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Conservation

P Passed

P HB1643

Care of Confederate Cemeteries and Graves. Adds the Floyd Webb Cemetery in Carroll County, which maintains 16 Confederate graves, to the list of those entities receiving funds from the Department of Historic Resources for the care of such graves.
Patron - Jackson

P HB1687

Virginia Conservation Land Foundation; expenditure of funds for natural area protection. Removes the requirement that a holder or public body must be in existence and operating in Virginia for more than five years in order to qualify for a matching grant for the protection of a natural area from the Virginia Land Conservation Fund. This bill is identical to SB 1012.
Patron - Diamonstein

P HB1873

Voluntary remediation of contaminated properties. Expands the voluntary remediation program for properties owned by local governments. The bill (i) eliminates the requirement that local governments pay registration fees when voluntarily remediating their properties, (ii) creates the Virginia Voluntary Remediation Fund, which would provide grants to local governments to help encourage remediation of contaminated properties, and (iii) provides that loans may be made to local governments from the Virginia Water Facilities Revolving Fund for the remediation of contaminated properties to reduce ground water contamination. The provisions of the bill with respect to registration fees and the creation of the Voluntary Remediation Fund will not become effective unless funds are appropriated in the 2001, 2002, 2003 or 2004 budgets to carry out those provisions.
Patron - Deeds

P HB1875

Open burning. Allows prescribed burns throughout the day during the period February 15 through March 1 when such burns are conducted to (i) control exotic and invasive plants, (ii) establish and maintain wildlife habitat, or (iii) manage natural heritage resources. The current law limits open burning to between 4:00 p.m. and midnight from February 15 through April 30. However, in order to be exempted from the current law, the burn has to be conducted in accordance with a prescription or approved burning plan and managed by a certified burn manager.
Patron - Deeds

P HB2077

Soil and Water Conservation District boards; designation of chairman. Requires that directors of soil and water conservation districts designate a chairman from the elected members, or from the Virginia Soil and Water Conservation Board-appointed members, of the district board. Currently, there is no explicit requirement that the chairman be chosen from those district board members.
Patron - Plum

P HB2149

State parks. Authorizes the Department of Conservation and Recreation to assess a $25 civil penalty to persons who (i) enter or attempt to enter a state park without paying the fees for use of the park's facilities or (ii) park in prohibited areas of the park. The money paid in civil penalties is to be deposited into the state park system's Conservation Resources Fund.
Patron - Dillard

P HB2165

Certain historic properties; notification prior to sale. Requires any charitable or civic organization or museum with tax exempt status under § 501 (c) (3) of the Internal Revenue Code that owns certain historic properties open to the public as historic attractions at least 100 days per year to notify in writing the chief administrative officer of the locality where the property is located, the Department of Historic Resources and the Office of Attorney General of its intent to sell or transfer ownership of the property. Such notification must be given at least 90 days prior to the public offering the property for sale or, if no public offering is made, prior to accepting a purchase offer for such property. The notification requirement is waived where (i) only a portion of the property is being sold or transferred and the portion not sold or transferred remains open to the public at least 100 days a year; (ii) the property is transferred to another owner with tax exempt status and the property remains open to the public at least 100 days a year; or (iii) an easement, right-of-way, or leasehold interest is being sold or transferred and the property remains open to the public at least 100 days a year. Failure to provide notice will not automatically invalidate the sale, but may subject the terms of the sale to special review by the Attorney General to ensure that there was no violation of any public law or charitable trust obligation by the transferring entity.
Patron - Van Landingham

P HB2177

Staunton Scenic River. Extends the segment of the Staunton River that has been designated a state scenic river from 10.8 miles to 40.5 miles.
Patron - Bennett

P HB2278

Care of Confederate Cemeteries and Graves. Replaces the Sons of Confederate Veterans, Oakwood Committee, with the Oakwood Confederate Cemetery Trust, Inc., as the organization to receive funds from the Department of Historic Resources for the care of Oakwood Cemetery in the City of Richmond. The bill also specifies 2,294 as the number of Confederates located in the cemetery.
Patron - Barlow

P HB2302

Littering in state parks. Imposes a civil penalty of up to $250 on any person who improperly disposes of litter in a Virginia state park. The proceeds collected from civil penalties will be deposited into the Conservation Resources Fund to help maintain the state parks.
Patron - Amundson

P HB2330

Enforcement in federal courts of matters within the jurisdiction of the State Air Pollution Control Board, the State Water Control Board, the Virginia Waste Management Board and the Department of Environmental Quality. Provides that in addition to the authority of the State Air Pollution Control Board, the State Water Control Board, the Virginia Waste Management Board and the Director to bring actions in the courts of the Commonwealth to enforce any law, regulation, case decision or condition of a permit or certification, the Attorney General is authorized on behalf of such Boards or the Director to seek to intervene pursuant to Rule 24 of the Federal Rules of Civil Procedure in any action pending in a federal court in order to resolve a dispute already being litigated in that court by the United States through the Environmental Protection Agency. This bill incorporates HB 2602 and is identical to SB 1297.
Patron - Albo

P HB2612

Care of Confederate Cemeteries and Graves. Changes the number of Confederate graves, monuments, and markers located in the Maplewood Cemetery in Gordonsville in Orange County from 60 to 696.
Patron - Broman

P HB2627

Board of Trustees of the Virginia Museum of Natural History. Provides that the unexpired term of any member of the Board of Trustees of the Virginia Museum of Natural History will lapse upon the failure of such member to attend four consecutive regular board meetings. The bill also directs the Board to hold one regular annual meeting at which it shall elect a chairman and vice-chairman from its membership and appoint an executive committee to transact business during recess of the Board. Finally, the bill provides for a quorum of a simple majority of the Board members then serving, and in absence of a quorum, allows those present to receive information, but take no action upon, items on a meeting agenda distributed in advance to the full membership. Under current law, there is no provision for a term lapse for a Board member's failure to attend regular meetings, a quorum is 13, whether or not all 25 Board members authorized are actually serving, and there are no provisions for selection of an executive committee.
Patron - Armstrong

P HB2667

Siting of landfills. Authorizes Mecklenburg County to construct a landfill closer to an existing water supply intake or reservoir than is currently allowed by law, if the Director of DEQ finds that the distance would not be detrimental to human health and the environment. The bill also provides that a new landfill in Mecklenburg County may be sited in a wetland. Currently, a landfill cannot be within five miles upgradient of any water supply intake or reservoir and cannot impact 1.25 acres or more of wetlands. This bill is identical to SB 1344.
Patron - Wright

P HB2835

Property conveyance. Authorizes the Department of Conservation and Recreation to accept approximately 41 acres in Charlotte County that consists of the Mulberry Hill residence and its outbuildings. The property would then become part of Staunton River State Park.
Patron - Bennett

P HB2858

Authorizing the Department of Conservation and Recreation to acquire and lease certain property. Authorizes the Department to acquire certain property in Chesterfield County and to lease said property to Chesterfield County for recreational purposes.
Patron - Nixon

P HJ572

Impact analysis forest resources. Urges the Secretaries of Commerce and Trade and Natural Resources to ensure that the plan containing an analysis of the impact that certain state agencies' regulations and projects have on the conversion of farm and forest lands be submitted annually to the General Assembly. The resolution also requests that the Secretaries and the Board of Forestry review those programs administered by state agencies that directly or indirectly affect the sustainability and health of the forest resources, and to recommend to the Governor and General Assembly any initiatives or actions that will enhance the health of the forest resources.
Patron - Deeds

P SB1003

Statewide recycling program. Requires the Department of Environmental Quality to establish a statewide program to manage used (i) motor oil, (ii) oil filters and (iii) antifreeze. The program's purpose is to encourage the environmentally sound management of these products. The Department also is to (a) maintain a list of sites that accept these used products from the public, (b) create and promote a website to provide consumers with information on collection sites, and (c) develop an outreach education program. The bill requires those who sell motor oil, oil filters and antifreeze at the retail level and who do not accept the return of used motor oil, oil filters or antifreeze to post a sign giving consumers information as to the locations where used motor oil, oil filters and antifreeze can be returned. Any retailer who fails to post such a sign shall be subjected to a fine of $25. In addition, the bill requires the Division of Purchases and Supply to establish procurement preferences for products containing recycled oil or recycled antifreeze.
Patron - Ticer

P SB1012

P SB1090

Underground Utility Damage Prevention Special Fund. Authorizes revenues collected through enforcement of the Underground Utility Damage Prevention Act, to the extent they exceed the costs of administering the program, to be used for training and education programs and for programs providing incentives for excavators, operators, line locators, and other persons. Currently such excess funds must be spent on public awareness programs. The State Corporation Commission is charged with allocating the excess funds among such programs. This measure is a recommendation of the joint subcommittee studying the Underground Utility Damage Prevention Act.
Patron - Bolling

P SB1166

Definition of impounding structure. Expands the definition of an impounding structure under the Dam Safety Act. The bill also has a delayed effective date of July 1, 2002.
Patron - Hanger

P SB1247

Regulation of land-disturbing activity; submission and approval of control plan. Requires the person who will be in charge of and responsible for carrying out land-disturbing activities have a certificate of competence issued by the Board of Soil and Water Conservation. The identification of a certified individual is a prerequisite for the approval of an erosion and sediment control plan.
Patron - Watkins

P SB1251

Eligibility requirements for grants from the Virginia Water Quality Improvement Fund. Provides that the provisions establishing Water Quality Improvement Grants shall not be construed to prevent the award of a grant to a local government for point or nonpoint source pollution prevention, reduction and control programs or efforts undertaken on land owned by the Commonwealth and leased to the local government.
Patron - Reynolds

P SB1297

P SB1344

P SB1386

Air emissions banking program. Requires that the Air Pollution Control Board's banking and trading credits or allowances regulations applicable to the electric power industry foster competition in the industry, encourage construction of clean, new generating facilities, provide set-asides for new sources of emissions of five percent for the first five years and two percent per year thereafter, and provide an initial allocation period of five years.
Patron - Reynolds

F Failed

F HB1601

Special license plates; supporters of greenways and blueways. Authorizes the issuance of "revenue sharing" license plates to supporters of greenways and blueways. For each set of plates issued (after the first 1,000 sets) $15 will go to the Department of Conservation and Recreation to acquire, construct, operate, and maintain greenways and similar pedestrian recreation and hiking trails throughout the Commonwealth. The bill also establishes the Department of Conservation and Recreation Greenways Fund comprised of the money generated from the sales of the special license plate. This bill has been incorporated into HB 1570.
Patron - Thomas

F HB2006

Chesapeake Bay Local Assistance Board; promulgation of regulations; periodic pump-out of on-site sewage treatment systems. Provides that regulations promulgated by the Chesapeake Bay Local Assistance Board, which establishes criteria for use by local governments, may require the periodic pump-out of on-site sewage treatment systems (septic tanks); however, the Board is also required to provide for an exemption for owners of septic tanks who submit to the appropriate local government official documentation from a qualified inspector that their septic tank is functioning properly. This bill is identical to SB 1011.
Patron - Rapp

F HB2341

Allocation of funds from the Virginia Land Conservation Fund. Provides that the Virginia Land Conservation Foundation may make direct (rather than matching) grants from the Virginia Land Conservation Fund to counties and municipalities. The bill eliminates the requirements that (i) a public body jointly hold an interest in land with a private holder where the holder acquires an interest in land as a result of a grant or transfer from the Foundation and (ii) a public body hold an open space easement whenever a private holder acquires a fee simple interest in land as a result of a grant or transfer from the Foundation. The bill also provides that 25 percent of the unrestricted funds in the Fund are to be distributed to the Open-Space Lands Preservation Trust Fund and that the remainder is to be distributed in a manner that the Board of Trustees of the Virginia Land Conservation Foundation deems most appropriate to bring about goals of the Fund.
Patron - Blevins

F HB2390

Commonwealth of Virginia Park and Recreational Bond Act of 2001. Authorizes the issuance of Commonwealth of Virginia Park and Recreational Facilities Bonds pursuant to Article X, Section 9 (b) of the Constitution of Virginia in an amount not exceeding $164,329,000, subject to approval by a majority of the qualified voters of the Commonwealth voting thereon at the November 6, 2001, general election. The purpose of the bonds is to provide funds for (i) acquiring land and developing four state parks; (ii) acquiring land for natural area preservation; and (iii) construction of numerous specified projects at existing state parks. The full faith and credit of the Commonwealth is pledged for the payment of the principal of and interest on the bonds and any bond anticipation notes or refunding bonds. The bill authorizes the Treasury Board, by and with the consent of the Governor, to fix the details of such bonds, to borrow money in anticipation of the issuance of the bonds, and to issue refunding bonds. The bill shall not become effective, and no bonds shall be issued, unless and until voter approval is obtained.
Patron - Dillard

F HB2451

State park fees discount. Establishes a state parks' Golden Passport Two card. This card entitles residents of Virginia who are over the age of 65, for an annual cost of $10, to receive a 50 percent reduction in any fees charged for (i) entering into or parking within state parks, (ii) the use of park camping facilities, rental equipment, shelters and amphitheaters, or (ii) the purchase of park merchandise. The discount is not available for the rental of state park cabins.
Patron - Clement

F HB2461

Timber harvesting. Requires persons engaging in the commercial harvesting of timber to notify the State Forester at least three working days prior to commencement of the harvesting activity. Currently, such persons have to notify the State Forester prior to or not later than three working days after commencement of the commercial harvesting operation.
Patron - Grayson

F HB2535

Clinch River state scenic river. Designates an 18.5-mile segment of the Lower Clinch River as part of the State Scenic River System.
Patron - Phillips

F HB2602

Enforcement in federal courts of matters within the jurisdiction of the State Air Pollution Control Board, the State Water Control Board, the Virginia Waste Management Board and the Department of Environmental Quality. Authorizes the Attorney General to bring an action in the appropriate federal court in situations where the State Air Pollution Control Board, the State Water Control Board, the Virginia Waste Management Board and the Director of the Department of Environmental Quality are authorized to bring an action in the courts of the Commonwealth. This bill has been incorporated into HB 2330.
Patron - Nixon

F HB2611

Department of Forestry. Removes the Department of Forestry from under the supervision of the Secretary of Commerce and Trade to the Secretary of Natural Resources.
Patron - Abbitt

F HB2639

Water Quality Improvement Fund. Requires that a minimum of $10,000,000 be allocated annually from the state general fund to the Water Quality Improvement Fund. Currently, the appropriation to the Fund is an amount equal to 10 percent of the annual general fund revenue collections that are in excess of the official estimates in the general appropriation act, plus 10 percent of any unreserved general fund balance at the end of each fiscal year whose reappropriation is not required in the appropriation act. The Comptroller is directed to deposit these funds into the Fund by October 1 of each year.
Patron - Moss

F HB2765

Solid waste recycling rate. Increases the recycling rate that local or regional solid waste planning units have to achieve by January 1, 2005, from the current rate of 25 percent to 40 percent.
Patron - Almand

F HB2772

Virginia Antiquities Act; appointment of State Archaeologist. Provides for the appointment of a state archaeologist to be appointed by the Director of the Department of Historic Resources. The bill specifies the duties of the state archaeologist.
Patron - Katzen

F HB2796

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 described in the bill. State agencies are required to submit environmental impact reports on major state projects to the Department of Environmental Quality (DEQ). DEQ has 60 days to review and provide an analysis of all reports and send the Governor a summary of their analysis. The analysis would include a finding on whether the major state project adequately protects the state's natural resources and its investment in them. The State Comptroller is not permitted to release funds for a major project unless he receives written approval from the Governor after he has reviewed DEQ's environment impact analysis of the project. The members of the Governor's cabinet are to meet at least quarterly to review each agency's programs, policies and major initiatives. The purpose of these meetings is to (i) identify conflicts with natural resource preservation efforts, (ii) evaluate the natural resources benefits and burdens of the various programs, policies and initiatives, (iii) identify planning, coordination and policies that preserve and protect the state's natural resources, and (iv) review the environmental impact reports. The Secretary of Natural Resources, who chairs the cabinet meetings, is required to prepare and publish an annual report that includes summaries of the meetings and any actions taken or conclusions reached concerning the environmental impact reports. Highway or road projects are exempted from the act.
Patron - Jones, J.C.

F SB821

Expansion of the jurisdiction of the Chesapeake Bay Preservation Act. Expands the coverage of the Chesapeake Bay Preservation Act from Tidewater Virginia to include all localities within the Chesapeake Bay watershed.
Patron - Williams

F SB1011

F SB1030

Major stationary air pollution sources. Provides that any stationary source or group of stationary sources within a one-mile radius of each other that (i) generate, transmit, or distribute electric services and (ii) emit or have the potential to emit 50 tons per year or more of nitrogen oxides shall be considered a "major stationary air pollution source" for the purposes of the Board's Prevention of Significant Deterioration (PSD) permit program and the Board's operating permit program established pursuant to the federal Clean Air Act. The bill also requires that applicants for a permit to modify or construct a major stationary source demonstrate that they have obtained nitrogen oxides emission reduction credits, allowances or offsets in a ratio of 1.2:1 from a source within the Commonwealth prior to the issuance of a permit.
Patron - Couric

F SB1063

F SB1196

F SB1256

Civil penalties under the Chesapeake Bay Preservation Act; civil penalties. Provides that when a court finds that a person has violated a zoning, subdivision or other local ordinance related to Chesapeake Bay Preservation Areas or a final notice, order, regulation, variance or permit condition authorized under the ordinance, the order may include, in addition to civil penalties, (i) reasonable expenses incurred by the local government in investigating and preparing the case and (ii) reasonable attorney's fees. An order issued by a locality that a person has committed such a violation may also include the expenses incurred by the local government in investigating the violation and reasonable attorney's fees. These expenses and fees will not be ordered when the violator is the county, city or town itself or its agent.
Patron - Norment

F SB1335

Siting of landfills. Reduces the distance that a new landfill must be separated from an existing ground water public water supply intake from five miles to two miles.
Patron - Lucas

F SB1382

Virginia Investment Act of 2000. Limits the rate of growth of state expenditures to the total of annual percentage changes in population and cost of living, but in no event greater than the three-year average of change in per capita personal income. Revenues in excess of the capped expenditure amount shall be deposited into the Virginia Investment Account, which is established. Money in the Account shall be appropriated only for capital transportation projects, public school construction, higher education capital projects, research and development projects relating to economic development, and reducing bonded indebtedness, and to address emergencies. The amount of annual deposits to the Account is capped at five percent of the excess of revenues over expenditures, including deposits to the Revenue Stabilization Fund and Water Quality Improvement Fund, in a fiscal year. The excess revenue over the amount required to be deposited in the Account is to be refunded pro rata on annual income tax returns. The limit on the rate of general fund growth may be exceeded if the Governor declares an emergency.
Patron - Barry

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2001 SUMMARY HOME | DLS | GENERAL ASSEMBLY