High load facilities; impact assessments.

Plain English Breakdown

The effective date is not provided in the official summary.

High Load Facilities Impact Assessments

This law requires high load facility applicants to get an impact assessment from the State Corporation Commission before local governments can approve their building permits and other land use permissions.

What This Bill Does

• Defines a 'high load facility' as one that needs more than 90 megawatts of electricity.
• Requires the State Corporation Commission (SCC) to assess if such facilities will negatively affect electric grid reliability or capacity before local governments can approve them.
• Limits local government approval for high load facilities until the SCC issues a finding of no significant impact.
• Allows facility owners to request new assessments if there are major changes in circumstances.

Who It Names or Affects

• Local governing bodies and boards of zoning appeals
• Owners or operators of proposed high load facilities

Terms To Know

High Load Facility

A facility that needs more than 90 megawatts of electricity.

State Corporation Commission (SCC)

The agency responsible for assessing the impact of high load facilities on electric utilities.

Limits and Unknowns

• Does not specify what happens if the SCC does not issue a finding within 120 days.
• Does not define how 'material adverse impacts' are measured or determined.

Official Summary Text

High load facilities; impact assessments.
Prohibits a governing body or board of zoning appeals from issuing final approval for any special exception, special use permit, variance, rezoning application, or other land disturbing permit, including building permits and erosion and sediment control permits, for a high load facility, defined in the bill, until the applicant submits a finding of no impact or minimal impact issued by the State Corporation Commission. The bill provides that upon request by the owner or operator of a high load facility, the Commission will assess whether the high load facility will have a material adverse impact upon the incumbent electric utility's ability to (i) to maintain electric grid reliability, (ii) avoid exceeding available generation or transmission capacity constraints, or (iii) meet certain statutory requirements.

Current Bill Text

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 22 of Title 15.2 a section numbered
15.2-2209.4
and by adding a section numbered
56-580.1
, relating to high load facilities; impact assessments.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 1 of Chapter 22 of Title 15.2 a section numbered
15.2-2209.4
and by adding a section numbered
56-580.1
as follows:

§
15.2-2209.4
.
High load facility
;
impact
assessment
.

A. As used in this section, "high

load
facility
"

means a
proposed
facility
or a combination of facilities that effectively operate together as one facility with an expected electricity demand that exceeds 90 megawatts
.

B.
No
governing body or board of zoning appeals
shall issue final approval for any special exception, special use permit, variance, rezoning application
,
or other land disturbing permit, including building permits and erosion and sediment control permits,
for a high
load
facility until the applicant submits
a finding
of no impact or minimal impact
issued by the State Corporation Commission
in accordance with the provisions of
§
56-580.1
.

§
56
-
580.
1.
High
load facilities
; impact assessment
.

A. As used in this section, "high load facility" means a

proposed
faci
lity or a combination of facilities that effectively operate together as one facility with an
expected
electricity demand
that exceeds
90
megawatts.

B.
In a form and manner
and with such information as determined by the Commission, the owner or operator of a high load facility may request an a
ssessment
of the impact

of its high load facility from the Commission.
Upon receipt of a complete request, the Commission shall assess whether the

high load facility
will have
a

material adverse
impact
upon
the incumbent electric utility's ability

to
(i)
to maintain electric grid reliability
, (
ii)
avoid exceeding available generation or transmission capacity constraints
,
or (i
ii
)
meet its obligations under §
56-585.5
.
The Commission shall issue its findings
within
120 days
of receipt of a complete request unless the Commission determines
a longer period is required.

C. The owner or operator of a high load facility
ma
y

request a subsequent impact assessment
if the
re is a material change in the
facts and circumstances surrounding
its
facility or
the
i
ncumbent electric utility
.