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2016 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chairman: Richard H. Stuart

Clerk: Maribeth Lacy
Staff: Martin Farber, Scott Meacham
Date of Meeting: February 4, 2016
Time and Place: Thursday, 1/2 hour after adjournment, Senate Room B

S.B. 314 Acquisition of nutrient offset credits.

Patron: Dance

Acquisition of nutrient offset credits. Allows a new or expanding facility registered under the Watershed General Permit to acquire nutrient offset credits, on land located in the same tributary as the facility, on which best management practices have been implemented that would achieve reductions greater than those currently required by federal or state law or the Chesapeake Bay TMDL Watershed Implementation Plan. The bill provides that any such acquisition is subject to approval by the State Water Control Board. The bill also enables an applicant under the Watershed General Permit to join the Virginia Nutrient Credit Exchange Association.

A BILL to amend and reenact §§ 62.1-44.19:15 and 62.1-44.19:17 of the Code of Virginia, relating to the Chesapeake Bay Watershed Nutrient Credit Exchange Program.

16101628D

S.B. 484 Stormwater management regulations; water quality and quantity design criteria.

Patron: DeSteph

Stormwater management regulations; water quality and quantity design criteria; unenforceable unless amended. Prohibits the enforcement of any design criterion concerning water quality or quantity contained in Part II B of the stormwater management regulations until the State Water Control Board amends the design criteria to bring them up to date, correct the errors they contain, and coordinate them with the rest of the stormwater management regulations. Until the regulations are reissued, the design criteria contained in Part II C shall apply instead.

A BILL to make certain stormwater design criteria concerning water quality and quantity unenforceable unless updated, corrected, and coordinated with other regulations.

16102418D

S.B. 537 Coal combustion by-product impoundments; closure requirements.

Patron: Surovell

Coal combustion by-product impoundments; closure requirements. Directs the Department of Environmental Quality to require the closure of surface impoundments of coal combustion by-products, commonly called coal ash ponds, by July 1, 2020. The bill applies to impoundments that managed such by-products from the generation of electricity by an electric utility or independent power producer prior to December 4, 2015, including those impoundments that, prior to December 4, 2015, have been closed by capping in place or have received Department approval for closure by capping in place. The bill requires that the coal combustion by-products be removed for disposal in a permitted landfill meeting federal criteria, and that the impoundment site be reclaimed in a manner consistent with federal mine reclamation standards, for closure to be deemed complete. The bill allows an investor-owned public electric utility to recover the costs of closure from customers.

A BILL to amend the Code of Virginia by adding in Article 2.1 of Chapter 14 of Title 10.1 a section numbered 10.1-1413.3, relating to coal combustion by-product impoundments; closure requirements.

16100920D

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

Patron: DeSteph

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.

A BILL to request approval of dredging as a creditable practice, assignment of TMDL credits.

16101473D

S.B. 571 Commonwealth Resilience Fund; established.

Patron: McEachin

Regional Greenhouse Gas Initiative; Commonwealth Resilience Fund established. Requires the Governor to join the Regional Greenhouse Gas Initiative that established a regional CO2 electric power sector cap and trade program and establishes the Commonwealth Resilience Fund, a revolving fund to serve as a consistent revenue stream to assist counties, cities, and towns with the implementation of adaptation efforts to combat sea level rise and recurrent flooding. The bill also provides economic development assistance for families, businesses, and localities in Southwest Virginia to offset negative economic impacts associated with reduced fossil fuel production.

A BILL to establish a statewide funding source to affected localities for flood resilience by joining the regional greenhouse gas initiative. 

16103863D

S.B. 581 Discharge of deleterious substance into state waters; notice.

Patron: McEachin

Discharge of deleterious substance into state waters; notice. Requires any person who unlawfully discharges any deleterious substance into state waters to notify the State Water Control Board (the Board), the Department of Environmental Quality (the Department), or the coordinator of emergency services of the affected locality within 12 hours. Current law allows such a person 24 hours to give notice. The bill also requires that written notice follow to the Board, in addition to the Department, and specifies that the required report of potentially detrimental discharges by the Board or the Department to local newspapers, television stations, and radio stations be provided to such media outlets as soon as practicable after receiving it.

A BILL to amend and reenact §§ 62.1-44.5 and 62.1-44.19:6 of the Code of Virginia, relating to discharges into state waters; reporting.

16102719D

S.B. 598 Erosion and sediment control; compliance with stormwater management program.

Patron: DeSteph

Erosion and sediment control; stormwater management program. Clarifies that certain flow rate capacity and velocity requirements for plans approved on and after July 1, 2014, shall be satisfied by compliance with Virginia Stormwater Management Program (VSMP) Permit Regulations where the land-disturbing activity is conducted in accordance with extended permit coverage regulations.

A BILL to amend and reenact § 62.1-44.15:52 of the Code of Virginia, relating to erosion and sediment control; stormwater management.

16102415D

S.B. 643 U. S. Department of the Interior; monitoring by VMRC, Assateague Island National Seashore.

Patron: Lewis

U.S. Department of the Interior; monitoring by VMRC; Assateague Island National Seashore. Directs the Virginia Marine Resources Commission to monitor any effort by the U.S. Department of the Interior to expand federal jurisdiction regarding fishing or shellfish harvesting in the waters adjoining the Assateague Island National Seashore and to seek to preserve the right and ability of Virginia watermen to use such waters.

A BILL to direct the Marine Resources Commission to monitor efforts of the U.S. Department of the Interior; Assateague Island National Seashore; jurisdiction.

16103604D

S.B. 651 Animal control officers; training.

Patron: Cosgrove

Animal control officers; training. Requires animal control officers hired on or after July 1, 2017, to complete a basic animal control course within one year after the date of hire. Current law requires completion of such training course within two years after the date of hire.

A BILL to amend and reenact § 3.2-6556 of the Code of Virginia, relating to animal control officers; training.

16103320D

S.B. 673 Erosion & Stormwater Mgmt. Act; consolidation of programs; opt-out for certain localities;penalty.

Patron: Hanger

Virginia Erosion and Stormwater Management Act; consolidation of programs; opt-out for certain localities; penalties. Combines existing statutory programs relating to soil erosion and stormwater management, directing the State Water Control Board (the Board) to permit, regulate, and control both erosion and stormwater runoff.

The bill requires any locality that operates a municipal separate storm sewer system (MS4) or a Virginia Stormwater Management Program (VSMP) to adopt a Virginia Erosion and Stormwater Management Program (VESMP) that regulates any land-disturbing activity that disturbs an area of 10,000 square feet or more, or 2,500 square feet or more if in a Chesapeake Bay Preservation Area. A locality that lacks an MS4 and for which the Department of Environmental Quality (DEQ) is currently administering a VSMP is required to (i) adopt such a VESMP, (ii) adopt such a VESMP with DEQ conducting plan review and making recommendations on the compliance of each plan with technical criteria, or (iii) continue to operate a separate Virginia Erosion and Sediment Control Program (VESCP) that regulates any disturbance of 10,000 square feet or more and, in a Preservation Area, regulates a disturbance of 2,500 square feet or more and meets certain other requirements. Any eligible locality that chooses the third option is to have a VSMP administered on its behalf by the Board for any land-disturbing activity that disturbs one acre or more of land, including an activity that disturbs a smaller area but is part of a larger development that results in a disturbance of one acre or more. Towns are afforded additional options in relation to the counties in which they are located.

The bill directs certain charges or penalties to the Stormwater Local Assistance Fund, which provides matching grants to local governments for stormwater best management practices. Finally, the bill directs DEQ to evaluate fees related to the consolidated Virginia Erosion and Stormwater Management Program and directs the Board to adopt regulations to carry out the purposes of the bill, delaying the effective date of the bill until the later of July 1, 2017, or 30 days after the adoption of such regulations.

A BILL to amend and reenact §§ 10.1-2500, 15.2-2403.3, 62.1-44.3, 62.1-44.5, 62.1-44.15, 62.1-44.15:24, 62.1-44.15:25, 62.1-44.15:27, 62.1-44.15:28, 62.1-44.15:29, 62.1-44.15:30, 62.1-44.15:31, 62.1-44.15:33, 62.1-44.15:34, 62.1-44.15:35, 62.1-44.15:37, 62.1-44.15:39, 62.1-44.15:40, 62.1-44.15:41, 62.1-44.15:46, 62.1-44.15:48 through 62.1-44.15:55, 62.1-44.15:57, 62.1-44.15:58, 62.1-44.15:60, 62.1-44.15:62 through 62.1-44.15:65, 62.1-44.15:69, 62.1-44.15:74, 62.1-44.19:22, 62.1-44.22, 62.1-44.23, 62.1-44.25, 62.1-44.26, 62.1-44.29, 62.1-44.31, and 62.1-44.32 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 62.1-44.15:25.1, 62.1-44.15:27.1, 62.1-44.15:29.1, and 62.1-44.15:51.1; and to repeal §§ 62.1-44.15:26, 62.1-44.15:32, 62.1-44.15:36, 62.1-44.15:38, 62.1-44.15:42 through 62.1-44.15:45, 62.1-44.15:47, 62.1-44.15:56, 62.1-44.15:61, and 62.1-44.15:71 of the Code of Virginia, relating to State Water Control Law, Erosion and Sediment Control Law, and Chesapeake Bay Preservation Act.

16104330D

S.B. 691 Industrial hemp; lawful production.

Patron: Chafin

Production of industrial hemp. Clarifies that it is lawful for a person with a license to manufacture industrial hemp products or engage in scientific, agricultural, or other research involving the applications of industrial hemp and that no person shall be prosecuted for the possession, cultivation, or manufacture of industrial hemp plant material or products. The current law authorizes the Board of Agriculture and Consumer Services to adopt regulations necessary to license persons to grow industrial hemp or administer a research program. The bill requires the Board to adopt regulations as necessary to license persons to grow and process industrial hemp for any lawful purpose and requires the Commissioner of Agriculture and Consumer Services to establish a licensure program, with a maximum license fee of $250.

A BILL to amend and reenact §§ 3.2-4113 and 3.2-4117 of the Code of Virginia, relating to the production of industrial hemp.

16104561D

S.B. 726 Erosion and sediment control plans; utility company projects.

Patron: Edwards

Erosion and sediment control plans; utility company projects. Clarifies that the permission given to utility companies to file annually general erosion and sediment control standards and specifications with the Department of Environmental Quality does not apply to a project that disturbs 50 acres of land or more in any one locality. A utility company undertaking such a project will be required to file a project-specific plan.

A BILL to amend and reenact § 62.1-44.15:55 of the Code of Virginia, relating to erosion and sediment control plan; utility company projects.

16103811D

S.B. 743 Division of Energy; state certifying authority.

Patron: Wagner

Division of Energy; state certifying authority. Adds to the duties of the Division of Energy of the Department of Mines, Minerals and Energy the duty of serving as the state certifying authority in determining conformity with state requirements for abatement or control of water or atmospheric pollution or contamination for the production of solar energy for projects of five megawatts or less and for the production of coal, oil, and gas.

A BILL to amend and reenact §§ 45.1-390 and 58.1-3660 of the Code of Virginia, relating to the Department of Mines, Minerals and Energy; Division of Energy; powers and duties.

16104021D