Introduction

Title 45.1 (Mines and Mining) contains provisions of the Code of Virginia that address mining, drilling, and energy-related matters in the Commonwealth, including the mining of coal, the mining of minerals, the drilling of gas and oil wells, exploration for uranium ore, geothermal energy, and solar energy. Closely related to these provisions are the laws establishing an energy policy for the Commonwealth, addressing topics that include offshore and coastal energy, that can be found in certain chapters of Title 67 (Virginia Energy Plan).

Title 45.1 has not been completely revised since 1966, at which time the title consisted of 15 chapters. In the ensuing 54 Regular Sessions of the General Assembly, 29 chapters have been added and 20 have been repealed, including the 15 original chapters, which were repealed in a 1994 revision of the Mine Safety Act. The result is the existing title, which comprises 24 current chapters. Neither the one chapter proposed to be relocated from Title 11 to the current revision nor the two sections proposed to be relocated from Title 62.1 to the current revision were in existence when the Code of 1950 was adopted. In the years intervening since 1966, the original organizational scheme has been compromised by the insertion of new chapters within or at the end of the title and by the insertion of new sections within or at the end of existing chapters, often with cumbersome section numbers.

Title 67 was created in 2006 and initially consisted of 10 chapters. Later sessions of the General Assembly added seven chapters for a total of 17 chapters. One chapter of Title 67 has expired since 2006, and two have failed to become effective since their enactment in 2006. Of the 14 other chapters currently in Title 67, nine relate to topics covered in Title 45.1 and would be appropriately located in a revision of Title 45.1. The other five chapters remaining in Title 67 would be more appropriately located in other titles of the Code of Virginia that correspond to their subject matters.

It has become appropriate to (i) organize the laws in a more logical manner, (ii) remove obsolete and duplicative provisions, and (iii) improve the structure and clarity of statutes pertaining to mines, minerals, and energy in the Commonwealth.

Organization of Proposed Title 45.2

Title 45.1 is renamed from Mines and Mining to Mines, Minerals, and Energy in the proposed title to more accurately describe the proposed title's scope. Title 67 (Virginia Energy Plan) is repealed in its entirety, and its chapters are relocated to proposed Title 45.2 and other titles of the Code of Virginia as appropriate.

Proposed Title 45.2 consists of 21 chapters that are drawn from both existing Title 45.1 and existing Title 67 and are divided into five proposed subtitles: Subtitle I (Administration), Subtitle II (Coal Mining), Subtitle III (Mineral Mines), Subtitle IV (Gas and Oil), and Subtitle V (Other Sources of Energy; Energy Policy).

Subtitle I (Administration) contains proposed Chapters 1 through 4, all of which pertain to the administration of the mines, minerals, and energy laws of the Commonwealth.

Proposed Chapter 1 (Administration) includes provisions relating to the Department of Mines, Minerals and Energy. It contains existing Chapters 14.1 (Administration) and 25 (Division of Geology and Mineral Resources).

Proposed Chapter 2 (Interstate Mining Compact) contains provisions found in existing Chapter 20 of the same name and is an interstate compact with 15 other states that became effective in Virginia in 1977 and addresses the conservation and use of mined land.

Proposed Chapter 3 (Interstate Compact to Conserve Oil and Gas) contains the provisions from existing Chapter 24 of the same name and is an interstate compact with 14 other states that became effective in Virginia in 1982 and addresses the conservation of oil and gas by preventing the physical waste of such substances.

Proposed Chapter 4 (Presumptions Regarding Ownership) contains the provisions of existing Chapter 14.7:3 (Mineral Rights), which addresses presumptions regarding ownership of underground substances including coal, minerals, gas, and oil.

Subtitle II (Coal Mining) contains proposed Chapters 5 through 10, relating to coal mining. The subtitle is divided into three parts: Part A (Coal Mines Generally), containing proposed Chapters 5 and 6; Part B (Underground Coal Mines), containing proposed Chapters 7 and 8; and Part C (Surface Coal Mines), containing proposed Chapters 9 and 10.

Proposed Chapter 5 (Coal Mine Safety Act) contains the provisions of existing Chapter 14.2 of the same name, which governs the safe operation of surface and underground coal mines.

Proposed Chapter 6 (Coal Mining Property, Interests, Adjacent Owners, and Dams) contains several miscellaneous provisions found in existing Chapters 14.7 (Rights of Owners of Land Adjacent to Coal Mines), 14.7:2 (Trust for Coal Interests), 14.8 (Emergency Seizure of Coal Properties by Commonwealth), and 18 (Coal Mining Refuse Piles, Water and Silt Retaining Dams), all of which pertain to matters related to the mining of coal. The topics in the proposed chapter include the rights of an owner of land adjacent to a coal mine; the establishment of a trust for a missing owner of an interest in coal that is being produced; the seizure and operation by the Commonwealth of a coal business under certain circumstances; and the design, construction, and operation of certain retaining dams at coal mines.

Proposed Chapter 7 (Requirements Applicable to Underground Coal Mines; Mine Construction) contains Articles 1, 2, 3, 5 through 8, 15, and 16 of existing Chapter 14.3 (Requirements Applicable to Underground Coal Mines), pertaining to duties of miners; proximity of mining to gas or oil wells; roof, face, and rib control; explosives and blasting; mine openings and escapeways; hoisting; transportation; and surface areas.

Proposed Chapter 8 (Requirements Applicable to Underground Coal Mines; Electricity, Safety, Etc.) contains Articles 4 and 9 through 14 of existing Chapter 14.3 (Requirements Applicable to Underground Coal Mines), pertaining to mechanical equipment; electricity; fire prevention and control; ventilation, mine gases, and other hazardous conditions; personal safety and smoking; and first aid equipment, medical care, and emergency medical services providers.

Proposed Chapter 9 (Requirements Applicable to Surface Coal Mines) contains the provisions of existing Chapter 14.4 of the same name, pertaining to general provisions; work area examinations, recordkeeping, and reporting; personal protection; first aid equipment, medical care, and emergency medical services providers; fire prevention and control; surface equipment; travel ways and loading and haulage areas; dust control; electricity; explosives and blasting; ground control; auger and highwall mining; and proximity of mining to gas or oil wells or vertical ventilation holes.

Proposed Chapter 10 (Virginia Coal Surface Mining Control and Reclamation Act of 1979) contains the provisions of existing Chapter 19 of the same name. The topics in the proposed chapter include general and administrative provisions; regulation of mining activity; National Pollutant Discharge Elimination System Permit; replacement of water supply; abandoned mine reclamation; and the Coal Surface Mining Reclamation Fund. Subtitle III (Mineral Mines) contains proposed Chapters 11 through 15, all of which pertain to the operation of mineral mines in the Commonwealth. The subtitle is divided into three parts: Part A (Mineral Mines Generally), containing proposed Chapters 11, 12, and 13; Part B (Underground Mineral Mines), containing proposed Chapter 14; and Part C (Surface Mineral Mines), containing proposed Chapter 15.

Proposed Chapter 11 (Mineral Mine Safety Act) contains the provisions of existing Chapter 14.4:1 of the same name, which provides for the appointment of the Director of the Department of Mines, Minerals and Energy and of mining inspectors, the certification of mineral mine workers, the licensing of mineral mines, and the establishment of mine rescue teams; and includes the topics of mine explosions, fires, and accidents; mine inspections; enforcement of mining laws and penalties and reports of violations; and miner training.

Proposed Chapter 12 (Permits for Certain Mining Operations; Reclamation of Land) contains the provisions of existing Chapter 16 of the same name, which governs the regulation of mining activity, orphaned lands, and the Minerals Reclamation Fund.

Proposed Chapter 13 (Mineral Mining Dams; Adjacent Owners) contains the provisions of existing Chapters 14.7:1 (Rights of Owners of Land Adjacent to Mineral Mines) and 18.1 (Mineral Mining Refuse Piles, Water and Silt Retaining Dams), which deal with the rights of adjacent land owners and the regulation of mineral mining retaining dams and refuse piles, respectively.

Proposed Chapter 14 (Requirements Applicable to Underground Mineral Mines) contains the provisions of existing Chapter 14.5 of the same name, which governs the regulation of underground mineral mines in the Commonwealth and mining in proximity to gas and oil wells, as well as the use of flame safety lamps.

Proposed Chapter 15 (Requirements Applicable to Surface Mineral Mines) contains the provisions of existing Chapter 14.6 (Requirements Applicable to Surface Mineral Mining), which governs the regulation of surface mineral mining in the Commonwealth, as well as mining in proximity to gas and oil wells, health regulations, and respiratory equipment.

Subtitle IV (Gas and Oil) contains proposed Chapter 16 (Virginia Gas and Oil Act), which contains the provisions of existing Chapter 22.1 (The Virginia Gas and Oil Act) governing gas and oil conservation and regulation of gas and oil development and production. In addition, two existing sections found in Title 62.1 (§§ 62.1-195.1 and 62.1-195.3), which govern gas and oil drilling in the Chesapeake Bay and Tidewater Virginia and certain uses of hydraulic fracturing, are relocated to proposed Chapter 16.

Subtitle V (Other Sources of Energy; Energy Policy) contains proposed Chapters 17 through 21, pertaining to other sources of energy, including wind, solar, geothermal, and nuclear, and to the energy policy of the Commonwealth.

Proposed Chapter 17 (Other Sources of Energy Generally) contains the provisions of existing Chapter 26 (Energy Division, Etc.), a one-section chapter, to which the provisions of a definitions section from Title 67 (§ 67-200) has been added. The proposed chapter also contains several provisions from other titles of the Code of Virginia. It includes existing Chapter 6.1 of Title 11 (Energy and Operational Efficiency Performance-Based Contracting Act), which is administered by the Department of Mines, Minerals and Energy and addresses investment in energy conservation measures and facility technology infrastructure upgrades and modernization in facilities owned by state and local government, as well as four chapters from Title 67: existing Chapters 1 (Energy Policy of the Commonwealth) and 2 (Virginia Energy Plan), which establish policies for the Commonwealth and require a plan to carry them out; existing Chapter 6 (Virginia Coastal Energy Research Consortium), which establishes a research entity dealing with coastal energy issues; and existing Chapter 16 (Southwest Virginia Energy Research and Development Authority), which establishes an authority to promote opportunities for energy development in Southwest Virginia.

Proposed Chapter 18 (Wind Energy) contains existing § 45.1-161.5:1, which establishes the Division of Offshore Wind within the Department of Mines, Minerals and Energy, as well as the provisions of two chapters from Title 67: existing Chapter 3 (Offshore Wind Energy Resources), a one-section chapter that states the policy of the Commonwealth regarding offshore wind energy, and existing Chapter 12 (Virginia Offshore Wind Development Authority), which establishes an authority to support the development of the offshore wind energy industry.

Proposed Chapter 19 (Solar Energy) contains the provisions of existing § 45.1-391, establishing the Virginia Solar Energy Center in the Department of Mines, Minerals and Energy; existing Chapter 15 (Virginia Solar Energy Development and Energy Storage Authority) of Title 67, which creates an authority to support the development of the solar energy and energy storage industries; and existing Chapter 27 (Clean Energy Advisory Board) of Title 45.1, which establishes an advisory board for the purpose of starting a pilot program for disbursing loans or rebates for the installation of solar energy infrastructure in low-income and moderate-income households.

Proposed Chapter 20 (Geothermal Energy) contains the provisions of existing Chapter 15.1 of the same name, which fosters the development of geothermal resources, prevents waste of such resources, and carries out other policies related to geothermal resources.

Proposed Chapter 21 (Nuclear Energy) contains the provisions of existing Chapter 21 (Exploration for Uranium Ore), which promotes the safe and efficient exploration for uranium resources within the Commonwealth and ensures that uranium mining and milling will be subject to statutes and regulations that protect the environment and the health and safety of the public. The proposed chapter also contains the provisions of two chapters from Title 67: existing Chapters 14 (Virginia Nuclear Energy Consortium), which establishes the Virginia Nuclear Energy Consortium Authority to promote the Commonwealth as a leader in nuclear energy and to serve as an interdisciplinary information resource on nuclear energy issues, and 17 (Nuclear Energy Planning), a onesection chapter that directs the development of a strategic plan for nuclear energy as part of the Commonwealth's overall goal of carbon-free energy.

Statutory Provisions Proposed for Repeal

During the revision process, the Virginia Code Commission became aware of a number of existing sections and two existing chapters that are either unnecessary or obsolete and have been stricken in this report; these are recommended for repeal and thus not included in the proposed title. Chapter drafting notes in the body of the report describe the reasons for the recommended repeal of the following sections and chapters:

• §§ 11-34.1, 45.1-179.1, 45.1-226, 45.1-227, 45.1-228, 45.1-272, 45.1-285.1 through 45.1-285.10, and 67-1206 (individual sections scattered throughout, usually short titles or legislative findings).

• Chapter 9 (§§ 67-900 through 67-903) of Title 67.

• Chapter 10 (§§ 67-1000 through 67-1003) of Title 67.

Other Affected Titles

No provision of existing Title 45.1 is proposed for relocation to another title of the Code of Virginia.

The following chapters are relocated from existing Title 67 to other titles of the Code of Virginia:

• Chapter 4 (§ 67-400 et seq.) (Clean Coal Projects), a chapter containing two effective sections, is combined into a single section and relocated as proposed Article 5 (§ 10.1-1332) of Chapter 13 of Title 10.1 (Conservation).

• Chapter 5 (§ 67-500 et seq.) (Biodiesel Fuel), a two-section chapter, is combined into a single section and relocated as proposed § 33.2-221.1 in Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2. (Highways and Other Surface Transportation Systems).

• Chapter 7 (§ 67-700 et seq.) (Covenants Restricting Solar Energy Collection Devices), a two-section chapter, is combined into a single section and relocated to three places in Subtitle IV of Title 55.1 (Property and Conveyances) as proposed § 55.1-1820.1 in Chapter 18, proposed § 55.1-1951.1 in Chapter 19, and proposed § 55.1-2133.1 in Chapter 21, so that the section applies to the Property Owners' Association Act, the Virginia Condominium Act, and the Virginia Real Estate Cooperative Act.

• Chapter 8 (§ 67-800 et seq.) (Motor Vehicle Fuel Efficiency Standards), a two-section chapter, is combined into a single section and relocated as proposed § 33.2-120 in Chapter 1 (§ 33.2-100 et seq.) of Title 33.2 (Highways and Other Surface Transportation Systems).

• Chapter 11 (§ 67-1100 et seq.) (Renewable Energy Co-Location of Distribution Facilities) is relocated as Chapter 29 (§ 56-614 et seq.) of Title 56 (Public Service Companies).

The following provisions are relocated from other titles of the Code of Virginia to proposed Title 45.2:

• The provisions of existing § 62.1-195.1, which deals with drilling for gas or oil in (i) the waters of the Chesapeake Bay or (ii) Tidewater Virginia, are moved to proposed §§ 45.2- 1645 and 45.2-1646, respectively, of proposed Chapter 16 (Virginia Gas and Oil Act).

• The provisions of existing § 62.1-195.3, which deals with hydraulic fracturing in a groundwater management area, are moved to proposed § 45.2-1647 of proposed Chapter 16 (Virginia Gas and Oil Act).

• The provisions of existing Chapter 6.1 (§ 11-34.1 et seq.) of Title 11, comprising the Energy and Operational Efficiency Performance-Based Contracting Act, are moved to proposed Article 2 (§ 45.2-1702 et seq.) of Chapter 17 (Other Sources of Energy Generally). The first section of the chapter is repealed as noted above.

The relocation of sections, articles, and chapters to other titles of the Code of Virginia is not intended to have any substantive effect on their interpretation.

An outline of the organization of proposed Title 45.2 is included as Appendix A.

Technical Changes Made Throughout Title 45.2

Each section is followed by a drafting note describing any changes made in the section. If a section drafting note states "no change," the section contains no changes other than renumbering the section. If a drafting note states "technical changes," the section contains technical changes to the text ranging from the insertion of clarifying punctuation to a thorough modernization of archaic writing style. When a section contains structural or substantive changes, such as the deletion or addition of language, the drafting note describes the reason for the proposed change.

Many of the technical changes arise from the Code Commission's determination that terminology should be clear, consistent, and modern. The following list provides a representative sample of the most significant and most widely implemented technical changes made in the proposed title.

The following technical changes are made in order to maintain consistency with changes made in previous title revisions, to update antiquated language, to provide clarity, and to bring Title 45.2 into accordance with Title 1 rules of construction for the Code:

• § 1-218. Includes. "Includes" means includes, but not limited to.

• § 1-227. Number. A word used in the singular includes the plural, and a word used in the plural includes the singular.

• § 1-244. Short title citations. Short titles have been eliminated as unnecessary in light of the title-wide application of § 1-244, which states that the caption of a subtitle, chapter, or article operates as a short title citation.

• Purpose statements and legislative findings have been stricken in accordance with the Code Commission's policy that purpose statements and legislative findings do not have general and permanent application and thus are not to be included in the Code.

• Nonreverting fund language is updated to reflect current language requested by the Department of the Treasury for such funds in the Code.

• The corporate language for authorities and advisory boards is updated to reflect current language for political subdivisions in the Code.

• Provisions establishing the initial staggering of terms for the members of corporate bodies are removed.

The following changes are made to remove and update antiquated terminology or clarify terms with general application, in accordance with Code Commission policies:

• To the extent feasible, several sets of clauses within paragraphs are labeled for the sake of clarity.

• To the extent feasible, "shall be" is stricken in favor of "is."

• To the extent feasible, phrases in the passive voice are changed to the active voice.

• When grammatically feasible, "will" or "must" is changed to "shall" or other appropriate term.

• When grammatically feasible, prohibitory language is recast in affirmative form.

• "Virginia" is replaced with "the Commonwealth."

• "This Commonwealth" is replaced with "the Commonwealth."

• To the extent feasible, unclear references to "herein," "therefor," "thereof," and "thereon" are replaced with more specific references.

• Definitions are moved to the beginning of the section, article, chapter, etc., to provide the reader better clarity and context.

• In the context of the regulations of an administrative agency, the word "promulgate" is replaced with the word "adopt" because "adopt" is more widely used and includes the promulgation process.

• In the context of an administrative agency adopting regulations, the words "rules and" are stricken prior to the word "regulations" because an administrative agency adopts regulations, not rules.

• § 1-221. Locality. "Locality" means a county, city, or town as the context may require.

• "Shall have the authority to" and similar variants of this term are changed to "may."

• House and Senate committee names that were changed in the 2020 Session of the General Assembly are updated.

• When the meaning of the text requires it and in accordance with title-wide conventions, the conjunction "and" is replaced with "or" because the meaning of "or" encompasses both "or" and "and.

The following technical changes are made or not made, as the case may be, throughout proposed Title 45.2 and apply more specifically to the subject matter found in this title:

• Obsolete date references are deleted, including obsolete deadlines and references to dates associated with the approval of state primacy by the federal government on December 15, 1981, and the adoption by Virginia of a mining regulatory program. Sections from which dates related to state primacy are deleted include proposed §§ 45.2-1000, 45.2-1001, 45.2-1017, and 45.2-1030. Six particular sections that authorized the adoption of interim regulations prior to state primacy, §§ 45.1-161.298 through 45.1-161.303, are significantly reduced and combined as proposed § 45.2-1402.

• Date references are clarified, including by the substitution of the enactment date of proposed § 45.2-1621 for a reference to the date of "the enactment of this provision." Unclear or ambiguous references to time periods, such as "more than six months" in proposed § 45.2-500 or "additional two-year periods" in proposed § 45.2-2118, are rephrased for clarity.

• Obsolete references to agencies, organizations, and standards are updated. In proposed § 45.2-577, an outdated reference to the Virginia Coal and Energy Alliance is updated to refer to the Metallurgical Coal Producers Association. In proposed Chapters 5 (§ 45.2-500 et seq.) and 21 (§ 45.2-2100 et seq.), outdated references to the Chief of the Division of Mines, predating the formation of the Department in 1985, are changed to refer to the Director of the Department. In proposed Chapter 12 (§ 45.2-1200 et seq.), outdated references to the Division of Mined Land Reclamation, also predating the formation of the Department, are changed to refer to the Division of Mineral Mining.

• Terms are updated to those currently in use by the Department, including by changing "certificate of inspection" to "inspection report" in proposed § 45.2-566 and by changing "mine rescue crew" to "mine rescue team" throughout proposed Article 5 (§ 45.2-544 et seq.) of Chapter 5 and proposed Article 5 (§ 45.2-1133 et seq.) of Chapter 11.

• Terms for mining-related devices and practices are updated to reflect changes. In proposed §§ 45.2-549 and 45.2-1139, referencse to the depletion of the atmospheric pressure of a breathing apparatus are replaced with reference to the safety standard currently in use, a low-oxygen alarm, while in proposed § 45.2-847, outdated references to methane indicators are removed as duplicative of references to methane detectors. Outdated provisions related to certain paper records are updated, including requirements for "a copy of parts of" certain maps in proposed §§ 45.2-707, 45.2-939, 45.2-1405, and 45.2-1503 that are clarified to require only "copies of" such maps. In proposed § 45.2-2112, the outdated requirement that an affidavit be submitted in triplicate is omitted and a mailing requirement is replaced by a requirement that a copy be "sent."

• References to the regulations of the Board of Coal Mining Examiners are expanded by adding references to the mining laws of the Commonwealth and vice versa. References to the authority of the Chief to make certain determinations are added in proposed §§ 45.2-561, 45.2-564, and 45.2-743.

• Outdated references in proposed §§ 45.2-615, 45.2-1040, 45.2-1041, 45.2-1219, and 45.2-1220 to courts of equity and to particular terms in equity pleading practice are updated to reflect the 2006 merger of common-law and equity pleading in Virginia.

• In subsection A of proposed § 45.2-708, "flammable gas" is replaced with "explosive or hazardous gas" for consistency with the reference in subsection B of proposed § 45.2-708 to "hazardous quantities of" certain gases.

• The term "miners" replaces "men" in proposed §§ 45.2-735 and 45.2-748, and "mantrip" is used instead of "man-trip" or "personnel carrier" in proposed §§ 45.2-754, 45.2-760, 45.2-761, and 45.2-762.

• Idiosyncratic or jargon terms are replaced with terms in broader use that are consistent with the rest of the title, including in proposed § 45.2-755, where the term "blocked or spragged" in reference to a standing car on a track is replaced with "blocked to prevent movement." In proposed § 45.2-928, the phrase "become 'alive' through failure" in reference to an electrical circuit is changed to "become electrified through failure." In proposed § 45.2-1100, the unique term "bodily injury" is replaced by the defined term "serious personal injury" and "individual" is replaced with "person." The term "fatality" is replaced with "death" in proposed § 45.2-1147.

• In proposed § 45.2-904, the text is clarified so that it cannot be read to allow an operator to convey the authority of a supervisor to another person.

Substantive Changes Proposed in Title 45.2

When the Virginia Code Commission has approved a substantive change to a provision of existing law, it is noted in the drafting note for the affected section. These substantive changes include the following:

• A substantive change is made in proposed § 45.2-107 to remove the requirement that the State Geologist "receive such compensation as may be provided in accordance with law" because such provision is unnecessary. All such appointed officers and employees receive compensation unless otherwise noted.

• The requirement in proposed § 45.2-110 that the United States Geological Survey expend at least as much money as the Department of Mines, Minerals and Energy when the two agencies work cooperatively is removed because it is obsolete.

• A list of localities west of the Blue Ridge Mountains that are subject to a presumption that no coal, minerals, ore, or oil exists in certain lands is deleted from proposed § 45.2-400 as an unconstitutional special law in violation of Article IV, Section 14(3) of the Constitution of Virginia pursuant to H. D. Riddleberger, Jr., et al. v. Chesapeake Western Railway, 229 Va. 213 (1985).

• Substantive changes are made to the provisions setting out certain fees for mining licenses and drilling permits. The license fees for operation of a coal mine in proposed § 45.2-534, license fees for operation of a mineral mine in proposed § 45.2-1124, and permit fees for oil or gas well drilling or related activities in proposed § 45.2-1631 are updated to reflect the current fees as established in the state budget adopted during the 2010 Session of the General Assembly and in each subsequent biennial budget.

• A provision requiring that an email address be included on a notice is added to proposed § 45.2-540.

• A substantive change in the requirements for construction of a surface magazine resolves an inconsistency by substituting "bullet-resistant," an accurate descriptive term that appears in subdivision B 1 of proposed §§ 45.2-719 and 45.2-931, for the term "bulletproof" as that term appears throughout both sections.

• In subsection A of proposed §§ 45.2-504 and 45.2-1104, references to a warning sign or barricade are added to a prohibition on entering a mine "against caution," while in proposed § 45.2-830 the requirement that an area "be dangered off" is replaced with a requirement that the area be "posted with conspicuous danger signs."

• In subsection D of proposed § 45.2-574, a provision stating that certain information is "excluded from access" under the Virginia Freedom of Information Act (FOIA) is replaced by a provision, using terms drawn from FOIA, stating that such information is "exempt from disclosure." In subsection B of proposed § 45.2-1008, a prohibition against making certain information "available for public examination" is changed to prohibit disclosure of such information and to exempt such disclosure from FOIA.

• In proposed § 45.2-848, a provision allowing "any other" methane monitor to be disconnected is changed to clarify its reference only to a methane monitor that is not otherwise required by law.

• In subsection A of proposed § 45.2-1003, which authorizes the adoption of regulations in accordance with the Administrative Process Act and the Virginia Register Act, a substantive change is made by adding the proviso "unless otherwise directed by law" in order to accommodate any future exception contained in this title.

• A substantive change is made in proposed § 45.2-1130 by deleting the first sentence of existing subsection B, which exempts certain maps from a filing requirement. The deletion of the exemption reflects current Department of Mines, Minerals and Energy practice and removes a conflict with proposed § 45.2-1205, which requires that every mining permit application be accompanied by an accurate map of the area to be mined.

• A substantive change is made in proposed § 45.2-1201 where existing legislative findings and a declaration of policy are removed.

• In proposed § 45.2-1234, creating the Minerals Reclamation Fund, a standard provision requiring the retention of interest earned on moneys in the fund is stricken to resolve a potential conflict with proposed § 45.2-1228, which credits to a separate fund an amount equal to the interest earned on moneys in the Minerals Reclamation Fund.

• In proposed § 45.2-1401, a requirement of adequate air quality is changed to also include air quantity.

• Consistent with current drafting practice, a substantive change is made in proposed § 45.2-2119 by adding a provision requiring that any civil penalties collected pursuant to proposed Article 3 (§ 45.2-2108) of Chapter 21 be paid to a particular fund, in this case the Minerals Reclamation Fund.