Chief Patron: Locke
Reentering the Regional Greenhouse Gas Initiative (language only)

Item 364 #1s

Language

Page 188, line 9, set out Item 364.

At the end of the Item, insert:

"E. All agencies or authorities of the Commonwealth with responsibilities identified in § 10.1-1330 of the Code of Virginia shall take all actions necessary to rejoin the Regional Greenhouse Gas Initiative, as defined in § 10.1-1329 of the Code of Virginia, and resume participation therein. Such required actions include (i) reissuing or otherwise reinstating the final regulation titled 9VAC5-140, Regulation for Emissions Trading Programs, published in the Virginia Register of Regulations on August 3, 2020, including any amendments necessary to account for the time such regulation was not in effect, no later than 90 days from the effective date of this act; (ii) repealing or otherwise nullifying the final regulation titled 9VAC5-140, Regulation for Emissions Trading Programs, published in the Virginia Register of Regulations on July 31, 2023, no later than 90 days from the effective date of this act; (iii) no later than January 1, 2027, amending the reinstated regulation to conform to the Model Rule issued by the Regional Greenhouse Gas Initiative on or about July 3, 2025; (iv) selling the allowances generated by the reissued regulatory program through auctions run by the Regional Greenhouse Gas Initiative; (v) transferring auction proceeds in accordance with subsection B of § 10.1-1330 of Code of Virginia with the responsible agencies disbursing such funds as expediently as possible; and (vi) providing annual reporting in accordance with subsection C of § 10.1-1330 of Code of Virginia. Any regulatory actions necessary to effectuate the requirements of this item are hereby exempted from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). The Department of Environmental Quality shall complete such regulatory actions without further action by the State Air Pollution Control Board."