Pursuant to the Small Renewable Energy Projects Act of 2009 (§10.1-1197.5 et seq. of the Code of Virginia), the Department is directed to develop one or more permits by rule “if it is determined by the Department that one or more such permits by rule are necessary for the construction and operation of small renewable energy projects.” DEQ filed a Notice of Intended Regulatory Action (NOIRA) for each renewable energy resource (or group of related resources).
The Water Related RAP was established in September 2011 to consider a potential PBR for the water related renewable resources that are listed in the 2009 statute; i.e., falling water, wave motion, tides, and geothermal power.
After careful consideration of the issues, it was the consensus recommendation of the Water Related RAP that it is not necessary or appropriate, under current conditions, for DEQ to develop a PBR regulation for renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power. The RAP further recommended that DEQ re-evaluate the potential need for a PBR regulation concerning these water related renewable energy resources in 2014, or sooner if circumstances or public requests so indicate.
The Department, with concurrence of the RAP, determined that it would be appropriate to conduct a 30-day informal public comment period concerning the RAP’s recommendations.
The informal public comment period ended on November 28, 2011, and no comments were received.
On December 2, 2011, the Director determined that it is not necessary or appropriate, under current conditions, for DEQ to develop a PBR regulation for renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power. Further, the Director decided that DEQ will re-evaluate the potential need for a PBR regulation concerning these water related renewable energy resources in 2014, or sooner if circumstances or public requests so indicate.