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COMMITTEE CONSIDERS EXPEDITED BUILDING PERMITS BILL, RECIEVES UPDATES FROM DPNR AND WAPA

Published: Oct 16, 2025

ST. CROIX, VI – The Committee on Disaster Recovery, Infrastructure and Planning, led by Senator Marise C. James met in the Frits E. Lawaetz Legislative Conference Room. Lawmakers considered a measure regarding expedited building permits for developers. Senators received updates from the Virgin Islands Department of Planning and Natural Resources with a focus on the implementation of the Comprehensive Land and Water Use Plan. Additionally, legislators received testimony from the Virgin Islands Water and Power Authority on the status of FEMA funded power plant upgrades and recovery projects. The approved item on today’s agenda will be forwarded to the Committee on Rules and Judiciary for further consideration and action.

Lawmakers considered Bill No. 36-0135, An act amending title 29 Virgin Islands Code, chapter 5, section 294 regarding expedited building permits for developers.  The measure was proposed by Senator Kenneth L. Gittens.

Jean Pierre Oriol, Commissioner of the Virgin Islands Department of Planning and Natural Resources stated that the proposed measure was incomplete. Oriol previously sat before the Legislature delivering its proposed budget for FY 2026. During this presentation, Oriol stated that the Department transferred the majority of its Permit employees on the FEMA Hazard Mitigation Grant Program to ease the burden on the General Fund would come to an end in March 2026. Oriol requested that the Legislature approve a supplemental amount of $600,000 to ensure that DPNR did not have to terminate employees once the funding was no longer available. However, no additional funding was included in the final budget bill when it was submitted to the Governor for final approval.

Oriol said that the bill did not specify how many days an expedited process review should take or what was the fee for the process, and that the process has been left to the Department to figure out. Currently, 29 VIC 294(b) requires that the Department must make a determination on an application within 30 days of receipt of the application. Oriol voiced further concern with the payment of the fee in full at the submission of the application, noting that fees are based on the estimated cost of construction, which is verified by staff during the review process.  If an applicant were to underestimate the cost of construction and the fee is said to be paid in full, then the applicant would not owe any additional funds upon receipt of the application.  Oriol said that the department was not opposed to creating a process which an application can be reviewed expeditiously for a fee, but voiced concern that it would be very difficult when the department could lose the resources needed to perform basic services.

Carlton Dowe, Executive Director of the Virgin Islands Port Authority delivered testimony strongly supporting the proposed measure. Dowe stated that the permitting process for VIPA’s infrastructure capital or redevelopment initiatives can be protracted, which can result in significant delays and increased costs. These prolonged timelines can hinder project momentum, affect budget allocations and create uncertainties that may deter potential contractors or investors. Dowe said that by implementing expedited permitting, the legislation would streamline the approval process, enable more efficient project management and facilitate quicker access to construction timelines. Furthermore, Dowe said that the improvements could help meet completion deadlines and also position the US Virgin Islands as a more desirable location for development projects.  Senator James voiced concern about staffing as it pertained to the proposed measure, stating that more would be needed at the Department.  After further discussion, the proposed measure was voted upon favorably.

Lawmakers also received an update from the Department of Planning and Natural Resources, focusing on the implementation of the Comprehensive Land and Water Use Plan.  Oriol stated that during its previous appearance at the Legislature, it would focus on addressing amendments to the Virgin Islands Code that would align processes with the comprehensive plan. Oriol also stated that it would be concentrating on finding funding sources that would assist with implementing the plan. The Department has since finalized two contracts for professional services to review and update code amendments to Title 29, Chapter 3, (the Zoning Code), and Title 12, Chapter 21 (the VI CZM Act). Oriol said that he estimated that the amendments would be shared for public comment as soon as January 2026.

Furthermore, the Department has collaborated with other departments. These have included the Department of Public Works for the 2050 Transportation Master Plan, as well as the VI Housing Finance Authority’s consultants to understand the current zoning code and its impact on affordable housing in the territory. Efforts have also involved working with government offices on zoning updates, such as the P- Public designation, and a new category for microbreweries and distilleries to support economic development. Several parcels of land have been identified for inclusion in the Territorial Parks System.  In August 2025, more than 2400 acres of land in Annaly Bay, St. Croix, commonly known as “Maroon Ridge” were added to the territorial parks system. 150 Acres on St. Thomas in Perseverance Bay St. Thomas is also scheduled to be added shortly.

Legislators also received testimony from the Virgin Islands Water and Power Authority on the status of FEMA-funded power plant upgrade and recovery projects, including a review of progress on the FEMA Funded replacement of the Richmond Power Plant on St Croix and unit upgrades at the Randolph Harley Power Plant on St. Thomas, including the design-build solicitation process and anticipated construction timeline, critical resilience projects such as undergrounding of electrical lines, installation of advanced composite utility poles, battery energy storage systems, and advanced metering., and integration of the recently commissioned solar farms on St. Croix into the WAPA power grid and their impact on system reliability, as well as any plans for solar development and integration in the St. Thomas–St. John district.

Joe’lle Webster, Director of Grants Management for the Virgin Islands Water and Power Authority delivered testimony. Webster informed the body that the Authority suffered catastrophic damage during Hurricanes Irma and Maria in  September 2017, which contributed to an estimated $11 billion in damage. This included severe damage to generation units at both the Richmond Power Generation Plant on St. Croix and the Randolph Harley Power Generation Plant on St. Thomas.  Completed projects at the Authority include the purchase of propane terminals at both power plants as of July 2024. The $145 Million investment was funded through the Community Development Block Grant-Mitigation program and gives the Authority the ability to purchase fuel on the open market at competitive prices.  Ongoing projects in the territory include the installation of composite poles through the territory, which have been funded through FEMA’s Public Assistance Program. These poles are hurricane resistant and are able to withstand winds of 250 miles per hour.  As of October 2025, installation is 96% complete on St. Croix, 94% on St. Thomas, (including Feeder 13 bypass, which is 80% complete), and 87% complete on St. John. Once completed,  this will reduce system vulnerability and speed-up post storm restoration.

Additionally, projects at both plants were established to repair generator units 10, 11, 17, 20, 21, 24, 9B, 13, 14, 15, 18, and 23GT following disaster impacts. Initial combined estimates totalled $896,000. After insurance deductions, obligated amounts were reduced to $0 and $100,000. However, turbine configurations and limited secondary generation capacity prevented full inspection and repair, revealing additional damages that could increase project costs.  At the Randolph Harley Power Plant,  the proposed work scope includes the removal and replacement of Unit 14 and Unit 12, due to its proximity. This also includes the removal of Unit 21 , which is closely associated with Unit 14. Due to the advanced age of the turbines, which have been operational since 1973 and 1980, replacement is justified and necessary, due to the unavailability of replacement parts no longer being available.  Funding in the amount of $206,260,560 has been awarded for the Randolph Harley Power Plant.  At the Richmond Power Plant, $674,782,181 was awarded. The scope of removal calls for removal and replacement of Units 17, 19, and 20, as well as the removal of unit 10 and 11 boilers and steam turbines and unit 24 heat recovery steam generator.

Additionally, there are multiple undergrounding projects underway. On St. Thomas, this includes work on Feeder 5A, which serves the Randolph Harley Power Plant, Lindbergh Bay and the Airport Area. This is about 75% complete.  On St. Croix, undergrounding of Feeders 8B and 9B, which covers Hannah’s Rest and the Queen Mary Highway is about 75% complete. The upcoming Queen Street project, funded by FEMA Hazard Mitigation project hopes to replace overhead lines with an underground distribution system from the Richmond Substation through Christiansted.  Additional projects, including those in the Container Port, Golden Grove and Midland areas of St. Croix as well as in Cruz Bay, St. John are approximately 95% complete. These are all funded through FEMA’s Public Assistance program.

Through FEMA’s Hazard Mitigation Grant Program, the Authority will be developing microgrids which will combine solar generation and battery storage systems to create local power zones capable of independent operation. On St. Croix, the Western Microgrid will include an 18 megawatt solar photovoltaic plant paired with a 20 megawatt hour battery system. On St. Thomas, the Bovoni and Fortuna microgrids will feature a 15 megawatt, 30 megawatt hour BESS design. On St. John, the Coral Bay and Cruz Bay system will integrate solar and thermal generation.  WAPA has also received critical support through multiple US Department of Housing and Urban Development  (HUD) programs, – CDBG – mitigation and CDBG Disaster Recovery, targeting unique aspects of grid restoration and modernization.  WAPA has received $35 Million through HUD’s Community Development Block Grant-Electrical Grid (CDBG-EGRID) program.  Further through HUDs CDBG- Disaster Recovery Program, the Wartsila Phase II Next Generation Project is advancing $84 Million in funding.  Over $77 Million has already been disbursed through the Virgin Islands Housing and Finance Authority (VIHFA). Projects to establish local generation on St John has been identified, which would underground Feeders 7E and 8E, start the Cruz Bay Battery Energy Storage System (BESS), Frank Bay Emergency generation and Coral Bay BESS, as well as the installation of composite poles along Feeders 7E, 8E, and 9E.  All projects are in the design phase, and construction is expected to begin in 2026.  The Authority also is progressing with the Advanced Metering Infrastructure, or AMI Project, which is a major step towards modernizing the grid. This would deploy smart meters and advanced communication networks in the territory. It plans to improve billing accuracy, enable faster outage detection and enhance customer engagement through real time data.

Senators present at today’s committee hearing included Marise C. James, Milton E. Potter, Angel L. Bolques, Jr., Dwayne M. Degraff, Novelle E. Francis, Jr., Hubert L. Frederick, Clifford A. Joseph, Sr., and Kurt A. Vialet.

The Division of Public Affairs is committed to providing the community with accurate information on legislative proceedings and other events at the Legislature of the Virgin Islands. Visit legvi.org.              

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