Role of local governments in achieving objectives of the Commonwealth Energy Policy (§ 67-103)—Virginia Decoded

Role of local governments in achieving objectives of the Commonwealth Energy Policy

In the development of any local ordinance addressing the siting of renewable energy facilities that generate electricity from wind or solar resources, the ordinance shall:

1. Be consistent with the provisions of the Commonwealth Energy Policy pursuant to subsection C of § 67-102;

2. Provide reasonable criteria to be addressed in the siting of any renewable energy facility that generates electricity from wind and solar resources. The criteria shall provide for the protection of the locality in a manner consistent with the goals of the Commonwealth to promote the generation of energy from wind and solar resources; and

3. Include provisions establishing reasonable requirements upon the siting of any such renewable energy facility, including provisions limiting noise, requiring buffer areas and setbacks, and addressing generation facility decommissioning.

Any measures required by the ordinance shall be consistent with the locality’s existing ordinances.

History

2011, c. 750.

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Court Decisions

. . . 63 Fair empl.prac.cas. (Bna) 1051, 63 Empl. Prac. Dec. P . . . (Court of Appeals for the Fourth Circuit, 01/13/94)
. . . California, 489 U.S. 121, 133, 109 S.Ct. 959, 966-67, 103 L.Ed.2d 99 (1988). The defendant need not . . .

. . . Clarence T. Berrier v. Sherrill Allen Garland Shook Herb . . . (Court of Appeals for the Fourth Circuit, 12/13/91)
. . . segregation quarters," Hewitt, 459 U.S. at 466-67, 103 S.Ct. at 869, because "administrative . . .

. . . United States of America, Ex Rel Taxpayers Against Fraud . . . (Court of Appeals for the Fourth Circuit, 11/22/89)
. . . ;amp; Co. v. Rubber Workers, 461 U.S. 757, 766-67, 103 S.Ct. 2177, 2183-84, 76 L.Ed.2d 298 (1983).26 . . .

United States v. Regan (District Court, E.D. Virginia, 10/25/02)
. . . sentences. Barclay v. Florida, 463 U.S. 939, 966-67, 103 S.Ct. 3418, 77 L.Ed.2d 1134 (1983); Llera . . .

Scharf v. United States (District Court, E.D. Virginia, 04/03/85)
. . . federal statute." Dickerson, 460 U.S. at 112 n. 6-7, 103 S.Ct. at 991 n. 6-7. For example, the term . . .

Wag More Dogs, Ltd. Liability Corp. v. Cozart (Court of Appeals for the Fourth Circuit, 05/22/12)
. . . motivation for mailing the pamphlets. Id. at 66-67, 103 S.Ct. 2875. The Court cautioned that it did . . .

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Amendment Attempts

SB647: Energy mandates; SCC and JLARC to prepare an assessment of economic impact on customers. (failed)

HB1274: Energy mandates; SCC and JLARC to prepare an assessment of economic impact on customers. (failed)

SB647: Energy mandates; SCC and JLARC to prepare an assessment of economic impact on customers. (failed)

SB862: Commonwealth Energy Policy; local renewable energy facility siting ordinances. (passed)

HB1184: Distributed solar & other renewable energy; sales of electricity under third-party agreements. (passed)

SB1284: Commonwealth Clean Energy Policy; established.