2.2-6000 - (Contingent effective date - see Editor's notes) Form of compact.
§ 2.2-6000. (Contingent effective date - see Editor's notes) Form of compact.
The General Assembly hereby enacts and the Commonwealth of Virginia herebyenters into, the Mid-Atlantic Offshore Wind Energy Infrastructure DevelopmentCompact in the form substantially as follows:
Article I. Policy and Purpose.
The party states recognize that in order to reduce energy dependency there isa need to fully explore the use of all energy sources. It is the policy ofthe party states to undertake such cooperation on a continuing basis; it isthe purpose of this compact to provide the instruments and framework for sucha cooperative effort to improve the development of offshore wind energyinfrastructure and operations with the objective of contributing to greaterenergy independence and improving the individual and community well-being ofthe citizens of the party states.
Extensive regional coordination among decision-makers from different sectorsincluding but not limited to regulators, utilities and project developers, isrequired for the most efficient use of investment capital and availableenergy resources. If states act independently in planning the development oftheir offshore wind resources, there are likely to be "boom and bust"effects on local economic development in the party states. In addition,coordinated planning is essential to develop an appropriate offshore electricpower cable transmission network, to which offshore wind projects caninterconnect without each project having its own power cable to shore, inorder to minimize potential conflicts with other ocean users and to minimizethe number of cable shore crossings and attendant environmental impacts inthe environmentally sensitive coastal zones of each of the party states.Finally, collaborative research is needed to accurately model theMid-Atlantic and southeastern offshore wind resource, which spans multiplestates, and its interaction with the electric utility grid, which also spansmultiple states.
Article II. Agreement.
The Commonwealth of Virginia and the States of Delaware, Maryland, NewJersey, and New York agree, upon the adoption of this compact:
1. To study, develop, and promote coordinated research and planning of thedesign, construction, utility interconnection, financing, and operation ofoffshore wind energy infrastructure and operations directly adjacent to theshores of the party states;
2. To coordinate efforts to establish offshore wind energy infrastructure andoperations at the federal, state, and local governmental levels;
3. To advocate for federal funding to support the establishment of offshorewind energy infrastructure and operations directly adjacent to the shores ofthe party states to receive federal funds made available for offshore windenergy infrastructure and operations;
4. To provide funding and resources to the Mid-Atlantic Offshore Wind EnergyInfrastructure Development Board from funds that are or may become availableand are appropriated for that purpose; and
5. To cooperate with the United States Department of Energy or any agencysuccessor thereto, any other office or agency of the United States, and anyother governmental unit or agency or officer thereof, and with any privatepersons or agencies in any of the fields of its interests.
Article III. The Board.
A. There is created an agency of the party states to be known as the"Mid-Atlantic Offshore Wind Energy Infrastructure Development Board"(hereinafter called the Board). The Board shall be composed of five membersfrom each party state. In each state, one member shall be appointed by theGovernor; one member shall be appointed by the Senate; one member shall beappointed by the Speaker of the House of Delegates; one member shall beappointed by the Governor as a representative of the offshore wind academicresearch community; and one member shall be appointed by the Governor as arepresentative of the electric utility industry. Each member shall bedesignated or appointed in accordance with the law of the state that herepresents and shall serve and be subject to removal in accordance with suchlaw. Any member of the Board may provide for the discharge of his duties andthe performance of his functions thereon (either for the duration of hismembership or for any lesser period of time) by a deputy or assistant, if thelaws of his state make specific provisions therefor.
B. Each party state shall be entitled to one vote on the Board, to bedetermined by majority vote of each member or member's representative fromthe party state present and voting on any question. No action of the Boardshall be binding unless taken at a meeting at which a majority of all partystates are represented and unless a majority of the total number of votes onthe Board are cast in favor thereof.
C. The chairman of the Board shall be chosen by members of the Board fromamong its membership for a term of one year, and shall alternate between themember states.
D. The Board shall meet at least twice each year at a location agreed upon bythe party states.
E. The Board may utilize, for its operations and expenses, funds appropriatedto it therefor by the legislatures of the party states. The Board may acceptfor any of its purposes and functions under this compact any and alldonations and grants of money, equipment, supplies, materials, and servicesfrom any state or the United States or any subdivision or agency thereof, orinterstate agency, or from any institution, person, firm, or corporation, andmay receive, utilize, and dispose of the same.
F. The Board annually shall make to the governor of each party state a reportcovering the activities of the Board for the preceding year and embodyingsuch recommendations as may have been adopted by the Board, which reportshall be transmitted to the legislature of each state. The Board may issuesuch additional reports as it may deem desirable.
Article IV. Severability and Construction.
The provisions of this compact shall be severable and if any phrase, clause,sentence, or provision of this compact is declared to be contrary to theconstitution of any participating state or of the United States or theapplicability thereof to any government, agency, person, or circumstance isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person, or circumstanceshall not be affected thereby. If this compact shall be held contrary to theconstitution of any state participating therein, the compact shall remain infull force and effect as to the remaining states and in full force and effectas to the state affected as to all severable matters. The provisions of thiscompact shall be liberally construed to effectuate the purposes thereof.
(2009, c. 316.)