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2020 SESSION
SB 769 Environmental proceedings; findings of fact.
Introduced by: Bryce E. Reeves | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Environmental proceedings; findings of fact. Directs the Department of Environmental Quality (DEQ) to give deference to findings of fact by a presiding officer based on the evidence presented in any formal proceeding where the parties are operating under a consent decree. The bill directs a court to give deference to a factual recommendation by a hearing officer, and creates a rebuttable presumption with respect to such facts. The bill requires that the Director of the Department give the factual and legal basis for the decision to revoke or amend a solid waste management permit.
The bill also directs a court, hearing any decision on review for a formal proceeding initiated prior to July 1, 2020, in which DEQ rejected a recommendation from a hearing officer or presiding officer and for which a final adjudication has not been rendered, to remand the proceeding to establish the findings of fact by a presiding officer explicitly based on the evidence presented at the hearing and to establish the factual and legal basis for the decision prior to rendering such final adjudication.
FULL TEXT
- 01/08/20 Senate: Prefiled and ordered printed; offered 01/08/20 20104943D pdf | impact statement
- 02/04/20 Senate: Committee substitute printed 20107726D-S1 pdf
HISTORY
- 01/08/20 Senate: Prefiled and ordered printed; offered 01/08/20 20104943D
- 01/08/20 Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
- 02/04/20 Senate: Committee substitute printed 20107726D-S1
- 02/04/20 Senate: Reported from Agriculture, Conservation and Natural Resources with substitite (15-Y 0-N)
- 02/06/20 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/07/20 Senate: Read second time
- 02/07/20 Senate: Reading of substitute waived
- 02/07/20 Senate: Committee substitute agreed to 20107726D-S1
- 02/07/20 Senate: Engrossed by Senate - committee substitute SB769S1
- 02/07/20 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/07/20 Senate: Passed Senate (39-Y 0-N)
- 02/13/20 House: Placed on Calendar
- 02/13/20 House: Read first time
- 02/13/20 House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
- 02/13/20 House: Assigned ACNR sub: Chesapeake
- 02/24/20 House: Subcommittee recommends laying on the table (5-Y 3-N)
- 03/03/20 House: Left in Agriculture, Chesapeake and Natural Resources