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2021 SPECIAL SESSION I
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.