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2022 SESSION

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22104350D
HOUSE BILL NO. 1204 Offered January 18, 2022 A BILL to prohibit certain requirements regarding renewable energy certificates and to vest authority to issue a minor new source air permit with the Executive Director of the Department of Environmental Quality. ---------- Patron-- Kilgore ---------- Referred to Committee on Commerce and Energy ----------

Be it enacted by the General Assembly of Virginia:

1. § 1. Notwithstanding the provisions of § 56-585.5 of the Code of Virginia or any other provision of law, no Phase 1 Utility or Phase 2 Utility, as such terms are defined in subdivision A 1 of § 56-585.1 of the Code of Virginia, shall be required (i) to procure and retire renewable energy certificates to comply with a renewable energy portfolio standard program (RPS Program) prior to January 1, 2025 and (ii) to procure and retire renewable energy certificates to comply with an RPS Program at any time from an eligible generating source with a capacity of one megawatt or lower.

§ 2. Notwithstanding the provisions of § 10.1-1307 or 10.1-1308 of the Code of Virginia or any other provision of law, the State Air Pollution Control Board shall have no authority to issue, deny, renew, amend, or extend a minor new source review air permit. The Executive Director of the Department of Environmental Quality shall have such authority to issue, deny, renew, amend, or extend a minor new source review air permit. Any other rules or regulations governing such permitting process shall continue to apply.