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(A) This subchapter shall apply to all solar photovoltaic (electric energy) systems except those:
(1) Described in §§ 56-594, 56-594.01, or 56-594.2 or Chapters 358 and 382 of the Acts of Assembly of 2013, as amended;
(2) Twenty megawatts or less, as measured in alternating current (AC) generation capacity, for which an initial interconnection request form has been filed with an electric utility or a regional transmission organization on or before December 31, 2018; or
(3) Five megawatts or less, as measured in alternating current (AC) generation capacity.
(B) This subchapter shall not apply to any solar photovoltaic (electric energy) project for which an application was filed with the county before July 1, 2020, unless:
(1) The county and the applicant or owner agree to revise any existing voluntary payment agreement, or enter into any new voluntary payment agreement, under which the applicant or owner agree to voluntarily waive a portion of the exemption from machinery and tools tax as provided in VA Code § 58.1-3660, as amended.
(2) The county and the applicant or owner agree to substitute the amount of such voluntary payment for a similar amount of a solar energy revenue share authorized by VA Code § 58.1-2636.
(3) For purposes of this subchapter, "application has been filed with the locality" means an applicant has filed an application for a zoning confirmation from the county for a by-right use, or an application for land use approval under the county's zoning ordinance to include an application for a conditional use permit, special use permit, special exception, or other application as set out in the locality's zoning ordinance.
(C) Nothing in this section shall preclude an applicant or owner of a solar photovoltaic (electric energy) project previously approved by the county or who filed an application with the county before July 1, 2020 from entering into a written agreement to submit such project to be subject to the provisions of this subchapter.
(Ord. passed 8-13-2020)