2019 General Assembly Session
The 2019 General Assembly session has ended. All bills can be found online at the Legislative Information System, which includes a searchable database. Bills regarding natural resources that may be of interest to those at VIMS are briefly listed below and linked to the Legislative Information System. Please [[eahein, let us know]] if there are any pertinent bills we may have missed.
Updated 27 January 2020
HB1635: Fossil fuel projects moratorium; clean energy mandatesEstablishes a moratorium, effective January 1, 2020, on approval by any state agency or political subdivision of any approval required for (i) electric generating facilities that generate fossil fuel energy through the combustion of a fossil fuel resource; (ii) import or export terminals for fossil fuel resources; (iii) certain maintenance activities relating to an import or export terminal for a fossil fuel resource; (iv) gathering lines or pipelines for the transport of any fossil fuel resource that requires the use of eminent domain on private property; (v) certain maintenance activities relating to such gathering lines or pipelines; (vi) refineries of a fossil fuel resource; and (vii) exploration for any type of fossil fuel, unless preempted by applicable federal law. The measure also requires that at least 80 percent of the electricity sold by a retail electric supplier in calendar years 2028 through 2035 be generated from clean energy resources. In calendar year 2036 and every calendar year thereafter, all of the electricity sold by a retail electric supplier is required to be generated from clean energy resources. The clean energy mandates apply to a public utility or other person that sells not less than 1,000 megawatt hours of electric energy to retail customers or generates not less than 1,000 megawatt hours of electric energy for use by the person. The Director of the Department of Mines, Minerals and Energy is authorized to bring actions for injunctions to enforce these requirements. The measure requires the Department to adopt a Climate Action Plan that addresses all aspects of climate change, including mitigation, adaptation, resiliency, and assistance in the transition from current energy sources to clean renewable energy. The measure provides that residents of the Commonwealth and organizations shall have the legal standing to sue to ensure that its provisions and any Climate Action Plan are enforced. |
HB1715: Dams; prohibited vegetation, certain wetland vegetation allowedProhibits the Department of Conservation and Recreation (the Department) from requiring the removal of wetland vegetation that is growing on certain portions of a dam if the vegetation is associated with an approved wetland mitigation bank that is the subject of a recorded restrictive covenant specifically protecting it from removal. Current law requires dam owners to remove all trees and other woody vegetation from dam embankments, abutments, and other surfaces. The bill also authorizes the Department, in the case of an approved wetland mitigation bank, to allow the removal of trees by flush cutting unless it determines that the grubbing of roots is necessary to protect the integrity of the dam. |
HB1769: Menhaden; VMRC to adopt regulations for managing the Commonwealth's fisheryRequires the Virginia Marine Resources Commission (the Commission) to adopt regulations to implement the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for Atlantic Menhaden and authorizes the Commission to adopt regulations for managing the Commonwealth's menhaden fishery. The bill also requires that any moratorium on the fishery be subject to legislative review. The bill repeals several Code sections relating to quotas, allocation of allowable landings, and administrative procedures that will be included in a regulatory framework for managing the fishery.1/30/19: Subcommittee recommends passing by indefinitely (8-Y 2-N) 2/5/19: Left in Agriculture, Chesapeake and Natural Resources |
HB1779: Riparian planting ground; assignment eligibilityReduces from 205 feet to 105 feet the minimum low-water shore front that makes a land owner eligible to apply for riparian planting grounds assignment by the Commissioner of the Marine Resources Commission. The bill provides that in the Lynnhaven River and its tributaries, the Commissioner shall assign to such land owner only a riparian planting ground that the Commissioner, in his discretion, deems appropriate to encompass as much as one-half acre of ground. |
HB1880: State environmental boards; appointment of membersChanges the composition of the Air Pollution Control Board, the Waste Management Board, and the State Water Control Board from appointment exclusively by the Governor to the following: two members appointed by the Governor; two members appointed by the Senate Committee on Rules from a list recommended by the Senate Committee on Agriculture, Conservation and Natural Resources; and three members appointed by the Speaker of the House from a list recommended by the House Committee on Agriculture, Chesapeake and Natural Resources. The appointing authority shall appoint members for the unexpired term upon a vacancy other than by expiration of a term. |
HB2047: Oyster planting grounds; municipal dredging projectsExtends the duration of an exception, for municipal dredging, to the right of a person to lease oyster planting grounds, and establishes a procedure for determining compensation to such a leaseholder when his grounds are disturbed by such a dredging project. The bill extends from 2019 to 2035 the sunset date for an exception to the leaseholder's right that allows certain municipal dredging projects to take place in the Lynnhaven River. The bill provides that when such a dredging project is proposed for leased grounds that are subject to beneficial use as oyster-planting grounds, the Commissioner of Marine Resources (the Commissioner) shall review the project to ensure that it avoids affecting such grounds to the maximum extent practicable and, if the project meets such standard, the Commissioner shall notify any leaseholder within the footprint of the proposed navigation channel, requesting a response within 30 days. The bill then requires the locality to compensate the lessee for the use of the ground by coming to a voluntary agreement or entering into mediation if no agreement is made in 90 days. If the lessee refuses mediation or cannot come to an agreement with the locality within nine months of the offer of mediation, a court of competent jurisdiction shall determine and order fair compensation to the lessee. Finally, the Commission shall hold a hearing on the proposed project. If the compensation has been determined and the project has been approved by the Commission, the Commissioner shall issue the permit for the project. The bill contains technical amendments. |
HB2062: Groundwater management; defines human consumptionDefines "human consumption" of ground water as drinking, food preparation, dishwashing, bathing, showering, hand washing, teeth brushing, and maintaining oral hygiene. |
HB2063: Groundwater withdrawals; wasteProvides that when the State Water Control Board determines that surface water is reasonably available for use in a ground water management area, the use of ground water other than from the surficial aquifer in such management area for a purpose other than human consumption shall be deemed to constitute waste. The bill prohibits the issuance of a ground water withdrawal permit to authorize the withdrawal of water that constitutes waste. The bill contains technical amendments. |
HB2064: Ground water withdrawals; allocationRequires any person applying for a ground water withdrawal permit in the Eastern Virginia Groundwater Management Area (EVGMA) who proposes to use 50 percent or more of the water to be withdrawn for human consumption to submit documentation of such use to the State Water Control Board (the Board). The bill requires the Board to conduct a technical evaluation to determine whether the proposed withdrawal, when combined with all existing lawful withdrawals, will lower water levels in any confined aquifer. The bill prohibits the Board from issuing a permit for such human consumptive use if the withdrawal would lower levels in any confined aquifer below a point representing 80 percent of the distance between the land surface and the top of the aquifer. For a use that does not qualify as a human consumptive use, the bill prohibits the Board from issuing a permit if the withdrawal would lower such levels below a point representing eight percent of the distance between the land surface and the top of the aquifer. The bill requires any existing permittee who wishes to be considered a human consumption permittee to submit water use data to the Board showing that 50 percent or more of the ground water withdrawn during the year ending July 1, 2020, was used for human consumption. The bill directs the Board to evaluate the effects of withdrawal for each permit holder in the EVGMA as of July 1, 2019, and to modify the permit of any permit holder whose withdrawals will lower the water in a contained aquifer to a level below 80 percent (for a human consumption permittee) or eight percent (for any other permittee) of the distance between the land surface and the top of the aquifer. The bill authorizes the Board to charge a fee of up to $10,000 for each such technical evaluation. Certain provisions of the bill are set to expire on July 1, 2021. |
HB2103: Stormwater management plans; erosion and sediment control plansDirects the State Water Control Board to establish a procedure that allows an operator to submit stormwater management plans that are sufficient for a particular proposed land-disturbing activity without requiring such plans to cover any subsequent land-disturbing activity anticipated at the same location or an adjacent location. The bill also amends a provision of the law that is not yet effective, directing the establishment of the same procedure as it applies not only to stormwater management plans but also to erosion and sediment control plans. |
HB2105: Coal combustion residuals; Chesapeake Bay watershed; closureRequires the owner or operator of any coal combustion residuals (CCR) unit, defined in the bill to include a coal ash pond or landfill, that is located in the Chesapeake Bay watershed to close such CCR unit by removing all of the CCR for (i) recycling, known as encapsulated beneficial use, or (ii) deposition in a permitted and lined landfill that meets certain federal standards. Any owner or operator that disposes of CCR in such a landfill is required to explain why recycling is not economically feasible. Such a closure project shall be completed within 15 years of its initiation and shall be accompanied by water testing or a connection to a municipal water supply for every residence within one-half mile. The bill provides that if the owner or operator moves CCR off-site, it shall use rail transportation to the maximum extent practicable and shall develop and make publicly available a transportation plan for any truck transportation that minimizes the effects on adjacent property owners and surrounding communities. The bill requires the owner or operator of a CCR unit to accept and review on an ongoing basis sufficiently detailed proposals to beneficially reuse any CCR that are not already subject to a removal contract. The bill requires that any entity conducting the closure work, to the maximum extent practicable, utilize local labor and ensure that the work is performed by responsible contractors that pay workers fair wages and benefits. The bill requires the CCR unit owner or operator to submit two annual reports beginning October 1, 2019, and continuing until closure of all of its CCR units is complete. One report describes closure plans, progress, water monitoring results, and other aspects of the closure process; the other report contains the beneficial reuse proposals that the owner or operator has received and its analysis of such proposals. |
HB2159: Plastic Pollution Prevention Advisory Council; establishedEstablishes in the executive branch of state government the Plastic Pollution Prevention Advisory Council to study and make recommendations regarding plastic pollution problems in the Commonwealth, with the mission of eliminating plastic waste. The bill has a sunset date of June 30, 2022. |
HB2309: Marine Resources Commission; grant of interest in subaqueous landsAuthorizes the Commonwealth, acting through the Marine Resources Commission, to grant to a political subdivision of the Commonwealth an easement over, or title to, certain beds of the waters of the Commonwealth. The bill requires that the political subdivision receiving such a grant be acting in the capacity of an official nonfederal sponsor, with the U.S. Army Corps of Engineers, of a federally authorized civil works project and that the grant be necessary to the carrying out of such project. The bill requires that such a grant be contained in a written instrument that describes by metes and bounds the land in which the interest is granted and is executed by the Attorney General and countersigned by the Governor. Finally, the bill prohibits any political subdivision that receives a grant of a right or interest as specified in the bill from conveying that right or interest except to the Commonwealth. The bill requires the Commissioner of Marine Resources to report annually to the General Assembly about the grants that have been made during the past year. |
HB2310: Flood plain, local; regulation by localitiesAuthorizes any locality to regulate the activity on, or use or development of, a flood plain in a manner consistent with any state and federal flood plain management programs and requirements. |
HB2115: Transportation, Department of; at-risk infrastructure, reportDirects the Department of Transportation, in collaboration with the Commonwealth Center for Recurrent Flooding Resiliency, to identify public transportation infrastructure at risk of flooding or deterioration due to flooding and to develop a plan for managing such assets. |
HB2330: Environmental Justice Advisory Council; establishedEstablishes the Environmental Justice Advisory Council (the Council), consisting of 19 members, to advise the Governor on environmental justice in the Commonwealth through equitable development, implementation, evaluation, and enforcement of environmental laws, regulations, policies, and practices. The bill requires all state agencies to examine any new regulation or policy involving state action or funds in relation to its impact on environmental justice prior to adopting such regulation or policy and requires the Council to coordinate and lead efforts to achieve the Commonwealth's environmental justice goals. |
HB2331: Wildlife Corridor Action Plan and Advisory Council; created, reportDirects the Department of Game and Inland Fisheries (the Department) to create a Wildlife Corridor Action Plan (the Plan) that assesses the connections between core habitat areas, lists potential projects to improve such connections, and provides an action plan for the completion of such projects. The bill requires the Department to submit the Plan, following review, to the Governor and General Assembly by July 1, 2020, and to update the action plan portion of the Plan every five years thereafter. The bill creates a nine-member Wildlife Corridor Advisory Council (the Council) in the executive branch of state government to review and make recommendations regarding the Plan, including recommendations to the Virginia Department of Transportation (VDOT) regarding road construction projects. The Board's membership shall consist of one nonlegislative citizen member appointed by the Speaker of the House of Delegates; one nonlegislative citizen member appointed by the Senate Committee on Rules; three nonlegislative citizen members to be appointed by the Governor, subject to confirmation by the General Assembly, of whom one shall be a representative of the Virginia Safe Wildlife Corridors Collaborative; the Director of the Department; the Director of the Virginia Department of Conservation and Recreation; the State Forester; and the Commissioner of VDOT. |
HB2358: Potomac Aquifer recharge monitoring; creates advisory board, laboratory established, SWIFT ProjectCreates an advisory board and a laboratory to monitor the effects of the Sustainable Water Infrastructure for Tomorrow (SWIFT) Project being undertaken by the Hampton Roads Sanitation District (HRSD). The bill establishes a 10-member advisory board called the Potomac Aquifer Recharge Oversight Committee (the Committee), directing it to ensure that the SWIFT Project is monitored independently. The bill provides that the Committee shall consist of the State Health Commissioner, the Director of the Department of Environmental Quality, the Executive Director of the Hampton Roads Planning District Commission, the two Co-Directors of the Laboratory, the Director of the Occoquan Watershed Monitoring Laboratory, two Virginia citizens appointed by the Governor, and two nonvoting members. The Committee is required by the bill to meet at least quarterly during the initial three years of its existence. The bill also authorizes the Committee to appoint a science and technical advisory council and directs the Committee to request funding from HRSD for the first three years of monitoring of the recharge of the aquifer. The bill also creates the Potomac Aquifer Recharge Monitoring Laboratory (the Laboratory) at a location to be selected in the Hampton Roads region, placing it under the co-direction of one Old Dominion University faculty member and one Virginia Tech faculty member. The bill provides that the Laboratory shall monitor the impact of the SWIFT Project on the Potomac Aquifer, manage testing data, and conduct water sampling and analysis. The bill authorizes both the Commissioner of the Department of Health and the State Water Control Board to issue emergency orders to halt injection or make any change to any facility of the SWIFT Project. |
HB2361: Stormwater management; land-disturbing activities, prior technical criteriaProvides that beginning July 1, 2019, all land-disturbing activities that are regulated pursuant to the Stormwater Management Act shall meet the technical criteria for stormwater management that were adopted by the State Water Control Board during 2011 and became effective July 1, 2014. Under current regulations, certain projects are grandfathered under the technical criteria that applied prior to July 1, 2014. |
HB2403: Wetlands; impact, permit requirements for compensationRequires the State Water Control Board to evaluate Virginia Water Protection Permits mitigation options for impacts to wetlands on a case-by-case basis with consideration for which option is most practicable and ecologically and environmentally preferable, including, in terms of replacement of acreage and functions, the greatest likelihood of success and reduction of temporal loss of acreage and function. Preference shall be given first to mitigation bank credits, then to permittee-responsible mitigation under a watershed approach conducted before or concurrently with project impacts, over in-lieu fee program credits that have not met success criteria. |
HB2506: Chesapeake Bay Preservation Areas; filling low-lying areasDirects the State Water Control Board to adopt regulations allowing the owner of residential property in a Chesapeake Bay Preservation Area to deposit appropriate fill material in certain low-lying areas within 50 landward feet of a resource protection area (RPA) located on the property. The bill establishes certain provisions that the regulations shall contain and provides that no filling that is carried out in compliance with such regulations shall (i) be considered a land-disturbing activity for purposes of stormwater management and erosion and sediment control, (ii) require a Virginia Water Protection Permit, or (iii) require a permit from the Virginia Marine Resources Commission. The bill also authorizes certain localities to adopt ordinances establishing a local permit process for projects that disturb less than one acre, and it requires projects that disturb one acre or more of land to follow general permit requirements established in statute. 01/16/19 House: Assigned ACNR sub: Subcommittee #3 |
HB2550: Commonwealth of Virginia Research Consortium Authority; createdCreates the Commonwealth of Virginia Research Consortium Authority (the Consortium) to oversee and support research and commercialization in the Commonwealth. The Consortium will be advised by an Investment Advisory Committee and a Research and Technology Advisory Committee. Existing grant, loan, and investment funds currently administered by the Innovation and Entrepreneurship Investment Authority and the Virginia Research Investment Committee would be consolidated under the Consortium, and the Consortium would be responsible for the Commonwealth Research and Technology Strategic Roadmap. The Consortium would also be responsible for allocating research-related funds to the Virginia Biosciences Health Research Consortium and the Commonwealth Center for Advanced Manufacturing. The bill repeals the existing Virginia Research Investment Committee. |
HB2783: Living shorelines; loans to businessesAuthorizes a local government that has a funding program to provide low-interest loans or other incentives to assist in establishing living shorelines to provide such incentives to businesses. Current law authorizes the provision of such incentives only to individual residents of the Commonwealth. |
HJ597: Litter; economic impacts on fishing, farming, and water quality in urban streams, reportRequests the Department of Environmental Quality to study the economic impact of litter on fishing, farming, water quality, and other components of Virginia's economy and to propose strategies, campaigns, and necessary state actions to protect the economy of the Commonwealth from harm caused by litter and promote Virginia's economic welfare. |
HJ610: Wind tide flooding in the Southern Watershed; Secretary of Natural Resources to study the effectsRequests the Secretary of Natural Resources to study the effects of wind tide flooding in the Southern Watershed. In conducting the study, the Secretary shall (i) coordinate with and provide resources to the City of Virginia Beach to assess the impacts of wind tide flooding in the Southern Watershed, (ii) research the viability of a range of solutions aimed at addressing the root causes and effects of wind tide flooding in the Southern Watershed, (iii) identify the time frames and economic costs of various solutions, and (iv) make recommendations for state action based on all relevant factors. |
SB1009: Coal combustion residuals surface impoundments; closureDirects the Department of Environmental Quality to require the closure of any coal combustion residuals (CCR) surface impoundment located in the Chesapeake Bay watershed. The bill requires that such closure include the removal of all CCRs for disposal in a permitted landfill that meets federal criteria and that the impoundment site be reclaimed in a manner consistent with federal mine reclamation standards. Finally, the bill allows an investor-owned public electric utility to recover the costs of closure from customers. |
SB1046: Menhaden; VMRC to adopt regulations for managing the Commonwealth's fisheryRequires the Virginia Marine Resources Commission to adopt regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden and authorizes the Commission to adopt regulations for managing the Commonwealth's menhaden fishery. The bill also requires that any moratorium on the fishery be subject to legislative review. The bill repeals several existing codified provisions relating to quotas, allocation of allowable landings, and administrative procedures, which will be included in a regulatory framework for managing the fishery. |
SB1049: Menhaden fishery; VMRC to adopt regulations to implement Interstate Fishery Management PlanDirects the Virginia Marine Resources Commission to adopt regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden and requires that any moratorium on the fishery be subject to legislative review. |
SB1116: Plastic bags; tax in the Chesapeake Bay WatershedImposes a five-cent per bag tax on plastic bags provided to customers by certain retailers in localities located wholly within the Chesapeake Bay Watershed and directs revenues to be used to support the Chesapeake Bay Watershed Implementation Plan. The bill also allows every retailer that collects the tax to retain one cent of the five-cent tax.01/16/19 Senate: Incorporates SB1070 (Ebbin) 01/16/19 Failed to report (defeated) in Finance (5-Y 11-N) |
SB1152: Chesapeake Bay Restoration Fund Advisory Committee; increases member terms Increases from two to four the number of consecutive four-year terms a nonlegislative citizen member is allowed to serve on the Chesapeake Bay Restoration Fund Advisory Committee (the Committee), which oversees the distribution of funds raised by the sale of Friend of the Chesapeake license plates. The bill provides that the two citizen members of the Committee who are appointed by the Senate Committee on Rules, both of whose terms expire on July 1, 2019, shall have their terms extended until July 1, 2020, and July 1, 2021, respectively. One of the two members appointed by the Speaker of the House of Delegates shall have the expiration of his term extended from July 1, 2019, until July 1, 2022. Such extensions shall not constitute a term in determining each member's eligibility for reappointment under the limit of four consecutive terms provided by the bill. |
SB1388: Chesapeake Bay Watershed Implementation Plan; Lynnhaven River and Little Creek watershedRepeals directions to state agencies to exclude the Lynnhaven River and Little Creek watersheds from the James River Basin for purposes of the Chesapeake Bay Watershed Implementation Plan. |
SB1389: Hurricane and Flooding Risk Reduction and Bond Rating Protection Act of 2019; created, reportCreates the Hurricane and Flooding Risk Reduction and Bond Rating Protection Act of 2019, establishing the Commonwealth of Virginia as a nonfederal sponsor of hurricane and flooding risk reduction projects. The bill establishes the Virginia Hurricane and Flood Risk Reduction Authority (the Authority) and an 11-member board of directors (the Board) of the Authority. The bill provides that the Board shall exercise for the Governor executive authority over all phases of hurricane and flood risk reduction programs, including investigations, construction, operations, and maintenance, and that the Authority, which shall be hosted by a department of the Commonwealth as designated by the Governor, shall fulfill the directives of the Board. The bill sets out the membership and powers and duties of the Board and the departmental support to be provided to the Authority, including budgeting, work facilities, administrative management, logistics, human resources, legal, contracts, and information resources. The Joint Legislative Audit and Review Commission (JLARC) shall consult with Louisiana's Legislative Fiscal Office to assess the increased state and local tax flows in Louisiana that resulted from post-Katrina federal spending, including spending for the civil works storm and flooding risk reduction project. The bill requires JLARC to report to the General Assembly no later than November 1, 2019, on the results of its initial assessment. |
SB1413: Oyster planting grounds; lease assignmentsAuthorizes the Commissioner of Marine Resources (the Commissioner) to decide which area within a riparian owner's waters shall be assigned for planting oysters and removes the $1.50 fee of such assignment. Under current law, such decision is made by the riparian owner. The bill changes various provisions related to oyster-planting grounds, including (i) increasing the application fee for an assignment of general or riparian oyster-planting grounds, (ii) authorizing the Commissioner to consider the public benefits of shellfish aquaculture or whether a transfer or renewal of an oyster-planting lease is in the public interest when determining whether to allow such transfer or renewal of an assignment, (iii) directing the Marine Resources Commission to adopt regulations related to license renewal fees, and (iv) increasing the application fee for a transfer of an oyster-planting lease. The bill contains an emergency clause. |
SB1414: Potomac Aquifer recharge monitoring; creates advisory board, laboratory established, SWIFT ProjectCreates an advisory board and a laboratory to monitor the effects of the Sustainable Water Infrastructure for Tomorrow (SWIFT) Project being undertaken by the Hampton Roads Sanitation District (HRSD). The bill establishes a 10-member advisory board called the Potomac Aquifer Recharge Oversight Committee (the Committee), directing it to ensure that the SWIFT Project is monitored independently. The bill provides that the Committee shall consist of the State Health Commissioner, the Director of the Department of Environmental Quality, the Executive Director of the Hampton Roads Planning District Commission, the two Co-Directors of the Laboratory, the Director of the Occoquan Watershed Monitoring Laboratory, two Virginia citizens appointed by the Governor, and two nonvoting members. The Committee is required by the bill to meet at least quarterly during the initial three years of its existence. The bill also authorizes the Committee to appoint a science and technical advisory council and directs the Committee to request funding from HRSD for the first three years of monitoring of the recharge of the aquifer. The bill also creates the Potomac Aquifer Recharge Monitoring Laboratory (the Laboratory) at a location to be selected in the Hampton Roads region, placing it under the co-direction of one Old Dominion University faculty member and one Virginia Tech faculty member. The bill provides that the Laboratory shall monitor the impact of the SWIFT Project on the Potomac Aquifer, manage testing data, and conduct water sampling and analysis. The bill authorizes both the Commissioner of the Department of Health and the State Water Control Board to issue emergency orders to halt injection or make any change to any facility of the SWIFT Project. |
SB1533: Coal combustion residuals; Chesapeake Bay watershed; closureRequires the owner or operator of any coal combustion residuals (CCR) unit, defined in the bill to include a coal ash pond or landfill, that is located in the Chesapeake Bay watershed to close such CCR unit by removing all of the CCR for (i) recycling, known as encapsulated beneficial use, or (ii) deposition in a permitted and lined landfill that meets certain federal standards. Any owner or operator that disposes of CCR in such a landfill is required to explain why recycling is not economically feasible. Such a closure project shall be completed within 15 years of its initiation and shall be accompanied by water testing or a connection to a municipal water supply for every residence within one-half mile. The bill provides that if the owner or operator moves CCR off-site, it shall use rail transportation to the maximum extent practicable and shall develop and make publicly available a transportation plan for any truck transportation that minimizes the effects on adjacent property owners and surrounding communities. The bill requires the owner or operator of a CCR unit to accept and review on an ongoing basis sufficiently detailed proposals to beneficially reuse any CCR that are not already subject to a removal contract. The bill requires that any entity conducting the closure work, to the maximum extent practicable, utilize local labor and ensure that the work is performed by responsible contractors that pay workers fair wages and benefits. The bill requires the CCR unit owner or operator to submit two annual reports beginning October 1, 2019, and continuing until closure of all of its CCR units is complete. One report describes closure plans, progress, water monitoring results, and other aspects of the closure process; the other report contains the beneficial reuse proposals that the owner or operator has received and its analysis of such proposals. |
SB1534: Coal combustion residuals; cleanup costsAuthorizes an electric utility to recover the costs of the permitted cleanup in the Chesapeake Bay watershed of coal combustion residuals that are generated from the burning of coal for the purpose of generating electricity. The bill provides that such cleanup costs shall be recovered over a 25-year period and shall not include any adjustments or compensation intended to compensate the utility for carrying costs, the length of the period of reimbursement, or interest on funds advanced by the utility or any rate of return on such funds. |
SB1559: C-PACE loans; shoreline resiliency improvementsAuthorizes any locality, by ordinance, to authorize contracts to provide loans for the initial acquisition and installation of shoreline resiliency improvements with free and willing property owners of both existing properties and new construction. Current law authorizes such contracts only for clean energy improvements. |
SB1569: Marine Resources Commission; grant of interest in subaqueous lands, etc.Authorizes the Commonwealth, acting through the Marine Resources Commission, to grant to a political subdivision of the Commonwealth an easement over, or title to, certain beds of the waters of the Commonwealth. The bill requires that the political subdivision receiving such a grant be acting in the capacity of an official nonfederal sponsor, with the U.S. Army Corps of Engineers, of a federally authorized civil works project and that the grant be necessary to the carrying out of such project. The bill requires that such a grant be contained in a written instrument that describes by metes and bounds the land in which the interest is granted and is executed by the Attorney General and countersigned by the Governor. Finally, the bill prohibits any political subdivision that receives a grant of a right or interest as specified in the bill from conveying that right or interest except to the Commonwealth. The bill requires the Commissioner of Marine Resources to report annually to the General Assembly about the grants that have been made during the past year. |
SB1573: Offshore oil and gas drilling; prohibition Prohibits the Marine Resources Commission or the Department of Mines, Minerals and Energy from granting any lease or permit for oil or gas exploration or drilling, or the construction of oil or gas infrastructure, in the beds of any waters of the Commonwealth. Current law authorizes the granting of oil and gas leases on such state-owned bottomlands, which generally are those subaqueous lands lying within three miles of the shore. The bill also repeals a section of the Code of Virginia stating the Commonwealth's support for federal efforts to explore for natural gas more than 50 miles off shore. |
SB1588: Real property taxes; partial exemption for flood mitigation effortsCodifies an amendment to Article X, Section 6 of the Constitution of Virginia that was adopted by the voters on November 6, 2018, which enables a locality to provide by ordinance a partial exemption from real property taxes for flooding abatement, mitigation, or resiliency efforts for improved real estate that is subject to recurrent flooding. The bill provides that exemptions may only be granted for qualifying flood improvements. Qualifying flood improvements are defined in the bill as improvements that do not increase the size of any impervious area and are made to qualifying structures or to land. Qualifying structures are defined as structures that were completed prior to July 1, 2018 or were completed more than 10 years prior to the completion of the improvements. For improvements made to land, the improvements must be made primarily for the benefit of one or more qualifying structures. No exemption shall be granted for any improvements made prior to July 1, 2018. The locality is granted the authority to (i) establish flood protection standards that qualifying flood improvements must meet in order to be eligible for the exemption; (ii) determine the amount of the exemption; (iii) set income or property value limitations on eligibility; (iv) provide that the exemption shall only last for a certain number of years; (v) determine, based upon flood risk, areas of the locality where the exemption may be claimed; and (vi) establish preferred actions for qualifying for the exemption, including living shorelines. |
SB1666: Va. Coastal Protection Act; recasts Va. Shoreline Resiliency FundRecasts the Virginia Shoreline Resiliency Fund as the Virginia Coastal Protection Fund. Moneys generated by the sale of carbon dioxide emissions allowances through any auction program administered by the Commonwealth are directed to the Fund. The measure directs the State Air Pollution Control Board to adopt regulations to limit and reduce the total carbon dioxide emissions released by electric generation facilities. The regulations are required to comply with the Regional Greenhouse Gas Initiative program. The measure authorizes the Director of the Department of Environmental Quality to establish, implement, and manage an auction program to sell allowances into a market-based trading program. The measure requires revenues from the sale of carbon allowances, to the extent permitted by Article X, Section 7 of the Constitution of Virginia, to be distributed without further appropriation to assist localities in implementing hazard mitigation projects in areas that are subject to recurrent flooding, to support energy efficiency programs, to programs in Southwest Virginia for the purpose of revitalizing communities affected by the decline of fossil fuel production, and for administrative expenses. An enactment clause exempts from the Administrative Process Act actions taken by the Department of Environmental Quality to incorporate provisions of this measure into State Air Pollution Control Board regulations without further action of the Board. The enactment also provides that such incorporation will become effective upon approval of the provisions of the measure by the Director of the Department and the filing of the amended regulations with the Registrar of Regulations. |
SB1743: Coal ask management; prohibits construction of any landfill or impoundment for storageProhibits the construction of any landfill or impoundment for the storage of coal combustion residuals located in the Chesapeake Bay watershed, defined in the bill as a CCR unit, beginning July 1, 2020, and requires the closure of all existing CCR units by 2023. The bill requires the owner of a CCR unit to meet detailed requirements and timelines regarding (i) the submission of closure plans to the Department of Environmental Quality (the Department); (ii) the review and approval of such plans by the Department, and the further approval of such plans by the Virginia Waste Management Board (the Board); (iii) the monitoring, assessment, and restoration of groundwater, including the submission and approval by the Department of plans for assessment and corrective action, the implementation of a restoration plan, and the monitoring of wells; (iv) the identification, assessment, and correction of unpermitted discharges, including the submission and approval by the Department of plans for discharge assessment and corrective action; (v) and the submission of quarterly reports to the Department, reports to General Assembly members who have CCR units in their districts, and other reports. The bill authorizes the Board to establish a regulatory fee to pay the expenses of the Board and the Department in providing CCR oversight. The bill directs each owner of CCR to identify, by 2020, two or more CCR units that contain CCR that is suitable for recycling as supplementary cementitious material in concrete. The bill directs the Department to require the owner of such CCR units to enter into contracts to supply at least 600,000 tons of coal ash per year from such CCR units to a CCR beneficiation plant, and to install and operate such a plant. The bill requires the operation of the plant to begin within two years of the issuance of the final permit required. |
SB499: Conservation easements; validity, terminationProhibits a restriction imposed by a conservation easement from being enforced against any occupied single-family dwelling structure, including any outbuilding, shed, barn, garage, or driveway, or the land lying immediately underneath any such structure, for the purposes of additions, repairs, or sale. The bill authorizes the owner of an interest in real property burdened by the easement to terminate such easement in the event of financial hardship. Such owner shall be liable to the Department of Taxation for the full amount of any land preservation tax credits claimed or transferred by the owner that are related to the easement and shall pay any legal fees associated with the termination of the easement. Until such payments are made, such conservation easement shall be considered perpetual in duration unless otherwise provided in the instrument creating it. |
SB765: Coal ash ponds; mandatory testing of drinking water wells in Chesapeake Bay watershed Requires the owner or operator of any coal ash pond in the Chesapeake Bay watershed that is closed by capping in place to complete a survey of all drinking water wells within one mile of the pond by October 1, 2018. The bill requires the utility to commission an independent well water test on behalf of the owner of each such well by January 1, 2019, and requires such a test once per year during each of the five years following the approval of the closure of the coal ash pond, and once every five years thereafter. The bill provides that if any test exceeds groundwater quality standards for constituents associated with coal ash, the Board shall instruct the utility to provide alternate water supplies to the owner of the well. The bill requires the Department of Environmental Quality to consider the results of the tests in its permitting, monitoring, or enforcement proceedings. |
SB766: Citizen water quality monitoring, use as evidence in enforcement actionsAuthorizes the Department of Environmental Quality (the Department) to use certain results of citizen water quality testing as evidence in enforcement actions. Such evidence is currently prohibited. The bill also directs the Department to consider in some cases data collected by a citizen group, regardless of whether the data conforms to the requirements set out in the Code of Virginia. |
SB990: Stormwater; State Water Control Board to adopt regulationsAuthorizes the State Water Control Board (the Board) to adopt stormwater regulations that provide any definitions, equations, or protocols needed to implement the runoff reduction method of demonstrating compliance with water quality technical criteria for certain land-disturbing activities. The bill directs the Board to develop guidance to establish a compliance tool for projects that are subject to the runoff reduction method and the best management practice design specifications needed to implement the water quality technical criteria. |
SJ265: Municipal solid waste generated within a solid waste planning unit; reduction of recycling rateRequests the Secretary of Commerce and Trade and the Secretary of Natural Resources (the Secretaries) to jointly study a reduction of the minimum recycling rate for municipal solid waste generated within a solid waste planning unit. In conducting its study, the Secretaries are to (i) investigate the impact that China's reduced recyclable material contamination acceptance rate has had and is currently having on solid waste planning units in the Commonwealth; (ii) analyze the effect on the Commonwealth of reducing the minimum required recycling rate for solid waste planning units, including impacts to landfills, localities, ecosystems, and the economy; and (iii) propose one or more solutions to assist solid waste planning units and the Commonwealth as a whole, including recommending a specific reduction of the minimum recycling rate for municipal solid waste generated within a solid waste planning unit. |
SJ309: Virginia Marine Resources Commission; creation of protection zones for submarine cablesRequests the Virginia Marine Resources Commission to study the feasibility of creating protection zones for submarine fiber optic cables located along Virginia's shores. |