Bill Text: VA SB1258 | 2021 | Regular Session | Engrossed
Bill Title: Solar projects; erosion and sediment control.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2021-02-08 - Continued to Special Session 1 in Agriculture, Chesapeake and Natural Resources by voice vote [SB1258 Detail]
Download: Virginia-2021-SB1258-Engrossed.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 62.1-44.15:55.1 as follows:
§62.1-44.15:55.1. Department review of erosion and sediment control plans for solar projects.
A. Any locality that does not operate a regulated MS4 and for which the Department did not administer a VSMP as of July 1, 2020, shall notify the Department if it decides to have the Department provide the locality with (i) review of the erosion and sediment control plan required by subsection A of §62.1-44.15:55 and (ii) a recommendation on the plan's compliance with the requirements of this article and the Board's regulations, for any solar project and its associated infrastructure with a rated electrical generation capacity exceeding five megawatts.
B. The VESCP authority for a locality that notifies the Department pursuant to subsection A shall, within five days of receiving an erosion and sediment control plan, forward such plan to the Department for review. If a plan forwarded to the Department is incomplete, the Department shall return the plan to the VESCP authority immediately and the application process shall start over. If a plan forwarded to the Department is complete, the Department shall review it for compliance with the requirements of this article and the Board's regulations and provide a recommendation to the VESCP authority. The VESCP authority shall then (i) grant written approval of the plan or (ii) provide written notice of disapproval of the plan in accordance with subsection B of §62.1-44.15:55.
C. The VESCP authority for a locality that notifies the Department pursuant to subsection A shall, within five days of receiving any resubmittal of a previously disapproved erosion and sediment control plan, forward such resubmitted plan to the Department. The Department shall review a resubmittal of a previously disapproved erosion and sediment control plan for compliance with the requirements of this article and the Board's regulations and provide a recommendation to the VESCP authority. The VESCP authority shall then (i) grant written approval of the plan or (ii) provide written notice of disapproval of the plan in accordance with subsection B of §62.1-44.15:55.
[ 2. That the
provisions of this act shall not become effective until an appropriation
effectuating funding of four full-time positions to carry out the purposes of
this act on behalf of the Department of Environmental Quality is included in a
general appropriation act passed by the General Assembly that becomes law. 2.
That the provisions of this act shall not become effective unless an
appropriation effectuating the purposes of this act is included in a general
appropriation act passed in 2021 by the General Assembly that becomes law. ]
