CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

Conservation

P Passed

P HB283

Care of Confederate cemeteries and graves. Adds Cedar Grove Cemetery in Rockingham County, which maintains 68 Confederate graves, to the list of those entities receiving funds through the Department of Historic Resources for the care of such graves.

Patron - Weatherholtz

P HB600

Virginia Land Conservation Foundation. Requires the Foundation to establish grant criteria that includes provisions for making grants to localities for purchase of development rights programs and provides that at least one member of the Foundation's Board of Trustees shall be a farmer.

Patron - McQuigg

P HB615

Temporary forest wardens. Authorizes the State Forester to employ temporary forest wardens to extinguish fires in the Commonwealth.

Patron - Orrock

P HB698

State Treasurer as member of foundations. Removes the State Treasurer as a board member of the Virginia State Parks Foundation, the Virginia Land Conservation Foundation, the Virginia Outdoors Foundation, and the Assistive Technology Loan Fund Authority. He is to be replaced on each of these by the appointment of a citizen member. This bill is identical to SB 323.

Patron - Hargrove

P HB738

Open-space lands. Provides that the City of Virginia Beach (described by population) may, at the request of the owner of the fee of any land protected by an open-space easement or other interest in land purchased by the city, sell such interest to the fee owner for the current full market value of the interest without substituting other real property for the land converted or diverted, if (i) the conversion or diversion is determined by the city council to be essential to the orderly development and growth of the locality and in accordance with the city's current comprehensive plan, (ii) the city determines by ordinance that the open-space land converted or diverted is no longer needed for open-space purposes and that substitution of other real property is not feasible, and (iii) no state or federal funds were used in connection with the city's acquisition of such interest. Current law requires that, where a locality converts or diverts open-space land in which it has acquired an interest to another use, it must substitute other real property.

Patron - Suit

P HB757

Conservation; historical societies receiving appropriations; Kenmore Association, Inc. Changes the name of the entity receiving appropriations for the restoration and perpetuation of "Ferry Farm," George Washington's boyhood home, from Kenmore Association, Inc. to George Washington's Fredericksburg Foundation and provides that property held by George Washington's Fredericksburg Foundation shall be exempt from taxation.

Patron - Howell

P HB876

Federal dam safety inspection reports. Removes references to obsolete U.S. Army Corps of Engineers' dam safety inspection reports.

Patron - Ruff

P HB895

Small business environmental fund. Replaces restrictions on how much of the Small Business Environmental Compliance Assistance Fund can be used to pay the costs of administering the Fund, with a limitation that costs must be reasonable and necessary. Currently, administrative costs are limited to the lesser of actual costs incurred for the previous fiscal year or ten percent of the average balance during that year.

Patron - Cox

P HB945

Soil and water conservation dams. Establishes the Soil and Water Conservation District Dam Maintenance, Repair, and Rehabilitation Fund. The bill incorporates the existing Dam Maintenance and Repair Fund, which provides funding for minor repairs of soil and water conservation district dams, into a new fund that would also provide funds for major infrastructure repairs to Class I and Class II district dams. This bill is identical to SB 668.

Patron - Thomas

P HB959

Solid waste management; permits. Modifies the application requirements for a permit for a new or expanded municipal solid waste landfill when the owner and operator of the landfill is a public service authority of which the governing body of the locality in which the facility is located is a member. Currently, an applicant for a new or expanded municipal solid waste landfill must submit with its application a certification from the governing body of the locality in which the facility is to be located that an agreement regarding the operation of the facility has been reached between the applicant and the governing body. The existing statute provides that this certification is not required only when the governing body is to be the owner and operator of the landfill. The bill provides that such a certification also shall not be required when the owner and operator of the landfill is a public service authority of which the governing body is a member.

Patron - Keister

P HB981

Solid waste management facility permits. Requires that applications for permit amendments or variances allowing certain nonhazardous industrial waste facilities to expand contain the same information as is required for an application for a new solid waste management facility permit.

Patron - Ruff

P HB1022

Financial assurance for waste facilities. Prohibits the owner or operator of a solid waste facility from reliance on captive insurers, approved surplus line insurers and risk retention groups as a means of assuring that he will have the financial capacity to properly close and care for the site after closure.

Patron - Dillard

P HB1023

Financial responsibility for solid waste management facilities. Requires the Virginia Waste Management Board to include facilities receiving solid waste from a ship, barge or other vessel in regulations which ensure that, if a solid waste management facility is abandoned, the costs associated with protecting the public health and safety from the consequences of such abandonment may be recovered from the person abandoning the facility.

Patron - Dillard

P HB1095

Real property; lease of Commonwealth lands. Authorizes the Department of Conservation and Recreation to lease a parcel of land located on Smith Mountain Lake in Franklin County for a term of 30 years, renewable for three additional 30-year terms, to Franklin County for public recreational use.

Patron - Dudley

P HB1164

Virginia Land Conservation Foundation. Increases the number of members of the Foundation's Board of Trustees so that there will be one per congressional district, plus the Secretary of Natural Resources and six members appointed from the Commonwealth at large. Allocations of money in the Virginia Land Conservation Fund, which is administered by the Foundation, are altered so that 25 percent of the money in the fund will be transferred to the Open-space Lands Preservation Trust Fund. The Board of Trustees is directed to seek assistance in developing grant criteria from a task force consisting of natural resources agency heads. The State Treasurer is removed from the Board. The bill also clarifies that the Foundation may provide direct (rather than matching) grants to state agencies, transfer lands to other entities that will hold them for conservation purposes, and dispose of money or other property given or bequeathed to it. If a private entity acquires an interest in land as a result of a grant or transfer from the Foundation, the interest must be held jointly by the private entity and a government entity. Up to $250,000 per year of the interest generated by the Fund may be used for the Foundation's administrative expenses. The Department of Conservation and Recreation is directed administer Foundation lands, and state agencies are directed to cooperate with the Foundation. The bill also directs the Foundation to attempt to achieve a fair geographic distribution of lands protected.

Patron - Albo

P HB1228

Landfill closure. Requires disposal areas of landfills that are not equipped with liner and leachate control systems meeting the current requirements of Waste Management Board regulations to be closed by 2020.

Patron - McEachin

P HB1307

Agricultural Stewardship Act. Requires that measures required to control agricultural water pollution be maintained by the owner or operator of the subject property and gives the Commissioner of Agriculture and Consumer Services discretion to choose the time when the farmer will be required to begin and complete implementation of such measures. The bill also allows informal fact-finding conferences rather than formal hearings to be used and clarifies the manner in which various requirements of the Act may be enforced through corrective orders and court orders.

Patron - Orrock

P HB1324

Open-Space Lands Preservation Trust Fund. Allows grants from the Fund to be made to aid localities in acquiring open-space easements. Currently, grants may only be made to persons conveying conservation easements to the Virginia Outdoors Foundation and a local co-holder. The bill also allows up to $100,000 per year of any interest generated by the Fund to be used for the Foundation's administrative expenses, removes the requirement that interests in open-space lands acquired by public bodies must be located in urban areas, and adds a definition of "open-space easement." The definition of open-space easement is identical to the Code's current definition of conservation easement, except that an open-space easements may be held by government entities, while conservation easements are held by private charitable entities.

Patron - Albo

P HB1326

Conservation easements. Allows a charitable entity that does not meet the requirements of the Virginia Conservation Easement Act to hold a conservation easement if the easement is co-held by another charitable entity that does meet the requirements.

Patron - Almand

P SB161

Property exchange. Authorizes the Department of Conservation and Recreation to convey approximately one acre of land on the southeast boundary of Pocahontas State Park to Woodland Pond, which would, in exchange, convey approximately one acre of land of equal or greater economic and recreational value in the same area to the Department.

Patron - Watkins

P SB237

Historical societies and foundations. Updates the list of historical societies and foundations receiving appropriations to reflect the change in the entity aiding in the restoration and perpetuation of "Ferry Farm," George Washington's boyhood home, from Kenmore Association, Inc. to George Washington's Fredericksburg Foundation. This bill is identical to HB757 except that HB757 also provides that property held by George Washington's Fredericksburg Foundation shall be exempt from taxation.

Patron - Chichester

P SB323

State Treasurer as member of foundations. Removes the State Treasurer as a board member of the Virginia State Parks Foundation, the Virginia Land Conservation Foundation, the Virginia Outdoors Foundation, and the Assistive Technology Loan Fund Authority. He is to be replaced on each of these Boards by the appointment of a citizen member. This bill is identical to HB898.

Patron - Wampler

P SB459

Rappahannock River Basin Commission. Repeals the sunset clause that would have terminated the Commission on July 1, 2000.

Patron - Houck

P SB668

Soil and water conservation dams. Establishes the Soil and Water Conservation District Dam Maintenance, Repair, and Rehabilitation Fund. The bill incorporates the existing Dam Maintenance and Repair Fund, which provides funding for minor repairs of soil and water conservation district dams, into a new fund that would also provide funds for major infrastructure repairs to Class I and Class II district dams. This bill is identical to HB 945.

Patron - Hanger

F Failed

F HB659

Redeemable beverage containers. Requires that all beverage containers sold in Virginia have a redemption value of at least 10 cents. Dealers and redemption centers are required to pay redeemers who return such containers to them the redemption value printed on the container. Distributors are required to pick up these redeemed containers from dealers and redemption centers and pay them the redemption value printed on each container plus a handling fee of two cents per container. By March 1, 2002, and by March 1 of each year thereafter, distributors are required to (i) file annual reports with the Department of Taxation indicating the total value of redemption fees collected and redemptions paid out during the previous calendar year and (ii) forward to the Department of Taxation that amount of money by which redemption fees collected exceeded redemptions paid out. After deducting its expenses incurred in administering the reporting and collecting procedures of this program, the Department of Taxation is required to pay the remaining revenues collected into the state treasury to the credit of the newly established Unredeemed Container Fund, which will be administered by the Department of Environmental Quality. The revenues remaining in the Unredeemed Container Fund are to be released annually and placed in the newly established Virginia Recycling Trust Fund, which is also to be administered by the Department of Environmental Quality. Moneys placed in the Virginia Recycling Trust Fund are to be expended by the Department of Environmental Quality for purposes of improving waste management and recycling efforts in the Commonwealth, and may be paid out in the form of direct or matching grants to localities for their waste management and recycling programs. Violations of the bill's provisions are punishable by civil penalties of not less than $100 nor more than $1,000. All civil penalties collected are to be placed in the Virginia Recycling Trust Fund. The bill will become effective on January 1, 2001.

Patron - Deeds

F HB713

Management of Virginia's natural resources. Expresses the goals of the General Assembly regarding the future management of Virginia's natural resources. Includes goals for resource-based industries; air and water quality; needs for monitoring, evaluation, and enforcement of environmental protection measures; land use, economic development and transportation; open space and recreational needs; waste management; the state's governing structure; and the Chesapeake Bay Agreements. This is a recommendation of the Commission on the Future of Virginia's Environment.

Patron - Plum

F HB1290

Definition of recycling. Expands the definition of recycling to include the composting of tree branches or stumps, leaves, brush, logs, or the like. Under this definition of recycling in this manner, such composting operations would not require a permit from the Department of Environmental Quality. The recycling definition would only apply to composting operations of this type if (i) all foreign matter that might be mixed with the natural materials is immediately removed at the point of delivery to the site and (ii) the resultant compost material will only be used to assist agriculture or forestry on land that is owned or leased by the person doing the composting. The composting operation would be required to abide by all water quality laws and regulations.

Patron - Black

F HB1323

Virginia Land Conservation Foundation. Alters allocations of money in the Virginia Land Conservation Fund, which is administered by the Foundation. The bill also clarifies that the Foundation may provide direct (rather than matching) grants to state agencies, transfer lands to other entities that will hold them for conservation purposes, and dispose of money or other property given or bequeathed to it. If a private entity acquires an interest in land as a result of a grant or transfer from the Foundation, the interest must be held jointly by the private entity and a government entity. Up to $250,000 per year of the interest generated by the Fund may be used for the Foundation's administrative expenses. The Department of Conservation and Recreation is directed to administer Foundation lands, and state agencies are directed to cooperate with the Foundation. This bill was incorporated into HB 1164.

Patron - Albo

F SB290

Renaming state park. Changes the name of Mason Neck State Park to Joseph V. Gartlan, Jr. State Park.

Patron - Puller

C Carried Over

C HB249

Financial assurance for solid waste facilities. Directs the Waste Management Board, when promulgating regulations to ensure that owners and operators have the financial capacity to properly operate and close a solid waste facility, to require the owners and operators to pass a test of financial viability and deposit funds into an escrow account as a means of ensuring the availability of adequate funds to properly operate and care for the site when the facility is closed. The owner of the facility, in lieu of a test of financial viability and the establishment of an escrow account, may establish proof of financial assurance by using such mechanisms as surety bonds, certificates of deposit, securities, letters of credit, trust fund agreements and commercial insurance. The financial assurance requirement also includes the requirement that the owners and operators have the ability to pay for the cleanup of any facility-related pollution event. The regulations also will require the facility's owner to maintain pollution liability coverage for claims made by third parties by using commercial insurance or other financial instruments authorized by the Board.

Patron - Dillard

C HB590

Conservation easements. Requires that when localities purchase conservation easements, public access to the land subject to the easement is allowed.

Patron - Black

C HB712

Virginia Natural Resources Policy Act. Creates the Virginia Natural Resources Policy Act. The Act repeals the existing Environmental Impact Statement review process (which applies to state projects using $100,000 in state funds) and replaces it with a natural resource impact review process, which applies to actions utilizing $500,000 or more of state-provided funds for the acquisition of an interest in land; for the construction of any new facility; or for the improvement, expansion, support or maintenance of an existing facility. Policies against which such actions are to be judged are expressed. The Virginia Natural Resources Council is created to review the natural resource impact reports and provide comment to the Governor. State funds are not to be disbursed for actions reviewable by the Council without the Governor's approval following his review of the Council's comments. Among the Council's other duties are to (i) foster the coordination and implementation of natural resource policies; (ii) biennially produce a report that includes a review of the state of the Commonwealth's natural resources; (iii) assist localities, when requested, in the evaluation of actions with potential natural resource impacts; and (iv) provide staff support to meetings that are to be held at least quarterly by the Secretaries and other members of the Governor's cabinet. The cabinet-level meetings are to review programs, policies and major initiatives to (a) identify conflicts with natural resource preservation efforts and the purposes and policies set forth in the Act; (b) evaluate the natural resource benefits and burdens of each Secretariat's programs, policies and initiatives, including the expenditure of state funds; and (c) develop planning, coordination and policy decisions to achieve the purposes and policies of the Act, including measures to utilize state funding in a manner that preserves and protects the Commonwealth's natural resources. This is a recommendation of the Commission on the Future of Virginia's Environment.

Patron - Plum

C HB791

Voluntary remediation of contaminated properties. Expands the voluntary remediation program for properties owned by local governments. This bill eliminates the requirement that local governments pay registration fees when voluntarily remediating its properties. The bill also creates the Virginia Voluntary Remediation Fund, which would provide grants to local governments to help encourage remediation of contaminated properties.

Patron - Deeds

C HB930

Regulated medical waste. Defines regulated medical waste and requires the Virginia Waste Management Board to promulgate regulations that limit the extent to which physicians' offices, patients' homes and other nonhospital facilities must comply with medical waste treatment requirements. The regulations may not require that sharps be treated prior to disposal if they are packaged in containers that are rigid and meet other requirements.

Patron - Deeds

C HB1025

Reporting of solid waste information. Requires the Department of Environmental Quality (DEQ) to report quarterly the amount of solid waste disposed of in Virginia. Currently, the Department reports on the amount of solid waste annually. The report would include the volume and weight of additional categories of solid waste such as industrial waste, regulated medical waste, vegetative and yard waste, white goods, friable asbestos, and petroleum-contaminated soil. The information in the report would be provided electronically. The bill also requires that the reports that permitted facilities submit to DEQ will now include the amount of fees paid by the facilities to their host communities, broken down by the type of solid waste being disposed.

Patron - Dillard

C HB1217

Department of Environmental Quality; environmental laboratory certification programs. Directs the Department of Environmental Quality (DEQ) to establish two environmental certification programs: one for laboratories conducting tests, analyses, measurements, or monitoring required by Virginia's environmental laws, and another program in accordance with the accreditation standards of the National Environmental Laboratory Accreditation Conference (NELAC) for laboratories that routinely provide testing services for customers. Under the terms of the bill, DEQ must (i) establish fee schedules to offset the costs of administering these two certification programs, (ii) adopt emergency regulations for implementation of the NELAC-based program, and (iii) report on or before December 1, 2001, to the Governor and the General Assembly on its progress in developing and implementing both programs. This report must identify the fee categories established to support these programs and the adequacy of those fees. The bill also establishes a State Laboratory Certification Fund and repeals a section that required the Division of Consolidated Laboratory Services to establish a laboratory certification program.

Patron - Parrish

C SB286

Motor vehicle safety inspections at landfills. Makes the presence of a State Police-approved motor vehicle safety inspection station a prerequisite for issuance of any permit for the operation of any sanitary landfill. All commercial vehicles must pass an inspection at these stations prior to entering the landfill, regardless of when they were last inspected. Inspectors are charged with giving tickets to drivers of vehicles found to be in violation of any portion of Title 46.2 (Motor Vehicles) relating to defective, inadequate, improper, or missing equipment. Landfill permit holders are held responsible for use of the landfill by commercial vehicles that either have not been inspected or have failed the inspection. Each such violation constitutes a separate offense, punishable by a civil penalty up to $25,000.

Patron - Byrne

C SB704

Collection of used oil, oil filters, and anti-freeze. Requires the Department of Environmental Quality (DEQ) to create, maintain, and promote a toll-free "hot-line" number and Internet web site where information would be available as to collection sites accepting used motor oil, oil filters and anti-freeze. The bill also requires DEQ to provide merchants who sell motor oil at the retail level with signs that contain the toll-free number and Internet web site address.

Patron - Ticer

C SB712

Department of Environmental Quality; environmental laboratory certification programs. Directs the Department of Environmental Quality (DEQ) to establish two environmental certification programs: one for laboratories conducting tests, analyses, measurements, or monitoring required by Virginia's environmental laws, and another program in accordance with the accreditation standards of the National Environmental Laboratory Accreditation Conference (NELAC) for laboratories that routinely provide testing services for customers. Under the terms of the bill, DEQ must (i) establish fee schedules to offset the costs of administering these two certification programs, (ii) adopt emergency regulations for implementation of the NELAC-based program, and (iii) report on or before December 1, 2001, to the Governor and the General Assembly on its progress in developing and implementing both programs. This report must identify the fee categories established to support these programs and the adequacy of those fees. The bill also establishes a State Laboratory Certification Fund and repeals a section that required the Division of Consolidated Laboratory Services to establish a laboratory certification program.

Patron - Watkins

C SB720

Solid waste management facilities. Requires the Virginia Waste Management Board to take into consideration whether there is a bond or other financial assurance when promulgating regulations pertaining to financial responsibility for abandoned facilities.

Patron - Mims