, § 45.1-311; 1985, c. 601; 1987, c. 452; 1988, c. 160, § 45.1-311.1; 1990, cc. 92, 967, § 45.1-361.29; 1994, c. 957 ; 1995, c. 269 ; 1996, c. 854 ; 1997, cc. 759 , 765 ; 1998, c. 229 ; 2003, cc. 542 , 550 ; 2008, c. 227 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1029 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 3 / Section 45.2-1029
National Pollutant Discharge Elimination System permits
Status: in_force

A. For the purpose of this section:

"Board" means the State Water Control Board.

"Industrial wastes" means the same as that term is defined in § 62.1-44.3 .

"NPDES" means the National Pollutant Discharge Elimination System.

"Other wastes" means the same as that term is defined in § 62.1-44.3 .

"Sewage" means the same as that term is defined in § 62.1-44.3 .

B. The authority to issue, amend, revoke, and enforce National Pollutant Discharge Elimination System permits under the State Water Control Law (§ 62.1-44.2 et seq.) for the discharge of sewage, industrial wastes, and other wastes from coal surface mining operations, to the extent delegated by the U.S. Environmental Protection Agency and required under the federal Clean Water Act, P.L. 92-500, as amended, is vested solely in the Director, notwithstanding any provision of law contained in Title 62.1, except as provided in this section. For the purpose of enforcement under this section, the provisions of §§ 62.1-44.31 and 62.1-44.32 shall apply to permits, orders, and regulations issued by the Director in accordance with this section.

C. The Director shall transmit to the State Water Control Board a copy of each application for an NPDES permit received by the Director and provide written notice to the Board of every action related to the consideration of such permit application.

D. Prior to the issuance or reissuance of a permit, each applicant shall submit an application on a form approved by the Director and a fee of $300 for each discharge outfall point under such permit. If an application is approved, the permittee shall, on the anniversary of the permit approval for each year of the permit term, submit $300 for each discharge outfall point under such permit. Each permit shall remain valid for five years. All fees provided for under this section shall be in addition to any other fees levied pursuant to this chapter.

E. No NPDES permit shall be issued if, within 30 days of the date of the transmittal of the complete application and the proposed NPDES permit, the Board objects in writing to the issuance of such permit. Whenever the Board objects to the issuance of such permit under this section, such written objection shall contain a statement of the reasons for such objection and the effluent limitations and conditions that such permit would include if it were issued by the Board.

F. An applicant who is aggrieved by an objection made under subsection E has the right to a hearing before the Board pursuant to § 62.1-44.25 . If the Board withdraws in writing its objection to the issuance of a certificate, the Director may issue the permit. Any applicant aggrieved by a final decision of the Board made pursuant to this subsection has the right to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

G. Whenever, on the basis of any information available to it, the Board finds that any person is in violation of any condition or limitation contained in a NPDES permit issued by the Director, it shall notify the person allegedly in violation and the Director. If after the thirtieth day following notification by the Board, the Director has not commenced appropriate enforcement action, the Board may take appropriate enforcement action pursuant to §§ 62.1-44.15 , 62.1-44.23 , and 62.1-44.32 .

H. The Director shall adopt regulations deemed necessary for the issuance, administration, monitoring, and enforcement of NPDES permits for coal surface mining operations.

I. The Director, by examining the available and relevant data, shall determine whether a discharge could cause or contribute to an instream excursion above the narrative or numeric criteria of a water quality standard.

J. If a total maximum daily load (TMDL) has been established by the Board for the receiving water body, then there shall be consideration of the TMDL in the reasonable potential determination as to whether a discharge could cause or contribute to an instream excursion above the narrative or numeric criteria of a water quality standard. If the receiving water body does not have a TMDL established, the Director may consider biological monitoring, chemical monitoring, and whole effluent toxicity testing to determine whether a discharge could cause or contribute to an instream excursion above the narrative or numeric criteria of a water quality standard. The Director may require whole effluent toxicity testing if he determines that the discharge adversely affects the biological condition of the receiving water body.

1979, c. 290, § 45.1-254; 1986, c. 615; 2008, c. 275 ; 2011, cc. 252 , 290 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1700 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 1 / Section 45.2-1700
Definitions
Status: in_force

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

"Consortium" means the Virginia Coastal Energy Research Consortium established pursuant to Article 5 (§ 45.2-1714 et seq.).

"Division" means the Division of Renewable Energy and Energy Efficiency of the Department of Energy.

"Plan" means the Virginia Energy Plan prepared pursuant to Article 4 (§ 45.2-1700 et seq.).

2006, c. 939 , § 67-200; 2020, cc. 657 , 658 , 960 ; 2021, Sp. Sess. I, cc. 387 , 532 .
Va. Code Ann. § 45.2-937 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 12 / Section 45.2-937
Penetration of underground mines; testing
Status: in_force

A. A qualified person shall test for the presence of methane and for a deficiency of oxygen, using an approved device, at the entrance to an auger hole or at a highwall miner entry when either such entry point penetrates a worked-out area of an underground mine.

B. If one percent or more of methane is detected or 19.5 percent or less of oxygen is found to exist, no further work shall be performed until the atmosphere has been made safe.

1994, c. 28 , § 45.1-161.290; 1999, c. 256 ; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-855 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 5 / Section 45.2-855
Noise levels and ear protection
Status: in_force

Each mine operator shall provide approved hearing protection to miners. Every miner shall wear approved hearing protection in any area of excess noise levels in accordance with the mine's hearing conservation program approved under 30 C.F.R. Part 62.

1978, c. 729, § 45.1-99.1; 1994, c. 28 , § 45.1-161.176; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1100 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 1 / Section 45.2-1100
Mineral Mine Safety Act
Status: in_force

For purposes of this title, this chapter and Chapters 14 (§ 45.2-1400 et seq.) and 15 (§ 45.2-1500 et seq.) shall be known as the Mineral Mine Safety Act.

1997, c. 390 , § 45.1-161.292:1; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1225 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1225
Injunction prohibiting mining operation
Status: in_force

Whenever adverse ecological disruptions or the injurious effects thereof seriously threaten or endanger the health, safety, welfare, or property rights of citizens of the Commonwealth, and abatement by the application of control techniques is not feasible, the Director shall petition the appropriate circuit court for an injunction to prohibit further operations. Such injunction shall not relieve the operator of the duty to reclaim lands previously affected according to the terms and conditions of the applicable permit.

1977, c. 312, § 45.1-193.1; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-116 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 3 / Section 45.2-116
Duties of the Bank
Status: in_force

A. The Bank shall:

1. Advise the Director on the management of the Bank pursuant to this article;

2. Apply for and accept gifts, grants, aid, and donations from any source to be expended in furtherance of accomplishing the objectives of the Bank. All federal funding accepted under this subdivision shall be accepted and expended by the Bank in accordance with such terms and conditions as are prescribed by the United States and are consistent with state law, and all state funding accepted under this subdivision shall be accepted and expended in accordance with such terms and conditions as prescribed by the Commonwealth;

3. Seek to qualify as a state energy financing institution as defined in 42 U.S.C. § 16511;

4. Serve as a financial resource to reduce the upfront and total costs of implementing qualified projects;

5. Ensure that all financed projects reduce or do not contribute to greenhouse gas emissions and that no more than 15 percent in the aggregate of available funds are used to finance projects involving coalbed methane gas, as such term is defined in § 45.2-1600 , or nuclear power;

6. Ensure that financing terms and conditions offered are well suited to qualified projects;

7. Strategically prioritize the use of the Bank's funds to leverage private investment in qualified projects, with the aim of achieving a high ratio of private to public money invested through funding mechanisms that support, enhance, and complement private lending and investment;

8. Coordinate with existing federal, state, local, utility, and other programs to ensure that the Bank's resources are being used most effectively to add to and complement those programs;

9. Stimulate demand for qualified projects by (i) contracting with the Department to provide, including through subcontracts with community navigators, information to project participants about federal, state, local, utility, and other Bank financial assistance for qualifying projects and technical information on energy conservation and renewable energy measures; (ii) forming partnerships with contractors and informing contractors about the Bank's financing programs; (iii) developing innovative marketing strategies to stimulate project owner interest, especially in underserved communities; and (iv) incentivizing financing entities to increase activity in underserved markets;

10. Finance projects in all regions of the Commonwealth;

11. Develop participant eligibility standards and other terms and conditions for financial support provided by the Bank;

12. Develop and administer (i) policies to collect reasonable fees for Bank services and (ii) risk management activities to support ongoing Bank activities;

13. Develop consumer protection standards governing the Bank's investments to ensure that financial support is provided responsibly and transparently and is in the financial interest of participating project owners;

14. Develop methods to accurately measure the impact of the Bank's activities, particularly on low-income communities and on greenhouse gas emissions reductions;

15. Hire sufficient staff with the appropriate skills and qualifications to carry out the Bank's programs, making an affirmative effort to recruit and hire staff who are from, or share the interests of, the communities the Bank is required to serve;

16. Acting under its powers as a state energy financing institution under 42 U.S.C. § 16511, collaborate with the U.S. Department of Energy Loan Programs Office to ensure that authorities made available under the federal Inflation Reduction Act of 2022, P.L. 117-169, maximally benefit Virginians;

17. Ensure that Bank contracts with all third-party administrators, contractors, and subcontractors contain required covenants, representations, and warranties specifying that contracted third parties are agents of the Bank and that all acts of contracted third parties are considered acts of the Bank, provided that the act is within the contracted scope of work; and

18. Undertake such other activities as are necessary to carry out the provisions of this article.

C. In carrying out its powers and duties pursuant to this article, the Bank may:

1. Employ credit enhancement mechanisms that reduce financial risk for financing entities by providing assurance that a limited portion of a loan or other financial instrument is assumed by the Bank via a loan loss reserve, loan guarantee, or other mechanism;

2. Co-invest in a qualified project by providing senior or subordinated debt, equity, or other mechanisms in conjunction with other investment, co-lending, or financing;

3. Aggregate small and geographically dispersed qualified projects in order to diversify risk or secure additional private investment through securitization or similar resale of the Bank's interest in a completed qualified project; and

4. Expend funds appropriated to the Bank for start-up purposes, which may be used for financing programs and project investments authorized under this article, prior to adoption of the strategic plan required pursuant to § 45.2-118 and the investment strategy required pursuant to § 45.2-119.

2026, cc. 1125 , 1126 .
Va. Code Ann. § 45.2-1205 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1205
Permit required; fee; renewal fee; application; furnishing copy of map, etc., to landowner; approval by Department
Status: in_force

A. It is unlawful for any operator to engage in any mining operation in the Commonwealth without first obtaining from the Department a permit to engage in such operation and paying a permit fee of $50 per acre for every acre of land to be affected by the total operation for which plans have been submitted. Such permit fee shall be deposited in the Permit Fee Fund pursuant to § 45.2-1204 . A permit shall be obtained prior to the start of any mining operation.

B. A separate permit shall be secured for each mining operation conducted. An application for a mining permit shall be made in writing on forms prescribed by the Director and shall be signed and sworn to by the applicant or his duly authorized representative. The application, in addition to other information reasonably required by the Director, shall contain the following information: (i) the common name and geologic title, where applicable, of the mineral to be extracted; (ii) a description of the land upon which the applicant proposes to conduct mining operations, setting forth the name of the county or city in which such land is located, the location of its boundaries, and any other description of the land to be disturbed necessary to allow it to be located and distinguished from other lands and easily ascertainable as shown by a map attached thereto showing the amount of land to be disturbed; (iii) the name and address of the owner or owners of the surface of the land; (iv) the name and address of the owner or owners of the mineral, ore, or other solid matter; (v) the source of the operator's legal right to enter and conduct operations on the land to be covered by the permit; (vi) the total number of acres of land to be covered by the permit; (vii) a reasonable estimate of the number of acres of land that will be disturbed by mining operations on the area to be covered by the permit during the ensuing year; (viii) whether any mining permit of any type is now held by the applicant, and the number of such permits; (ix) the name and address of the applicant, if an individual; the names and addresses of all partners, if a partnership; the state of incorporation and the name and address of its registered agent, if a corporation; or the name and address of the trustee, if a trust; and (x) if known, whether the applicant, any subsidiary or affiliate of the applicant, any partnership, association, trust, or corporation controlled by or under common control with the applicant, or any person required to be identified by clause (ix) has ever had a mining permit of any type issued under the laws of the Commonwealth or any other state revoked or has ever had a mining or other bond, or security deposited in lieu of bond, forfeited. Clause (iv) shall not apply to the shell, container chamber, passage, or open space set forth in § 45.2-402 .

C. The application for a permit shall be accompanied by two copies of an accurate map or aerial photograph or plan that meets the following requirements:

1. Is prepared by a licensed engineer or licensed land surveyor or issued by a standard mapping service or in a manner acceptable to the Director;

2. Identifies the area corresponding with the land described in the application;

3. Shows adjacent deep mining, if any, and the boundaries of surface properties, with the names of owners of the affected area that lie within 100 feet of any part of the affected area;

4. Is drawn to a scale of 400 feet to the inch or better;

5. Shows the names and locations of all streams, creeks, or other bodies of public water, roads, buildings, cemeteries, gas and oil wells, and utility lines on the area affected and within 500 feet of such area;

6. Shows by appropriate markings the boundaries of the area of land affected, the outcrop of the seam at the surface or the deposit to be mined, and the total number of acres involved in the area of land affected;

7. Shows the date on which the map was prepared, the north arrow, and the quadrangle name; and

8. Shows the drainage plan on and away from the area of land affected, including the directional flow of water, constructed drainways, natural waterways used for drainage, and the streams or tributaries receiving the discharge.

D. No permit shall be issued by the Department until the Director has approved the plan of operation required in this section and § 45.2-1206 and the bond from the applicant as required in § 45.2-1208 .

E. If the operator believes that changes in his original plan are necessary or if additional land not shown as a part of the approved plan of operation is to be disturbed, he shall submit an amended plan of operation that shall be reviewed for approval by the Director in the same manner as an original plan and shall be subject to the provisions of this section and §§ 45.2-1206 and 45.2-1208 .

F. If within 10 days of the anniversary date of the permit, the Director, after inspection, is satisfied that the operation is proceeding according to the plan submitted to and approved by him, then the Director shall renew the permit upon payment of a renewal fee by the operator for land to be affected by the total operation in the next ensuing year according to the following schedule:

Anniversary Date: Renewal Fee:

Beginning July 1, 2019 $18 per disturbed acre

Beginning July 1, 2020 $20 per disturbed acre

Beginning July 1, 2021 $22 per disturbed acre

Beginning July 1, 2022 $24 per disturbed acre

The renewal fees shall be deposited in the Permit Fee Fund pursuant to § 45.2-1204 .

G. Upon receipt of a written request by any landowner on whose property a sand and gravel operation is permitted pursuant to this section, the operator of the sand and gravel operation shall provide a copy of the map, photograph, or plan to the landowner.

1968, c. 734, § 45.1-181; 1972, c. 206; 1974, c. 312; 1977, c. 312; 1983, c. 322; 1996, cc. 648 , 659 ; 2003, cc. 542 , 550 ; 2012, c. 695 ; 2019, c. 538 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1226 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1226
Appeals from decisions of the Department
Status: in_force

An appeal from any order of the Department shall be conducted in accordance with Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act. The appeal shall be taken within 30 days following the issuance of the order by forwarding to the Director by certified mail a notice of appeal designating the order from which the appeal is taken.

1968, c. 734, § 45.1-194; 1974, c. 312; 1979, c. 302; 1982, c. 117; 2012, cc. 803 , 835 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-857 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 5 / Section 45.2-857
Allowing persons to work in a mine with smoker's articles; penalty
Status: in_force

A. No operator, agent, or mine foreman shall knowingly permit any person in an underground coal mine to smoke, carry, or possess any smoker's articles or materials used for igniting smoker's articles.

B. Violation of this section is a Class 6 felony.

1993, c. 389, § 45.1-98.3; 1994, c. 28 , § 45.1-161.178; 2021 , Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-751 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 8 / Section 45.2-751
Maintenance of equipment
Status: in_force

Every locomotive, mine car, shuttle car, supply car, conveyor, piece of self-propelled mobile equipment, and other piece of equipment shall be maintained in a safe operating condition.

Code 1950, § 45-69.3; 1954, c. 191; 1966, c. 594, § 45.1-72; 1994, c. 28 , § 45.1-161.140; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-765 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 9 / Section 45.2-765
Lighting
Status: in_force

A. Lights shall be provided as needed in or on a surface mine structure, enclosure, or other facility.

B. Each road, path, or walk outside of a structure, enclosure, or other facility shall be kept free from obstructions and shall be well-illuminated if it is used at night.

1966, c. 594, § 45.1-38; 1994, c. 28 , § 45.1-161.237; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-601 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 1 / Section 45.2-601
Adjacent owner to be permitted to survey mine; proceedings to compel entry for survey
Status: in_force

A. The owner, tenant, or occupant of any land or coal on or in which a mine is opened and worked, or his agent, shall permit any person interested in or having title to any land or mineral rights coterminal with that in which such mine is located to have ingress and egress with surveyors and assistants to explore and survey such mine at his own expense if such person has reason to believe his property is being trespassed upon. The purpose of such survey shall be to ascertain whether a violation of § 45.2-600 has occurred. However, such person is not entitled to enter the property more often than once a month. Every owner, tenant, occupant, or agent who refuses such permission, exploration, or survey shall forfeit $20 for each refusal to the person so refused.

B. The judge of the general district court of the county or city in which such mine is located, before whom any complaint of such refusal shall be made, may issue a summons to such owner, tenant, occupant, or agent to answer such complaint. On the return of the summons executed and proof that (i) the complainant has a right of entry and (ii) such right has been refused without sufficient cause, the judge shall designate an early and convenient time for such entry to be made and issue a warrant commanding the sheriff of the county or city to attend and prevent any obstruction or impediment to such entry, exploration, or survey. The costs of such summons and a fee of $3 to the sheriff executing the warrant shall be paid by the person whose refusal caused the complaint. If the court dismisses the complaint, the costs shall be paid by the party making the complaint.

Code 1950, §§ 45-92, 45-93; 1966, c. 594, § 45.1-103; 1978, c. 118; 1994, c. 28 , § 45.1-161.311; 1997, c. 390 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-707 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 3 / Section 45.2-707
Mining in proximity to gas or oil wells
Status: in_force

A. Except as provided in subsection D, an operator who plans to remove coal, drive any passage or entry, or extend any workings in any mine within 500 feet of any gas or oil well already drilled into the projected mine workings or in the process of being drilled into the projected mine workings shall file with the Chief a notice that such mining is taking place or will take place. The notice shall include a copy of parts of the maps and plans required under § 45.2-542 that show the mine workings or projected mine workings that are within 500 feet of the well. The operator shall simultaneously mail copies of such notice, maps, and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector appointed pursuant to § 45.2-1604 . Each notice shall contain a certification made by the operator that he has complied with the provisions of this subsection.

B. Subsequent to the filing of the notice required by subsection A, the operator may proceed with mining operations in accordance with the maps and plans; however, without the prior approval of the Chief, he shall not remove any coal, drive any entry, or extend any workings in any mine within 200 feet of any gas or oil well already drilled or in the process of being drilled into the projected mine workings.

C. The Chief shall adopt regulations that prescribe the procedure to be followed by mine operators in petitioning the Chief for approval to conduct such activities within 200 feet of a gas or oil well or a vertical ventilation hole drilled or in the process of being drilled into the projected mine workings. Each operator who files such a petition shall mail copies of the petition, maps, and plans by certified mail, return receipt requested, to the well operator and the Gas and Oil Inspector no later than the day of filing. The Gas and Oil Inspector and the operator of the gas or oil well or vertical ventilation hole shall have standing to object to any petition filed under this section. Such objection shall be filed within 10 days following the date such petition is filed.

D. Procedures for safely mining in proximity to or through a coalbed methane well or a vertical ventilation hole developed for methane drainage in a mine shall be addressed in the bleeder system plan for that mine required by § 45.2-837 .

1990, c. 92, § 45.1-92.1; 1994, c. 28 , § 45.1-161.121; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1629 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 3 / Section 45.2-1629
Duties, responsibilities, and authority of the Director
Status: in_force

A. The Director shall adopt and enforce regulations and orders necessary to ensure the safe and efficient development and production of gas and oil resources located in the Commonwealth. Such regulations and orders shall be designed to:

1. Prevent pollution of state waters and require compliance with the water quality standards adopted by the State Water Control Board;

2. Protect against offsite disturbances from gas, oil, or geophysical operations;

3. Ensure the restoration of all sites disturbed by gas, oil, or geophysical operations;

4. Prevent the escape of the Commonwealth's gas and oil resources;

5. Provide for safety in coal and mineral mining and coalbed methane well and related facility operations;

6. Control wastes from gas, oil, or geophysical operations;

7. Provide for the accurate measurement of gas and oil production and delivery to the first point of sale; and

8. Protect the public safety and general welfare.

B. In adopting regulations and when issuing orders for the enforcement of the provisions of this article, the Director shall consider the following factors:

1. The protection of the citizens and environment of the Commonwealth from the public safety and environmental risks associated with the development and production of gas or oil;

2. The means of ensuring the safe recovery of coal and other minerals without substantially affecting the right of coal, minerals, gas, oil, or geophysical operators to explore for and produce coal, minerals, gas, or oil; and

3. The protection of safety and health on permitted sites for coalbed methane wells and related facilities.

C. In adopting regulations and orders, the Director may set and enforce standards governing the following: gas or oil ground-disturbing geophysical exploration; the development, drilling, casing, equipping, operating, and plugging of gas or oil production, storage, enhanced recovery, or disposal wells; the development, operation, and restoration of site disturbances for wells, gathering pipelines, and associated facilities; and gathering pipeline safety.

D. Whenever the Director determines that an emergency exists, he shall issue an emergency order without advance notice or hearing. Such order shall have the same validity as an order issued with advance notice and hearing but shall remain in force no longer than 30 days from its effective date. After issuing an emergency order, the Director shall promptly notify the public of the order by publication and hold a public hearing for the purposes of modifying, repealing, or making permanent the emergency order. An emergency order shall prevail as against a general regulation or order when in conflict with it. Emergency orders shall apply to gas, oil, or geophysical operations and to particular fields, geographical areas, subject areas, subject matters, or situations.

E. The Director also may:

1. Issue, condition, and revoke permits;

2. Issue notices of violation and orders upon the violation of any provision of this chapter or regulation adopted thereunder;

3. Issue closure orders in cases of imminent danger to persons or damage to the environment or upon a history of violations;

4. Require or forfeit bonds or other financial securities;

5. Prescribe the nature of and form for the presentation of any information or documentation required by any provision of this article or regulation adopted thereunder;

6. Maintain suit in the county or city where a violation has occurred or is threatened or wherever a person who has violated or threatens to violate any provision of this chapter is found in order to restrain the actual or threatened violation;

7. At reasonable times and under reasonable circumstances, enter upon any property and take action as necessary to administer and enforce the provisions of this chapter; and

8. Inspect and review all properties and records thereof as necessary to administer and enforce the provisions of this chapter.

F. The Director has no jurisdiction to hear objections with respect to any matter subject to the jurisdiction of the Board as set out in Article 2 (§ 45.2-1613 et seq.). Such objections shall be referred to the Board in a manner prescribed by the Director.

1982, c. 347, §§ 45.1-315, 45.1-316, 45.1-317; 1987, c. 452; 1989, c. 529; 1990, c. 92, § 45.1-361.35; 1996, c. 854 ; 1998, c. 228 ; 2002, c. 277 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1304 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 13 / Article 2 / Section 45.2-1304
Adjacent owner to be permitted to survey mine; proceedings to compel entry for survey
Status: in_force

A. If a person who is interested in or has title to any land or mineral rights coterminal with the land or mineral rights on or in which a mine is located has reason to believe his property is being trespassed upon, then the owner, tenant, or occupant of the land or minerals on or in which such mine is opened and worked, or his agent, shall permit such interested person to have ingress and egress with surveyors and assistants to explore and survey such mine for the purpose of ascertaining whether a violation of § 45.2-1203 has occurred. Such exploration and survey shall occur at the expense of the interested person, and such person shall not be entitled to enter the mine property more often than once each month.

B. If such interested person is refused entry to such mine, he may file a complaint before the judge of the general district court of the county or city in which such mine is located. Such judge may issue a summons to such mine owner, tenant, occupant, or agent to answer the complaint. Upon the return of the executed summons and the submission of proof that the complainant has right of entry and that such right of entry has been refused without sufficient cause, the judge shall designate a prompt and convenient time for such entry to be made and issue a warrant commanding the sheriff of the county or city to attend and prevent obstructions or impediments to such entry, exploration, and survey.

C. Any owner, tenant, occupant, or agent who refuses permission, exploration, or survey pursuant to subsection A shall forfeit $20 for each refusal to the person so refused. The costs of such summons and a fee of $3 to the sheriff executing the warrant shall be paid by the person whose refusal caused the complaint. If the court dismisses the complaint, the costs of such summons and execution shall be paid by the party making the complaint.

1997, c. 390 , § 45.1-161.311:2; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-611 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 3 / Section 45.2-611
Virginia Fuel Commission; purpose; membership; compensation; staff; powers and duties; report
Status: in_force

A. The Virginia Fuel Commission (the Commission) may be established by the Governor as a supervisory commission in the executive branch of state government. The purpose of the Commission is to act for and on behalf of the Governor in the enforcement of the powers and duties set forth in this article.

B. The Commission shall have a total membership of three nonlegislative citizen members who are residents of the Commonwealth. Each member of the Commission shall be appointed to serve at the pleasure of the Governor, and any vacancy shall be filled in the same manner as the original appointment. One member of the Commission shall be designated by the Governor as chairman. A majority of the members shall constitute a quorum. The meetings of the Commission shall be held at the call of the Governor or the chairman.

C. Members shall receive such compensation for the performance of their duties as fixed by the Governor. Funding for the costs of compensation and expenses of the members shall be provided by the Department.

D. The Department shall provide staff support to the Commission. All agencies of the Commonwealth shall provide assistance to the Commission, upon request.

E. The Commission, subject to the approval of the Governor, shall have, in addition to the powers and duties incident to this article that the Governor delegates to it, the power and duty to:

1. Adopt such regulations and issue such orders as are, in the judgment of the Commission, necessary to accomplish in full the purposes of this article. Such regulations and orders shall have the force and effect of law, and the violation thereof is punishable as a Class 1 misdemeanor;

2. Appoint and employ such officers and personnel as are, in its judgment, required to carry out the provisions of this article; remove, in its discretion, any and all persons serving thereunder; and fix, subject to approval by the Governor, the remuneration of all such officers and other personnel. Such personnel shall work subject to such safety provisions as are in force on the property at the time of acquisition;

3. Acquire under the power of eminent domain, or by purchase, lease, or otherwise, all of the property of any person used in the business of the mining, production, or marketing of coal, including all lands, tipples, mines, ores, rights-of-way, leaseholds, and every character and type of equipment deemed by the Commission necessary or incidental to the continuous mining and production of coal;

4. Operate, manage, and control any property so acquired; purchase coal, coke, or other fuel and sell such fuel, either at retail or at wholesale; enter into contracts; allocate and provide for the distribution of coal and other fuels so as to ensure a distribution deemed most likely to promote the health, safety, and welfare of the people of the Commonwealth; and do any and all things necessary and incidental to the mining, production, or marketing of coal; and

5. In any year in which the Commission meets, submit an annual report to the Governor and the General Assembly for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports. In any year in which the Commission meets, the chairman shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than the first day of the next regular session of the General Assembly. The executive summary shall be submitted as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

Code 1950, §§ 45-149, 45-156; 1950, pp. 30, 33; 1966, c. 594, §§ 45.1-149, 45.1-156; 1994, c. 28 , §§ 45.1-161.316, 45.1-161.317; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-566 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 7 / Section 45.2-566
Duties of inspectors
Status: in_force

A. During a complete inspection of a mine, other than an inactive mine, the mine inspector shall inspect, where applicable, the surface plant; all active workings; all active travel ways; entrances to inaccessible worked-out areas; accessible worked-out areas; at least one entry of each intake and return airway in its entirety; escapeways and other places where miners work or travel or where hazardous conditions might exist; electric installations and equipment; haulage facilities; first aid equipment; ventilation facilities; communication installations; roof and rib conditions; roof-support practices; blasting practices; haulage practices and equipment; and any other condition, practice, or equipment pertaining to the health and safety of the miners. The mine inspector shall make tests for the quantity of air flows, and for gas and oxygen deficiency, in each place that he is required to inspect in an underground coal mine. In a mine operating more than one shift in a 24-hour period, the mine inspector shall devote sufficient time on the second and third shifts to determine conditions and practices relating to the health and safety of the miners. For an inactive mine, the mine inspector shall inspect all areas of the mine where persons may work or travel during the period the mine is an inactive mine.

B. The inspector shall make a personal examination of the interior of the mine and of the outside of the mine where any danger may exist to the miners.

Code 1950, §§ 45-4.1, 45-9, 45-12, 45-74; 1954, c. 191; 1966, c. 594, § 45.1-5; 1976, c. 598; 1978, c. 120; 1984, c. 236; 1985, c. 448; 1987, c. 470; 1990, c. 963; 1994, c. 28 , § 45.1-161.88; 1996, c. 774 ; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1736 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 11 / Section 45.2-1736
(Effective pursuant to Acts 2026, cc. 928 and 999, cl. 2) Minimum energy and water conservation standards for certain products
Status: in_force

A. If any product or product categories under 10 C.F.R. Parts 430 and 431 of the federal Energy Policy and Conservation Act of 1975 (P.L. 94-163), as amended, are removed by the U.S. Secretary of Energy or the federal government, the Department shall adopt energy or water conservation standards that shall be equivalent to the last applicable federal standards with a product compliance date of on or before December 31, 2025. No such new products may be sold or offered for sale, lease, or rent in the Commonwealth unless such products meet or exceed such standards.

B. In the event the Department adopts energy or water conservation standards pursuant to subsection A, it shall require a manufacturer that produces a product described in subsection A to test its products in accordance with the test procedures provided in 10 C.F.R. Parts 430 and 431 of the federal Energy Policy and Conservation Act of 1975 (P.L. 94-163), as amended, as of December 31, 2025. The Department may adopt additional test methods when new versions of test methods become available or when an alternative test method has been adopted by another state or the federal government. Such manufacturers shall certify through a third-party database, such as the Modernized Appliance Efficiency Database System, Home Ventilating Institute Products Directory, AHAM Verifide Certification and Verification Program Directories, or Northeast Energy Efficiency Partnerships State Appliance Standards Database, or any other database approved by the Department, and based on such test results, that its products comply with the provisions of this section.

C. Nothing in this section shall apply to (i) any energy or water conservation standard set aside by a court pursuant to 42 U.S.C. § 6306(b) or (ii) any product if federal law preempts the application of this section to such product, including any product or product categories where there is a requirement to develop a standard pursuant to 42 U.S.C. § 6291 et seq. or where there is a standard developed pursuant to 10 C.F.R. Parts 430 and 431 of the federal Energy Policy and Conservation Act of 1975 (P.L. 94-163), as amended.

2026, cc. 928 , 999 .
Va. Code Ann. § 45.2-1142 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 5 / Section 45.2-1142
Inspections; Mine Rescue Coordinator
Status: in_force

A. The Director shall (i) inspect, or cause to be inspected, the rescue station of each state-designated mine rescue team four times each year; (ii) ensure that each rescue station is adequately equipped; and (iii) ensure that all team members are adequately trained.

B. The Director shall designate an employee of the Department as the Mine Rescue Coordinator, who shall perform the duties assigned by the Director.

1997, c. 390 , § 45.1-161.292:48; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2107 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 2 / Section 45.2-2107
Audits; external reviews
Status: in_force

A. The Auditor of Public Accounts, or his legally authorized representatives, shall annually audit the financial accounts of the Authority. The audit report and any nonproprietary information provided to the auditor in connection with the audit shall be made available to the public, upon request, in accordance with the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

B. The Authority, if it receives state funds, shall be subject to periodic external review either (i) under the provisions of the Legislative Program Review and Evaluation Act (§ 30-64 et seq.) or (ii) by an entity appointed for that purpose by the Governor.

2013, cc. 57 , 394 , § 67-1406; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-120 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 3 / Section 45.2-120
Public outreach
Status: in_force

The Bank shall hold quarterly meetings that are accessible online to update the general public on the Bank's activities, report progress being made in regard to the Bank's strategic plan and long-term investment strategy, and invite audience questions regarding Bank programs.

2026, cc. 1125 , 1126 .
Va. Code Ann. § 45.2-925 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 8 / Section 45.2-925
Control of dust and combustible material
Status: in_force

A. Where a surface coal mining operation raises an excessive amount of dust into the air, such dust shall be allayed at its sources by the use of water, water with a wetting agent added to it, or another effective method.

B. Drilling in rock shall be done wet or other means of dust control shall be used.

C. Loose coal, coal dust, oil, grease, or other combustible materials shall not be permitted to accumulate excessively on equipment or surface structures.

Code 1950, §§ 45-77.1, 45-85.1; 1954, c. 191; 1966, c. 594, §§ 45.1-66, 45.1-87; 1979, c. 315; 1994, c. 28 , § 45.1-161.278; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-920 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 6 / Section 45.2-920
Shop and other equipment
Status: in_force

A. The following shall be guarded and maintained adequately:

1. Gears, sprockets, pulleys, fan blades or propellers, friction devices, and couplings with protruding bolts or nuts.

2. Shafting and projecting shaft ends that are within seven feet of the floor or the platform level.

3. Belt, chain, or rope drives that are within seven feet of the floor or the platform.

4. Fly wheels. Any fly wheel that extends more than seven feet above the floor shall be guarded to a height of at least seven feet.

5. Circular and band saws and planers.

6. Repair pits. Guards shall be kept in place when a pit is not in use.

7. Counterweights.

8. Mine fans. The approach to any mine fan shall be guarded.

9. Lighting and other electrical equipment that could create a shock hazard or cause personal injury.

B. No machinery shall be repaired or oiled while in motion unless a safe remote oiling device is used.

C. A guard or safety device that is removed from any machine shall be replaced before the machine is put in operation.

D. Every mechanically operated grinding wheel shall be equipped with:

1. Safety washers and tool rests;

2. A substantial retaining hood, the hood opening of which shall not expose more than a 90-degree sector of the wheel. Each such hood shall include a device to control and collect excess rock, metal, or dust particles. If no such device is provided, equivalent protection shall be provided to each employee operating such machinery; and

3. Eyeshields, unless goggles are worn by the operator.

E. The operator or his agent shall develop proper procedures for examining for potential hazards, completing maintenance, and operating each type of centrifugal pump. The procedures shall, at a minimum, address the manufacturers' recommendations for start-up and shutdown of each type of pump, the proper actions to be taken when a pump is suspected of overheating, the safe location of start and stop switches, and the actions to be taken when signs of structural metal fatigue, such as cracks in the frame, damaged cover mounting brackets, or missing bolts or other components, are detected. Every miner who repairs, maintains, or operates any such pump shall be trained in these procedures.

Code 1950, § 45-85.3; 1954, c. 191; 1966, c. 594, § 45.1-88; 1978, c. 118; 1994, c. 28 , § 45.1-161.273; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1802 — Virginia Code / Title 45.2 / Subtitle V / Chapter 18 / Article 1 / Section 45.2-1802
Division of Offshore Wind established
Status: in_force

A. The Director shall establish the Division of Offshore Wind in the Department and shall appoint persons to direct, support, and execute the powers and duties of the Division.

B. The powers and duties of the Division include:

1. Identifying specific measures that will facilitate the establishment of the Hampton Roads region as a wind industry hub for offshore wind generation projects in state and federal waters off the United States coast;

2. Coordinating state agencies' activities related to offshore wind, including development of programs that prepare the Commonwealth's workforce to work in the offshore wind industry, create employment opportunities for Virginians within such industry, create opportunities for Commonwealth-based businesses to participate in the offshore wind industry supply chain, and attract out-of-state offshore wind-related businesses to locate within the Commonwealth;

3. Developing and implementing a stakeholder engagement strategy that identifies key groups, sets forth outreach objectives, and outlines a timeline for outreach and engagement;

4. Identifying regulatory and other barriers to the deployment of offshore wind and attraction of offshore wind supply chain businesses; and

5. Providing staff support for the Authority and facilitating fulfillment of the Authority's purpose and duties set forth in Article 2 (§ 45.2-1803 et seq.).

C. On or before October 15 of each year, the Division shall submit an annual summary of its activities, the ways in which those activities have furthered the functions and programs of the Division, and the benefits of the efforts of the Division to the Commonwealth and its economy to the Governor and the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, the House Committee on Labor and Commerce, and the Senate Committee on Commerce and Labor. The Division may include its submission with the report of the Authority required by § 45.2-1808 .

2020, c. 794 , § 45.1-161.5:1; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-852 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-852
Rock dusting
Status: in_force

A. Every underground area of a mine, except an area in which the coal dust is too wet or too high in incombustible content to propagate an explosion, shall be rock-dusted to within 40 feet of every working face, unless such area is inaccessible or unsafe to enter or unless the Chief or his authorized representative permits an exception upon his finding that such exception does not pose a hazard to any miner. Every crosscut that is less than 40 feet from a working face shall also be rock-dusted.

B. Every other area of a mine shall be rock-dusted if conditions are found by a proper inspection to be so dusty as to constitute a hazard. If such conditions are found to exist, the Chief or his authorized representative shall require the necessary rock dusting to make every such area of the mine safe.

C. Coal dust, including float coal dust deposited on rock-dusted surfaces, loose coal, and other combustible material, shall be cleaned up and shall not be permitted to accumulate excessively in active workings or on electric equipment therein.

Code 1950, § 45-77; 1954, c. 191; 1966, c. 594, § 45.1-67; 1978, c. 120; 1994, c. 28 , § 45.1-161.235; 1999, c. 256 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-501 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 1 / Section 45.2-501
Definitions
Status: in_force

As used in the Coal Mine Safety Act, unless the context requires a different meaning:

"Accident" means (i) a death of an individual at a mine; (ii) a serious personal injury; (iii) an entrapment of an individual for more than 30 minutes; (iv) an unplanned inundation of a mine by liquid or gas; (v) an unplanned ignition or explosion of gas or dust; (vi) an unplanned fire not extinguished within 30 minutes of discovery; (vii) an unplanned ignition or explosion of a blasting agent or an explosive; (viii) an unplanned roof fall at or above the anchorage zone in active workings where roof bolts are in use, or an unplanned roof or rib fall in active workings that impairs ventilation or impedes passage; (ix) a coal or rock outburst that causes withdrawal of miners or that disrupts regular mining activity for more than one hour; (x) an unstable condition at an impoundment, refuse pile, or culm bank that requires emergency action in order to prevent failure or that causes individuals to evacuate an area, or failure of an impoundment, refuse pile, or culm bank; (xi) damage to hoisting equipment in a shaft or slope that endangers an individual or interferes with use of the equipment for more than 30 minutes; (xii) an event at a mine that causes death or bodily injury to any individual not at a mine at the time the event occurs; and (xiii) the unintentional fall of highwall that entraps equipment for more than 30 minutes.

"Active area" means any place in a mine that is ventilated, if underground, and examined regularly.

"Active workings" means any place in a mine where miners are normally required to work or travel.

"Agent" means any person charged by the operator with responsibility for the operation of all or a part of a mine or the supervision of miners in a mine.

"Approved" means, with reference to a device, apparatus, equipment, condition, method, course, or practice, approved in writing by the Chief or the Director.

"Authorized person" means a person who is assigned by the operator or agent to perform a specific type of duty or to be at a specific location in the mine and is trained and has demonstrated the ability to perform such duty safely and effectively.

"Auxiliary fan" means a supplemental underground fan installed to increase the volume of air to a specified location for the purpose of controlling dust, methane, or air quality.

"Board" means the Board of Coal Mining Examiners established pursuant to Article 3 (§ 45.2-515 et seq.).

"Cable" means (i) a stranded conductor, known as single-conductor cable, or (ii) a combination of conductors insulated from one another, known as multiple-conductor cable.

"Certified person" means a person who holds a valid certificate from the Board of Coal Mining Examiners authorizing him to perform the task to which he is assigned.

"Circuit" means a conducting part or a system of conducting parts through which an electric current is intended to flow.

"Circuit breaker" means a device for interrupting a circuit between separable contacts under normal or abnormal conditions.

"Coal mine" means a surface coal mine or an underground coal mine.

"Coal Mine Safety Act" or "the Act" means this chapter and Chapters 7 (§ 45.2-700 et seq.), 8 (§ 45.2-800 et seq.), and 9 (§ 45.2-900 et seq.) and includes any regulations adopted thereunder, where applicable.

"Cross entry" means any entry or set of entries, turned from main entries, from which room entries are turned.

"Experienced surface miner" means a person with six months or more of experience working at a surface mine or the surface area of an underground coal mine.

"Experienced underground miner" means a person with six months or more of underground coal mining experience.

"Federal mine safety law" means the Federal Mine Safety and Health Act of 1977 (P.L. 91-173, as amended by 95-164), and regulations adopted thereunder.

"Fuse" means an overcurrent protective device with a circuit-opening fusible member directly heated and destroyed by the passage of overcurrent through it.

"Ground" means a conducting connection between an electric circuit or electrical equipment and earth or to some conducting body that serves in place of earth.

"Grounded" means connected to earth or to some connecting body that serves in place of earth.

"Hazardous condition" means a condition that is likely to cause death or serious personal injury to any person exposed to such condition.

"Imminent danger" means the existence of any condition or practice in a mine that could reasonably be expected to cause death or serious personal injury before such condition or practice can be abated.

"Inactive mine" means a mine (i) at which (a) coal or minerals have not been excavated or processed or (b) work, other than examination by a certified person or emergency work to preserve the mine, has not been performed for a period of 30 days at an underground coal mine or for a period of 60 days at a surface mine; (ii) for which a valid license is in effect; and (iii) at which reclamation activities have not been completed.

"Inexperienced underground miner" means a person with less than six months of underground coal mining experience.

"Intake air" means air that has not passed through the last active working place of the split of any working section or any worked-out area, whether pillared or nonpillared, and by analysis contains at least 19.5 percent oxygen and not more than 0.5 percent carbon dioxide and does not contain a hazardous quantity of flammable gas or a harmful quantity of poisonous gas.

"Interested persons" means members of the mine safety committee and other duly authorized representatives of the employees at a mine, MSHA employees, mine inspectors, and, to the extent required by the Act, any other person.

"Main entry" means the principal entry or set of entries driven through the coal bed or mineral deposit and from which cross entries, room entries, or rooms are turned.

"Mine" means any underground coal mine or surface coal mine. Mines that are adjacent to each other and under the same management and that are administered as distinct units are considered separate mines. A site is not considered a mine unless the coal extracted or excavated from it is offered for sale or exchange or used for any other commercial purpose. The area in which coal is excavated under an exemption to the permitting requirements of § 45.2-1009 is not a mine.

"Mine fire" means an unplanned fire not extinguished within 30 minutes of discovery.

"Mine foreman" means a person who holds a valid certificate of qualification as a foreman duly issued by action of the Board of Coal Mining Examiners.

"Mine inspector" means a public employee assigned by the Chief or the Director to make mine inspections as required by the Act and other applicable laws.

"Miner" means any individual working in a mine.

"Mineral" means clay, stone, sand, gravel, metalliferous and nonmetalliferous ores, and any other solid material or substance of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal and any mineral that occurs naturally in liquid or gaseous form.

"Monthly" means, unless otherwise stated, occurring any time during the period of the first through the last day of a calendar month.

"Mine Safety and Health Administration" or "MSHA" means the federal Mine Safety and Health Administration.

"Operator" means any person who operates, controls, or supervises a mine or any independent contractor performing services or construction at a mine.

"Panel entry" means a room entry.

"Permissible" means a device, process, equipment, or method classified as "permissible" by MSHA, when such classification is adopted by the Chief or the Director, and includes all requirements, restrictions, exceptions, limitations, and conditions attached to such classification by MSHA unless otherwise expressly stated in the Act.

"Return air" means air that has passed through (i) the last active working place on each split or (ii) worked-out areas, whether pillared or nonpillared.

"Room entry" means any entry or set of entries from which rooms are turned.

"Serious personal injury" means any injury that has a reasonable potential to cause death or any injury other than a sprain or strain that requires an admission to a hospital for 24 hours or more for medical treatment.

"Substation" means an electrical installation containing generating or power-conversion equipment and associated electric equipment and parts, such as switchboards, switches, wiring, fuses, circuit breakers, compensators, and transformers.

"Surface coal mine" means (i) the pit and other active and inactive areas of surface extraction of coal; (ii) on-site preparation plants, shops, tipples, and related facilities appurtenant to the extraction and processing of coal; (iii) surface areas for the transportation and storage of coal extracted at the site; (iv) impoundments, retention dams, tailing ponds, and refuse disposal areas appurtenant to the extraction of coal from the site; (v) equipment, machinery, tools, and other property used in or to be used in the extraction of coal from the site; (vi) private ways and roads appurtenant to such areas; and (vii) the areas used to prepare a site for surface coal extraction activities. A site commences being a surface coal mine upon the beginning of any site preparation activity other than exploratory drilling or other exploration activity that does not disturb the surface and ceases to be a surface coal mine upon completion of initial reclamation activities.

"Travel way" means a passage, walk, or way regularly used and designated for persons to go from one place to another.

"Underground coal mine" means (i) the working face and other active and inactive areas of underground excavation of coal; (ii) underground travel ways, shafts, slopes, drifts, inclines, and tunnels connected to such areas; (iii) on-site preparation plants, shops, tipples, and related facilities appurtenant to the excavation and processing of coal; (iv) on-site surface areas for the transportation and storage of coal excavated at the site; (v) impoundments, retention dams, and tailing ponds appurtenant to the excavation of coal from the site; (vi) equipment, machinery, tools, and other property, on the surface and underground, used in or to be used in the excavation of coal from the site; (vii) private ways and roads appurtenant to such areas; (viii) the areas used to prepare a site for underground coal excavation activities; and (ix) areas used for the drilling of vertical ventilation holes. A site commences being an underground coal mine upon the beginning of any site preparation activity other than exploratory drilling or other exploration activity and ceases to be an underground coal mine upon completion of initial reclamation activities.

"Weekly" means, unless otherwise stated, occurring any time during the period of Sunday through Saturday of a calendar week.

"Work area" means an area of a surface coal mine in production or being prepared for production and an area of the mine that may pose a danger to miners at such area.

"Worked-out area" means an area where underground coal mining has been completed, whether pillared or nonpillared, excluding developing entries, return air courses, and intake air courses.

"Working face" means any place in a mine in which work of extracting coal from its natural deposit in the earth is performed during the mining cycle.

"Working place" means the area of an underground coal mine inby the last open crosscut.

"Working section" means all areas from the loading point of a section to and including the working faces.

Code 1950, § 45-0.2; 1954, c. 191; 1966, c. 594, § 45.1-2; 1975, c. 520; 1978, cc. 120, 489; 1980, c. 442; 1984, c. 590; 1993, c. 442; 1994, c. 28 , § 45.1-161.8; 1996, c. 774 ; 1997, c. 390 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1043 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 5 / Section 45.2-1043
Coal Surface Mining Reclamation Fund
Status: in_force

There is hereby created in the state treasury a special nonreverting fund to be known as the Coal Surface Mining Reclamation Fund, referred to in this article as "the Fund." The Fund shall be established on the books of the Comptroller. All payments made into the Fund in accordance with the provisions of this article 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 set forth in this article. 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.

1982, c. 334, § 45.1-270.1; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-581 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 10 / Section 45.2-581
Additional coal mining training programs
Status: in_force

The Chief may implement a voluntary on-site safety awareness training program for coal miners. Such training may be conducted by a mine inspector in conjunction with his inspection of a coal mine or by other Department personnel. Safety awareness training for coal miners may include such methods as job safety analysis and topical talks on safety issues intended to reduce accidents.

1994, c. 28 , § 45.1-161.103; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1038 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 4 / Section 45.2-1038
Recordation and indexing of lien; notice
Status: in_force

It is the duty of the clerk in whose office the statement described in § 45.2-1037 is filed to record such statement in the deed books of such office and to index such recording in the general index of deeds. Such indexing shall be made in the name of the Commonwealth as well as the owner of the property and shall show the type of such lien. From the time of such recording and indexing, all persons shall be deemed to have notice thereof.

1979, c. 290, § 45.1-266; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-738 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 7 / Section 45.2-738
Shaft and slope conditions
Status: in_force

A. Every shaft shall be equipped with safety gates at the top and at each landing. Safety gates shall be kept closed except when the cage is being loaded or unloaded.

B. At the bottom of each hoisting shaft and at each intermediate landing, a runaround shall be provided for safe passage from one side of the shaft to the other. This passageway shall be at least five feet in height and three feet in width.

C. Ice shall not be permitted to accumulate excessively in any shaft where miners are hoisted or lowered.

D. Positive-acting stopblocks or derails shall be installed near the top and at intermediate landings of slopes and surface inclines and at the approaches to all shaft landings.

E. Positive-acting stopblocks or derails shall be installed on the haulage track in the slope near the top of the slope. The stopblocks or derails shall be in a position to hold or stop any load to be lowered into the mine, including heavy mining equipment, until such time as the equipment is to be lowered into the mine by the hoist.

Code 1950, § 45-68.4; 1954, c. 191; 1966, c. 594, §§ 45.1-69, 45.1-89.1; 1978, c. 729; 1983, c. 111; 1994, c. 28 , § 45.1-161.156; 1996, c. 774 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-511 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 2 / Section 45.2-511
Appointment and general qualifications of mine inspectors
Status: in_force

A. Each mine inspector shall be appointed by the Director.

B. Each mine inspector shall (i) be at least 25 years of age, (ii) be of good moral character and temperate habits, (iii) hold a certificate as a mine foreman, and (iv) hold a certificate as a mine inspector issued by the Board.

Code 1950, §§ 45-1 through 45-6; 1954, c. 191; 1966, c. 594, §§ 45.1-3, 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 , §§ 45.1-161.18, 45.1-161.19; 1997, c. 390 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-2118 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 3 / Section 45.2-2118
Confidentiality of logs, surveys, and reports
Status: in_force

A. The Director shall hold confidential all logs, surveys, plats, and reports filed under this article by any person engaged in the exploration for uranium for a period of two years after the completion of the exploratory activities.

B. Upon written request by any person engaged in exploration for uranium, the Director shall hold confidential all logs, surveys, plats, and reports filed under this chapter for an additional two-year period. The Director shall grant such request if the requesting party certifies that he considers all such information to be of a proprietary nature relating to his competitive rights. The requesting party may renew his request every two years.

C. Nothing in this section shall be construed to deny the State Geologist access to any log, survey, plat, or report filed under this article. However, the State Geologist shall hold such information confidential to the same extent as the Director.

1982, c. 269, § 45.1-285; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1222 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 2 / Section 45.2-1222
Interference with reclamation unlawful; other mining operations on land
Status: in_force

It is unlawful for any owner of surface rights or mineral rights to interfere with the operator in the discharge of his obligations to the Commonwealth for the reclamation of lands disturbed by him. If an owner of surface rights or mineral rights desires to conduct other mining operations on lands disturbed by the operator furnishing bond pursuant to this chapter, such owner or other person shall be in all respects subject to the provisions of this chapter and the Director shall then release an equivalent amount of bonds to the operator originally furnishing bond on the disturbed area.

1968, c. 734, § 45.1-188; 1974, c. 312; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-701 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 1 / Section 45.2-701
Regulations governing conditions and practices at underground coal mines
Status: in_force

A. The Chief may, after consultation with the Virginia Coal Mine Safety Board, created by Article 9 (§ 45.2-576 et seq.) of Chapter 5, and in accordance with the provisions of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act, adopt regulations necessary to ensure safe and healthy working conditions in underground coal mines in the Commonwealth. Such regulations governing underground coal mines shall relate to:

1. The maintenance, operation, storage, and transportation of any mechanical or electrical equipment, device, or machinery used for any purpose in the underground mining of coal;

2. Safety and health standards for the protection of the life, health, and property of, and the prevention of injuries to, any person involved in or likely to be affected by any underground coal mining operation. Such standards shall include the control of dust concentration levels; the use of respiratory equipment and ventilating systems; the development and maintenance of roof control systems; the handling of combustible materials and rock dusting; the installation, maintenance, and use of electrical devices, equipment, cables, and wires; fire protection, including equipment, emergency evacuation plans, emergency shelters, and communication facilities; the use and storage of explosives; and the establishment and maintenance of barriers in underground coal mines around gas and oil wells. The Chief may adopt regulations setting forth specific occupations and conditions under which a miner is prohibited from working alone underground; and

3. The storage or disposal of any matter or materials (i) extracted or disturbed as the result of an underground coal mining operation or (ii) used in the mining operation or for the refinement or preparation of the materials extracted from the coal mining operation, so that such matter or material does not threaten the health or safety of the miners or the general public.

B. The Chief shall not adopt any regulation establishing any requirement for the operation of, or conditions at, an underground coal mine that is inconsistent with requirements established by the Act.

Code 1950, §§ 45-8, 45-84; 1954, c. 191; 1966, c. 594, § 45.1-104; 1972, c. 784; 1974, c. 323; 1975, c. 520; 1978, c. 120; 1982, c. 118; 1990, c. 963; 1994, c. 28 , § 45.1-161.106; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-743 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 7 / Section 45.2-743
Maintenance of hoisting equipment
Status: in_force

Every hoist, rope, cage, and other component of any piece of hoisting equipment shall be maintained in a safe operating condition, as directed by the Chief. A hoisting rope shall be replaced as soon as there is evidence of possible failure.

Code 1950, §§ 45-68.4, 45-69.3; 1954, c. 191; 1966, c. 594, §§ 45.1-68, 45.1-72; 1972, c. 784; 1978, c. 729; 1994, c. 28 , § 45.1-161.161; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1619 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 2 / Section 45.2-1619
Field rules and drilling units for wells; hearings and orders
Status: in_force

A. In order to prevent the waste of gas or oil or the drilling of unnecessary wells or to protect correlative rights, the Board on its own motion or upon application of the gas or oil owner may establish or modify drilling units. Drilling units, to the extent reasonably possible, shall be of uniform shape and size for an entire pool. Any gas, oil, or royalty owner may apply to the Board for the establishment of field rules and the creation of drilling units for the field. Unless such motion is made or an application is received at least 30 days prior to the next regularly scheduled monthly meeting of the Board, it shall not be heard by the Board at such meeting and shall be heard at the next meeting of the Board thereafter.

B. At any hearing of the Board regarding the establishment or modification of drilling units, the Board shall make the following determinations:

1. Whether the proposed drilling unit is an unreasonable or arbitrary exercise of a gas or oil owner's right to explore for or produce gas or oil;

2. Whether the proposal would unreasonably interfere with the present or future mining of coal or other minerals;

3. The acreage to be included in the order;

4. The acreage to be embraced within each drilling unit and its shape;

5. The area within which wells may be drilled on each unit; and

6. The allowable production of each well.

C. In establishing or modifying a drilling unit for coalbed methane gas wells, and in order to accommodate the unique characteristics of coalbed methane development, the Board shall require that drilling units conform to the mine development plan, if any. If requested by the coal operator, well spacing shall correspond with mine operations, including the drilling of multiple coalbed methane gas wells on each drilling unit.

D. If an order to establish or modify a drilling unit will allow a well to be drilled into or through a coal seam, any coal owner within the area to be covered by the drilling unit may object to the establishment of the drilling unit. Upon a coal owner's objection, and without superseding, impairing, abridging, or affecting any contractual rights or obligations existing between coal and gas owners, the Board shall make its determination in accordance with the provisions of §§ 45.2-1611 and 45.2-1612 .

E. The Board may continue a hearing to its next meeting to allow for further investigation and the gathering and taking of additional data and evidence. If at the time of a hearing there is not sufficient evidence for the Board to determine field boundaries, drilling unit size or shape, or allowable production, the Board may enter a temporary order establishing provisional drilling units, field boundaries, and allowable production for the orderly development of the pool pending receipt of the information necessary to determine the ultimate pool boundaries, spacing of wells for the pool, and allowable production. Upon additional findings of fact, the boundaries of a pool, drilling units for the pool, and allowable production may be modified by the Board.

F. Unless otherwise provided for by the Board, after an application for a hearing to establish or modify drilling units or pool boundaries has been filed, no additional well shall be permitted in the pool until the Board's order establishing or modifying the pool or units has been entered.

G. After the Board issues a field or pool spacing order that creates drilling units or a pattern of drilling units for a pool, if a gas or oil owner applies for a permit or otherwise indicates his desire to drill a well outside of such drilling units or pattern of drilling units and thereby potentially extend the pool, the Board may, on its own motion or the motion of any interested person, require that the well be located and drilled in compliance with the provisions of the order affecting the pool.

1982, c. 347, § 45.1-301; 1987, c. 452; 1989, c. 529; 1990, c. 92, § 45.1-361.20; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1706 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 3 / Section 45.2-1706
Repealed
Status: repealed

Repealed by Acts 2021, Sp. Sess. I, c. 327 , cl. 2, effective July 1, 2021.
Va. Code Ann. § 45.2-911 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 4 / Section 45.2-911
Attention to injured persons
Status: in_force

A. Prompt medical attention shall be provided in the event of an injury, and adequate facilities shall be made available for transporting injured persons to a hospital where necessary.

B. Safe transportation shall be provided to move injured persons from the site where the injury occurred to an area that is accessible to emergency transportation.

C. The operator of each mine shall post directional signs that are conspicuously located to identify each route 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 , § 45.1-161.264; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1044 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 5 / Section 45.2-1044
Participation in Fund
Status: in_force

A. Participation in the Fund is open to any operator applying for a permit under this chapter who can demonstrate to the Director a history of at least three consecutive years of compliance under this chapter or any other comparable state or federal act.

B. Participation in the Fund is optional as to each permit application, and approval of such participation by the Division, upon payment by the operator of all entrance fees to the Fund required by this article, shall constitute compliance with all requirements of § 45.2-1016 and regulations issued pursuant thereto. Such participation shall relieve the operator of all bonding requirements except those set forth in this article. Nothing in this article shall preclude compliance with § 45.2-1016 in lieu of participation in the Fund, prior to commencement of such participation. Commencement of participation in the Fund, as to the applicable permit, constitutes an irrevocable commitment to participate therein as to the applicable permit and for the duration of the coal surface mining operations covered thereunder.

C. For any mining operation bonded under this article, the total cumulative amount of exposed highwall shall not exceed 1,500 linear feet. The width of the coal pit shall be limited to two mining cuts or 500 feet, whichever is less, measured perpendicular from the most advanced highwall to the coal outcrop or to the nearest point of rough backfilling and grading.

D. The Director may allow extended distances for rough backfilling and grading beyond those established in this section the applicant (i) can demonstrate to the Director a history of at least seven consecutive years of compliance with this chapter or with any other comparable state or federal act or (ii) submits a bond for the proposed additional area. The additional bond shall be equal to the ratio of the extended distance to the distance specified in subsection C, multiplied by an approved cost estimate of reclamation prepared for the permit.

1982, c. 334, § 45.1-270.2; 1983, c. 131; 1989, c. 432; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-300 — Virginia Code / Title 45.2 / Subtitle I / Chapter 3 / Section 45.2-300
Governor authorized to execute Interstate Compact to Conserve Oil and Gas
Status: in_force

The Governor is hereby authorized and requested to execute, on behalf of the Commonwealth with any other state legally joining therein, a compact that is in form substantially as provided in § 45.2-301 .

1982, c. 570, § 45.1-381; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1006 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 1 / Section 45.2-1006
Resisting, etc., Director or agent of the Director; penalty
Status: in_force

It is a misdemeanor, punishable by a fine of not more than $5,000, confinement in jail for not more than one year, or both, for any person, except as permitted by law, to willfully resist, prevent, impede, or interfere with the Director or any agent of the Director in the performance of duties pursuant to this chapter.

1979, c. 290, § 45.1-257; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-832 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 4 / Section 45.2-832
Notice of monitor tampering prohibition
Status: in_force

The operator or agent shall display, in bold-faced type, on a sign placed at the mine office, at the bath house, and on a bulletin board at the mine site, the following notice:

NOTICE: IT IS UNLAWFUL TO DISTURB, DISCONNECT, BYPASS, IMPAIR, OR OTHERWISE TAMPER WITH METHANE MONITORS OR OTHER DEVICES CAPABLE OF DETECTING THE PRESENCE OF EXPLOSIVE GASES IN AN UNDERGROUND COAL MINE. A VIOLATION IS PUNISHABLE AS A CLASS 6 FELONY.

1993, c. 247, § 45.1-65.2; 1994, c. 28 , § 45.1-161.215; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-854 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 5 / Section 45.2-854
Protective clothing
Status: in_force

A. Every miner shall wear a protective hat while underground and while in any area on the surface where there is a danger of injury from falling objects.

B. Every person assigned to or performing duties on the surface of an underground coal mine, or any person entering the underground portion of such mine, shall wear reflective materials adequate to make him visible from all sides. Such reflective material shall be placed on a hard hat and at least one other item of outer clothing such as a belt, suspenders, jacket, coat, coveralls, shirt, pants, or vest.

C. Protective footwear shall be worn by each miner while on duty in or around a mine where falling objects may cause injury.

D. Every employee inside or outside of a mine shall wear an approved type of goggles or shields where there is a hazard from flying particles.

E. Every welder and helper shall use proper goggles or shields to protect his eyes.

F. Any miner engaged in haulage operations or employed around moving equipment on the surface or underground shall wear snug-fitting clothing.

G. Every employee shall wear gloves when handling material that may injure the hands or when handling energized cables. No gloves with gauntlet cuffs shall be worn around moving equipment.

H. Any miner who may be exposed for short periods to hazards from inhalation of gas, dust, fumes, or mist shall wear approved respiratory equipment. When the exposure is for a prolonged period, adequate approved measures to protect such miner or to reduce the hazard shall be taken.

Code 1950, § 45-86; 1954, c. 191; 1966, c. 594, § 45.1-99; 1994, c. 28 , § 45.1-161.175; 2005, c. 3 ; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1913 — Virginia Code / Title 45.2 / Subtitle V / Chapter 19 / Article 3 / Section 45.2-1913
Clean Energy Advisory Board; purpose
Status: in_force

The Clean Energy Advisory Board is established as an advisory board in the executive branch of state government. The purpose of the Board is to establish a pilot program for disbursing loans or rebates for the installation of solar energy infrastructure in low-income and moderate-income households.

2019, c. 554 , § 45.1-395; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-507 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 1 / Section 45.2-507
Notifying miners of violations; compliance with Act
Status: in_force

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

B. The operator of any mine or his agent shall operate each of his mines at all times in full conformity with the Act and any other mining law of the Commonwealth, including regulations adopted by the Department or the Board. 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, 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.

E. The operator or his agent shall fully comply with any action plan required by the Chief to address hazardous conditions or practices.

Code 1950, §§ 45-7, 45-8, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79, 45-81, 45-83 to 45-85; 1950, p. 156; 1954, c. 191; 1966, c. 594, §§ 45.1-21, 45.1-30, 45.1-104; 1972, c. 784; 1974, c. 323; 1975, c. 320; 1976, c. 598; 1978, cc. 120, 222, 489, 729; 1982, cc. 118, 255; 1984, cc. 178, 590; 1988, c. 577; 1990, c. 963; 1993, cc. 171, 442; 1994, c. 28 , § 45.1-161.14; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1617 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 2 / Section 45.2-1617
Voluntary pooling of interests in drilling units; validity of unit agreements
Status: in_force

A. If two or more separately owned tracts are embraced within a drilling unit, or if there are separately owned interests in all or a part of any such drilling unit, the gas or oil owners owning such interests may pool their interests for the development and operation of the drilling unit by voluntary agreement. Such agreement may be based on the exercise of pooling rights or rights to establish drilling units that are granted in any gas or oil lease.

B. No voluntary pooling agreement between or among gas or oil owners shall be held to violate the statutory or common law of the Commonwealth that prohibits monopolies or acts, arrangements, contracts, combinations, or conspiracies in restraint of trade or commerce.

1982, c. 347, § 45.1-302; 1987, c. 452; 1989, c. 529; 1990, c. 92, § 45.1-361.18; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-715 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 4 / Section 45.2-715
Examination and testing of roof, face, and ribs
Status: in_force

A. The operator or his agent shall instruct every miner on how to visually examine and conduct sound and vibration testing of roof, face, and ribs.

B. Any miner exposed to danger from a fall of roof, face, or ribs shall visually examine and, if conditions permit, test the roof, face, and ribs by sounding the roof before starting work or before starting a machine and as needed thereafter to ensure safety. If hazardous conditions are found, the miner discovering such conditions shall either (i) correct the conditions immediately by taking down the loose material, installing proper timbering, or installing proper roof support before work is continued or any other work is done or (ii) cause all miners to vacate the place.

C. At least once each shift, or more often if necessary, the mine foreman or other certified person shall examine and test the roof, face, and ribs of each active working section where coal is being produced while one or more miners are working in such section. Any place in which a hazardous condition is found by the mine foreman shall be made safe in his presence or under his direction or all miners shall be withdrawn from such place. Such hazardous condition and corrective actions taken shall be recorded in the on-shift record book at the mine.

Code 1950, §§ 45-61, 45-68.1; 1954, c. 191; 1966, c. 594, § 45.1-42; 1976, c. 598; 1978, c. 118; 1994, c. 28 , § 45.1-161.116; 1996, c. 774 ; 1999, c. 256 ; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1723 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 6 / Section 45.2-1723
(Effective until July 1, 2029) Declaration of public purpose; exemption from taxation
Status: in_force

A. The exercise of the powers granted by this article shall be in all respects for the benefit of the citizens of the Commonwealth and for the promotion of their welfare, convenience, and prosperity.

B. The Authority shall be deemed to be performing an essential governmental function in the exercise of the powers conferred upon it by this article, and the property of the Authority and its income and operations shall be exempt from taxation or assessments upon any property acquired or used by the Authority under the provisions of this article.

2019, cc. 555 , 556 , § 67-1606; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1032 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 4 / Section 45.2-1032
Abandoned Mine Reclamation Fund
Status: in_force

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Abandoned Mine Reclamation Fund, referred to in this article as "the Fund." The Fund shall be established on the books of the Comptroller and shall be administered by the Director.

B. All funds granted by the Secretary for purposes of conducting the approved State Reclamation Plan and annual reclamation projects; use fees charged for uses of lands acquired or reclaimed pursuant to this article, after expenditures for maintenance have been deducted; moneys recovered through the satisfaction of liens filed against privately owned land pursuant to this article; moneys recovered from sale of lands acquired by the Director pursuant to this article; and donations made for the purposes of this article and other moneys made available or appropriated to the Director for such purposes shall be paid into the state treasury and credited to the Fund.

C. 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.

D. Moneys in the Fund shall be used solely for the purpose of carrying out the State Reclamation Program as approved by the Secretary. 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.

1979, c. 290, § 45.1-261; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1133 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 4 / Section 45.2-1133
Making false statements; penalty
Status: in_force

It is unlawful for any person responsible for making any map or other data to be furnished pursuant to the Act to (i) fail to correctly show, within the limits of error, the data required or (ii) knowingly make any false statement or return in connection with such map or other data. A violation of this section is a misdemeanor, and a person convicted of violating this section shall be fined not less than $50 and not more than $200.

1997, c. 390 , § 45.1-161.292:39; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1160 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 8 / Section 45.2-1160
Injunctive relief
Status: in_force

A. Any person violating or failing, neglecting, or refusing to obey a closure order may be compelled in a proceeding instituted by the Director in any appropriate circuit court to obey such order and to comply therewith by injunction or other appropriate relief.

B. Any person failing to abate any violation of this chapter or Chapter 14 (§ 45.2-1400 et seq.) or 15 (§ 45.2-1500 et seq.) that has been cited in a notice of violation within the time period provided in such notice for its abatement may be compelled in a proceeding instituted by the Director in any appropriate circuit court to abate such violation as provided in such notice, and to cease the operation of the mine at which such violation exists until the violation has been abated, by injunction or other appropriate remedy.

C. The Director may file a bill of complaint with any appropriate circuit court asking the court to temporarily or permanently enjoin a person from operating a mine in the Commonwealth or contracting for work at a mine in the Commonwealth, to be granted upon a finding by a preponderance of the evidence that (i) a history of noncompliance by the person demonstrates that he is not able or willing to operate in compliance with the provisions of the Act or (ii) a history of the issuance of closure orders to the person demonstrates that he is not able or willing to operate in compliance with the provisions of the Act.

1997, c. 390 , § 45.1-161.292:66; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-122 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 3 / Section 45.2-122
Annual report
Status: in_force

The Bank shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Bank no later than the first day of each regular session of the General Assembly, including a breakdown of the use of funds in the prior year. The executive summary shall be submitted as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website. The executive summary shall include information regarding efforts supported by the Bank.

2026, cc. 1125 , 1126 .
Va. Code Ann. § 45.2-1301 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 13 / Article 1 / Section 45.2-1301
Dams and mine refuse piles; construction
Status: in_force

A. Any water-retaining or silt-retaining dam or mine refuse pile or modification of an existing water-retaining or silt-retaining dam or mine refuse pile shall be designed and constructed by or under the direction of a qualified engineer if such dam or pile is designed to impound water or silt to a height of (i) five feet or more above the lowest natural ground level within the impounded area and has a storage volume of 50 acre-feet or more or (ii) 20 feet or more, regardless of storage volume.

B. Designs, construction specifications, and other related data, including final abandonment plans, for a water-retaining or silt-retaining dam or mine refuse pile shall be approved and certified by the qualified engineer as specified in subsection A and by the licensed operator or his agent.

C. The designs, construction specifications, and other related data approved and certified in accordance with subsection B shall be submitted for approval to the Director. If the Director approves the submittal, he shall notify the licensed operator in writing. If the Director disapproves the submittal, he shall notify the licensed operator with his written objections and required amendments. The Director shall approve or disapprove the submittal within 30 days following receipt thereof.

1997, c. 390 , § 45.1-225.1; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1021 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1021
Civil and criminal penalties
Status: in_force

A. Any permittee who violates any permit condition or any other provision of this chapter or the regulations adopted hereunder may be assessed a civil penalty by the Director, except that if such violation leads to the issuance of a cessation order, the civil penalty shall be assessed. Such penalty shall not exceed $5,000 for each violation except that if the violation resulted in a personal injury or fatality to any person, then the civil penalty shall not exceed $70,000 for each violation. Each day of continuing violation may be deemed a separate violation for the purposes of assessing penalties. In determining the amount of the penalty, consideration shall be given to the permittee's history of previous violations at the particular coal surface mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation.

B. A civil penalty may be assessed by the Director only after the person charged with a violation has been given an opportunity for a public hearing. After such public hearing has been held, the Director shall make findings of fact and issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating therein, when appropriate, an order requiring that the penalty be paid. When appropriate, the Director shall consolidate such hearing with other proceedings pursuant to the provisions of this chapter. Any hearing under this section shall be a formal adjudicatory hearing in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). If the person charged with such violation fails to avail himself of the opportunity for a public hearing, a civil penalty shall be assessed by the Director after the Director determines that a violation has occurred and the amount of the penalty warranted and issues an order requiring that the penalty be paid.

C. Upon the issuance of a notice or order charging that a violation described under subsection A has occurred, the Director shall inform the permittee within 30 days of the proposed amount of the penalty. Such permittee shall, within 30 days of being so informed, pay the proposed penalty in full or, if the permittee contests either the amount of the penalty or the fact of the violation, forward the proposed amount to the Director for placement in an interest-bearing trust account in the state treasury. Failure to forward the money to the Director within 30 days constitutes a waiver of all legal rights to contest the violation or the amount of the penalty. If through administrative or judicial review of the proposed penalty it is determined that no violation occurred or that the amount of the penalty will be reduced, the Director shall within 30 days of such determination remit the appropriate amount to the permittee with accrued interest thereon.

D. If a permittee required to pay a civil penalty fails to do so, the Director may transmit a true copy of the final order assessing such penalty to the clerk of the court of any county or city wherein it is ascertained that the permittee owing the penalty has any estate; and the clerk to whom such copy is sent shall record such final order, as a judgment is required by law to be recorded, and index it in the name of the Commonwealth and the name of the person owing the penalty. Upon such recording and indexing, there shall be a lien in favor of the Commonwealth on the property of the permittee within such county or city in the amount of the penalty. The Director may collect civil penalties that are owed in the same manner as provided by law in respect to judgment of a court of record. All civil penalties shall be paid into a special fund in the state treasury to be used by the Director for enhancing conservation and recreational opportunities in the coal-producing counties of the Commonwealth. The Director shall transfer quarterly 50 percent of the fund balance to the Virginia Coalfield Economic Development Authority, created pursuant to Chapter 60 (§ 15.2-6000 et seq.) of Title 15.2, for the purposes of developing infrastructure and improvements at Breaks Interstate Park and 50 percent of the fund balance to the Heart of Appalachia Tourism Authority for the purpose of developing conservation and recreational opportunities consistent with the provisions of Chapter 55 (§ 15.2-5500 et seq.) of Title 15.2.

E. Any person who willfully and knowingly (i) conducts any coal surface mining or coal exploration operation without first obtaining a permit, or after a permit has lapsed, or after suspension or revocation of a permit; (ii) violates a condition of a permit issued pursuant to this chapter; or (iii) disregards or fails or refuses to comply with any regulation adopted or order issued pursuant to the provisions of this chapter, except an order incorporated in a decision under subsection B, shall upon conviction be punished by a fine of not more than $10,000, by confinement in jail for not more than 12 months, or both.

F. Whenever a corporate permittee violates a condition of a permit or disregards or fails or refuses to comply with any order issued under this chapter, except an order incorporated in a decision issued under subsection B, any director, officer, or agent of such corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal is subject to the same civil penalties, fines, and confinement in jail to which a person may be subject under subsections A and E.

G. Whoever knowingly makes any false statement, representation, or certification, or knowingly fails to make any required statement, representation, or certification, in any application, objection, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, any regulation adopted hereunder, or any order or decision issued by the Director under this chapter shall upon conviction be punished by a fine of not more than $10,000, by confinement in jail for not more than 12 months, or both.

H. Any operator who within the period permitted for the correction of such violation fails to correct a violation for which a notice or order has been issued shall be assessed a civil penalty of not less than $750 for each day during which such failure or violation occurs. Such period for the correction of a violation shall not end until the entry of (i) a final order by the Director, in the case of any review proceedings initiated by the operator wherein the Director orders, after an expedited hearing, the suspension of the abatement requirements of the notice or order after determining that the operator is likely to suffer irreparable loss or damage from the application of such requirements or (ii) an order of the court, in the case of any review proceedings initiated by the operator wherein the court orders the suspension of the abatement requirements.

1979, c. 290, § 45.1-246; 1980, c. 510; 1993, c. 663; 2005, c. 3 ; 2021, Sp. Sess. I, cc. 384 , 387 .
Va. Code Ann. § 45.2-2110 — Virginia Code / Title 45.2 / Subtitle V / Chapter 21 / Article 3 / Section 45.2-2110
Permit for exploration activity required; fee
Status: in_force

A. It is unlawful for any person to commence any exploration activity without first obtaining a permit to do so from the Director. The application for the permit shall be in a form the Director prescribes and shall be accompanied by a fee of $250 and by any other information required by this article.

B. The application for a permit to carry out exploration activity shall be accompanied by a bond, payable to the Commonwealth, with surety acceptable to the Director. The bond shall ensure compliance with the provisions of this article and any regulations adopted hereunder relating to the drilling, redrilling, plugging, or abandoning of any exploration activity. The bond shall be set by the Director in an amount deemed reasonable and necessary.

C. An initial permit shall be valid for a period of one year and may be renewed annually.

1982, c. 269, § 45.1-274; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1148 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 7 / Section 45.2-1148
Frequency of mine inspections
Status: in_force

A. The Director shall conduct a complete inspection of each underground mineral mine at least every 180 days, and of any surface mineral mine that is not inspected by MSHA at least once per year. An additional inspection of such mineral mine shall be made when deemed appropriate by the Director based on an evaluation of risks at such mine or if requested by miners employed at a mine or the licensed operator of a mine.

B. The Director shall not conduct an inspection of a surface mineral mine that is inspected by MSHA; however, a mine inspector or other employee of the Department may enter such mine in order to (i) respond to a complaint of a violation of the Act; (ii) respond to and investigate any serious personal injury or death; and (iii) with the consent of the licensed operator, conduct training programs.

C. The Director shall determine whether a particular surface mineral mine is inspected by MSHA. The Director shall make such determination based on information provided by MSHA and Department records.

D. The Director shall request representatives of MSHA to serve with Department personnel on a joint committee of cooperation. The committee shall include the Director of the Division and such additional Division employees as the Director designates. The committee shall meet at least twice annually at the call of the Director for the purpose of facilitating communication and resolving discrepancies regarding the inspection responsibilities of state and federal agencies with respect to surface mineral mines in the Commonwealth.

1997, c. 390 , § 45.1-161.292:54; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-514 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 2 / Section 45.2-514
Technical specialists
Status: in_force

The Director may appoint technical specialists in the areas of roof control, electricity, ventilation, and other mine specialties. Each technical specialist shall have all the qualifications of a mine inspector plus the specialized knowledge required in his field. A technical specialist shall advise the Director and mine operators in the areas of his specialty and shall have the power of an inspector to issue a closure order only in a case of imminent danger.

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 , § 45.1-161.23; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1031 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 4 / Section 45.2-1031
State Reclamation Program
Status: in_force

A. The Commonwealth's program for the reclamation of land and water adversely affected by past mining shall include the State Reclamation Plan, the Abandoned Mine Reclamation Fund created pursuant to § 45.2-1032 , and annual reclamation projects, as provided for in this article.

B. The Director is authorized to develop and submit to the Secretary for approval a State Reclamation Plan in accordance with the provisions of Title IV of the federal act and of this article. The plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the programmatic capability of the Division to perform such work, and shall include such regulations, policies, and procedures as may be necessary to establish and implement the plan and annual reclamation projects and to carry out the provisions of this article. The Director may from time to time develop and submit to the Secretary amendments and revisions to the plan consistent with this article.

C. The Director may:

1. Prepare and submit to the Secretary annual applications for the support of the State Reclamation Program and implementation of specific reclamation projects;

2. Enter into agreements with the Secretary for the emergency restoration, reclamation, abatement, control, or prevention of the adverse effects of coal mining practices;

3. Administer the State Reclamation Plan and annual reclamation projects and receive and administer grants from the Secretary therefor; and

4. Prepare and submit such information and reports as the Secretary requests.

D. The Director and the Department, in carrying out the functions of preparing and revising the State Reclamation Plan and developing annual reclamation projects, shall provide appropriate opportunities for public involvement.

1979, c. 290, § 45.1-260; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1711 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 4 / Section 45.2-1711
Schedule for the Plan
Status: in_force

A. The Division shall complete the Plan.

B. Prior to the completion of the Plan and each update thereof, the Division shall present drafts to, and consult with, the Virginia Coal and Energy Commission established pursuant to Chapter 25 (§ 30-188 et seq.) of Title 30 and the Energy Commission of Virginia established pursuant to Chapter 31 (§ 30-201 et seq.) of Title 30.

C. The Plan shall be updated by the Division and submitted as provided in § 45.2-1713 by October 1, 2014, and every fourth October 1 thereafter. In addition, the Division shall provide interim updates on the Plan by October 1 of the third year of each Governor's administration. Updated reports shall specify any progress attained toward each proposed action of the Plan, as well as reassess goals for energy conservation on the basis of progress to date in meeting the goals in the previous Plan and lessons learned from attempts to meet such goals.

D. Beginning with the Plan update in 2014, the Division shall include a section setting forth energy policy positions relevant to any potential regulations proposed or promulgated by the State Air Pollution Control Board to reduce carbon dioxide emissions from fossil fuel-fired electric generating units under § 111(d) of the federal Clean Air Act, 42 U.S.C. § 7411(d). In such section of the Plan, the Division shall address policy options for establishing separate standards of performance pursuant to § 111(d) of the federal Clean Air Act, 42 U.S.C. § 7411(d), for carbon dioxide emissions from existing fossil fuel-fired electric generating units to promote the Plan's overall goal of fuel diversity as follows:

1. The Plan shall address policy options for establishing the standards of performance for existing coal-fired electric generating units, including the following factors:

a. The most suitable system of emission reduction that (i) takes into consideration (a) the cost and benefit of achieving such reduction, (b) any non-air quality health and environmental impacts, and (c) the energy requirements of the Commonwealth and (ii) has been adequately demonstrated for coal-fired electric generating units that are subject to the standard of performance;

b. Reductions in emissions of carbon dioxide that can be achieved through measures reasonably undertaken at each coal-fired electric generating unit; and

c. Increased efficiencies and other measures that can be implemented at each coal-fired electric generating unit to reduce carbon dioxide emissions from the unit without converting from coal to other fuels, co-firing other fuels with coal, or limiting the utilization of the unit.

2. The Plan shall also address policy options for establishing the standards of performance for existing gas-fired electric generating units, including the following factors:

a. The application of the criteria specified in subdivisions 1 a and b to natural gas-fired electric generating units instead of to coal-fired electric generating units; and

b. Increased efficiencies and other measures that can be reasonably implemented at the unit to reduce carbon dioxide emissions from the unit without switching from natural gas to other lower-carbon fuels or limiting the utilization of the unit.

3. The Plan shall examine policy options for state regulatory action to adopt less stringent standards or longer compliance schedules than those provided for in applicable federal rules or guidelines based on analysis of the following:

a. Consumer impacts, including any disproportionate impacts of energy price increases on lower-income populations;

b. Unreasonable cost of reducing emissions resulting from plant age, location, or basic process design;

c. Physical difficulties with or impossibility of implementing emission reduction measures;

d. The absolute cost of applying the performance standard to the unit;

e. The expected remaining useful life of the unit;

f. The economic impacts of closing the unit, including expected job losses, if the unit is unable to comply with the performance standard; and

g. Any other factors specific to the unit that make application of a less stringent standard or longer compliance schedule more reasonable.

4. The Plan shall identify options, to the maximum extent permissible, for any federally required regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units and regulatory mechanisms that provide flexibility in complying with such standards, including the averaging of emissions, emissions trading, or other alternative implementation measures that are determined to further the interests of the Commonwealth and its citizens.

2006, c. 939 , § 67-202; 2008, cc. 651 , 883 ; 2014, cc. 161 , 419 , 603 , 756 ; 2021, Sp. Sess. I, cc. 326 , 387 ; 2026, c. 949 .
Va. Code Ann. § 45.2-523 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-523
Coal Mining Examiners' Fund
Status: in_force

There is hereby created in the state treasury a special nonreverting fund to be known as the Coal Mining Examiners' 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 § 45.2-524 , together with moneys collected pursuant to §§ 45.2-525 and 45.2-526 , 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 covering the costs of administering the miner certification, the cost of printing certificates and other necessary forms, and the incidental expenses incurred by the Board in conducting examinations, reviewing examination papers, and conducting its other duties pursuant to this article. 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 Chief. The Chief shall keep accounts and records concerning the receipts and expenditures of the Fund as required by the Auditor of Public Accounts.

Code 1950, §§ 45-24, 45-25; 1954, c. 191; 1966, c. 594, §§ 45.1-8, 45.1-9; 1972, c. 440; 1978, c. 120; 1984, c. 590; 1994, c. 28 , § 45.1-161.31; 1996, c. 774 ; 2007, cc. 894 , 914 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1126 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 11 / Article 4 / Section 45.2-1126
Application for license
Status: in_force

A. Each application for a license shall be submitted by the person who will be the licensed operator of the mine. No application for a license or a renewal thereof is complete unless it contains the following:

1. The identity of the applicant. The applicant shall state (i) the name and address of the mine and its federal mine identification number, (ii) the name and address of the person with overall responsibility for operating decisions at the mine, (iii) the name and address of the person with overall responsibility for health and safety at the mine, and (iv) the federal mine identification number of every other mine in which the applicant has a 20 percent or greater ownership interest;

2. If the applicant is a sole proprietorship, in addition to the information required by subdivision 1, (i) his full name and address and (ii) the trade name, if any, and the full name, address of record, and telephone number of the proprietorship;

3. If the applicant is a partnership, in addition to the information required by subdivision 1, (i) the full name and address of each partner; (ii) the trade name, if any, and the full name and address of record and telephone number of the partnership; and (iii) the federal mine identification number of every other mine in which any partner has a 20 percent or greater ownership interest;

4. If the applicant is a corporation, in addition to the information required by subdivision 1, (i) the full name, address of record, and telephone number of the corporation and the state of incorporation; (ii) the full name and address of each officer and director of the corporation; (iii) the full name, address, and state of incorporation of the parent corporation if the corporation is a subsidiary corporation; and (iv) the federal mine identification numbers of every other mine in which any corporate officer has a 20 percent or greater ownership interest;

5. If the applicant is any organization other than a sole proprietorship, partnership, or corporation, in addition to the information required by subdivision 1, (i) the nature and type, or legal identity, of the organization; (ii) the full name, address of record, and telephone number of the organization; (iii) the name and address of each individual who has an ownership interest in the organization; (iv) the name and address of the principal organization officials or members; and (v) the federal mine identification number of every other mine in which any official or member has a 20 percent or greater ownership interest;

6. The name and address of any agent of the applicant with responsibility for the business operation of the mine, and any person with an ownership or leasehold interest in the minerals to be mined;

7. The following information about each independent contractor working at the mine: (i) the independent contractor's trade name, business address, and business telephone number; (ii) a description of the nature of the work to be performed by the independent contractor and where at the mine the work is to be performed; (iii) the independent contractor's MSHA identification number, if any; (iv) the independent contractor's address of record for service of citations and other documents; (v) the names and addresses of persons with overall responsibility for operating decisions; and (vi) the names and addresses of persons with overall responsibility for the health and safety of employees;

8. The names and addresses of persons to be contacted in the event of an accident or other emergency at the mine;

9. Any information required by the Department that is relevant to an assessment of the safety and health risks likely to be associated with the operation of the mine; and

10. For any license renewal, the annual report required pursuant to § 45.2-1129 .

B. The application shall be certified as being complete and accurate by the applicant, if an individual; by the agent of a corporate applicant; or by a general partner of an applicant that is a partnership. The application shall be submitted on forms furnished or approved by the Department.

C. Within 30 days after the occurrence of any change in the information required by subsection A, the licensed operator shall notify the Department in writing of such change.

1997, c. 390 , § 45.1-161.292:32; 1998, c. 695 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-703 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 2 / Section 45.2-703
Duties of mine foreman
Status: in_force

A. The mine foreman shall see that the requirements of the Act that pertain to his duties and to the health and safety of the miners are fully complied with at all times.

B. The mine foreman shall see that every miner employed to work in such mine, before beginning work therein, is aware of all hazardous conditions incident to his work in such mine. Any imminent danger that cannot be removed within a reasonable time shall be reported to the Chief by the quickest available means.

Code 1950, §§ 45-35, 45-40; 1954, c. 191; 1966, c. 594, § 45.1-17; 1978, c. 729; 1993, c. 170; 1994, c. 28 , § 45.1-161.249; 1996, c. 774 ; 1999, c. 256 ; 2015, cc. 103 , 397 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1706.1 — Virginia Code / Title 45.2 / Subtitle V / Chapter 17 / Article 3 / Section 45.2-1706.1
Commonwealth Clean Energy Policy
Status: in_force

A. The Commonwealth recognizes that effectively addressing climate change and enhancing resilience will advance the health, welfare, and safety of the residents of the Commonwealth. The Commonwealth further recognizes that addressing climate change requires reducing greenhouse gas emissions across the Commonwealth's economy sufficient to reach net-zero emission by 2045 in all sectors, including the electric power, transportation, industrial, agricultural, building, and infrastructure sectors. To achieve these objectives, it shall be the policy of the Commonwealth to:

1. Develop energy resources necessary to produce 30 percent of Virginia's electricity from renewable energy sources by 2030 and 100 percent of Virginia's electricity from carbon-free sources by 2040;

2. Enable widespread integration of distributed energy resources, including energy storage and rooftop solar, into the grid to achieve decarbonization and to enhance resilience;

3. Support the distributed generation of renewable electricity by:

a. Encouraging private sector investments in distributed renewable energy;

b. Increasing the security of the electricity grid by supporting distributed renewable energy projects and energy storage with the potential to supply electric energy to critical facilities during a widespread power outage; and

c. Enhancing the ability of private property owners to generate their own renewable energy for their own personal use from renewable energy sources on their property;

4. Lead by example in state government by supporting the carbon-free energy resources required to fully decarbonize the electric power supply of the Commonwealth, including deploying 30 percent renewables by 2030, realizing 100 percent carbon-free electric power by 2040, and achieving net zero emissions by 2045;

5. Maximize energy efficiency programs as defined in § 56-576 , to the extent determined to be in the public interest, that are the lowest-cost energy option to reduce greenhouse gas emissions, in order to produce electricity cost savings and to create jobs and economic opportunity from the energy efficiency sector;

6. Support net-zero emission targets by promoting zero-emission vehicles and infrastructure, including electrified transport, decreasing the carbon intensity of the transportation sector, encouraging alternative transportation options, and increasing the efficiency of motor vehicles operating on Virginia's roads;

7. Support electric distribution grid transformation projects as defined in § 56-576 ;

8. Promote building and construction practices that reduce emissions associated with built environment, including energy efficiency targets, new building standards, and transit-oriented and other sustainable development practices; and

9. Ensure that energy development projects avoid, minimize, and, if necessary, mitigate damage to the Commonwealth's natural and cultural resources.

B. The Commonwealth recognizes the need to promote environmental justice and ensure that it is carried out throughout the Commonwealth, as provided in § 2.2-235 , and the need to address and prevent energy inequities in historically economically disadvantaged communities, as defined in § 56-576 . To achieve these objectives, it shall be the policy of the Commonwealth to:

1. Recognize the disproportionate and inequitable impacts of climate change on historically economically disadvantaged communities and prioritize solutions and investment in these communities to maximize the benefits of clean energy and minimize the burdens of climate change;

2. Ensure the fair treatment and meaningful involvement, as those terms are defined in § 2.2-234 , of all people regardless of race, color, national origin, faith, disability, or income with respect to the administration of energy laws, regulations, and policies; and

3. Increase access to clean energy and the benefits from clean energy to historically economically disadvantaged communities.

C. As Virginia transforms its energy economy, the Commonwealth must continue to prioritize economic competiveness and workforce development in an equitable manner. To achieve this objective, it shall be the policy of the Commonwealth to:

1. Equitably incorporate requirements for technical, policy, and economic analyses and assessments that recognize the unique attributes of different energy resources and delivery systems to identify pathways to net-zero carbon that maximize Virginia's energy reliability and resilience, economic development, and jobs;

2. Require that pathways to net-zero greenhouse gas emissions be determined on the basis of technical, policy, and economic analysis to maximize their effectiveness, optimize Virginia's economic development, support industrial employment, and create quality jobs while minimizing adverse impacts on public health, affected communities, and the environment;

3. Ensure an adequate energy supply and a Virginia-based energy production capacity, while also optimizing intrastate and interstate use of energy supply and delivery to maximize energy availability, reliability, and price opportunities to the benefit of all user classes and the Commonwealth's economy;

4. Increase wind energy development and grow the Commonwealth's role as a wind industry hub for offshore wind generation projects in state and federal waters off the United States coast;

5. Ensure the availability of reliable energy at costs that are reasonable and in quantities that will support the Commonwealth's economy;

6. Ensure reliable energy availability in the event of a disruption occurring to a portion of the Commonwealth's energy matrix and to address the needs of businesses during the transition to clean energy;

7. Minimize the Commonwealth's long-term exposure to volatility and increases in world energy prices by expanding the use of innovative clean energy technology within the Commonwealth;

8. Create training opportunities and green career pathways for local workers and workers in historically economically disadvantaged communities in onshore and offshore wind, solar energy, electrification, energy efficiency, clean transportation, and other emerging clean energy industries;

9. Support the repurposing and development of clean energy resources on previously developed project sites as defined in § 56-576 ;

10. Ensure that decision making is transparent and includes opportunities for full participation by the public;

11. Explore approaches to maximizing and leveraging the capacity of lands and waters in the Commonwealth to store energy; and

12. Increase the Commonwealth's reliance on and production of sustainably produced biofuels made from traditional agricultural crops and other feedstocks, such as winter cover crops, warm season grasses, fast-growing trees, algae, or other suitable feedstocks grown in the Commonwealth, that will (i) create jobs and income, (ii) produce clean-burning fuels that will help to improve air quality, and (iii) provide the new markets for Virginia's silvicultural and agricultural products needed to preserve farm employment, conserve farmland and forestland, and increase implementation of silvicultural and agricultural best management practices to protect water quality.

D. The elements of the policy set forth in subsections A, B, and C shall be referred to collectively in this title as the Commonwealth Clean Energy Policy.

E. All agencies and political subdivisions of the Commonwealth, in taking discretionary action with regard to energy issues, shall recognize the elements of the Commonwealth Clean Energy Policy and, where appropriate, shall act in a manner consistent therewith.

F. The Commonwealth Clean Energy Policy is intended to provide guidance to the agencies and political subdivisions of the Commonwealth in taking discretionary action with regard to energy issues and shall not be construed to amend, repeal, or override any contrary provision of applicable law. Nothing in this section shall preclude reliable access to electricity and natural gas during the transition to renewable energy. The failure or refusal of any person to recognize the elements of the Commonwealth Clean Energy Policy, to act in a manner consistent with the Commonwealth Clean Energy Policy, or to take any other action whatsoever shall not create any right, action, or cause of action or provide standing for any person to challenge the action of the Commonwealth or any of its agencies or political subdivisions.

2021, Sp. Sess. I, cc. 326 , 327 .
Va. Code Ann. § 45.2-600 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 6 / Article 1 / Section 45.2-600
Consent required before working mine near land of another
Status: in_force

No owner or tenant of any land containing coal within the Commonwealth shall open or sink, dig, excavate, or work in any mine on such land within five feet of the line dividing such land from that of another person without the written consent of every person interested in or having title to such adjoining lands or mineral rights in possession, reversion, or remainder, or of the guardian of any such person if the person is under a disability. Any person who violates this section shall forfeit $500 to any person injured by such activity and to anyone whose consent is required but not obtained.

Code 1950, § 45-91; 1966, c. 594, § 45.1-102; 1978, c. 118; 1994, c. 28 , § 45.1-161.310; 1997, c. 390 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-528 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-528
Board action; suspend, revoke, or take other action
Status: in_force

A. The Board of Coal Mining Examiners may suspend, revoke, or take other action regarding any certificate upon finding that (i) the holder has (a) failed to comply with the continuing education requirements within the period following the suspension of the certificate as provided in § 45.2-527 , (b) been intoxicated while on duty, (c) neglected his duties, (d) violated any provision of the Act or any other coal mining law of the Commonwealth, or (e) used any controlled substance without the prescription of a licensed prescriber or (ii) other sufficient cause exists. The Board shall also suspend, revoke, or take other action regarding the first-class mine foreman certificate of any mine foreman who fails to display a thorough understanding of the roof control plan and ventilation for the area of the mine that he is responsible for implementing when examined on-site by a mine inspector in accordance with guidelines adopted by the Board. In such a case, the Board shall make a determination, based on evidence presented by interested parties, of whether the mine foreman had a thorough knowledge of such plans at the time of his examination by the mine inspector.

B. The Board may act to suspend, revoke, or take other action regarding any certificate upon the presentation of written charges alleging prohibited conduct set forth in subsection A by (i) the Chief or the Director or his designated agent; (ii) the operator of a mine at which such person is employed; or (iii) 10 persons employed at the mine at which such person is employed, or, if fewer than 10 persons are employed at the mine, a majority of the employees at the mine. The Board may act on its own initiative to suspend, revoke, or take other action on any certificate for grounds set forth in clause (i)(a) of subsection A.

C. Any person holding a certificate issued by the Board shall report to the Chief within 30 days of any criminal conviction in any court of competent jurisdiction for possession or use of any controlled substance without the prescription of a licensed prescriber. This conviction shall result in the immediate temporary suspension of all certificates held by such person pending a hearing before the Board.

D. Any miner present at any mine shall be deemed to have given consent to reasonable search, at the direction of the Chief by employees of the Department, of his person and his personal property located at the mine. Such search shall be limited to the investigation of potential violations of the Act.

E. All information regarding substance abuse test results of certified persons, written or otherwise, received by the Department or Board shall be confidential. Any hearing of the Board in which such information is presented shall be conducted as a closed session in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

F. An affirmative vote of a majority of members of the Board who are qualified to vote is required for any action to suspend, revoke, or take other action regarding a certificate.

G. Prior to suspending, revoking, or taking other action regarding a certificate, the Board shall give due notice to the holder of the certificate and conduct a hearing. Any hearing shall be conducted in accordance with § 2.2-4020 unless the parties agree to informal proceedings. The hearing may be conducted by the Board or, in the Board's discretion, by a hearing officer as provided in Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.

H. Any hearing conducted after the temporary suspension of a miner's certificate due to (i) a criminal conviction in any court of competent jurisdiction for possession or use of any controlled substance without the prescription of a licensed prescriber as provided for in subsection C, (ii) a failure to pass a substance abuse test required by the Chief pursuant to § 45.2-556 , (iii) a failure to pass a pre-employment substance abuse screening test, (iv) a discharge for violation of the company's substance or alcohol abuse policies, (v) a positive test for the use of any controlled substance without the prescription of a licensed prescriber, (vi) a positive test for intoxication while on duty status, or (vii) a failure to complete a substance abuse program pursuant to § 45.2-565 shall be conducted within 60 days of the temporary suspension. The Board shall make every effort to hold the hearing within 40 days of the temporary suspension.

I. Any person who has been aggrieved by a decision of the Board shall be entitled to judicial review of such decision. Appeals from such decisions shall be conducted in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.

Code 1950, §§ 45-29, 45-31; 1954, c. 191; 1966, c. 594, § 45.1-13; 1978, c. 729; 1994, c. 28 , § 45.1-161.35; 2004, c. 855 ; 2007, cc. 894 , 914 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-114 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 3 / Section 45.2-114
Virginia Clean Energy Innovation Bank; Bank Advisory Board
Status: in_force

A. The Virginia Clean Energy Innovation Bank is established in the Department. The purpose of the Bank is to accelerate the deployment of clean energy projects, greenhouse gas emissions reduction projects, and other qualified projects through the strategic deployment of public funds in the form of grants, loans, credit enhancements, and other financing mechanisms in order to leverage existing public and private sources of capital to reduce the upfront and total cost of qualified projects and to overcome financial barriers to project adoption, especially in low-income communities.

B. 1. The Virginia Clean Energy Innovation Bank Advisory Board (the Bank Advisory Board) is established as an advisory board in the executive branch of state government for the purpose of advising, overseeing, and making advisory recommendations related to the Virginia Clean Energy Innovation Bank and its effectiveness in fulfilling the purposes described subsection A.

2. The Bank Advisory Board shall have a total membership of eight members that shall consist of six nonlegislative citizen members and two ex officio members. Nonlegislative citizen members shall be appointed as follows: two members to be appointed by the Senate Committee on Rules, two members to be appointed by the Speaker of the House of Delegates, and two members to be appointed by the Governor. Each nonlegislative citizen member shall have expertise in matters relevant to the Bank. The Director and the Chief Executive Officer of the Virginia Economic Development Partnership Authority, or their designees, shall serve ex officio with voting privileges. Nonlegislative citizen members of the Board shall be citizens of the Commonwealth.

3. The nonlegislative citizen members of the Bank Advisory Board shall be appointed for five-year staggered terms. Each ex officio member of the Bank Advisory Board shall serve a term coincident with his term of office. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired term. Vacancies shall be filled in the same manner as the original appointments. No person shall serve more than two consecutive terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.

4. The Bank Advisory Board shall annually elect a chair and vice-chair from among its membership and shall formulate rules for its organization and procedure. A majority of the members shall constitute a quorum.

5. The nonlegislative citizen members of the Bank Advisory Board shall serve without compensation or reimbursement for expenses incurred in the performance of their duties.

2026, cc. 1125 , 1126 .
Va. Code Ann. § 45.2-906 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 9 / Article 3 / Section 45.2-906
Personal protection devices and practices
Status: in_force

A. Every person at a surface coal mine shall wear the following protection in the specified conditions:

1. A hard hat in and around any area of a mine where falling objects could cause injury.

2. Hard-toed footwear in and around a mine.

3. Safety goggles or a shield where there is a hazard of flying material.

4. A protective shield or goggles when welding.

5. Snug-fitting clothes when working around moving parts or machinery.

6. Gloves where the hands could be injured. Gauntlet cuffed gloves are prohibited around moving machinery.

B. The operator shall supply ear protection to any miner upon request.

C. Every person assigned to or performing duties at a surface mine work area shall wear reflective material adequate to make the person visible from all sides Such reflective material shall be placed on the hard hat and at least one other item of outer clothing, such as a belt, suspenders, a jacket, a coat, coveralls, a shirt, pants, or a vest.

Code 1950, §§ 45-72, 45-86; 1954, c. 191; 1966, c. 594, §§ 45.1-26, 45.1-99; 1978, cc. 489, 729; 1994, c. 28 , § 45.1-161.259; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-302 — Virginia Code / Title 45.2 / Subtitle I / Chapter 3 / Section 45.2-302
Governor to act as representative to Interstate Oil Compact Commission
Status: in_force

A. The Governor is hereby designated as the official representative of the Commonwealth on the Interstate Oil Compact Commission (the Commission) provided for in the compact ratified by this chapter. The Governor shall exercise and perform for the Commonwealth all powers and duties imposed by the compact upon representatives to the Commission.

B. The Director of the Department of Energy is hereby designated as the assistant representative and shall act as the official representative of the Commonwealth on the Commission when the authority to so act is delegated to him by the Governor.

1982, c. 570, § 45.1-382; 1984, c. 590; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-526 — Virginia Code / Title 45.2 / Subtitle II / Part A / Chapter 5 / Article 3 / Section 45.2-526
Reciprocal acceptances of other certifications
Status: in_force

A. In lieu of conducting an examination prescribed by law or regulation, the Board of Coal Mining Examiners may issue to any person holding a certificate issued by another state a certificate permitting him to perform similar tasks in the Commonwealth, so long as (i) the Board finds that the requirements for certification in such state are substantially equivalent to those of the Commonwealth and (ii) holders of certificates issued by the Board are permitted to perform similar tasks in such state, and obtain similar certification from such state if required, upon presentation of the certificate issued by the Board and without additional testing, training, or other requirements not directly related to program administration.

B. If the issuing authority in another state has revoked or suspended a certificate of a person who holds a similar Virginia certificate issued pursuant to this section, the person shall notify the Chief of such action by the other state within 10 days of such action. The Chief shall schedule a hearing of the Board to determine whether his Virginia certificate shall be revoked or suspended.

Code 1950, §§ 45-31, 45-33.1; 1954, c. 191; 1966, c. 594, § 45.1-14; 1972, c. 784; 1993, c. 442; 1994, c. 28 , § 45.1-161.33; 2005, c. 3 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1613 — Virginia Code / Title 45.2 / Subtitle IV / Chapter 16 / Article 2 / Section 45.2-1613
Meetings of the Board; notice; general powers and duties
Status: in_force

A. The Board shall schedule a monthly meeting at a time and place designated by the chairman. If no petition for action is filed with the Board prior to a meeting, the Board may cancel the meeting. Notification or cancellation of each meeting shall be given in writing to the members by the chairman at least five days in advance of the meeting. Four members shall constitute a quorum for the transaction of any business that comes before the Board. All determinations of the Board shall be by majority vote of the quorum present.

B. The Board has the power necessary to execute and carry out all of its duties specified in this chapter. The Board is authorized to investigate and inspect records and facilities as necessary and proper to perform its duties under this chapter. The Board may employ personnel and consultants as necessary to perform its duties under this chapter.

1982, c. 347, § 45.1-296; 1987, c. 452; 1990, c. 92, § 45.1-361.14; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1013 — Virginia Code / Title 45.2 / Subtitle II / Part C / Chapter 10 / Article 2 / Section 45.2-1013
Approval or denial of permit
Status: in_force

A. Upon the basis of a complete mining application and reclamation plan or a revision or renewal thereof, as required by the federal act and pursuant to state regulations, including public notification and opportunity for public hearing, the Director shall grant, require modification of, or deny the application for a permit in a reasonable time established by regulation and shall notify the applicant in writing. The applicant shall have the burden of establishing that the application is in compliance with all of the requirements of state regulations. Within 10 days after the granting of a permit, the Director shall notify the government officials in the county or city in which the area of land to be affected is located that a permit has been issued and shall describe the location of the land.

B. No permit or revision application shall be approved unless the application affirmatively demonstrates, and the Director finds in writing on the basis of the information set forth in the application or from information otherwise available, which shall be documented in the approval and made available to the applicant, that:

1. The permit application is accurate and complete and that all the requirements of the federal act and state regulations have been complied with;

2. The applicant has demonstrated that reclamation as required by the federal act and state regulations can be accomplished under the reclamation plan contained in the permit application;

3. An assessment of the probable cumulative impact of all anticipated mining in the area on the hydrologic balance has been made by the Director in accordance with regulation, and the proposed operation has been designed to prevent material damage to hydrologic balance outside the permit area;

4. The area proposed to be mined is not included within an area designated as unsuitable for coal surface mining pursuant to this chapter or located within an area under study for such designation in an administrative proceeding commenced pursuant to this chapter; and

5. In any case in which the private mineral estate has been severed from the private surface estate, the applicant has submitted to the Director:

a. The written consent of the surface owner to the extraction of coal by surface mining methods;

b. A conveyance that expressly grants or reserves the right to extract coal by surface mining methods; or

c. If the conveyance does not expressly grant the right to extract coal by surface mining methods, evidence that the surface-subsurface legal relationship will be determined in accordance with the laws of the Commonwealth. Nothing herein shall be construed to authorize the Director to adjudicate any property rights dispute.

C. The applicant shall file with each permit application a schedule listing all notices of violations of the federal act, this chapter, and any law, rule, or regulation of the United States, the Commonwealth, or any department or agency in the United States pertaining to air or water environmental protection, incurred by the applicant in connection with any coal surface mining operation during the three-year period preceding the date of application. The schedule shall also indicate the final resolution of each such notice of violation. Where the schedule or other information available to the Director indicates that any coal surface mining operation owned or controlled by the applicant is currently in violation of any law, rule, or regulation referred to in this subsection, the permit shall not be issued until the applicant submits proof that such violation has been corrected or is in the process of being corrected to the satisfaction of the authority, department, or agency that has jurisdiction over such violation. No permit shall be issued to an applicant after a finding by the Director, following an opportunity for a hearing, that the applicant or the operator specified in the application controls or has controlled any mining operation with a demonstrated pattern of willful violations of the federal act or this chapter of such nature and duration and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the federal act or this chapter.

D. If the Director finds an application in compliance with subsection B and the area proposed to be mined contains prime farmland pursuant to § 507(b)(16) of the federal act, the Director shall comply with applicable regulations issued by the Secretary in determining whether to issue a permit for such area.

1979, c. 290, § 45.1-238; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1200 — Virginia Code / Title 45.2 / Subtitle III / Part A / Chapter 12 / Article 1 / Section 45.2-1200
Definitions
Status: in_force

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

"Disturbed land" means the area from which overburden has been removed in any mining operation, plus the area covered by the spoil and refuse, plus any area used in such mining operation, including land used for processing, stockpiling, or settling ponds.

"Division" means the Division of Mineral Mining.

"Mineral" means ore, rock, and any other solid homogeneous crystalline chemical element or compound that results from the inorganic processes of nature other than coal.

"Mining" means the breaking or disturbing of the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals or any activity constituting all or part of a process for the extraction or removal of minerals so as to make them suitable for commercial, industrial, or construction use. "Mining" does not include (i) any aspect of deep mining that does not have a significant effect on the surface or (ii) excavation or grading when conducted solely in aid of onsite farming or construction. Such exemption in clause (ii) shall not be construed to limit a landowner in a one-time construction or expansion of a farm pond for agricultural irrigation or provision of water for livestock to beneficially reuse the soil or sand, provided that such pond construction or expansion project (a) is a one-time activity on that parcel of land, (b) is completed within one year, (c) results in a pond that is less than three acres in total, and (d) has all necessary permits and local approvals in place before such activity begins. Nothing in this section applies to the mining of coal. "Mining" does not include, and this title, chapter, or section shall not be construed to apply to, the process of searching, prospecting, exploring, or investigating for minerals by drilling.

"Mining operation" means any area included in an approved plan of operation.

"Operator" means any individual, corporation or corporation officer, firm, joint venture, partnership, business trust, association, or any other group or combination acting as a unit, or any legal entity that is engaged in mining.

"Orphaned lands" means lands disturbed by surface mining of minerals, other than coal operations, that were not required by law to be reclaimed or that have not been reclaimed.

"Overburden" means all of the earth and other materials that lie above a natural deposit of minerals, ores, rock, or other solid matter and also other materials after removal from their natural deposit in the process of mining.

"Reclamation" means the restoration or conversion of disturbed land to a stable condition that minimizes or prevents adverse disruption and the injurious effects of such disruption and presents an opportunity for further productive use if such use is reasonable.

"Refuse" means all waste soil, rock, mineral tailings, slimes, and other material directly connected with the mine or with the cleaning and preparation of substances mined, including all waste material deposited in the permit area from other sources.

"Spoil" means any overburden or other material removed from its natural state in the process of mining.

1968, c. 734, § 45.1-180; 1972, c. 206; 1974, c. 312; 1977, c. 312; 1984, c. 590; 2021, Sp. Sess. I, c. 387 ; 2024, c. 224 ; 2025, cc. 390 , 405 .
Va. Code Ann. § 45.2-700 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 7 / Article 1 / Section 45.2-700
Scope of chapter
Status: in_force

The provisions of this chapter and Chapter 8 (§ 45.2-800 et seq.) shall apply to the operation of any underground coal mine in the Commonwealth and shall supplement the provisions of Chapter 5 (§ 45.2-500 et seq.).

1994, c. 28 , § 45.1-161.105; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-1504 — Virginia Code / Title 45.2 / Subtitle III / Part C / Chapter 15 / Section 45.2-1504
Respiratory equipment
Status: in_force

The Director shall adopt regulations requiring any miner exposed for short periods to hazards from inhalation of gas, dust, or fumes to wear approved respiratory equipment.

Code 1950, § 45-86; 1954, c. 191; 1966, c. 594, § 45.1-99; 1994, c. 28 , § 45.1-161.308; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-809 — Virginia Code / Title 45.2 / Subtitle II / Part B / Chapter 8 / Article 2 / Section 45.2-809
Grounding
Status: in_force

A. Every metallic sheath, armor, or conduit that encloses a power conductor shall be electrically continuous throughout and shall be grounded effectively.

B. Every metallic frame, casing, or other enclosure of stationary electrical equipment that can become electrified through failure of insulation or by contact with energized parts shall be grounded effectively, or equivalent protection shall be provided.

C. Any three-phase alternating current circuit that is used underground shall contain either a direct or derived neutral that shall be grounded through a suitable resistor at the power center. A grounding circuit that originates at the grounded side of the grounding resistor shall extend with the power conductors and serve as the grounding conductor for the frame of every piece of electrical equipment that is supplied with power from that circuit. A grounding resistor that is manufactured to meet the extended time rating as set forth in American National standard IEEE C57.32-2015 is deemed to meet the requirements of this section. High-voltage circuits extending underground shall be supplied with a grounding resistor of a proper Ohmic value located on the surface to limit the voltage drop in the grounding circuit external to the resistor to not more than 100 volts under fault conditions. Such grounding resistor shall be rated for maximum fault current continuously and insulated from ground for a voltage equal to the phase-to-phase voltage of the system. Every resistance-grounded alternating circuit used underground shall include a fail-safe ground check circuit to monitor continuously the grounding circuit to ensure the continuity of the ground conductor.

1966, c. 594, § 45.1-79; 1994, c. 28 , § 45.1-161.188; 1999, c. 256 ; 2011, cc. 826 , 862 ; 2021, Sp. Sess. I, c. 387 .
Va. Code Ann. § 45.2-112 — Virginia Code / Title 45.2 / Subtitle I / Chapter 1 / Article 2 / Section 45.2-112
Disposition of materials that have served purpose of the Division
Status: in_force

Materials collected after having served the purpose of the Division shall be distributed to the educational institutions of the Commonwealth in the manner that the Director determines to be of the greatest advantage to the educational interests of the Commonwealth.

1984, c. 590, § 45.1-388; 2021, Sp. Sess. I, c. 387 .