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2011 SESSION

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CHAPTER 750 An Act to amend the Code of Virginia by adding in Chapter 1 of Title 67 a section numbered 67-103, relating to the Commonwealth Energy Policy; local renewable energy facility siting ordinances. [S 862] Approved March 28, 2011

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 1 of Title 67 a section numbered 67-103 as follows:

§ 67-103. Role of local governments in achieving objectives of the Commonwealth Energy Policy.

In the development of any local ordinance addressing the siting of renewable energy facilities that generate electricity from wind or solar resources, the ordinance shall:

1. Be consistent with the provisions of the Commonwealth Energy Policy pursuant to subsection C of § 67-102;

2. Provide reasonable criteria to be addressed in the siting of any renewable energy facility that generates electricity from wind and solar resources.  The 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.

Any measures required by the ordinance shall be consistent with the locality's existing ordinances.