In addition to Wind,  Solar, and Combustion Based energy projects, the 2009 “Small Renewable Energy Projects” statute addresses electricity generation from water related sources; that is, falling water, wave motion, tides, and geothermal resources. A Notice of Intended Regulatory Action (Water Related NOIRA) for water related projects was published in Virginia Register of Regulations on July 21, 2011, for the purpose of developing one or more permits by rule for water related energy projects with a rated capacity not exceeding 100 megawatts, if the Department determines that a permit by rule is necessary. The Water Related RAP met in September and October, 2011, to consider all public comments submitted during the NOIRA public comment period, as well as the results of staff research, and expert input and advice. 

After careful consideration of the issues, the Water Related RAP recommended 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 at this time. 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.  DEQ conducted an informal 30-day public comment period during which no comments were received. On December 2, 2011, DEQ Director David Paylor, formally agreed with the Water Related RAP recommendation as stated above. A copy of the Director's Final Decision memorandum can be found on the Virginia Regulatory Town Hall and by clicking the link below. 

Minutes of the RAP’s deliberations, all documents reviewed by the RAP, and the RAP recommendation may be found on the Virginia Regulatory Town Hall [enter Keywords "water  related" to access all associated documents].  To stay current on any future regulatory actions regarding water-related resources, click on the Public Notices section of the Renewable Energy site.

Please contact Carol Wampler at (804) 698-4579 or Carol.Wampler@deq.virginia.gov with any questions.