Waters of the State, Ports and Harbors

P Passed

P HB814
Water Quality Improvement Act. Specifies minimum public participation requirements to be used in the development of guidelines describing eligibility requirements, priorities, and criteria for grants from the Water Quality Improvement Fund. The Director of the Department of Environmental Quality may, if he finds that sufficient funds are available in the Water Quality Improvement Fund for substantial and continuing progress in implementation of tributary plans, make grants from the Fund for purposes other than nutrient reduction at publicly owned treatment works. The bill also requires notice of proposed grant agreements to be given to those who request it. The bill adds "instructional education directly associated with the implementation or maintenance of a specific nonpoint source reduction initiative" to the nonexclusive list of the types of projects that may receive nonpoint funding.
Patron - Murphy

P HB1207
Poultry waste management. Requires the State Water Control Board to establish a regulatory program for poultry waste management. The program will require that growers with more than 200 animal units of poultry (about 20,000 chickens) obtain coverage under a general permit and have and implement nutrient management plans. The plans will limit poultry litter land application rates based on crop nutrient needs and crop nutrient uptake. The bill also requires commercial poultry growers to file plans with the Department of Environmental Quality detailing the ways in which they will provide assistance to the poultry growers with whom they contract to ensure that poultry waste is properly stored and managed and transported to areas where it can be used.
Patron - Murphy

P HB1859
Petroleum storage tank fee. Changes the threshold amount that has to be maintained in the Virginia Petroleum Storage Tank Fund before the fee on motor and heating fuels can be decreased. Currently, a fee of one-fifth of one cent on each gallon of various motor and home heating fuels is imposed on dealers and suppliers of these fuels. The fees collected are deposited in the Fund to be used in cleaning up spills from leaking aboveground and underground petroleum tanks. When the balance in the Fund is likely to or has fallen below $3 million, the fee is increased to three-fifths of one cent per gallon, until the Fund reaches $6 million, whereupon the fee reverts to one-fifth of one cent. This bill would keep the three-fifths of one cent fee in place until the Fund reaches $12 million (as opposed to the current $6 million trigger), at which time the fee would then be reduced to one-fifth of one cent per gallon.
Patron - Parrish

P HB1860
Oil facility financial assurance. Requires that operators of oil facilities annually demonstrate and maintain evidence of financial responsibility for containment and cleanup as may be required by regulations developed by the State Water Control Board. Provisions regarding the expiration of financial responsibility are deleted.
Patron - Parrish

P HB2014
Petroleum Storage Tank Fund fees. Clarifies who is liable to the Department of Motor Vehicles for the payment of fees on the sale of certain fuels. The fees are those which go to the Virginia Petroleum Storage Tank Fund.
Patron - Parrish

P HB2269
Public trust in subaqueous lands. Directs the Virginia Marine Resources Commission to exercise its authority, consistent with the public trust doctrine as established in common law, to protect the public right to the use and enjoyment of the subaqueous lands held in trust by the Commonwealth. Actions taken in conformance with the public trust are not to be considered an exercise of the police power. A provision clarifies that the amendment is not to be construed to deprive a landowner of any common law riparian rights.
Patron - Murphy

P HB2432
Virginia Water Facilities Revolving Fund. Allows loans to be made from the fund to private wastewater treatment facilities, if such loans are permitted by federal law.
The attached Governor's amendment is suggested. The amendment clarifies that loans can be made from the Fund for private wastewater treatment facilitates, if it is permitted by federal law. This language mirrors the new language which appears in § 62.1-225 of this bill.
Patron - Davies

P HB2574
Surface water management area voluntary agreements. Provides that voluntary agreements among water users in a surface water management area control in lieu of a permit issued by the State Water Control Board (SWCB) when the SWCB finds that the agreement complies with the surface water management area law. The bill requires the Board to hold a public hearing prior to approving the agreement and to become a party to the agreement. The public participation procedure for the amendment of such an agreement by the SWCB is changed from one under the Administrative Process Act to one that requires a public hearing. Notice for a public hearing must be provided 60 days in advance to the general public, to those withdrawing water and to recreational user groups, conservation organizations and fisheries management agencies. There is also a technical amendment.
Patron - Baskerville

P SB1147
Virginia Water Facilities Revolving Loan Fund. Allows the State Water Control Board to loan money from the Fund to an individual for the implementation of agricultural best management practices, to a local government which has developed a low-interest loan program to provide loans or other incentives to facilitate the implementation of agricultural best management practices, or to a financial institution working with a local government to establish such a program.
Patron - Hanger

P SB1310
Virginia Resources Authority. Allows the Virginia Resources Authority to provide other forms of credit enhancements not backed by the moral obligation of the Commonwealth; however, bonds issued by the Authority and local government obligations guaranteed by the Authority, which are secured by the Authority's current capital reserve fund and are backed by the moral obligation of the Commonwealth, would continue to be capped at $550 million.
Patron - Potts


F Failed

F HB1924
Confined swine feeding operations. Imposes a moratorium on the permitting and construction of such operations for the period between July 1, 1999, and July 1, 2001. Exceptions to the moratorium are provided for construction: (i) that will not increase the swine population at an existing operation; (ii) that will increase the swine population to the level for which the liquid manure collection and storage facility is designed; (iii) if the person undertaking the construction has, prior to July 1, laid a foundation for a component of the confined-animal feeding operation, entered into a contract for the construction, or been approved for a loan or line of credit to finance the construction and has obligated or expended funds; and (iv) for an animal waste management system that does not employ a waste lagoon.
Patron - Van Yahres

F HB2017
Virginia Port Authority; Board of Commissioners. Adds three members to the Board of Commissioners: one resident of Newport News, one resident of Norfolk, and one resident of Portsmouth, appointed by the respective city councils. The bill provides that the unexpired terms of current members of the Board shall not be affected.
Patron - Diamonstein

F HB2448
Confined animal feeding operations. Requires the owners of such operations that are required to obtain coverage under a general permit issued by the State Water Control Board to provide evidence of financial responsibility for closing the operation's liquid manure collection and storage system.
Patron - Van Yahres

F HB2727
Tributyltin standard. Modifies the water quality standard for tributyltin found in the State Water Control Board's regulations so that it may only be enforced by requiring the use of best management practices until the earlier of: (i) thirty months following the Board's publication of a water quality plan for the receiving water where the standard may be applied; (ii) 30 months following the development of water quality criteria by the United States Environmental Protection Agency for Tributyltin; or (iii) publication of a report following a 30-month pilot treatment project study by the Center for Advanced Ship Repair and Maintenance.
Patron - Jones, J.C.

F SB49
Water Quality Improvement Act. Specifies minimum public participation requirements to be used in the development of guidelines describing eligibility requirements, priorities, and criteria for grants from the Water Quality Improvement Fund. The Director of the Department of Environmental Quality may, if he finds that sufficient funds are available in the Water Quality Improvement Fund for substantial and continuing progress in implementation of tributary plans, make grants from the Fund for purposes other than nutrient reduction at publicly owned treatment works. The bill also requires notice of proposed grant agreements to be given to those who request it. The bill adds "instructional education directly associated with the implementation or maintenance of a specific nonpoint source reduction initiative" to the nonexclusive list of the types of projects that may receive nonpoint funding.
Patron - Bolling

F SB951
Virginia Port Authority. Requires that, beginning with persons appointed or reappointed on or after July 1, 1999, at least one person appointed to the Board of Commissioners of the Virginia Port Authority must be a resident of Portsmouth.
Patron - Quayle

F SB1268
Water permit fees. Removes the caps on the amount the State Water Control Board can charge for the processing of an application for the various types of water permits.
Patron - Ticer

F SB1292
Tributyltin standard. Modifies the water quality standard for tributyltin found in the State Water Control Board's regulations so that it is not effective until the earlier of 30 months following either the Board's publication of a water quality plan for the receiving water where the standard may be applied, or the development of water quality criteria by the United States Environmental Protection Agency for the substance.
Patron - Walker


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