dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1626.  Enforcement.
The Director shall enforce the provisions of this article pursuant to the provisions of Article 3 (§ 45.2-1629 et seq.). In addition, if any person violates or threatens to violate any provision of this article, regulation adopted thereunder, or order of the Board, the Board may maintain suit to restrain any such violation or threatened violation.

1982, c. 347, § 45.1-306; 1990, c. 92, § 45.1-361.24; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1627.  Standing when Director or Board fails to act.
If the Director or Board fails to take enforcement action within 10 days of the Board's receipt of a petition alleging that the petitioner is or will be adversely affected by a violation or threatened violation of any provision of this article, regulation adopted thereunder, or order of the Board, the petitioner shall have standing to file a complaint in the appropriate circuit court. The Board, in addition to the person violating or threatening to violate the provision of this article, regulation adopted thereunder, or order of the Board, shall be made a party to any such action.

1982, c. 347, § 45.1-307; 1990, c. 92; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1628.  Recording of orders.
The Inspector shall cause a true copy of any order entered by the Board that establishes a drilling unit or pools any interests to be recorded in the office of the clerk of the circuit court of each locality wherein any portion of the relevant drilling unit is located. Such order shall be recorded in the record book in which gas or oil leases are normally recorded. The sole charge for recordation shall be a tax equal to $10 plus $1 per page of the order. From the time noted on the recordation by the clerk, the recordation shall be notice of the order to all persons.

1982, c. 347, § 45.1-308; 1990, c. 92, § 45.1-361.25; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1630.  Powers, duties, and responsibilities of the Inspector.
A. The Inspector shall administer the laws and regulations and shall have access to all records and properties necessary for this purpose. He shall perform all duties delegated by the Director pursuant to § 45.2-105 and maintain permanent records of the following:

1. Each application for a gas, oil, or geophysical operation and each permitted gas, oil, or geophysical operation;

2. Meetings, actions, and orders of the Board;

3. Each petition for mining coal within 200 feet of or through a well;

4. Each request for special plugging by a coal owner or coal operator; and

5. All other records prepared pursuant to this chapter.

B. The Inspector or another Department employee as determined by the Director shall serve as the principal executive of the staff of the Board.

C. The Inspector may take charge of well or corehole operations or pipeline emergency operations whenever a well or corehole blowout, release of hydrogen sulfide or other gas, or other serious accident occurs.

1982, c. 347, § 45.1-293; 1987, c. 452; 1989, c. 164; 1990, c. 92, § 45.1-361.28; 2021, Sp. Sess. I, cc. 387, 532.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1633.  Bonding and financial security required.
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.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1634.  Gas and Oil Plugging and Restoration Fund.
A. There is hereby created in the state treasury a special nonreverting fund to be known as the Gas and Oil Plugging and Restoration Fund, referred to in this section as "the Fund." All payments made into the Fund by gas or oil operators, all collections of debt for expenditures made from the Fund, and all interest payments made into the Fund pursuant to the provisions of this section 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 the Fund. The Fund shall be established on the books of the Comptroller and 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. 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 or his designee.

B. Each permittee operating under a blanket bond pursuant to § 45.2-1633 shall annually pay to the Fund an amount equal to $50 multiplied by the number of permits he then holds, such payment to be submitted with the annual report required under § 45.2-1640, until the payments and interest accruing to the Fund totals $100,000. Whenever the Director determines that the Fund's balance has fallen below $25,000 due to uncollectible debts, the Director shall assess a fee of $50 per permit per year on each permittee with a blanket bond until the Fund's balance once again reaches $100,000.

C. Moneys in the Fund shall be used solely for the purpose of supplementing bond proceeds in order to pay for the full cost of plugging and restoration in the event of a blanket bond forfeiture.

D. The amount by which the cost of plugging and restoration exceeds the amount of the gas or oil operator's forfeited bond shall constitute a debt of the operator to the Commonwealth. The Director is authorized to collect such debts together with the costs of collection through appropriate legal action. All moneys collected pursuant to this subsection, less the costs of collection, shall be deposited in the Fund.

E. No permit shall be issued to a gas or oil operator until he has fully reimbursed the Commonwealth for any debt incurred pursuant to the provisions of subsection D.

F. In the event of a discontinuance of the Fund, any amounts remaining in the Fund shall be returned to each gas or oil operator with a blanket bond in proportion to the number of permits under the blanket bond of each operator.

1990, c. 92, § 45.1-361.32; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1635.  Expiration of permits.
Each permit issued pursuant to this chapter shall expire 24 months from its date of issuance unless the permitted activity has commenced within that time period. An operator may renew an existing permit for an additional 24 months by submitting a written request containing the coal operator's approval and remitting a $325 renewal fee no later than the expiration date.

1990, c. 92, § 45.1-361.33; 1996, c. 854; 2003, cc. 542, 550; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1636.  Abandonment or cessation of well or corehole operation; plugging required.
Upon the abandonment or cessation of the operation of any well or corehole, the gas, oil, or geophysical operator shall immediately fill and plug the well or corehole in the manner required by regulations in force at the time of abandonment or the operation's cessation.

1990, c. 92, § 45.1-361.34; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1638.  Appeals of Director's decisions to the Board.
A. Any person with standing under the provisions of § 45.2-1632 who is aggrieved by a decision of the Director may appeal to the Board, subject to the limitations imposed by subsection B, by petition to the Board filed within 10 days following the appealed decision.

B. No petition for appeal may raise any matter other than a matter that was raised by the Director or that the petitioner put in issue either by application or by an objection, proposal, or claim made and specified in writing at the informal fact-finding hearing held under § 45.2-1637 leading to the appealed decision.

1982, c. 347, § 45.1-325; 1984, c. 590; 1990, c. 92, § 45.1-361.36; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1639.  Persons required to register; designated agents.
A. Any person who owns a well, drills a well, completes well work, operates any well or gathering pipeline, conducts ground-disturbing geophysical explorations, or transports gas or oil up to and including the first point of sale shall register with the Director and shall provide his name and address and the name, address, and official title of the person in charge of his operations in the Commonwealth.

B. Any person registering under subsection A shall designate the name and address of an agent who shall be the attorney-in-fact of the registrant for the purposes set forth in this section. The designated agent shall be a resident of the Commonwealth. Notices, orders, other communications, and all processes issued pursuant to this chapter may be served upon or otherwise delivered to the designated agent as and for the operator. Any designation of an agent shall remain in force until the Director is notified in writing of a designation termination and the designation of a new agent.

1990, c. 92, § 45.1-361.37; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1640.  Report of permitted activities and production required; contents.
A. Each holder of a permit for a gas or oil well or gathering pipeline shall file monthly and annual reports of his activities as prescribed by the Director. Such reports shall be for the purpose of obtaining information regarding the production and sale of gas and oil resources, as well as information concerning the ownership and control of permitted activities. Filing of such reports by a permittee shall be a condition of such permit. Every annual report filed by a permittee shall contain a certification that such permittee has paid all severance taxes levied under the provisions of §§ 58.1-3712, 58.1-3713, and 58.1-3741.

B. At the same time that a permittee files the monthly and annual reports as required by subsection A, the permittee shall send copies of the reports by mail to the commissioner of the revenue of the political subdivision where the permitted well is located.

1990, c. 92, § 45.1-361.38; 1992, c. 361; 2013, cc. 305, 618; 2016, c. 305; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1641.  Developing a gas or oil well as a water well.
If any well drilled for gas or oil does not produce commercial or paying quantities of either resource, the well may be developed as a water well upon the request of the surface owner of the property on which the well is located. Any such development of a water well shall occur only after notice is given to the Director and his approval has been received. Such development of a water well shall be performed in accordance with applicable state and local requirements. Unless the gas or oil operator and surface owner otherwise agree, the surface owner shall pay the gas or oil operator a reasonable sum for all casing and tubing set and left in the well that would have otherwise been removed upon plugging of the well.

1982, c. 347, § 45.1-350; 1990, c. 92, § 45.1-361.39; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1642.  Orphaned Well Fund; orphaned wells.
A. There is hereby created in the state treasury a special nonreverting fund to be known as the Orphaned Well Fund, referred to in this section as "the Fund." All moneys appropriated to it and any surcharges collected pursuant to subsection D 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. The Fund shall be established on the books of the Comptroller. 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 from the Fund shall be used solely for purposes of restoration and plugging of orphaned wells. 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 or his designee.

B. The Director shall conduct a survey to determine the condition and location of orphaned wells in the Commonwealth. He shall establish priorities for the plugging and restoration of the identified orphaned wells. The plugging and restoration of orphaned well sites that pose an imminent danger to public safety shall have the highest priority.

C. In performing his duties under this section, the Director shall make every reasonable effort to identify and obtain the permission of a surface owner prior to entering onto the surface owner's land. In all cases, the Director shall as soon as practicable cause to be published in a newspaper of general circulation in the county or city wherein an orphaned well is located a notice of the proposed plugging and restoration work to be conducted on the property.

D. Each operator who applies for a new permit for any activity other than geophysical operations shall pay a $200 surcharge per permit into the Fund. Such surcharge shall continue until the Director determines that all orphaned wells in the Commonwealth are properly plugged and their sites are properly stabilized.

E. In the event of a discontinuance of the Fund, any amounts remaining in the Fund shall be placed in the Gas and Oil Plugging Restoration Fund created pursuant to § 45.2-1634.

1990, c. 92, § 45.1-361.40; 2017, c. 18; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1643.  Interference by injection wells with groundwater supply.
A. For purposes of this section:

"Beneficial use" means the same as that term is defined in § 62.1-255.

"Groundwater" means the same as that term is defined in § 62.1-255.

B. Any person who owns or operates an injection well in a manner that proximately causes the contamination or diminution of groundwater used for a beneficial use by any person who resides within the lesser of (i) the area of review required by the U.S. Environmental Protection Agency for the permitting of such injection well or (ii) a one-half-mile radius of the well shall provide the person with a replacement water supply. A replacement water supply shall provide the person with water of equivalent quality and quantity as was provided by groundwater prior to the contamination or diminution of the water supply resulting from the operation of the injection well. A replacement water supply shall include the provision of necessary storage and service facilities.

C. This section shall apply to any injection well operating under a permit from the Director.

1992, c. 324, § 45.1-361.41; 1993, c. 276; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1644.  Safety in coalbed methane gas, oil, and geophysical operations.
The Director shall inspect permitted coalbed methane well and related facility operations to ensure the safety of persons on permitted sites. If an inspection reveals any hazardous condition that creates an imminent danger, the Director shall issue a closure order pursuant to § 45.2-1629 requiring the area to be cleared or the equipment removed from use, except for (i) work necessary to continue to vent methane from an active underground mine if such work can be done safely and (ii) any work necessary to correct or eliminate the imminent danger. The Director shall lift the closure order when he finds that the imminent danger has been corrected or eliminated. If an inspection reveals any other condition that creates a risk to the safety or health of any person on the permitted site, the Director shall notify the Department of Labor and Industry for actions under Title 40.1, as applicable.

1997, c. 421, § 45.1-361.42; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1645.  Chesapeake Bay; drilling for gas or oil prohibited.
Notwithstanding any other law, no person shall drill for gas or oil in the waters of the Chesapeake Bay or any of its tributaries. The provisions of this subsection shall be enforced consistent with the requirements of this chapter.

1989, c. 325; § 62.1-195.1; 1990, c. 967; 1992, cc. 480, 887; 1993, c. 239; 1994, c. 957; 2012, cc. 785, 819; 2013, cc. 756, 793; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1647.  Hydraulic fracturing; groundwater management area.
No person shall conduct any hydraulic fracturing in any well that has been drilled through any portion of a groundwater management area declared by regulation prior to January 1, 2020, pursuant to the provisions of the Ground Water Management Act of 1992 (§ 62.1-254 et seq.). For purposes of this section, "hydraulic fracturing" means the treatment of a well by the application of hydraulic fracturing fluid, including a base fluid and any additive, under pressure for the express purpose of initiating or propagating fractures in a target geologic formation to enhance production of natural gas or oil.

2020, c. 626; § 62.1-195.3; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1648.  Operator's right to sample water.
An operator may enter upon surface land at reasonable times and in a reasonable manner to obtain samples of water from any water well that is (i) located within 1,320 feet of a proposed or existing gas well and (ii) actually being utilized by the surface owner or occupant for domestic use. If the surface owner or occupant refuses to allow the operator to sample or causes the operator to be prevented from sampling any such water well, the operator shall promptly notify the Department of such refusal or prevention. The Department shall maintain a record of such notifications. In the event of such a refusal or prevention, the surface owner shall not be entitled to the remedies set forth in § 45.2-1649.

1998, c. 227, § 45.1-361.43; 2009, c. 293; 2017, c. 17; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 16 (Virginia Gas and Oil Act)
§ 45.2-1649.  Replacement of water supply.
If any water supply of a surface owner who obtains all or part of his supply of water for domestic use from a water well has been materially affected by contamination or partial or complete interruption proximately resulting from a gas well operation within 1,320 feet of the water well, the operator of such gas well shall promptly provide a replacement water supply that shall be capable of meeting the uses such water supply met prior to the contamination or partial or complete interruption.

1998, c. 227, § 45.1-361.44; 2009, c. 293; 2017, c. 17; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1700.  Definitions.
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.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1701. Division of Renewable Energy and Energy Efficiency established; powers and duties.
A. The Division of Renewable Energy and Energy Efficiency is established in the Department. The Director has the immediate authority to coordinate the development and implementation of energy policy in the Commonwealth.

B. The Division shall coordinate the energy-related activities of the various state agencies and advise the Governor on energy issues that arise at the local, state, and national levels. All state agencies and institutions shall cooperate fully with the Division to assist in the proper execution of the duties assigned by this section.

C. In addition, the Division is authorized to make and enter into all contracts and agreements necessary or incidental to the performance of its duties or the execution of its powers, including the implementation of energy information and conservation plans and programs.

D. The Division shall:

1. Consult with state agencies and institutions concerning energy-related activities or policies as needed for the proper execution of the duties assigned to the Division by this section;

2. Serve as the Commonwealth's liaison with appropriate agencies of the federal government concerning the activities of the federal government related to energy production, consumption, and transportation and energy resource management in general and identify and monitor any federal grant programs, loan programs, or other opportunities for federal funding to further the Commonwealth's energy efficiency goals;

3. Provide services to encourage efforts by and among businesses in the Commonwealth, industries, utilities, academic institutions, state and local governments, and private institutions to develop energy resources and energy conservation programs;

4. In consultation with the State Corporation Commission, the Department of Environmental Quality, and the Virginia Center for Coal and Energy Research, prepare the Virginia Energy Plan pursuant to § 45.2-1710; and

5. Observe the energy-related activities of state agencies and advise such agencies in order to encourage conformity with established energy policy.

1984, c. 590, § 45.1-390; 2006, c. 939; 2016, c. 518; 2021, Sp. Sess. I, cc. 387, 532; 2024, c. 539.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1704.  Application of article.
The provisions of this article shall not apply to any new construction project undertaken by a public body.

2001, c. 219, § 11-34.4; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1705.  Legislative findings.
The General Assembly hereby finds that:

1. Energy is essential to the health, safety, and welfare of the people of the Commonwealth and to the Commonwealth's economy;

2. The government of the Commonwealth should facilitate the availability and delivery of reliable and adequate supplies of energy to industrial, commercial, and residential users at reasonable costs so that such users and the Commonwealth's economy are able to be productive;

3. The Commonwealth would benefit from articulating clear objectives pertaining to energy issues, adopting an energy policy that advances such objectives, and establishing a procedure for measuring the implementation of such policy;

4. Climate change is an urgent and pressing challenge for the Commonwealth. Swift decarbonization and a transition to clean energy are required to meet the urgency of the challenge; and

5. The Commonwealth will benefit from being a leader in deploying a low-carbon energy economy.

2006, c. 939, § 67-100; 2020, cc. 1191, 1192; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1706. Repealed.
Repealed by Acts 2021, Sp. Sess. I, c. 327, cl. 2, effective July 1, 2021.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1707. Repealed.
Repealed by Acts 2021, Sp. Sess. I, c. 327, cl. 2, effective July 1, 2021.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1708.  Role of local governments in achieving objectives of the Commonwealth Clean Energy Policy.
A. In the development of any local ordinance addressing the siting of renewable energy facilities that generate electricity from wind or solar resources, such ordinance shall:

1. Be consistent with the provisions of the Commonwealth Clean Energy Policy pursuant to subsection E of § 45.2-1706.1;

2. Provide reasonable criteria to be addressed in the siting of any renewable energy facility that generates electricity from wind or solar resources. Such criteria shall provide for the protection of the locality in a manner consistent with the goals of the Commonwealth to promote the generation of energy from wind and solar resources; and

3. Include provisions establishing reasonable requirements upon the siting of any such renewable energy facility, including provisions limiting noise, requiring buffer areas and setbacks, and addressing generation facility decommissioning.

B. Any measures required by an ordinance adopted pursuant to subsection A shall be consistent with the locality's existing ordinances.

2011, c. 750, § 67-103; 2021, Sp. Sess. I, cc. 327, 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1709.  Nuclear energy; considered a clean energy source.
For the purposes of the Commonwealth Clean Energy Policy as set out in § 45.2-1706.1, in any clean energy initiative or carbon-free energy initiative undertaken, overseen, regulated, or permitted by the Department, nuclear energy shall be considered to be a clean energy source.

2020, c. 960, § 67-104; 2021, Sp. Sess. I, cc. 327, 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1712. Annual reporting by investor-owned public utilities.
Each investor-owned public utility providing electric service in the Commonwealth shall prepare an annual report disclosing its efforts to conserve energy, including (i) its implementation of customer demand-side management programs and (ii) efforts by the utility to improve efficiency and conserve energy in its internal operations pursuant to § 56-235.1. The utility shall submit each annual report to the Division and the Commission on Electric Utility Regulation by November 1 of each year, and the Division shall compile the reports of the utilities and submit the compilation to the Governor and the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.

2008, c. 651, § 67-202.1; 2021, Sp. Sess. I, c. 387; 2023, cc. 753, 793.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1713. Submission of the Plan.
Upon completion, the Division shall submit the Plan, including periodic updates thereto, to the Governor, the Commissioners of the State Corporation Commission, and the General Assembly and shall present the Plan to the Commission on Electric Utility Regulation at a public meeting. The Plan shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents. The Plan's executive summary shall be posted on the General Assembly's website.

2006, c. 939, § 67-203; 2021, Sp. Sess. I, c. 387; 2023, cc. 753, 793.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1714.  Virginia Coastal Energy Research Consortium established; board of directors.
A. The Virginia Coastal Energy Research Consortium is hereby established to include Old Dominion University, the Virginia Institute of Marine Science of The College of William and Mary in Virginia, the Advanced Research Institute of Virginia Polytechnic Institute and State University, James Madison University, Norfolk State University, Virginia Commonwealth University, Hampton University, George Mason University, and the University of Virginia and is to be located at Old Dominion University.

B. The Consortium shall be governed by a board of directors (the Board), which shall consist of 16 voting members as follows: the Director or his designee, the Commissioner of Marine Resources or his designee, the President of the Virginia Manufacturers Association or his appointed member of the maritime manufacturing industry, the President of the Virginia Maritime Association or his appointed member of the maritime industry, the Director of the Advanced Research Institute of Virginia Polytechnic Institute and State University or his designee, the President of Old Dominion University or his designee, the Director of the Virginia Institute of Marine Science of The College of William and Mary in Virginia or his designee, the President of Norfolk State University or his designee, the President of James Madison University or his designee, the President of Virginia Commonwealth University or his designee, the President of the University of Virginia or his designee, the President of Hampton University or his designee, the President of George Mason University or his designee, the chairman of the Hampton Roads Technology Council or his appointed member of the technology community, the Director of the Hampton Roads Clean Cities Coalition or his appointed member of the renewable energy industry, and the Director of the Department of Environmental Quality or his designee as the lead agency for the Virginia Coastal Zone Management Program.

In addition, a representative of the National Aeronautics and Space Administration's Langley Research Center, to be selected by the Director of the Research Center, shall serve as a nonvoting ex officio member of the Board.

2006, c. 939, §§ 67-600, 67-602; 2007, c. 904; 2009, c. 575; 2010, c. 695; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1715.  Functions, powers, and duties of the Consortium.
The Consortium shall serve as an interdisciplinary study, research, and information resource for the Commonwealth on coastal energy issues. As used in this article, "coastal energy" includes wave or tidal action, currents, offshore winds, thermal differences, and methane hydrates. The Consortium shall (i) consult with the General Assembly, federal, state, and local agencies, nonprofit organizations, private industry, and other potential users of coastal energy research; (ii) establish and administer agreements with other baccalaureate institutions of higher education in the Commonwealth to carry out research projects relating to the feasibility of increasing the Commonwealth's reliance on all domestic forms of coastal energy; (iii) disseminate new information and research results; (iv) apply for grants made available pursuant to federal legislation, including the federal Methane Hydrate Research and Development Act of 2000, P.L. 106-193, and from other sources; and (v) facilitate the application and transfer of new coastal energy technologies.

2006, c. 939, § 67-601; 2009, c. 575; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1716.  Appointment of a director; powers and duties.
A. The Board shall appoint an executive director to serve as the principal administrative officer of the Consortium. The executive director shall report to the Board and be under its supervision.

B. The executive director shall exercise all powers imposed upon him by law, carry out the specific duties imposed upon him by the Board, and develop appropriate policies and procedures for (i) identifying priority coastal energy research projects; (ii) cooperating with the General Assembly, federal, state, and local governmental agencies, nonprofit organizations, and private industry in formulating its research projects; (iii) selecting research projects to be funded; and (iv) disseminating information and transferring technology related to coastal energy within the Commonwealth. The executive director shall employ such personnel and secure such services as may be required to carry out the purposes of the Consortium, expend appropriated funds, and accept moneys from federal or private sources for cost-sharing on coastal energy projects.

2006, c. 939, §§ 67-603, 67-604; 2009, c. 575; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1717. (Effective until July 1, 2029) Definitions.
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.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1718. (Effective until July 1, 2029) Southwest Virginia Energy Research and Development Authority established; purpose.
The Southwest Virginia Energy Research and Development Authority is established as a political subdivision of the Commonwealth. The purposes of the Authority are to promote opportunities for energy development in Southwest Virginia, create jobs and economic activity in Southwest Virginia consistent with the Virginia Energy Plan prepared pursuant to Article 4 (§ 45.2-1710 et seq.), and position Southwest Virginia and the Commonwealth as a leader in energy workforce and energy technology research and development. The Authority may also consult with research institutions, businesses, nonprofit organizations, and stakeholders as the Authority deems appropriate. The Authority shall have only those powers enumerated in this article.

2019, cc. 555, 556, § 67-1601; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1719. (Effective until July 1, 2029) Membership; terms; vacancies; expenses.
A. The Authority shall have a total membership of 11 nonlegislative citizen members appointed as follows: four members to be appointed by the Governor, four members to be appointed by the Speaker of the House of Delegates, and three members to be appointed by the Senate Committee on Rules. All members of the Authority shall be citizens of the Commonwealth.

B. Except as otherwise provided in this article, all appointments shall be for terms of four years each. No member shall be eligible to serve more than two successive four-year terms. After expiration of an initial term of three years or less, two additional four-year terms may be served by such member if appointed thereto. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Any appointment to fill a vacancy shall be made in the same manner as the original appointment. 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.

C. The Authority shall appoint from its membership a chairman and a vice-chairman, each of whom shall serve in such capacity at the pleasure of the Authority. The chairman, or in his absence the vice-chairman, shall preside at each meeting of the Authority. The meetings of the Authority shall be held on the call of the chairman or whenever a majority of the members so request. A majority of members of the Authority serving at any one time shall constitute a quorum for the transaction of business.

D. Members shall serve without compensation. However, all members may be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Such expenses shall be paid from funds appropriated to the Authority by the General Assembly.

E. Members of the Authority shall be subject to the standards of conduct set forth in the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.) and may be removed from office for misfeasance, malfeasance, nonfeasance, neglect of duty, or misconduct in the manner set forth therein.

F. Except as otherwise provided in this article, members of the Authority shall be subject to the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

2019, cc. 555, 556, § 67-1602; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1721. (Effective until July 1, 2029) Annual report.
On or before October 15 of each year, beginning in 2020, 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.

2019, cc. 555, 556, § 67-1604; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1722. (Effective until July 1, 2029)  Confidentiality of information.
A. The Authority shall hold in confidence the personal and financial information supplied to it or maintained by it concerning the siting and development of energy projects.

B. Nothing in this section shall prohibit the Authority, in its discretion, from releasing any information that has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied particular information.

C. Information supplied by or maintained on any person or entity applying for or receiving an allocation of any federal loan guarantee, as well as specific information relating to the amount of, or the identity of the recipient of, such distribution, shall be subject to disclosure in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

2019, cc. 555, 556, § 67-1605; 2021, Sp. Sess. I, c. 387.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1723. (Effective until July 1, 2029) Declaration of public purpose; exemption from taxation.
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.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1724. (Effective until July 1, 2029) Sunset.
The provisions of this article shall expire on July 1, 2029.

2019, cc. 555, 556, § 67-1607; 2021, Sp. Sess. I, c. 387.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1726. (Effective until January 1, 2027) Definitions.
As used in this article, unless the context requires a different meaning:

"Advisory Council" means the Electric Vehicle Rebate Program Advisory Council.

"Base price" means the manufacturer's base price for the lowest price trim level of the model and shall not include charges for optional equipment, taxes, title, or registration fees.

"Dealer" means a motor vehicle dealer licensed pursuant to Chapter 15 (§ 46.2-1500 et seq.) of Title 46.2.

"Electric motor vehicle" means a two-axle motor vehicle with a base price of not more than $55,000 that uses electricity as its only source of motive power. "Electric motor vehicle" includes fuel cell electric vehicles.

"EPA" means the federal Environmental Protection Agency.

"Fund" means the Electric Vehicle Rebate Program Fund.

"Participating dealer" means a dealer who is participating in the Program.

"Program" means the Electric Vehicle Rebate Program established pursuant to this article.

"Purchase" means the purchase or lease of a new or used electric motor vehicle.

"Qualified resident of the Commonwealth" means a resident of the Commonwealth whose annual household income does not exceed 300 percent of the current poverty guidelines.

"Used electric motor vehicle" means a previously owned or leased electric motor vehicle that is more than two years old and not more than seven years old.

2021, Sp. Sess. I, c. 493, § 67-1800.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1727. (Effective until January 1, 2027) Electric Vehicle Rebate Program.
There is hereby established an Electric Vehicle Rebate Program for the purchase of new and used electric motor vehicles to provide an incentive to increase electric vehicle awareness and adoption in the Commonwealth. The Program shall be administered by the Department. The Department shall determine the best method to administer the Program, which may include contracting with a third-party administrator. As provided in § 58.1-2420, the Commissioner of the Department of Motor Vehicles may examine all records, books, papers, or other documents of any dealer in motor vehicles to verify the truth and accuracy of any statement or any other information relating to rebates claimed by the dealer.

2021, Sp. Sess. I, c. 493, § 67-1901.
Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1728. (Effective until January 1, 2027)  Eligibility for rebate; amount of rebate.
A. Beginning January 1, 2022, a resident of the Commonwealth who purchases a new electric motor vehicle from a participating dealer shall be eligible for a rebate of $2,500. A qualified resident of the Commonwealth who purchases such vehicle shall also be eligible for an additional $2,000 enhanced rebate.

B. Beginning January 1, 2022, a resident of the Commonwealth who purchases a used electric motor vehicle from a participating dealer with a sale price as provided by § 58.1-2401 of not more than $25,000 shall be eligible for a rebate of $2,500. A qualified resident of the Commonwealth who purchases such vehicle shall also be eligible for an additional $2,000 enhanced rebate.

C. Any rebate provided under this article shall be applied toward payment for the purchase. The participating dealer shall be reimbursed by the Department from the Fund for each eligible rebate.

D. Rebates available pursuant to this article are subject to availability of funds in the Fund.

E. The amount of the rebates provided under this article may be increased or decreased annually by the Department in an amount not to exceed the recommendation of the Advisory Council pursuant to subsection A of § 45.2-1730.

F. The Department in consultation with the Advisory Council, shall develop and implement a process for verifying eligible purchasers and shall ensure that such process (i) is capable of being administered at the point of sale or lease of a vehicle, (ii) allows for the immediate determination of purchaser eligibility and the total amount of the rebate to which the purchaser is entitled, and (iii) confirms the rebate to the participating dealer.

2021, Sp. Sess. I, c. 493, § 67-1902.

Code of Virginia — Title 45.2 (Mines, Minerals, and Energy), Chapter 17 (Other Sources of Energy Generally; Energy Policy)
§ 45.2-1729. (Effective until January 1, 2027) Program website.
The Department shall establish a website for the administration of the Program. The website shall include general information for the public, including details about the Program and performance metrics regarding the Program. The website shall also provide (i) data updated weekly regarding the availability of funds in the Fund at the time of the purchase and (ii) instructions for the dealer as to how to process a reimbursement for the rebate provided pursuant to this article.

2021, Sp. Sess. I, c. 493, § 67-1903.