Virginia Code 15.2-2316.8: Powers of host localities
A. The governing body of a host locality shall have the power to:
Terms Used In Virginia Code 15.2-2316.8
- Contract: A legal written agreement that becomes binding when signed.
- Energy storage project: means the energy storage facilities within the project site. See Virginia Code 15.2-2316.6
- Governing body: means the board of supervisors of a county, council of a city, or council of a town, as the context may require. See Virginia Code 15.2-102
- Host locality: means any locality within the jurisdictional boundaries of which construction of a commercial solar project or an energy storage project is proposed. See Virginia Code 15.2-2316.6
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
- Quorum: The number of legislators that must be present to do business.
- Solar project: means the solar facilities, subject to this chapter, that are within the project site. See Virginia Code 15.2-2316.6
1. Hire and pay consultants and other experts on behalf of the host locality in matters pertaining to the siting of a solar project or energy storage project;
2. Meet, discuss, and negotiate a siting agreement with an applicant; and
3. Enter into a siting agreement with an applicant that is binding upon the governing body of the host locality and enforceable against it and future governing bodies of the host locality in any court of competent jurisdiction by signing a siting agreement pursuant to this article. Such contract may be assignable at the parties’ option.
B. If the parties to the siting agreement agree upon the terms and conditions of a siting agreement, the host locality shall schedule a public hearing, pursuant to subsection A of § 15.2-2204, for the purpose of consideration of such siting agreement. If a majority of a quorum of the members of the governing body present at such public hearing approve of such siting agreement, the siting agreement shall be executed by the signatures of (i) the chief executive officer of the host locality and (ii) the applicant or the applicant’s authorized agent. The siting agreement shall continue in effect until it is amended, revoked, or suspended.