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2001 SESSION


CHAPTER 281
An Act to amend and reenact § 15.2-2202 of the Code of Virginia, relating to notification to localities of state construction.
[H 2433]
Approved March 15, 2001

Be it enacted by the General Assembly of Virginia:

1. That § 15.2-2202 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-2202. Duties of state agencies.

A. The Department of Environmental Quality shall distribute a copy of the environmental impact report submitted to the Department for every major state project pursuant to regulations promulgated under § 10.1-1191 to the chief administrative officer of every locality in which each project is proposed to be located. The purpose of the distribution is to enable the locality to evaluate the proposed project for environmental impact, consistency with the locality's comprehensive plan, local ordinances adopted pursuant to this chapter, and other applicable law and to provide the locality with an opportunity to comment. The Department shall distribute the reports to localities, solicit their comments, and consider their responses in substantially the same manner as the Department solicits and receives comments from state agencies.

B. In addition to the information supplied under subsection A, every department, board, bureau, commission, or other agency of the Commonwealth which is responsible for the construction, operation, or maintenance of public facilities within any locality shall, upon the request of the local planning commission having authority to prepare a comprehensive plan, furnish reasonable information requested by the local planning commission relative to the master plans of the state agency which may affect the locality's comprehensive plan. Each state agency shall collaborate and cooperate with the local planning commission, when requested, in the preparation of the comprehensive plan to the end that the local comprehensive plan will coordinate the interests and responsibilities of all concerned.

C. The Department of General Services shall require Every state agency responsible for the construction, operation or maintenance of public facilities within the Commonwealth to shall notify the chief administrative officer of every locality in which the agency intends to undertake a capital project involving new construction costing at least $100,000 and subject to review by the Department that the agency has. The notice shall be given during the planning phase of the project and prior to preparation of construction and site plans and shall inform localities that preliminary construction and site plans will be available for distribution, upon the request of the locality. Agencies shall not be required to give such notice prior to acquisition of property. The purpose of the notice and distribution is to enable the locality to evaluate the project for consistency with local ordinances other than building codes and to provide the locality with an opportunity to submit comments to the agency during the planning phase of a project. Upon receipt of a request from a locality, the state agency shall transmit a copy of the plans to the locality for comment.

D. Nothing in this section shall be construed to require any state agency to duplicate any submission required to be made by the agency to a locality under any other provision of law.

E. Nothing herein shall be deemed to abridge the authority of any state agency regarding the facilities now or hereafter coming under its jurisdiction.

F. The provisions of this section shall not apply to highway, transit or other projects, as provided in § 10.1-1188 B.

G. The provisions of this section shall not apply to the entering of any option by any state agency for any projects listed in subsection C.