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2021 SESSION
21102904DPatrons-- Willett, Hudson, Plum, Reid, Lopez, Ayala, Coyner, Helmer and Sullivan
Be it enacted by the General Assembly of Virginia:
1. That §§ 10.1-1197.5 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-1197.5. Definitions.
As used in this article,:
"Energy storage facility" means energy storage equipment or technology that is capable of absorbing energy, storing such energy for a period of time, and redelivering energy after it has been stored.
"small "Small renewable
energy project" means (i) an electrical generation facility with a rated
capacity not exceeding 150 megawatts that generates electricity only from sunlight
or wind; (ii) an electrical generation facility with a rated capacity not
exceeding 100 megawatts that generates electricity only from falling water,
wave motion, tides, or geothermal power; or
(iii) an electrical generation facility with a rated capacity not exceeding 20
megawatts that generates electricity only from biomass, energy from waste, or
municipal solid waste; (iv) an energy
storage facility that uses
electrochemical cells to convert chemical energy with a rated capacity not
exceeding 150 megawatts; or
(v) a hybrid project
composed of an electrical generation facility that meets the
parameters established in clause (i),
(ii), or (iii) and an
energy storage facility that meets the
parameters established in clause (iv).
2. That the Department of Environmental Quality shall promulgate regulations to implement the provisions of this act to be effective no later than January 1, 2022. The Department's initial adoption of regulations necessary to implement the provisions of this act shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), except that the Department of Environmental Quality shall provide an opportunity for public comment on the regulations prior to adoption.