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2022 SESSION
22106105DBe it enacted by the General Assembly of Virginia:
1. That §§ 2, 3, and 4 of Chapter 634 of the Acts of Assembly are amended and reenacted as follows:
§ 2. Any such owner or operator of a CSO system shall:
A. By July 1, 2022, initiate construction and related activities pursuant to the interim plan required in subsection A of § 1;
B. By July 1, 2025 2024, initiate construction
and related activities pursuant to the final plan required in subsection B of §
1;
C. By July 1, 2027 2026, complete construction
and related activities pursuant to the interim plan required in subsection A of
§ 1;
D. By July 1, 2030 2028, identify any additional
action that is applicable to the owner or operator of a CSO system and is
necessary to meet, by 2036 2030, the requirements of the total
maximum daily load (TMDL) for bacterial impairments of the James River and its
tributaries in the Richmond area, as described in the implementation plan for
such TMDL issued by the Department in 2011; and
E. By July 1, 2035 2030, complete construction
and related activities pursuant to the final plan required in subsection B of §
1.
§ 3. Any such owner or operator of a CSO system shall report
annually to the Department on its progress pursuant to § 1 and § 2, with the
first annual report due no later than December 1, 2020, and the final annual
report due after completion of (i) the construction activities pursuant to the
final plan required in subsection B of § 1 and (ii) additional actions
identified in subsection D of § 2. The report, which may be included as part of
any annual report required under a consent special order issued by the
Department to the owner or operator regarding the CSO system, shall include
information on the level and sources of funding and financing such owner or
operator has applied to the CSO system in each of the past five fiscal years
and its impact on ratepayers, particularly economically disadvantaged
ratepayers, as well an assessment of funding needs in future years,
including the projected impact of funding needs on ratepayers, particularly
economically disadvantaged ratepayers, with a request that appropriation
appropriations for non-matching grant amounts sufficient to carry out the
purposes of this act be included in the budget bill. No later than January
September 1 of each year, the Department shall transmit, with any
additional information the Director of the Department determines to be
appropriate, the CSO system progress reports to the Chairmen of the Senate
Committee on Finance and Appropriations, the Senate Committee on Agriculture,
Conservation and Natural Resources, the House Committee on Appropriations, and
the House Committee on Agriculture, Chesapeake and Natural Resources; the
Virginia delegation to the Chesapeake Bay Commission; the Secretary of Natural
Resources; and the Governor; and the chief administrative officer of
the owner or operator. The Department may recommend extending the deadlines
in § 2 to allow adaptive management by the owner or operator due to a natural
disaster or other act of God, or because of a lack of available funding
and financing, or because of an adverse impact on ratepayers, particularly
economically disadvantaged ratepayers.
§ 4. The Governor shall take into account the reports required
in § 3 during the preparation of the biennial budget bill and subsequent
amendments thereto. The General Assembly may take such reports into account in
enacting the general appropriation act and may evaluate the feasibility of the
deadlines in § 2 on a biennial basis beginning in 2022 and modify such
deadlines as necessary, taking into account any potential adverse effects on
(i) the owner's or operator's bond rating; (ii) the utility rates, fees, or
charges assessed by the owner or operator; (iii) any environmental justice
community, or owner's or operator's customers living below the federal poverty
level; or (iv) any other relevant aspect of the owner's or operator's
operations. No sooner than July 1, 2025 2024, and no more
frequently than every two years thereafter, the owner or operator may petition
the Board for, and the Board may shall grant, an extension to one
or more of the deadlines in § 2 if the Board determines that (a) the General
Assembly has not extended such deadline and (b) funding state or
federal grant funding in an amount sufficient to meet such deadline
without an adverse impact on ratepayers, particularly economically
disadvantaged ratepayers, has not been secured and the owner or operator
has exhausted all reasonable options for securing such funding.