Volkswagen Settlement Agreements

Through a series of partial settlements, agreements has been reached between the U.S. Justice Department, the Volkswagen (VW) Corporation, and its subsidiaries (collectively VW) regarding the installation and use of emissions testing defeat devices in over 500,000 vehicles sold and operated in the United States beginning in 2009. The environmental mitigation trust (EMT) established as part of the settlement agreements will be administered by DEQ through a state mitigation plan. Funding for eligible mitigation projects may be available in 2017. As we develop plans and strategies to manage the trust, we will provide as much information as possible on this web page.

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What's New

DEQ submits Virginia's Beneficiary Mitigation Plan (Plan) to the Trustee.

Virginia Governor Ralph Northam announces that the Commonwealth of Virginia issues a Notice of Intent to Award RFP for Statewide Public Electric Vehicle Charging Network. Read the press release.

RFP#: 18-01-CP for establishing a “Statewide Public Electric Vehicle Charging Station Network” closed on November 6, 2017.  Questions regarding the procurement process should be directed to Carol Papazian, Procurement Manager, phone: (804) 698-4335.

DEQ issues Addendum No. 2 to the RFP for establishing a “Statewide Public Electric Vehicle Charging Station Network”. This Addendum provides DEQ’s answers to the Respondents questions and revisions to the original RFP solicitation language, including the price schedule.

DEQ issues Addendum No. 1 to the RFP for establishing a “Statewide Public Electric Vehicle Charging Station Network” for the purpose of extending the proposal due date to November  6, 2017

DEQ issues a request for proposals (RFP) from qualified sources to provide turnkey services for establishing a “Statewide Public Electric Vehicle Charging Station Network.' Funds from the VW Trust will be used to pay up to 80% of the equipment, installation and administrative costs not to exceed an established dollar cap to be determined through the competitive solicitation process.  Sealed proposals will be received until 2:00 P.M. ET on November 1, 2017.  Details are provided in the RFP, Price Schedule and Final Trust Agreements.

DEQ received a total of 35 responses to RFI#:17-01-CP seeking project ideas from governmental and non-governmental organizations that they may later submit to compete for VW EMT funds. Of the 35 responses, 29 organizations submitted 39 project ideas totaling approximately $600 million, and six organizations exclusively submitted responses to the question section of the RFI (Area 2 – VW Program and Solicitation Design Questions). As stated in the RFI, information received through this RFI will be used solely for planning purposes, including but not limited to the development of requirements upon which future solicitation for projects may be based. 

DEQ is issuing an addendum to the below referenced RFI for the purpose of modifying the information requested for light duty (LD) zero emission vehicle (ZEV) supply equipment projects and extending the deadline for submitting responses. There are no other changes to the RFI. 

DEQ is releasing a Request for Information (RFI) seeking early input from governmental and non-governmental entities on the type and scope of projects that they may later submit to compete for VW EMT funds, funding and project evaluation priorities, and methods DEQ could employ to increase participation in future requests for VW mitigation projects.

DEQ is still accepting comments of the proposed state mitigation plan.  Send comments to: vwmitigation@deq.virginia.gov

A summary of comment received during the November 17-December 16, 2016 public comment period is available.

DEQ is announcing an informal public comment period and meeting on a proposed state mitigation plan. See above for more information on how to monitor opportunities for public comment.

About the VW Settlement Agreements

On October 25, 2016, the court approved a partial settlement and consent decree resolving allegations that VW violated the Clean Air Act (CAA) by the sale of approximately 500,000 model year 2009 to 2015 motor vehicles containing 2.0 liter diesel engines equipped with emissions testing defeat devices in the form of computer software designed to cheat on federal emissions tests. Additionally, on December 20, 2016, the court and VW reached an agreement regarding the installation and use of emission testing defeat devices in approximately 80,000 model year 2009 to 2016 motor vehicles containing 3.0 liter diesel engines sold and operated in the U.S. Related consent decrees for VW can be found at: https://www.epa.gov/enforcement/third-partial-and-30l-second-partial-and-20l-partial-and-amended-consent-decree.

To mitigate environmental damages from violating the CAA, the settlement requires VW to invest $2.925 billion in an independently administered environmental trust, which will fund projects to fully mitigate the diesel emissions caused by the offending vehicles. States, tribes, Puerto Rico, and the District of Columbia have been allocated a portion of the trust based on the number of affected vehicles in their jurisdiction. Virginia anticipates receiving $93.6 million from the Trust between 2017 and 2027. The EMT establishes a process to administer the funds, and identifies 10 categories of mitigation actions that will be eligible for funding. For more information about eligible project types, please see:https://www.epa.gov/sites/production/files/2016-10/documents/amended20lpartial-cd.pdf; Appendix D-2 (p. 209-220).

The partial settlement agreements also require VW to buy back or modify the offending 2.0 and 3.0 liter diesel vehicles from consumers, and to spend $2 billion on zero emissions vehicle infrastructure and programs aimed at increasing public awareness of zero emission vehicles. The consumer vehicle "recall" and ZEV infrastructure investment programs established as part of the settlement agreements are separate from the EMT. Information about the consumer vehicle “recall” program is available at https://www.vwcourtsettlement.com. Information on the ZEV infrastructure investment program can be found at: https://www.electrifyamerica.com.

Summary of RFP Addenda

The table below provides summary information on each addendum issued to the RFP for establishing a “Statewide Public Electric Vehicle Charging Station Network” released on September 29, 2017.
 Addendum Date Issued Summary
Addendum No. 1 10/6/2017 Extended proposal due date to November 6, 2017
Addendum No. 2  10/23/2017 Provides answers to respondent's questions and includes revisions to the original RFP solicitation language, including the price schedule            
     

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Virginia Department of
Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000


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