CODE OF VIRGINIA

SCHEDULE (§ 67-202)

A. The Division shall complete the Plan by July 1, 2007.

B. Prior to completion of the Plan and updates thereof, the Division shall
present drafts to, and consult with, the Coal and Energy Commission and the
Commission on Electric Utility Regulation.

C. The Plan shall be updated by the Division and submitted as provided in §
67-203 by July 1, 2010, October 1, 2014, and every fourth October 1 thereafter.
In addition, the Division shall provide interim updates on the Plan by October 1
of the third year of each administration. Updated reports shall reassess goals
for energy conservation based on progress to date in meeting the goals in the
previous plan and lessons learned from attempts to meet such goals.

D. Beginning with the Plan update in 2014, the Division shall include a section
to set forth energy policy positions relevant to any potential regulations
proposed or promulgated by the State Air Pollution Control Board to reduce
carbon dioxide emissions from fossil fuel-fired electric generating units under
§ 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d). In this section of the
Plan, the Division shall address policy options for establishing separate
standards of performance pursuant to § 111(d) of the Clean Air Act, 42 U.S.C.
§ 7411(d), for carbon dioxide emissions from existing fossil fuel-fired
electric generating units to promote the Plan’s overall goal of fuel
diversity as follows:

   1.  The Plan shall address policy options for establishing the standards of
   performance for existing coal-fired electric generating units, including but
   not limited to the following factors:
               
               
            

      a.  The most suitable system of emission reduction that (i) takes into
      consideration (a) the cost and benefit of achieving such reduction, (b) any
      non-air quality health and environmental impacts, and (c) the energy
      requirements of the Commonwealth and (ii) has been adequately demonstrated
      for coal-fired electric generating units that are subject to the standard of
      performance;

      b.  Reductions in emissions of carbon dioxide that can be achieved through
      measures reasonably undertaken at each coal-fired electric generating unit;
      and

      c.  Increased efficiencies and other measures that can be implemented at
      each coal-fired electric generating unit to reduce carbon dioxide emissions
      from the unit without converting from coal to other fuels, co-firing other
      fuels with coal, or limiting the utilization of the unit.

   2.  The Plan shall also address policy options for establishing the standards
   of performance for existing gas-fired electric generating units, including but
   not limited to the following factors:
               
            

      a.  The application of the criteria specified in subdivisions 1 a and b to
      natural gas-fired electric generating units, instead of to coal-fired
      electric generating units; and

      b.  Increased efficiencies and other measures that can be reasonably
      implemented at the unit to reduce carbon dioxide emissions from the unit
      without switching from natural gas to other lower-carbon fuels or limiting
      the utilization of the unit.

   3.  The Plan shall examine policy options for state regulatory action to adopt
   less stringent standards or longer compliance schedules than those provided
   for in applicable federal rules or guidelines based on analysis of the
   following:
               
               
               
               
               
               
            

      a.  Consumer impacts, including any disproportionate impacts of energy price
      increases on lower-income populations;

      b.  Unreasonable cost of reducing emissions resulting from plant age,
      location, or basic process design;

      c.  Physical difficulties with or impossibility of implementing emission
      reduction measures;

      d.  The absolute cost of applying the performance standard to the unit;

      e.  The expected remaining useful life of the unit;

      f.  The economic impacts of closing the unit, including expected job losses,
      if the unit is unable to comply with the performance standard; and

      g.  Any other factors specific to the unit that make application of a less
      stringent standard or longer compliance schedule more reasonable.

   4.  The Plan shall identify options, to the maximum extent permissible, for
   any federally required regulation of carbon dioxide emissions from existing
   fossil fuel-fired electric generating units, regulatory mechanisms that
   provide flexibility in complying with such standards, including the averaging
   of emissions, emissions trading, or other alternative implementation measures
   that are determined to further the interests of the Commonwealth and its
   citizens.

HISTORY: 2006, c. 939; 2008, cc. 651, 883; 2014, cc. 161, 419, 603, 756.