Chief Patron: Herring
Requirement to Rejoin the Regional Greenhouse Gas Initiative (language only)

Item 4-5.12 #1h

Language

Page 698, after line 41, insert:

"§ 4-5.12 REGIONAL GREENHOUSE GAS INITIATIVE PARTICIPATION

a. As a condition on all appropriations in this act and notwithstanding any other provision of this act, or any other law, no expenditures from general, special, or other nongeneral fund sources from any appropriation by the General Assembly shall be used to take any action that impedes or otherwise interferes with Virginia's rejoining of the Regional Greenhouse Gas Initiative or continued participation therein. As a further condition on all appropriations in this act and notwithstanding any other provision of this act, or any other law, any state agency or authority with responsibilities identified in Code § 10.1-1330 must immediately take all actions necessary to rejoin the Regional Greenhouse Gas Initiative and continue participating therein. Such required actions include, but are not limited to, repealing the final regulation titled 9VAC5-140, Regulation for Emissions Trading Programs published in the Virginia Register on July 31, 2023, reissuing the final regulation titled 9VAC5-140, Regulation for Emissions Trading Programs published in the Virginia Register on August 3, 2020, selling the allowances generated by the reissued regulatory program through auctions run by the Regional Greenhouse Gas Initiative, distributing auction proceeds in accordance with Code § 10.1-1330(C) and appropriations included herein, and providing annual reporting in accordance with Code § 10.1-1330(D). Any regulatory action necessary to effectuate the requirements of this provision is hereby exempted from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.); the Department of Environmental Quality must complete such regulatory action without further action by the Air Pollution Control Board and the reissued regulatory program must take effect no later than 90 days from the effective date of this act.

b. As a further condition on all appropriations in this act and notwithstanding any other provision of this act, or any other law, any auction proceeds received from allowance sales in the Regional Greenhouse Gas Initiative, including proceeds associated with the auction held on or about December 6, 2023, and not otherwise already appropriated, are hereby appropriated for the purposes and in the percentages set forth in § 10.1-1330(C), Code of Virginia. The Department of Housing and Community Development shall use its portion of this appropriation to continue the Housing Innovations in Energy Efficiency Program, and shall continue to fund and administer the Affordable and Special Needs Housing program and Weatherization Deferral Repair program. The Department of Conservation and Recreation shall use its portion of this appropriation to continue to fund and administer the Community Flood Preparedness Fund."