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2018 SESSION

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SB 807 Coal combustion residuals and other units; permits, request for proposals.

Introduced by: Scott A. Surovell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Electric utilities; coal combustion residuals units; beneficial use projects. Directs the Director of the Department of Environmental Quality to suspend, delay, or defer the issuance of any permit to provide for the closure of any coal combustion residuals (CCRs) surface impoundment or other CCRs unit that no longer receives CCRs, located within the Chesapeake Bay watershed, until July 1, 2019. These limits do not apply to a permit required for an impoundment where CCRs have already been removed and placed in another impoundment on site, are being removed from an impoundment, or are being processed in connection with a recycling or beneficial use project. The measure also requires the owner or operator of such a CCRs surface impoundment or unit to issue a request for proposals (RFP) for entities to conduct recycling or beneficial use projects for the CCRs at such impoundment or unit. The RFP shall require responding entities to provide information from which the owner or operator is able to determine, among other things, the cost of the recycling or beneficial use of the CCRs. The owner or operator is required by November 15, 2018, to transmit to the Governor and certain committees and agencies a business plan that compiles the information collected through the RFP process.

SUMMARY AS PASSED SENATE:

Electric utilities; coal ash beneficiation facilities. Directs the Director of the Department of Environmental Quality to suspend, delay, or defer the issuance of any permit to provide for the closure of any coal combustion residuals (CCR) unit until July 1, 2019, other than for a permit required for impoundments where coal ash has already been removed and placed in another impoundment on site, is being removed from an impoundment, or is being processed in connection with a recycling or beneficial use project. The measure also requires the owner or operator of any CCR surface impoundment that is located within the Chesapeake Bay watershed to issue a request for proposals (RFP) to determine (i) the quantity of coal ash that may be suitable for recycling in each CCR surface impoundment located within the Chesapeake Bay watershed, (ii) the cost of recycling such coal ash, and (iii) the potential market demand for material recycled from such coal ash. The owner or operator is required to report on the results of the RFP by December 1, 2018.

SUMMARY AS INTRODUCED:

Electric utilities; rate adjustment clause costs of coal ash beneficiation facility. Authorizes an investor-owned electric utility to petition the State Corporation Commission for approval of rate adjustment clauses for the timely and current recovery from customers of reasonable and prudently incurred costs of constructing coal ash beneficiation facilities capable of processing coal ash to specifications appropriate for cementitious products. The measure provides that a utility that constructs such a facility shall have the right to recover the costs of no more than three such facilities. Construction costs of not more than $60 million shall be presumed to be reasonable and prudently incurred. The measure bars recovery of such costs prior to the date the facility begins commercial operation. The construction of any such facility is declared to be in the public interest and the Commission is directed to liberally construe its provisions.