Bill Text: VA HB1125 | 2024 | Regular Session | Prefiled
Bill Title: Virginia Business Ready Expedited Permitting Program; created.
Spectrum: Bipartisan Bill
Status: (Passed) 2024-04-04 - Governor: Acts of Assembly Chapter text (CHAP0471) [HB1125 Detail]
Download: Virginia-2024-HB1125-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 2.2-2240.2:2 as follows:
§2.2-2240.2:2. Virginia Business Ready Expedited Permitting Program.
A. There is hereby created the Virginia Business Ready Expedited Permitting Program to accomplish the objectives described in this section. The Authority shall annually designate up to three sites and seven projects for participation in the Virginia Business Ready Expedited Permitting Program (the Program). For purposes of this section, "project" means an economic development project by a private business involving significant capital investment or new job creation in the locality in which the project is located. Sites and projects eligible for the Program shall include only (i) eligible sites, as that term is defined in §2.2-2240.2:1, that meet the criteria for a site development grant, including sites located in Region 1 or 2 that meet the requirements provided by § 2.2-2240.2:1, or (ii) projects with significant local, regional, or statewide economic impact that the governing body of the locality in which the project is located has either (a) approved following a public meeting or hearing or (b) submitted, by resolution, for consideration to be included in the Program. No more than two eligible sites or projects shall be designated as part of the Program within one locality annually. Where possible, sites or projects designated by the Authority for participation in the Program shall be equitably distributed geographically throughout the Commonwealth.
B. For any eligible site or project designated by the Authority for participation in the Program, the Authority shall complete a review process within 45 days of such designation. Such review process shall (i) reduce permitting conflicts by providing guidance regarding the permits needed from each agency or governmental entity and steps the applicant can take to expedite permit application review and (ii) provide guidance regarding site planning and development, site suitability and limitations, and facility design. For projects requiring multiple agency permits, the Authority may designate one agency as the lead agency to coordinate the overall permit reviews for the project.
C. For any complete application for a permit or request for approval associated with an eligible site or project designated by the Authority as part of the Program and submitted to a local governmental entity or state agency, whether or not independent, such agency or other entity shall render a decision on the application within 180 days. However, an applicant and the relevant agency or governmental entity may agree, by memorandum of understanding, to authorize a timeline for rendering decisions that exceeds 180 days. If an agency or other entity requires additional information or documentation from an applicant, including information to render the application or request complete, the agency or other entity shall notify the applicant within 60 days of receipt of the permit application or request for approval. Upon receipt of such request for additional information, an applicant shall respond to the agency or other entity with the required information or documentation within 45 days. If the applicant exceeds the 45-day response timeline, then the 180-day timeline governing an agency or other entity for approval decisions shall be extended by the same number of days by which the 45-day response timeline was exceeded. If an agency or other entity requires an approval or affirmative action from a federal entity before a decision can be rendered, then the 180-day timeline shall be extended by the number of days during which a decision on such federal approval or affirmative action is pending.
2. That the provisions of this act shall become effective on January 1, 2025.
3. That every state agency, whether or not independent, that issues permits or approvals for eligible sites, as that term is defined in § 2.2-2240.2:1 of the Code of Virginia, shall establish guidelines and procedures for implementing comprehensive permit review and evaluation pursuant to the Virginia Business Ready Expedited Permitting Program established pursuant to this act by January 1, 2025. The preparation of the guidelines shall be exempt from the requirements of Article 2 (§2.2-4006 et seq. of the Code of Virginia) of the Administrative Process Act.
