2011 SESSION

Convened January 12, 2011 -

WATERS OF THE STATE, PORTS, AND HARBORS

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over from 2010 Session (CD) Carried over but died in committee on or before 12/2/2010

Aboveground storage tanks; State Water Control Board to develop performance standards for new or retrofitted tanks in City of Fairfax. Amending § 62.1-44.34:15.1. (Patron-Bulova, HB 2103 (Chapter 883); Petersen, SB 843 (Chapter 884))

Advanced Shipbuilding Training Facility Grant Program; revises Program. Amending § 59.1-284.23; adding fifth enactment of Chapters 798 and 850, 2009 Acts. (Patron-Jones, HB 2495 (Chapter 749))

Appomattox State Scenic River; designating lower portion thereof as a scenic river. Amending § 10.1-409. (Patron-Ingram, HB 2424 (Chapter 276))

Appomattox State Scenic River; increases length of portion thereof that has been designated as scenic river. Amending § 10.1-409. (Patron-Ingram, HB 1281 (CD))

Baylor Ground; removes certain area in waters of Crippen Creek in Accomack County from natural oyster beds, etc. (Patron-Lewis, HB 2187 (F))

Chesapeake Bay crab meat; containers of crab meat that are labeled as such to include at least 51 percent by weight, crab taken from Chesapeake Bay. Amending § 3.2-5123. (Patron-Lewis, HB 2186 (F))

Chesapeake Bay Watershed Nutrient Credit Exchange Program; Secretary of Natural Resources to study expansion thereof. (Patron-Whipple, SJR 334 (P))

Craney Island Disposal Area; Virginia Port Authority to take material dredged during expansion of Craney Island from sediment remediation and wetlands mitigation sites and dispose. Amending § 62.1-132.20. (Patron-Blevins, SB 955 (F))

Environmental Quality, Department of; powers of Executive Director. Amending § 62.1-44.14. (Patron-Knight, HB 1624 (F))

Filled subaqueous bottomlands; Virginia Marine Resources Commission to convey title to applicant if fill was lawfully deposited. Amending § 28.2-1200.1. (Patron-Cosgrove, HB 2310 (Chapter 733); Wagner, SB 1133 (Chapter 734))

Ground water withdrawal permit fees; increases maximum amount State Water Control Board can charge. Amending § 62.1-44.15:6. (Patron-Ticer, SB 1237 (F))

Harvell Dam; Department of Game and Inland Fisheries shall submit a report evaluating alternatives to proposed breach thereof. (Patron-Dance, HB 1855 (Chapter 215))

Harvell Dam; exempts part of Appomattox River located in City of Petersburg from fish passageway requirements. Amending § 29.1-532. (Patron-Dance, HB 795 (CD))

Impaired waters; requires plan developed and implemented to restore waters be controlling. Amending § 62.1-44.19:7. (Patron-Cox, J.A., HB 2486 (Chapter 281); Obenshain, SB 1441 (Chapter 322))

Impounding structure; definition, exempts dams that are operated primarily for agricultural preservation and conservation purposes. Amending § 10.1-604. (Patron-Vogel, SB 1406 (I) See SB1060)

Impounding structure; determination of hazard potential classification, development of general permit. Amending §§ 10.1-603.19 and 10.1-606.4; adding §§ 10.1-604.1 and 10.1-605.3. (Patron-McDougle, SB 1060 (Chapter 637))

Income tax, corporate; tax credit to taxpayers engaged in manufacturing goods or distribution of manufactured goods that use Virginia port facilities, etc. Adding § 58.1-439.12:06. (Patron-Wagner, SB 1481 (Chapter 872))

Income tax, corporate; Virginia port volume increase tax credit. Adding § 58.1-439.12:06. (Patron-Purkey, HB 2531 (Chapter 831))

Interbasin water transfers; establishes a procedure. Adding §§ 62.1-44.34:29 through 62.1-44.34:38. (Patron-Wright, HB 2402 (F); Ruff, SB 1307 (F))

Lake Anna; names six bridges in vicinity. (Patron-Houck, SB 952 (Chapter 144))

Menhaden fishing; prohibits taking or catching with purse nets in Rappahannock River and its tributaries. Amending § 28.2-409. (Patron-Miller, J.H., HB 1913 (F))

No discharge zones; criteria shall be premised on improvement of impaired tidal creeks. Amending § 62.1-44.33. (Patron-Pollard, HB 1943 (Chapter 220))

Nottoway River; extends portion that is designated as a component of Virginia Scenic Rivers System. Amending § 10.1-414. (Patron-Tyler, HB 1743 (Chapter 96); Barlow, HB 2137 (I) See HB1743; Lucas, SB 778 (Chapter 136))

Nutrient Offset Fund; created for purchase of nutrient reductions certified under Chesapeake Bay Watershed Nutrient Credit Exchange Program. Amending §§ 62.1-44.19:15 and 62.1-44.19:18; adding § 10.1-2128.2. (Patron-Hanger, SB 1100 (Chapter 524))

Offshore energy resources; State to support oil and natural gas exploration, etc., if doesn’t adversely affect natural resources of Chesapeake Bay. Amending § 67-300. (Patron-McEachin, SB 814 (F))

Permit compliance; Department of Environmental Quality increases limit of a civil penalty issued by a special order of Director, etc. Amending §§ 10.1-1182 and 10.1-1186; adding § 10.1-1186.6. (Patron-McEachin, SB 1119 (V))

Pianakatank River and Narrows; Virginia Marine Resources Commission to convey permanent easements and rights-of-way across beds for purpose of installing and operating submarine electric distribution cable system. (Patron-McDougle, SB 921 (Chapter 601))

Point source nutrient trading; shall not be subject to a two-for-one trading ratio. Amending § 62.1-44.19:15. (Patron-Hanger, SB 1102 (Chapter 440))

Professional Soil Scientists and Wetland Professionals, Board for; licensed professional soil scientists. Amending §§ 54.1-2200 through 54.1-2203, 54.1-2205, 54.1-2206, 54.1-2207, and 54.1-2208; repealing § 54.1-2204. (Patron-Carrico, HB 1734 (Chapter 777); Vogel, SB 1265 (Chapter 859))

Renewable energy incentives; created for development of renewable energy facilities in State. Amending §§ 2.2-1175, 2.2-4344, 10.1-1197.6, 56-576, 62.1-198, 62.1-199, and 62.1-203; adding §§ 2.2-4325.1 and 62.1-218.1. (Patron-Cosgrove, HB 2447 (F))

Reporting of water withdrawals; State Water Control Board to impose a civil penalty. Amending § 62.1-44.38. (Patron-Bulova, HB 1738 (V))

Sewage sludge; localities located in karst regions to prohibit application within their boundaries. Adding § 62.1-44.19:3.01. (Patron-Gilbert, HB 1340 (CD))

Sewage sludge; Water Control Board to notify owners of land of proposed land application site. Amending § 62.1-44.19:3. (Patron-Gilbert, HB 508 (CD))

Subaqueous bottomland; Virginia Institute of Marine Science and Virginia Marine Resources Commission to jointly study ways to better utilize those on seaside of State’s Eastern Shore. (Patron-Northam, SJR 330 (P))

Surface water and groundwaters; Water Control Board to impose penalty when failure to report water withdrawal. Amending § 62.1-44.38. (Patron-Bulova, HB 696 (CD))

Virginia Marine Resources Commission; permits for encroachment on subaqueous beds. Amending § 28.2-1207. (Patron-Knight, HB 1723 (Chapter 451))

Virginia Pollution Abatement Permit; inspection requirements. Amending § 62.1-44.15. (Patron-Scott, E.T., HB 1828 (Chapter 101); Ruff, SB 1298 (Chapter 52))

Virginia ports; requires approval of both Governor and General Assembly before any change in ownership is permitted. Amending § 62.1-132.19. (Patron-Purkey, HB 1635 (F))

Virginia Resources Authority; modifies provisions to conform to Public Finance Act. Amending §§ 62.1-199, 62.1-203, 62.1-209, and 62.1-216.1. (Patron-Colgan, SB 1309 (Chapter 616))

Virginia Resources Authority; renewable energy projects. Amending §§ 62.1-198 and 62.1-199. (Patron-Pollard, HB 2389 (Chapter 270))

Virginia Soil and Water Conservation Board; requires owners of dams to submit annual certifications each year by January 15. Amending §§ 10.1-605 and 10.1-605.1. (Patron-Hanger, SB 1456 (Chapter 323))

Virginia Water Protection Permit; fee exemption for U.S. Navy dredging projects. Amending § 62.1-44.15:6. (Patron-Cosgrove, HB 1649 (Chapter 87); Northam, SB 961 (Chapter 149))

Virginia Water Protection Permits; state agencies asked to review shall provide comments within 45 days of project notification. Amending §§ 62.1-44.15:5.01 and 62.1-44.15:20. (Patron-Morefield, HB 2519 (Chapter 829); Puckett, SB 1021 (Chapter 842))

Virginia Waterways Clean Up and Consumer Choice Act; paper and plastic bag fee. Adding §§ 58.1-1734 through 58.1-1737. (Patron-Ebbin, HB 2047 (F))

Wastewater treatment; State Water Control Board to develop policies eliminating wastewater discharges from sewage treatment facilities. Amending § 62.1-44.15. (Patron-Stuart, SB 1056 (F))

Water quality reports; consolidates several reports on progress in cleaning up State’s impaired waters. Amending §§ 10.1-2128.1 and 62.1-44.118. (Patron-Poindexter, HB 2058 (Chapter 245))

Wetland mitigation banks; removes references to an outdated map used to identify. Amending §§ 28.2-1308, 33.1-223.2:1, and 62.1-44.15:23. (Patron-Pollard, HB 2126 (Chapter 253))

Wetlands; requirement of individual or general Virginia Water Protection Permit. Amending § 62.1-44.15:21. (Patron-Knight, HB 1623 (F); Blevins, SB 885 (F))