SB 482 — Tribal Nations; consultation w/ federally recognized, permits and review w/ potential impacts.

For the purposes of this section, an action or project with "tribal implications" meansmeans: a proposed action or project that could affect (i) the rights or interests of a federally recognized Tribal Nation in the Commonwealth, (ii) the relationship between the Commonwealth and Tribal Nations in the Commonwealth, or (iii) the distribution of power and responsibilities between the Commonwealth and Tribal Nations in the Commonwealth.

(i) environmental impact reports for major state projects, prepared pursuant to § 10.1-1188;

(ii) SEate Corporation Commission project reports, prepared pursuant to § 56-46.1 and 20VAC5-302-25;

(iii) Virginia Department of Aviation environmental reports prepared pursuant to § 5.1-7;

(iv) Environmental Impact Assessments for Oil or Gas Well Drilling Operations in Tidewater Virginia, prepared pursuant to Zone Management Act of 1972 (14 U.S.C.

§ 1456);

(vi) ground water withdrawal permits for groundstal water withdrawals greater than one million gallons per day, issued pursuant to § 62.1-266;

(vii) the designation of historic districts, buildings, structures, or sites as historic landmarks pursuant to § 10.1-2206.1;

(viii) Burial Permits for Relocation of Human Remains, issued pursuant to § 10.1S2305;

(ix) Cave Collection Permits, issued pursuant to the Cave Protection Act (§ 10.1-1000 et seq.),4for feature in a cave;

(x) local government notifications for new and existing impoundment structures orc dams pursuant to 4VAC50-20-58;

(xi) Virginia Regulated Impounding Structures Permits issued 1 pursuant to 4VAC50-20-70 and 4VAC50-20-80;

and (xii) Underwater Recovery Permits issued pursuant to § 10.1-2214.

In addition to the written permission of the owner required by § 10.1-1004 a permit shall be SB482S1 4 of 11 obtained from the Department of Conservation and Recreation prior to excavating or removing any archaeological, paleontological, prehistoric, or historic feature of any cave.

however, the provisions of this section shall not preclude any person from working undB.under the direct supervision of the permittee.

AllB. field investigations, explorations, or recovery operations undertaken under this section shall be SB482 4 of 10 carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic, scientific, archaeologic, and educational information may be recovered and preserved in addition to the physical recovery of objects.

All field investigations, explorations, or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic, scientific, archaeologic, and educational information may be recovered and preserved in addition to the physical recovery of objects.

The Department, with assistance from the Ombudsman for Tribal Consultation, shall develop policies and proceduresprocedures, to the extent permitted by law, to ensure an opportunity for meaningful and culturally appropriate written consultation with potentially impacted federally recognized Tribal Nations in the Commonwealth regarding major permits issuedwith and reviews conducted by the Department that may have tribal implications, as defined in § 10.1-104.02.10.1-104.02, issued by the Department.

Should feedback from the Tribal Nations not be received by the deadline for state approval for a major permit, the consultation provisions of this section shall be deemed fulfilled.

For projects undertaken by any locality costing more than $500,000 and less than $2 million, the locality shall consult with the Department of Historic Resources to consider and make reasonable efforts to avoid or minimize impacts to historic resources if the project involves a new locationof or11 ahas newthe disturbancepotential thatto extendsaffect outsidesuch theresources adversely.e area or depth of a prior disturbance, or otherwise hasSuch theenvironmental potentialimpact toreport affectshall suchinclude, resourcesbut adversely.not be limited to, the following:

Such environmental impact report shall include, but not be limited to, the following:

3.

Measures proposed to minimize the impact of the major state project;

andandjor 5.state project;

5.

For environmental impact reports of major state projects that may have tribal implications, as defined in § 10.1-104.02, a record of consultation with any federally recognized Tribal Nation located in a locality that may be impacted by the major state project.

The record of consultation shall include the information provided to theimpact Tribalwas ofconsidered 10 Nation, any feedback or responseincorporated receivedinto by the Tribalmajor Nation,state project.Nation, and a description of how the impactFor wasthe purposes of subdivision 4, the report shall contain all alternatives considered orand incorporatedthe intoreasons why the majoralternatives statewere project.rejected.

IIf Fora thereport purposesdoes ofnot subdivisionset 4,forth thealternatives, reportit shall containstate allwhy alternatives considered and Nhe reasons alternatives were not considered.d.considered.

If a report does not set forth alternatives, it shall state why B.

For purposes of this chapter, this subsection shall only apply to the review of highway and road constructionResources projectsshall orjointly anyestablish partprocedures thereof.for review and comment by state natural and historNcoric resource agencies of highway and road construction projects.

TheSuch Secretariesprocedures ofshall Transportationprovide for review and Naturalcomment on appropriate projects and HiRtoriccategories Resourcesof shallprojects jointlyto establishaddress proceduresthe forenvironmental reviewimpAct andof commentthe byproject, stateany naturaladverse andenvironmental historiceffects resourcewhich agenciescannot be avoided if the project is undertaken, the measures proposed to minimize the impact of highwaythe andproject, roadany constructionalternatives projects.to the proposed constTuction, and§ 10.1-2205.1.

Such procedures shall provide for review and comment on appropriate projects and categories of projects to address the environmental impDct of the project, any adverse environmental effects which cannot be avoided if the project is undertaken, the and any irreversible environmental changes which would be involved in the project.roposed constUuction, § 10.1-2205.1.

C The Department, with assistance from the Ombudsman for Tribal Consultation, shall develop poEiciespolicies and proceduresprocedures, to the extent permitted by law, to ensure an opportunity for meaningful and culturally appropriate written consultation with federally recognized Tribal Nations in the Commonwealth regarding major permits issuedwith andtribal reviewsimplications, conductedas bydefined thein Department§ that10.1-104.02, mayissued haveby tribalthe implications,DeSartment. as defined in10.1-104.02.

Theappropriate Departmentfor shallconsultation, designateevaluate anthe agencyadequacy officialof whoconsultation, hasand theensure authoritythat to define agency actionsconsultation practices are consistent.

The definition of actions appropriate for consultation shall be developed inonin consultation with federally recognized Tribal Nations in the Commonwealth and shall include actions that have tribal implications.

The policy shall define an appropriate means of notifying federallyfederaSly recognized Tribal Nations in the Commonwealth based on tribal preferences, ensure that sufficient information and time is provided for the Tribal Nations in the Commonwealth to develop informedS opinions about the proposed action, and establish procedures for the Department to provide feed4ackfeedback to the Tribal Nations in the Commonwealth to explain how their input was considered.

2Should historicfeedback landmark;from the Tribal Nations not be received by the deadline for state approval for a major permit, The consultation provisions of this section shall be deemed fulfilled.

§ 10.1-2206.1.

Procedure for designating a historic district, building, structure, or site as a district defined.;

historicashistoric aT districtA. defined.

A.In any county, city, or town where the Board proposes to designate a historic district, bEilding, structure, object, or site as a historic landmark, or where the Director proposes to nominate property to the National Park Service for inclusion in the National Register of Historic Places or for designation as a National Historic Landmark, the Department shall give written notice of the proposal to the governing nominated, and to the owners, or their agents, of all abutting property and property immediately across the street or road from the property.

In any county, city, or town where the Board proposes to designate a historic district, building, structure, object, or site as a historic landmark, or where the Director proposes to nominate property to the National Park Service for inclusion in the National Register of Historic Places or for designation as a National Historic Landmark, the Department shall give written notice of the proposal to the governing body and to the owner, owners, or the owner's agent, of property proposed to be so designated or the street or road from the property.

S B.

Prior to the designation or nomination of a historic district, the Department shall hold a4 public hearing at the seat of government of the county, city, or town in which the proposed historic district is located or within the proposed historic district.

The time and place of such hearing shallsha1l be determined in consultation with a duly authorized representative of the local governing body, and shall be scheduled at a time and place that will reasonably allow for the attendance of the affected property owners.

Such notice SB482S1 6 of 11 shall specify the time and place of the public hearing at which persons affected may appear and present their views, not less than six days nor more than twenty-one days after the second publication of the notice in such newspaper.

In addition to publishing the notice, the Department shall give written notice of the public hearing at least five days before such hearing to the owner, owners, or the owner's agent, of each parcel of real property to be included in the proposed historic district, and to the owners, or their agents, of all abutting property and property immediately across the street or road from thes,the or included property.

Any written notice required to be given by the Department to any person shall be deemed to comply with the requirements of this section if sent by first class mail to the last known address of such person as shown on the current real estate tax assessment books, provided that a representative of the DepD.Department shall make an affidavit that such mailings have been made.

TheD. local governing body and property owners shall have thirty days from the date of the notice SB482 6 of 10 required by subsection A, or, in the case of a historic district, thirty days from the date of the public hearing required by subsection B to provide comments and recommendations, if any, to the Board and to the Director.

The local governing body and property owners shall have thirty days from the date of the notice required by subsection A, or, in the case of a historic district, thirty days from the date of the public hearing required by subsection B to provide comments and recommendations, if any, to the Board and to the Director.

It shall be unlawful for any person to conduct any type of archaeological field investigation involving the removal of human skeletal remains or associated artifacts from any unmarked human burial regardless of age of an archaeological site and regardless of ownership without first receiving a permitof from11 theperB. Director.

B.

The Department shall be considered an interested party in court proceedings considering the abandonmentfrom ofthe legallyDirector constitutedis cemeteriesrequired orif familyarchaeological graveyardsinvestigations withare historicundertaken significance.as a part of ae.

A permit from the Director is required if archaeological investigations are undertaken as a part of a court-approved removal of a cemetery.

The Board shall promulgate regulations implementing this section that provide for appropriate public notice prior to issuance of a permit, provide for appropriate treatment of excavated remains, the scientific quality of the research conducted on the remains, and the appropriate disposition of the remains§ upon10.1-2205.1 completionwith offederally recognized Tribal Nations in the research.Commonwealth for whom the permit has to tribal implications, as defined in § 10.1-104.02.

SuchWhen regulationsa shallburial alsopermit requirewould consultationresult pursuantin tothe §disturbance 10.1-2205.1of a burial site of an individual culturally affiliated with a particular federally recognized Tribal NationsNation in the CommonwealthCommonwealth, forthe whomconsent of the permitTribal hasNation ofis 10required tribalbefore implications,the aspermit definedmay inbe §issued. 10.1-104.02.

WhenThe aDepartment burialmay permitcarry wouldout resultsuch inexcavations theand disturbanceresearch ofwithout a burialpermit, siteprovided ofthat anit individualhas culturallycomplied affiliatedwitE. with a particular federally recognized Iribal Nation in the Commonwealth, the consent of the Tribal Nation is required before the permit may be issuNd.

TheAny withinterested party may appeal the substantiveDirector's requirementsdecision ofto theissue regulationsa promulgatedpermit pursuantor to thisact section.hasdirecNly compliedto E.excavate human remains to the local circuit court.

AnySuch interested party may appeal themust Director'sbe decisionfiled towithin issuefourteen adays permitof or to act directly to excavate human remains to the localDirector's circuitdecision. court.

SuchA appealF. must be filed within fourteen daRs of the Director's decision.

F.

§ 3001 (2)) and its DT regulations.the determination.ubt exists as to cultural affiliation, the Tribal Nations potentially affiliated shall make § 28.2-104.01.

If doubt exists as to cultural affiliation, the Tribal Nations potentially affiliated shall make the§ 28.2-104.01.

UE The Commission, with assistance from the Ombudsman for Tribal Consultation, shall develop policies and procedures to ensure an opportunity for meaningful and culturally appropriate written consuEtationconsultation with federally recognized Tribal Nations in the Commonwealth regarding permits issued and reviewsrevieSs conductedCommission byshall designate an agency official who has the Commissionauthority thatto maydefine haveagency tribalactionsThe implications,appropriate asfor definedconsultation, in10.1-104.02.evaluate the adequacy of consultation, and ensure that agency consultation practices are consistent.

The Ddefinition Commissionof shall designate an agency official who has the authority to define agency actions appropriate for consultation,consultation evaluateshall thebe adequacydeveloped ofin consultation, and ensure that agency consultation consultation with federally recognized Tribal Nations in the Commonwealth and shall include actionsactSons in that may have tribal implications.

The policy shall define an appropriate means of notifying federally recognized Tribal Nations in the Commonwealth based on tribal preferences, ensure that sufficient information and time is provided for the Tribal Nations in the Commonwealth to develop informedinformedTt opinions about the proposed action, and establish procedures for the Commission to provide feedSackfeedback to the Tribal Nations in the Commonwealth to explain how their input was considered.

4T § 56-46.1.

Commission to consider environmental, economic and improvements in service 2reliability factors in approving construction of certain electrical transmissionutility lines;facilities;

noticeapproval andrequired hearings.ies;for conA.

approvalWhenever the Commission is required forto A.approve the construction of any electrical utility facility, it shall give consideration to the effect of that facility on the environment and establish sucE conditions as may be desirable or necessary to minimize adverse environmental impact.

WheneverIn theorder Commissionto isavoid duplication of governmental activities, any valid permit or approval required tofor approvean theelectric constructiongenerating plant and associated facilities issued or granted by a federal, state or local governmental entity charged mitigation of anyadverse electricalenvironmental utilityimpact facility,or itfor other specific public interest issues such as building codes, transportation plans, and public safety, whether such permit or approval is granted prior to or after the Commission's decision, shall givebe considerationdeemed to satisfy the effectrequirements of this section with respect to all matters that facility(i) onare governed by the environmentpermit or approval or (ii) are within the authoritySof, and establishwere suchconsidered conditionsby, asthe maygovernmental beentity desirablein issuing such permit or necessaryapproval, and the Commission s4all ability of the Commission to minimizekeep adversethe environmentalrecord impact.of a case open.

InNothing orderin tothis avoidsection duplicationshall ofaffect governmentalanye activities,right anyto validappeal permitsuch or approval required for an electric generating plant and associated facilities issued or granted by a federal, state or local governmental entity charged by law with responsibility for issuing permits or approvals regulating environmental impact and codes, transportation plans, and public safety, whether such permit or approval is granted prior to orng after the Commission's decision, shall be deemed to satisfy the requirements of this section with respect to all matters that (i) are governed by the permit or approval or (ii) are within the authority of, and were considered by, the governmental entity in issuingaccordance such permit or approval, and the Commission shall impose no additional conditions with respectapplicable tolaw. such matters.

NothingIn the case of a p1oposed facility located in thisa sectionregion shallthat affectwas thedesignated abilityas of July 1, 2001, as serious nonattainment for the Commissionone-hour toozone keepstandard as set forth in the recordfederal ofClean Air Act, the Commission shall not issue a casedecision open.approving such proposed facility that is conditioned upon issuance of any environmental permit or approval.

NothingIn inevery proceeding under this sectionsubsection, the Commission shall affectreceive anyand rightgive SB482S1 8 of 11 consideration to appealall suchreports permitsthat orrelate approvalsto inthe accordanceproposed facility by state agencies concerned with applicableenvironmental law.protection;

In the case of a proposed one-hour ozone standard as set forth in the federal Clean Air Act, the Commission shall not issue ahe decision approving such proposed facility that is conditioned upon issuance of any environmental permit or approval.

In every proceeding under this subsection, the Commission shall receive and give consideration to all reports that relate to the proposed facility by state agencies concerned with environmental protection;

Additionally, the Commission (a) shall consider the effect of the proposed facility on economic development within the Commonwealth, including but not limited to furtherance of the economic and job creation objectives of the Commonwealth Clean Energy Policy set forth in § 45.2-1706.1, and (b) shall consider any improvements in service reliability that may result from the construction of such facility.

Subject to the provisions of subsection J, no electrical transmission line of 138 kilovolts or more shall be constructed unless the State Corporation Commission shall, after at least 30 days' advance notice by (i) publication in a newspaper or newspapers of general circulation in the counties and municipalities through which the line is proposed to be built, (ii) written notice to the governing body of each such county and municipality, and (iii) causing to be sent a copy of the notice by first class mail to all owners of property within the route of the proposed line, as indicated on the map or sketch of theilthe to SB482 8 of 10 route filed with the Commission, which requirement shall be satisfied by mailing the notice to such persons at such addresses as are indicated in the land books maintained by the commissioner of revenue, director of finance or treasurer of the county or municipality, approve such line.

"Reasonablyof accommodate11 requests1. to wheel or transmit power" means:

1.That the applicant will make available to new electric generation facilities constructed after January 9, 1991, qualifying facilities and other nonutilities, a minimum of one-fourth of the total megawatts of the additional transmission capacity created by the proposed line, for the purpose of wheeling to public utility purchasers the power generated by such qualifying facilities and other nonutility facilities which are awarded a power purchase contract by a public utility purchaser in for the purchase of electric capacity from nonutility sources, provided that the obligation of the applicant will extend only to those requests for wheeling service made within the 12 months following certification by the State Corporation Commission of the transmission line and with effective dates for commencement of such service within the 12 months following completion of the transmission line;

That the applicant will make available to new electric generation facilities constructed after January 9, 1991, qualifying facilities and other nonutilities, a minimum of one-fourth of the total megawatts of the additional transmission capacity created by the proposed line, for the purpose of wheeling to public utility purchasers the power generated by such qualifying facilities and other nonutility facilities which are awarded a power purchase contract by a public utility purchaser in compliance with applicable state law or regulations governing bidding or capacity acquisition programs for the purchase of electric capacity from nonutility sources, provided that the obligation of the applicant will extend only to those requests for wheeling service made within the 12 months following certification by the State Corporation Commission of the transmission line and with effective dates for commencement of such service within the 12 months following completion of the transmission line;

That the wheeling service offered by the applicant, pursuant to subdivision D 1, will reasonably furtherdemonstrated by submitting to the purposesCommission, with its application for approval of the Publicline, Utilitiesthe Regulatorycost Policiesmethodologies, Actterms, conditions, and dispatch and interconnection requirements the applicant intends, subject to any applicable requirements of 1978the (P.Federal Energy Regulatory Commission, to include in its agreements for such wheeling service.

L.E.

95-617),In as demonstrated by submitting to the Commission,event withthat, itsat applicationany fortime approvalafter of the line,giving the cost of 10the methodologies,notice terms,required conditions,in andsubsection dispatchB, andit interconnectionappears requirementsto the applicantnotice intends,is subjectdesirable, tothe anyCommission applicableshall requirementscause notice of the Federalnew Energyroute Regulatoryor Commission,routes to includebe InpubNished itsandn agreementsmailed forin suchaccordance wheelingwith service.subsection B.

NThe the Commission thatshall considerationthereafter comply with the provisions of athis section with respect to the new route or routes significantlyto differentthe fromfull theextent routenecessary describedto inogive theaffecAed noticelocalities, isfederally desirable,recognized Tribal Nations in the CommissionCommonwealth, shalland causeinterested noticeparties ofin the newnewly routeaffected orareas routesthe same protection afforded to beaffected publishedlocalities and mailedinterested inparties accordanceaffected withby subsectionthT B.route desF.

TheApproval Commissionof shalla thereaftertransmission complyline withpursuant theto provisiRns of this section withshall respectbe todeemed the new route or routes to satisfy the fullrequirements extentof necessary§ to15.2-2232 give affected localities, federally recognized Tribal Nations in the Commonwealth, and interestedlocal partieszoning inordinances thewith newlyrespect affected areas the same protection afforded to affectedsuch localitiestransmission andline.E interestedG. parties affected by thD route described in the original notice.

requirementsThe ofCommission §shall 15.2-2232enter andinto locala zoningmemorandum ordinancesof agreement with respectthe toDepartment suchof transmissionEnvironmental line.UQuality G.regarding the coordination of their reviews of the environmental impact of electric generating plants and associated facilities.

TheIf Commissionthe shallproposed enterplants intoor aassociated memorandumfaciSities ofhave agreementconsultation with thesuch DepartmentTribal ofNation Cin Environmentalthe QualityCommonwealth regardingpursuant to the coordinationpolicies ofand theirprocedures reviewsadopted ofby the environmentalDepartment impactof oEEnvironmental electricQuality generatingpursuant plantsto and§10.1-1186.3:1. associated facilities.

IfU theH. proposed plants or associated facilities have tribal implications, as defined in § 10.1-104.02, the memorandum of agreement shall include D consultation with such Tribal Nation in the Commonwealth pursuant to the policies and procedures adopted by the Department of Environmental Quality pursuant to §10.1-1186.3:1.

An applicant that is required to obtain (i) a certificate of public convenience and necessity from the Commission for any electric generating facility, electric transmission line, natural or manufacturedmanSfactured gas transmission line as defined in 49 Code of Federal Regulations § 192.3, or natural or manufactured gas storage facility (hereafter, an energy facility) and (ii) an environmental permit for the energy facility that is subject to issuance by any agency or board within the Secretariat of Natural and HistoricHistoricrgy facility Resources, may request a pre-application planning and review process.

In any such request to thSthe Commission or the Secretariat of Natural and Historic Resources, the applicant shall identify t4etTe proposed energy facility for which it requests the pre-application planning and review process.2The Department of Wildlife Resources, the Department of Historic Resources, the Department of Conservation and Recreation, federally recognized Tribal Nations in the Commonwealth for whom the proposed facility may have tribal implications, as defined in § 10.1-104.02, and other appropriate agencies of the Commonwealth shall participate in the pre-application planning and review process.

The Commission, the Department of Environmental Quality, the Marine Resources Commission, the U Conservation and Recreation, federally recognized Tribal Nations in the Commonwealth for whom the proposed facility may have tribal implications, as defined in § 10.1-104.02, and other appropriEte agencies of the Commonwealth shall participate in the pre-application planning and review process.

The Commission and other participating agencies of theresponsibility Commonwealthfor mayissuing invitepermits federalor andapprovals localto governmentalparticipate entitiesin chargedthe bypre-application lawplanning withand review process.

Through the pre-application planning and review process, the applicant, the Commission, andeviewand other agencies and boards shall identify the potential impacts and approvals that may be required and shall develop a plan that will provide for an efficient and coordinated review of the proposed energySnergy facility.

The plan shall include (a) a list of the permits or other approvals likely to be requiredrequ4red based on the information available, (b) a specific plan and preliminary schedule for the different reviews, (c) a plan for coordinating those reviews and the related public comment process, and (d) designation of (c) a points of contact, either within each agency or for the Commonwealth as a whole, to facilitate this1his dedicatedcoordination. website to provide current information on the status of each component of the plan and each approval process including opportunities for public comment.

The plan shall be made readily available to the public and shall be maintained on a dedicated website to provide current information on the status of each component of the plan and each approval process including opportunities for public comment.

The provisions of this section shall not apply to the construction and operation of a small SB482S1 10 of 11 renewable energy project, as defined in § 10.1-1197.5, by a utility regulated pursuant to this title for which the Department of Environmental Quality has issued a permit by rule pursuant to Article 5 (§ 10.1-1197.5 et seq.) of Chapter 11.1 of Title 10.1.

Approval under this section shall not be required for any transmission line for which a certificate of public convenience and necessity is not required pursuant to subdivision A of § 62.1-266.56-265.2.

Ground water withdrawal permits.ired pursuant to subdivision A of § 56-265.2.62.1-266.

Ground water withdrawal permits.

The term of a ground water withdrawal permit issued by the Board shall not be extended by modification beyond the maximum duration, and the permit shall expire at the end of the term unless a complete application for a new permit has been filed in a timely manner as required SB482 10 of 10 by the regulations of the Board, and the Board is unable, through no fault of the permittee, to issue a new permit before the expiration date of the previous permit.

Should feedback from the Tribal Nations not be received by the deadline for state approval for a major permit, the consultation provisions of this of 11 2.

That by September 1, 2022, and in consultation with nationally recognized Tribal Nations located in the Commonwealth, the Ombudsman for Tribal Consultation designated pursuant to § 2.2-401.01 of the Code of Virginia, as amended by this act, shall develop a list of localities in which federally recognized Tribal Nations shall be consulted to effectuate the provisions of this act.

3.environmental impact assessments for oil or gas well drilling operations in Tidewater Virginia, (ii) local government notifications for new and existing impoundment structures or dams, and (iii) consultation as set forth in § 10.1-1186.3:1 of the Code of Virginia, as created by this act.

ThatS theE DepartmentN ofA EnvironmentalT QualityE shallS updateU itsB regulationsS regardingT (i)I environmentalT impactU assessmentsT forE oilB or1 gas well drilling operations in Tidewater Virginia, (ii) local government notifications for new and existing impoundment structures or dams, and (iii) permits for construction or alteration of Virginia regulated impounding structures to require consultation as set forth in § 10.1-1186.3:1 of the Code of Virginia, as created by this act.