(Environ) Environment

HB 575 Energy efficiency programs; total resource cost test.

Chief patron: Sullivan

Summary as introduced:
Energy efficiency programs; total resource cost test. Defines the "total resource cost test" as a test to determine if the benefit-cost ratio of a proposed energy efficiency program or measure is greater than one. The measure defines "benefit-cost ratio" as the ratio of the net present value of the total benefits of a program or measure, including savings and non-energy benefits, to the net present value of the total incremental costs of implementing that program or measure as calculated over the lifetime of the measures implemented thereunder. An energy efficiency program or measure that meets the total resource cost test is declared to be in the public interest. The measure provides that an energy efficiency program or measure that fails the total resource cost test shall be reviewed by the State Corporation Commission (SCC) under other tests for approving energy efficiency. The total resource cost test is one of the four tests used by the SCC in assessing electricity and natural gas utility energy efficiency programs.

01/15/16 House: Impact statement from SCC (HB575)
01/19/16 House: Assigned C & L sub: Special Subcommittee on Energy
02/09/16 House: Subcommittee recommends continuing to 2017
02/11/16 House: Continued to 2017 in Commerce and Labor
12/01/16 House: Left in Commerce and Labor

HB 576 Electric and natural gas utilities; energy efficiency goals established, report.

Chief patron: Sullivan

Summary as introduced:

Electric and natural gas utilities; energy efficiency goals. Requires investor-owned electric utilities, cooperative electric utilities, and investor-owned natural gas distribution utilities to meet incremental annual energy efficiency goals. Electric utilities are required to implement cost-effective energy efficiency measures to achieve the goal of two percent savings by 2031 and thereafter, with interim goals that start at 0.25 percent for 2017-2018 and increase in biennial increments of 0.25 percent until 2031. Gas utilities are required to achieve the goal of one percent savings by 2031 and thereafter, with interim goals that start at 0.125 percent for 2017-2018 and increase in biennial increments of 0.125 percent until 2031. The utilities are required to submit energy efficiency plans with the State Corporation Commission (SCC). The SCC (i) shall order changes to a plan submitted by a utility that does not demonstrate that the utility will achieve incremental annual energy efficiency goals; (ii) shall require utilities to commence compliance efforts with the incremental annual energy efficiency goals during calendar year 2017, though it may adjust the goal for 2017 if appropriate to address a partial year of implementation; (iii) may design performance incentives that reward utilities for exceeding efficiency goals; (iv) shall require utilities to report annually to the SCC on their efforts and progress in meeting the incremental annual energy efficiency goals; and (v) shall submit reports regarding compliance with the requirements of the incremental annual energy efficiency goals every five years.

01/15/16 House: Impact statement from SCC (HB576)
01/19/16 House: Assigned C & L sub: Special Subcommittee on Energy
02/09/16 House: Subcommittee recommends continuing to 2017
02/11/16 House: Continued to 2017 in Commerce and Labor
12/01/16 House: Left in Commerce and Labor

HB 1065 Ground water conservation incentive program; State Water Control Bd. to establish voluntary program.

Chief patron: Jones

Summary as introduced:

Conservation of ground water. Directs the State Water Control Board to establish a voluntary ground water conservation incentive program. The program is designed to provide incentives to those ground water permittees who agree to adopt measures that would (i) substantially reduce their reliance on ground water, (ii) transition to alternative water sources, or (iii) develop necessary infrastructure. The permittee would have to agree to either a 50 percent reduction in the amount authorized by its permit or certificate that is in effect on January 1, 2015, or achieve a comparable level of conservation by any combination of authorized withdrawal amount reduction and alternative options approved by the Board. These conditions are referred to as "qualification criteria" and will be used to determine the permittee's eligibility for the program. If a permittee is accepted into the program he will have a transition period, not to exceed 15 years, to meet the criteria. Each permittee that agrees to the qualification will have the benefit of a "regulatory certainty" period of 20 years during which the amount of withdrawal cannot be reduced, except in limited circumstances.

01/13/16 House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/25/16 House: Assigned ACNR sub: Chesapeake
02/04/16 House: Subcommittee recommends continuing to 2017
02/10/16 House: Continued to 2017 in Agriculture, Chesapeake and Natural Resources
12/01/16 House: Left in Agriculture, Chesapeake and Natural Resources

HB 1080 Onsite sewage systems; designs for treatment works from professional engineers.

Chief patron: Hodges

Summary as introduced:
Onsite sewage systems. Clarifies that designs for treatment works from individuals licensed as professional engineers shall comply with horizontal setback requirements applicable to public and private drinking water sources, lakes and other impounded waters, streams and rivers, shellfish waters, and karst-related surface features necessary to protect public health and the environment. The bill also provides that effluent and ground water sampling requirements of the Board of Health shall not apply to alternative onsite sewage systems sized at 1,000 gallons per day or smaller unless a Notice of Violation has been issued and that the Board of Health shall not have the authority to regulate, restrict, define, or prohibit any ground modification or improvement techniques associated with standard engineering practice for the purpose of meeting any performance requirements.

01/20/16 House: Assigned HWI sub: Subcommittee #3
01/21/16 House: Impact statement from VDH (HB1080)
02/04/16 House: Subcommittee recommends continuing to 2017
02/09/16 House: Continued to 2017 in Health, Welfare and Institutions
12/01/16 House: Left in Health, Welfare and Institutions

HB 1358 Gas emissions; control systems for certain landfills.

Chief patron: Fariss

Summary as introduced:
Control of gas emission from certain landfills. Requires all active sanitary landfills that hold a Title V operating permit issued by the Virginia Air Pollution Control Board and are located within one-half mile of any residence or residentially zoned property to install a landfill gas collection and control system by July 1, 2018, whether or not the Title V operating permit requires such installation. The bill (i) requires any application for the expansion of any such landfill to include certification from the governing body of the locality where the facility is located that the expansion of the facility has been approved and (ii) prohibits the Department of Environmental Quality from issuing a Certificate to Operate for any expansion of an area within such facility before the Department receives such certification of approval, if the sanitary landfill has not received such Certificate to Operate by January 1, 2016.

02/01/16 House: Assigned ACNR sub: Natural Resources
02/03/16 House: Subcommittee recommends continuing to 2017
02/04/16 House: Impact statement from DPB (HB1358)
02/10/16 House: Continued to 2017 in Agriculture, Chesapeake and Natural Resources
12/01/16 House: Left in Agriculture, Chesapeake and Natural Resources

HB 1465 Electric energy consumption reduction goal; progress reports.

Chief patron: Sullivan

Summary as introduced:
Electric energy consumption reduction goal; progress reports. Directs the Department of Mines, Minerals and Energy, in consultation with the staff of the State Corporation Commission, to report annually, commencing no later than December 15, 2018, on the progress the Commonwealth is making toward meeting the goal adopted in 2007 of reducing the consumption of electric energy by retail customers by the year 2022 by an amount equal to 10 percent of the amount of electric energy consumed by retail customers in 2006. The bill requires the reports to be made to the General Assembly and the Governor's Executive Committee on Energy Efficiency (the Committee) or, if the Committee ceases operations, to the Governor.

12/07/16 House: Referred to Committee on Commerce and Labor
01/12/17 House: Impact statement from DPB (HB1465)
01/17/17 House: Assigned C & L sub: Special Subcommittee on Energy
01/31/17 House: Subcommittee recommends laying on the table
02/08/17 House: Left in Commerce and Labor

HB 1600 Landfills; DEQ, et al., to work towards odor reduction in Campbell County.

Chief patron: Fariss

Summary as introduced:
Certain sanitary landfills; gas collection and control system. Requires any active sanitary landfill that receives more than 100,000 tons of solid waste per year and is located within one-half mile of any residence or residentially zoned property to install a landfill gas collection and control system by July 1, 2019.

02/20/17 Senate: Constitutional reading dispensed (40-Y 0-N)
02/21/17 Senate: Read third time
02/21/17 Senate: Passed Senate (40-Y 0-N)
02/21/17 Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
02/21/17 Senate: Passed Senate (40-Y 0-N)

HB 1619 Watershed discharge permits; review of allocations.

Chief patron: Bulova

Summary as introduced:

Watershed discharge permits; review of allocations. Directs the State Water Control Board to incorporate into the general permit procedures by which it will, every 10 years beginning in 2020, (i) review load allocations to determine whether changes in the use of a facility have halted or reduced nutrient discharges and (ii) determine, prior to reissuing the general permit, the need for reallocations based on a variety of factors, including changes in treatment technologies and land use.

02/08/17 Senate: Signed by President
02/09/17 House: Enrolled Bill communicated to Governor on 2/9/17
02/09/17 Governor: Governor's Action Deadline Midnight, February 16, 2017
02/09/17 House: Impact statement from DPB (HB1619ER)
02/13/17 Governor: Approved by Governor-Chapter 9 (effective 7/1/17)

HB 1636 Energy efficiency programs; total resource cost test.

Chief patron: Sullivan

Summary as introduced:
Energy efficiency programs; total resource cost test. Defines the "total resource cost test" as a test to determine if the benefit-cost ratio of a proposed energy efficiency program or measure is greater than one. The measure defines "benefit-cost ratio" as the ratio of the net present value of the total benefits of a program or measure, including savings and non-energy benefits, to the net present value of the total incremental costs of implementing that program or measure as calculated over the lifetime of the measures implemented thereunder. An energy efficiency program or measure that meets the total resource cost test is declared to be in the public interest. The measure provides that an energy efficiency program or measure that fails the total resource cost test shall be reviewed by the State Corporation Commission (SCC) under other tests for approving energy efficiency. The total resource cost test is one of the four tests used by the SCC in assessing electricity and natural gas utility energy efficiency programs.

01/04/17 House: Referred to Committee on Commerce and Labor
01/10/17 House: Impact statement from SCC (HB1636)
01/17/17 House: Assigned C & L sub: Special Subcommittee on Energy
01/31/17 House: Subcommittee recommends laying on the table
02/08/17 House: Left in Commerce and Labor

HB 1859 Nonfederally managed hazardous sites; DEQ to publish and update annually.

Chief patron: Lopez

Summary as introduced:
Department of Environmental Quality; nonfederally managed hazardous sites; inventory. Directs the Department of Environmental Quality (DEQ) to publish and update annually a Virginia Nonfederally Managed Hazardous Site Inventory, consisting of a list of sites of which DEQ is aware that meet certain criteria regarding the presence of hazardous wastes or other hazardous substances but that are not listed on the federal National Priorities List. The bill also requires an owner of an inactive nonfederally managed hazardous waste site to notify DEQ of its existence.

01/10/17 House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/16/17 House: Assigned ACNR sub: Chesapeake
01/16/17 House: Impact statement from DPB (HB1859)
01/18/17 House: Subcommittee recommends laying on the table
02/07/17 House: Left in Agriculture, Chesapeake and Natural Resources

HB 1860 Aboveground storage tanks; State Water Control Board to regulate, civil and criminal penalties.

Chief patron: Lopez

Summary as introduced:
Aboveground storage tanks; fund; civil and criminal penalties. Directs the State Water Control Board (the Board) to regulate aboveground storage tanks that measure more than 5,000 gallons in capacity and are used to contain dangerous substances other than oil. The bill directs the Board to adopt regulations that establish construction standards, requirements for registration, certification, and inspection, and other requirements of tank owners and establish a schedule of fees. The bill authorizes the Board to require the owner to undertake corrective action, or to undertake its own corrective action, in the event of a release of a regulated substance. The bill requires tank owners to register their tanks, develop release response plans, upgrade certain older tanks, install containment infrastructure for certain tanks, notify certain parties in the event of a release of a regulated substance, and demonstrate their financial responsibility. The bill also creates the Aboveground Storage Tank Fund and provides for civil and criminal penalties for violations of requirements of the bill.

01/12/17 House: Impact statement from VCSC (HB1860)
01/16/17 House: Assigned ACNR sub: Chesapeake
01/17/17 House: Impact statement from DPB (HB1860)
01/18/17 House: Subcommittee recommends laying on the table
02/07/17 House: Left in Agriculture, Chesapeake and Natural Resources

HB 1870 Deleterious substances; discharge into state waters.

Chief patron: Lopez

Summary as introduced:
Discharge of deleterious substance into state waters; notice. Requires any person who unlawfully discharges any deleterious substance into state waters to give written notice to the State Water Control Board. Current law requires written notice to be given only to the Department of Environmental Quality. The bill also requires the Board or the Department to give the reported discharge information to local newspapers, television stations, and radio stations as soon as practicable after receiving it.

01/10/17 House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/16/17 House: Assigned ACNR sub: Chesapeake
01/16/17 House: Impact statement from DPB (HB1870)
01/26/17 House: Subcommittee failed to recommend reporting (2-Y 4-N)
02/07/17 House: Left in Agriculture, Chesapeake and Natural Resources

HB 1974 Clean Power Plan; state implementation plan; General Assembly approval.

Chief patron: O'Quinn

Summary as introduced:
Clean Power Plan; state implementation plan; General Assembly approval. Requires the Department of Environmental Quality to receive approval from the General Assembly for a state implementation plan to regulate carbon dioxide emissions from existing power plants prior to submitting the plan to the U.S. Environmental Protection Agency for approval.

02/21/17 Senate: Defeated by Senate (20-Y 20-N)
02/21/17 Senate: Chair votes No
02/21/17 Senate: Reconsideration of defeated action agreed to by Senate (40-Y 0-N)
02/21/17 Senate: Passed Senate with amendment (21-Y 19-N)
02/22/17 House: Placed on Calendar

HB 2012 Stormwater; failed best management practice.

Chief patron: Hodges

Summary as introduced:
Stormwater; failed best management practice. Directs the State Water Control Board to adopt regulations that (i) define a failed best management practice (Failed BMP), (ii) establish criteria for determining whether a particular installed BMP qualifies as a Failed BMP, and (iii) direct the Department of Environmental Quality, at the request of the locality, to assume, by contract with the locality, the responsibility for enforcing the operation and maintenance obligations of the owner of a Failed BMP. The bill defines a BMP for purposes of the Stormwater Management Act (ยง 62.1-44.15:24 et seq.) as a structural practice, nonstructural practice, or other management practice used to prevent or reduce nutrient loads associated with stormwater from reaching surface waters or the adverse effects thereof.

01/10/17 House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/16/17 House: Assigned ACNR sub: Chesapeake
01/17/17 House: Impact statement from DPB (HB2012)
01/26/17 House: Subcommittee recommends laying on the table
02/01/17 House: Stricken from docket by Agriculture, Chesapeake and Natural Resources

HB 2158 Dumping trash; increases penalty.

Chief patron: Rasoul

Summary as introduced:
Dumping trash; penalty. Increases the minimum fine for dumping trash on public property or on private property without the written consent of the owner from $250 to $500.

01/26/17 House: Referred to Committee for Courts of Justice
01/27/17 House: Assigned Courts sub: Criminal Law
01/30/17 House: Impact statement from DPB (HB2158)
01/30/17 House: Subcommittee recommends laying on the table
02/07/17 House: Left in Courts of Justice

HB 2272 Compact fluorescent light (CFL) bulb recycling; local ordinances, civil penalties.

Chief patron: Krizek

Summary as introduced:
Compact fluorescent light (CFL) bulb recycling; local ordinances; civil penalties. Allows any locality to require (i) a retailer of CFL bulbs to accept used bulbs from customers and to post written notice of that requirement at the point of retail sale and (ii) a wholesaler of CFL bulbs to accept used bulbs and to pick them up from the point of collection within 90 days of collection. The bill requires any such local ordinance to require CFL bulb retailers and wholesalers to take the returned bulbs to a collection or recycling facility and authorizes the locality to subject violations of the law to a civil penalty of up to $50 per violation.

01/11/17 House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/13/17 House: Impact statement from DHCD (HB2272)
01/16/17 House: Assigned ACNR sub: Natural Resources
01/25/17 House: Subcommittee recommends reporting with substitute (6-Y 3-N)
02/01/17 House: Failed to report (defeated) in Agriculture, Chesapeake and Natural Resources (10-Y 10-N)

HB 2311 Nutrient Offset Fund; sale of credits.

Chief patron: Cox

Summary as passed House:

Nutrient Offset Fund; sale of credits. Requires the Director of the Department of Environmental Quality (DEQ) to use certain funds to purchase nutrient credits for point or nonpoint sources that achieve reductions beyond the requirements of state or federal law or the Chesapeake Bay Watershed Implementation Plan. The bill directs DEQ to establish procedures for distributing moneys from the Nutrient Offset Fund with certain requirements. The bill requires the Director of DEQ to consider the recommendations of the Secretary of Commerce and Trade and the requirements of the State Water Control Law (§ 62.1-44.2 et seq.) in the sale of nutrient credits to new or expanding private facilities. The bill also removes the priority given to nutrient offsets produced from facilities that generate electricity from animal waste. The bill renames nutrient offsets as nutrient credits.

02/20/17 Senate: Constitutional reading dispensed (40-Y 0-N)
02/21/17 Senate: Read third time
02/21/17 Senate: Passed Senate (40-Y 0-N)
02/21/17 Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
02/21/17 Senate: Passed Senate (40-Y 0-N)

HB 2383 Combined sewer overflow outfalls; DEQ to identify owner of outfall discharging into Chesapeake Bay.

Chief patron: Lingamfelter

Summary as introduced:
Department of Environmental Quality (DEQ); combined sewer overflow (CSO) outfalls; Chesapeake Bay Watershed. Directs DEQ to identify the owner of any combined sewer overflow outfall that discharges into the Chesapeake Bay Watershed and to determine what actions by the owner are necessary to bring the outfall into compliance with Virginia law, the federal Clean Water Act, and the Presumption Approach described in the CSO Control Policy of the U.S. Environmental Protection Agency (EPA). The bill requires any owner of such an outfall to bring it into compliance with the EPA policy by July 1, 2024, and, until compliance is achieved, to annually report its progress to DEQ. The bill requires DEQ to provide all such reports to certain legislative committees, the Virginia delegation to the Chesapeake Bay Commission, the Secretary of Natural Resources, and the Governor. The bill does not apply to any outfall for which a higher level of control is necessary to comply with a TMDL.

02/21/17 Senate: Engrossed by Senate - committee substitute HB2383S1
02/21/17 Senate: Passed Senate with substitute (40-Y 0-N)
02/21/17 Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
02/21/17 Senate: Passed Senate with substitute (40-Y 0-N)
02/22/17 House: Placed on Calendar

HB 2384 Drinking water; lead levels.

Chief patron: Lopez

Summary as introduced:
Drinking water; lead levels. Directs the State Board of Health to adopt regulations establishing the action level for lead in drinking water as 10 parts per billion beginning January 1, 2018, and as five parts per billion beginning January 1, 2022. The bill authorizes the Board to establish lower action levels for lead in drinking water.

01/17/17 House: Referred to Committee on Health, Welfare and Institutions
01/23/17 House: Assigned HWI sub: Subcommittee #3
01/24/17 House: Impact statement from VDH (HB2384)
01/31/17 House: Subcommittee recommends laying on the table
02/07/17 House: Left in Health, Welfare and Institutions

HB 2431 School property; retail fee-based electric vehicle charging stations.

Chief patron: Bulova

Summary as introduced:
School property; retail fee-based electric vehicle charging stations. Permits any school board to locate and operate retail fee-based electric vehicle charging stations on school property, provided that the use of each such station during the school day is restricted to school board employees, students, and authorized visitors and each such station is accompanied by appropriate signage that provides reasonable notice of such restriction.

02/15/17 House: Impact statement from DPB (HB2431ER)
02/15/17 House: Signed by Speaker
02/17/17 Senate: Signed by President
02/17/17 House: Enrolled Bill communicated to Governor on 2/17/17
02/17/17 Governor: Governor's Action Deadline Midnight, February 24, 2017

HB 2454 Onsite treatment works; effluent quality standards and maintenance requirements.

Chief patron: Hodges

Summary as introduced:
Onsite treatment works; effluent quality standards and maintenance requirements. Provides that effluent quality standards and maintenance requirements for onsite treatment works designed by individuals licensed as professional engineers shall not exceed those established in the Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day for fresh water discharge.

01/20/17 House: Referred to Committee on Health, Welfare and Institutions
01/23/17 House: Impact statement from VDH (HB2454)
01/23/17 House: Assigned HWI sub: Subcommittee #3
01/31/17 House: Subcommittee recommends laying on the table
02/07/17 House: Left in Health, Welfare and Institutions

HJ 636 Study; economic impacts of litter on fishing, farming, and water quality in urban streams; report.

Chief patron: Krizek

Summary as introduced:

Study; economic impacts of litter on fishing, farming, and water quality in urban streams; report. Requests 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.

01/10/17 House: Prefiled and ordered printed; offered 01/11/17 17102774D
01/10/17 House: Referred to Committee on Rules
01/12/17 House: Assigned Rules sub: Studies
01/26/17 House: Tabled in Rules

HJ 639 Study; Office of Drinking Water; Commonwealth's drinking water infrastructure and oversight.

Chief patron: Lopez

Summary as introduced:
Study; Office of Drinking Water; study of the Commonwealth's drinking water infrastructure and oversight of the drinking water system; report. Requests the Office of Drinking Water of the Department of Health (the Office) to study the Commonwealth's drinking water infrastructure and oversight of the drinking water system. In conducting its study, the Office shall (i) identify problems or issues that may result in contamination of the Commonwealth's drinking water supply with lead or copper or increase the likelihood of contamination of the Commonwealth's drinking water supply with lead or copper and (ii) develop recommendations for addressing such problems or issues.

01/10/17 House: Prefiled and ordered printed; offered 01/11/17 17103118D
01/10/17 House: Referred to Committee on Rules
01/12/17 House: Assigned Rules sub: Studies
01/26/17 House: Tabled in Rules

HJ 672 Study; JLARC; coastal flooding adaptation and resiliency report.

Chief patron: Stolle

Summary as introduced:
Study; JLARC; coastal flooding adaptation and resiliency report. Directs the Joint Legislative Audit and Review Commission to study the ongoing efforts throughout the Commonwealth with regard to coastal flooding adaptation and resiliency and to (i) assess the adequacy and effectiveness of the Commonwealth%92s coastal flooding and adaptation development programs; (ii) assess how effectively the state and local governments develop, manage, and oversee coastal flooding and adaptation practices and strategies; and (iii) examine best practices and strategies used by the public and private sectors in other states and other countries to manage water through successful coastal flooding and adaptation strategies.

01/10/17 House: Prefiled and ordered printed; offered 01/11/17 17103878D
01/10/17 House: Referred to Committee on Rules
01/26/17 House: Tabled in Rules

HJ 704 Study; Secretary of Natural Resources and Secretary of Education; environmental education; report.

Chief patron: Bulova

Summary as introduced:
Study; Secretary of Natural Resources and Secretary of Education; environmental education; report. Requests that the Secretary of Natural Resources and the Secretary of Education convene and consult with a group of stakeholders to study the delivery of environmental education in the Commonwealth in light of the elimination of all staff positions within the Department of Conservation and Recreation's Office of Environmental Education and the elimination, transfer, and reduction of many of such office's functions.

01/11/17 House: Prefiled and ordered printed; offered 01/11/17 17102297D
01/11/17 House: Referred to Committee on Rules
01/12/17 House: Assigned Rules sub: Studies
01/26/17 House: Tabled in Rules

SB 558 Dredging; TMDL credits, request for assignment of credits equivalent to street sweeping.

Chief patron: DeSteph

Summary as introduced:
Dredging; TMDL credits; request for assignment of credits equivalent to street sweeping. Requests the Chesapeake Bay Program, a regional partnership directing the restoration of the Chesapeake Bay, to approve a certain type of dredging as a creditable practice for pollutant removal and to assign to it a number of total maximum daily load (TMDL) credits equivalent to those assigned to the removal of pollutants by street sweeping.

01/13/16 Senate: Prefiled and ordered printed; offered 01/13/16 16101473D
01/13/16 Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/28/16 Senate: Impact statement from DPB (SB558)
02/04/16 Senate: Continued to 2017 in Agriculture, Conservation and Natural Resources (15-Y 0-N)
12/02/16 Senate: Left in Agriculture, Conservation and Natural Resources

SB 898 DEQ; combined sewer overflow (CSO) outfalls; Potomac River Watershed.

Chief patron: Stuart

Summary as passed Senate:

Department of Environmental Quality (DEQ); combined sewer overflow (CSO) outfalls; Potomac River Watershed. Directs DEQ to identify the owner of any combined sewer overflow outfall that discharges into the Potomac River Watershed and to determine what actions by the owner are necessary to bring the outfall into compliance with the Presumption Approach described in the CSO Control Policy of the U.S. Environmental Protection Agency (EPA). The bill requires any owner of such an outfall to bring it into compliance with the EPA policy by July 1, 2025, unless a higher level of control is necessary to comply with a TMDL. This bill incorporates SB 818.

02/17/17 House: Passed House with substitute BLOCK VOTE (99-Y 0-N)
02/17/17 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/21/17 Senate: House substitute rejected by Senate (1-Y 38-N 1-A)
02/22/17 House: House insisted on substitute
02/22/17 House: House requested conference committee

SB 925 Plastic bag tax in the Chesapeake Bay Watershed.

Chief patron: Petersen

Summary as introduced:
Plastic bag tax in the Chesapeake Bay Watershed. Imposes 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.

12/27/16 Senate: Prefiled and ordered printed; offered 01/11/17 17101879D
12/27/16 Senate: Referred to Committee on Finance
01/15/17 Senate: Impact statement from TAX (SB925)
01/18/17 Senate: Passed by indefinitely in Finance (10-Y 4-N)

SB 984 Water Quality Improvement Fund; water reuse facilities.

Chief patron: Dance

Summary as introduced:
Water Quality Improvement Fund; water reuse facilities. Includes technologies in water reuse facilities that result in the reduction of nutrient discharges in the definition of nutrient removal technology.

01/03/17 Senate: Prefiled and ordered printed; offered 01/11/17 17101508D
01/03/17 Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/19/17 Senate: Stricken at request of Patron in Agriculture, Conservation and Natural Resources (15-Y 0-N)

SB 990 Electric energy consumption reduction goal; progress reports.

Chief patron: Dance

Summary as passed Senate:

Electric energy consumption reduction goal; progress reports. Directs the Department of Mines, Minerals and Energy, in consultation with the staff of the State Corporation Commission, to report annually, commencing no later than December 15, 2018, on the progress the Commonwealth is making toward meeting the goal adopted in 2007 of reducing the consumption of electric energy by retail customers by the year 2022 by an amount equal to 10 percent of the amount of electric energy consumed by retail customers in 2006. The bill requires the reports to be made to the General Assembly, the Governor, and the Governor's Executive Committee on Energy Efficiency.

02/17/17 House: Reconsideration of House passage agreed to by House
02/17/17 House: Passed House (74-Y 23-N 1-A)
02/17/17 House: VOTE: PASSAGE #2 (74-Y 23-N 1-A)
02/22/17 Senate: Enrolled
02/22/17 Senate: Bill text as passed Senate and House (SB990ER)

SB 1349 Coastal Protection and Flooding Adaptation, Secretary for; creates position, effective clause.

Chief patron: Lewis

Summary as introduced:
Secretary for Coastal Protection and Flooding Adaptation. Creates the position of Secretary for Coastal Protection and Flooding Adaptation (the Secretary). The Secretary shall be responsible for consolidating into a single office the resources for coastal flooding threats and adaptation. The Secretary also shall be the lead in providing direction, ensuring accountability, and developing a statewide coastal flooding adaptation strategy. The Secretary, in cooperation with the Secretary of Natural Resources, shall identify sources of funding for needed implementation of strategies for coastal protection and flooding adaptation.

01/27/17 Senate: Committee amendments agreed to
01/27/17 Senate: Engrossed by Senate as amended SB1349E
01/27/17 Senate: Printed as engrossed 17102084D-E
01/30/17 Senate: Passed by for the day
01/31/17 Senate: Read third time and defeated by Senate (19-Y 21-N)

SB 1383 Coal ash; treatment by utilities, recycling.

Chief patron: Surovell

Summary as introduced:
Coal ash; treatment by utilities; recycling. Requires electric utilities to recycle as much of their stored coal ash as is imported into the Commonwealth each year, on a pro rata basis. The bill directs the Department of Environmental Quality (DEQ) and the State Water Control Board (the Board) to include in any permit authorizing the storage of coal ash a requirement that the utility treat an amount of its coal ash equal to its share of the total amount of coal ash in Virginia multiplied by the amount of ash that is imported that year for use in concrete or other products. The bill authorizes each utility to recover its treatment costs from its ratepayers while requiring the utility to make an effort to sell the treated coal ash. Finally, the bill directs the Department of Transportation to enter into a memorandum of understanding with DEQ as required to permit the transportation and treatment of coal ash.

01/11/17 Senate: Prefiled and ordered printed; offered 01/11/17 17102837D
01/11/17 Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/19/17 Senate: Impact statement from DPB (SB1383)
02/02/17 Senate: Stricken at request of Patron in Agriculture, Conservation and Natural Resources (15-Y 0-N)

SB 1471 Virginia Alternative Energy and Coastal Protection Act; established, report.

Chief patron: Locke

Summary as introduced:
Virginia Alternative Energy and Coastal Protection Act. Requires the Governor to seek to join the Regional Greenhouse Gas Initiative or other carbon trading program with an open auction of carbon allowances. The Department of Environmental Quality is directed to establish a carbon dioxide cap and trade program to reduce emissions released by electric generation stations. The revenues from the sale of carbon allowances are to be deposited in the Virginia Shoreline Resiliency Fund, a revolving fund established in 2016 for the purposes of mitigating future flood damage and creating a low-interest loan program to help residents and businesses that are subject to recurrent flooding.

01/17/17 Senate: Presented and ordered printed 17104118D
01/17/17 Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/19/17 Senate: Impact statement from DPB (SB1471)
02/02/17 Senate: Failed to report (defeated) in Agriculture, Conservation and Natural Resources (7-Y 8-N)

SB 1496 Virginia Alternative Energy and Coastal Protection Act; established, report.

Chief patron: Lewis

Summary as introduced:
Virginia Alternative Energy and Coastal Protection Act. Requires the Governor to seek to join the Regional Greenhouse Gas Initiative or other carbon trading program with an open auction of carbon allowances. The Department of Environmental Quality is directed to establish a carbon dioxide cap and trade program to reduce emissions released by electric generation stations. The revenues from the sale of carbon allowances are to be deposited in the Virginia Shoreline Resiliency Fund, a revolving fund established in 2016 for the purposes of mitigating future flood damage and creating a low-interest loan program to help residents and businesses that are subject to recurrent flooding.

01/18/17 Senate: Presented and ordered printed 17104147D
01/18/17 Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/23/17 Senate: Impact statement from DPB (SB1496)
01/26/17 Senate: Incorporated by Agriculture, Conservation and Natural Resources (SB1471-Locke) (15-Y 0-N)

SB 1518 Recycling; beneficial use.

Chief patron: Lewis

Summary as introduced:
Recycling; beneficial use. Expands the scope of the recycling programs supported by the Virginia Department of Environmental Quality (DEQ) to include beneficial use, defined as the use or reuse of a material that otherwise would become solid waste in a manufacturing process or as landfill cover, aggregate substitute, fuel substitute, or fill material. The bill provides that any proposal for a certain type of local recycling grant shall be deemed to meet the eligibility requirements if it includes provisions to increase recycling for beneficial reuse through a public-private cooperative program. The bill also increases from every four years to every two years the frequency of the submission of a recycling survey report by a solid waste planning unit or locality. Finally, the bill directs DEQ to evaluate recycling rates statewide and make recommendations for increasing rates and to report on its findings by October 1, 2018.

01/19/17 Senate: Presented and ordered printed 17103990D
01/19/17 Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/23/17 Senate: Impact statement from DPB (SB1518)
01/26/17 Senate: Committee amendments
01/26/17 Senate: Passed by indefinitely in Agriculture, Conservation and Natural Resources with letter (15-Y 0-N)

SJ 297 Coastal flooding adaptation and resiliency report; JLARC to study.

Chief patron: Wagner

Summary as introduced:
Study; JLARC; coastal flooding adaptation and resiliency. Directs the Joint Legislative Audit and Review Commission to study the ongoing efforts throughout the Commonwealth with regard to coastal flooding adaptation and resiliency and to determine the effectiveness of such efforts and issue appropriate recommendations.

01/11/17 Senate: Prefiled and ordered printed; offered 01/11/17 17103136D
01/11/17 Senate: Referred to Committee on Rules
02/02/17 Senate: Passed by indefinitely in Rules

Counts: HB: 21 HJ: 4 SB: 10 SJ: 1