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Conservation

Passed

P HB2

Tennessee-Virginia Bi-State Thermal Authority. Repeals the Authority because it has not been activated. This bill is a recommendation of the Virginia Code Commission.
Patron - Landes

P HB49

Soil and water conservation districts; district boards of directors and terms of office. Provides for four-year, rather than three-year, terms of office for elected and appointed directors. Elections will be held in November 2003 and each fourth year thereafter. The bill provides for the transition to the new schedule, the extension of certain terms of office, appointments to fill vacancies, and specific terms for directors appointed by the Virginia Soil and Water Conservation Board. This bill is identical to SB 114.
Patron - Sherwood

P HB137

Confederate Cemeteries; Ettrick Cemetery. Adds the Ettrick Cemetery in Chesterfield County, which maintains 47 Confederate graves, to the list of those entities receiving funds from the Department of Historic Resources for the care of such graves. This bill is identical to SB 69.
Patron - Cox

P HB147

Wilderness Road State Park. Authorizes the Department of Conservation and Recreation to build and enter into contracts to build an interpretive 1775 fort utilizing the construction techniques of the period, and exempts such construction from state and local building codes. The bill also authorizes the Department to enter into a lease agreement for the construction and operation of the facility.
Patron - Kilgore

P HB148

Landfill closures. Allows municipal solid waste landfills utilizing double synthetic liner systems that had been permitted between December 21, 1988, and October 9, 1993, by the Department of Environmental Quality, to continue to accept solid waste after 2020. Currently, no municipal solid waste landfills can continue to accept waste after 2020 that have not been equipped with the new liner system approved in the permits issued after October 9, 1993. The bill would allow the Wise County landfill to accept waste after 2020. This bill is identical to SB 82.
Patron - Kilgore

P HB178

Flood assistance fund. Expands the uses of the Flood Prevention and Protection Assistance Fund to include the awarding of grants or loans to public bodies owning dams and the awarding of loans to private dam owners to assist in paying the costs of modifications in the dam's design, or repairs to or maintenance of the dam. Currently, the fund distributes grants and loans to local public bodies for the development and implementation of flood prevention or protection projects or studies as part of a required federal match.
Patron - Sherwood

P HB211

Boundaries of soil and water conservation districts. Requires the Virginia Soil and Water Conservation Board to consider funding as one of the factors in establishing boundaries of a new soil and water conservation district.
Patron - O'Bannon

P HB448

Notice of timber harvesting; penalty. Requires the commercial timber-harvesting operator to notify the State Forester prior to completion but not later than three working days after commencement of a harvesting operation. If he fails to provide the notice, the State Forester is authorized to assess a civil penalty of $250 for the initial violation and up to $1,000 for any subsequent offense occurring within a 24-month period. Currently an owner or operator is required to give notice prior to or not later than three working days after the commencement of the operation; however, there is no penalty for not providing such notification.
Patron - Dillard

P HB463

Brownfield Restoration and Land Renewal Act. Consolidates and reorganizes existing provisions related to brownfields restoration in order to simplify public access to this information and facilitate its use. The Act contains specific liability protections for bona fide prospective purchasers, innocent landowners and adjacent landowners. These provisions track those provided in the federal act. The bill also creates the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund to be administered by the Virginia Resources Authority. The Fund will consist of moneys appropriated to it by the General Assembly and such other sums as may be made available to it from any other sources. Local governments, all eligible to receive grants and loans from the fund, and businesses may receive loans for the purposes of promoting the restoration and redevelopment of brownfield sites and to address environmental problems or obstacles to reuse so that these sites can be effectively marketed to new economic development prospects.
Patron - Suit

P HB870

Clinch-Guest Scenic River. Extends the scenic river designation to approximately 9.2 miles of the Clinch River. The change in the name of the designated river from the Guest to the Clinch-Guest Scenic River reflects the inclusion of a segment of the Clinch River in the scenic designation. The bill also adds at least one riparian landowner on the Clinch River to the advisory committee.
Patron - Phillips

P HB919

Department of Historic Resources; maintenance of Revolutionary War graves. Establishes a program to assist in the maintenance of Revolutionary War graves that is similar to the program for Confederate graves.
Patron - Griffith

P HB1144

Commonwealth of Virginia Park and Recreational Bond Act of 2002. 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 $119,040,000, subject to approval by a majority of the qualified voters of the Commonwealth voting thereon at the November 5, 2002, general election. The purpose of the bonds is to provide funds for numerous capital projects at 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. This bill is identical to SB 672.
Patron - Dillard

P HB1168

Silvicultural activities; issuance of special orders. Allows special orders to be issued after the owner or operator has been given the opportunity for a hearing. Currently, a special order can only be issued after a hearing.
Patron - Hogan

P HB1257

Waste and water permit fees. Directs the Virginia Waste Management Board to develop new permit fee schedules sufficient to cover no more than 20 percent of the direct costs of the hazardous and solid waste programs, using as the base the amounts allocated to these programs in the 2002 Appropriation Act; however, no individual permit fee can increase more than 300 percent. The bill also triples the statutory caps on water permit fees. There is a July 1, 2004, sunset on the new fee structure. This bill is identical to SB 592.
Patron - Dillard

P HB1258

State Forester notification. Authorizes the State Forester to recommend corrective measures and a time period for an owner or operator of a forestry operation to implement the measures in order to prevent, mitigate or eliminate an action causing or likely to cause pollution. If the owner or operator fails to take action, the State Forester is required to issue a special order.
Patron - Dillard

P HJ181

Solid Waste Interstate Transportation Act of 2001. Urges Congress to enact the Solid Waste Interstate Transportation Act of 2001 (HR 1213), incorporating amendments proposed by the Congresswoman representing Virginia's First Congressional District, that gives local and state governments the additional specific authority to regulate the importation of solid waste in their jurisdictions.
Patron - Pollard

P SB69

Department of Historic Resources; care of Confederate cemeteries and graves. Adds the Ettrick Cemetery in Chesterfield County, which maintains 47 Confederate graves, to the list of those entities receiving funds from the Department of Historic Resources for the care of such graves. This bill is identical to HB 137.
Patron - Watkins

P SB82

Landfill closures. Allows municipal solid waste landfills utilizing double synthetic liner systems that had been permitted between December 21, 1988, and October 9, 1993, by the Department of Environmental Quality to continue to accept solid waste after 2020. Currently, no municipal solid waste landfills can continue to accept waste after 2020 that have not been equipped with the new liner system approved in the permits issued after October 9, 1993. This bill would allow the Wise County landfill to accept waste after 2020. This bill is identical to HB 148.
Patron - Wampler

P SB114

P SB146

Property conveyance. Authorizes the Department of Conservation and Recreation to accept from The Trust for Public Land approximately 45 acres in James City County. This property will be included as property within York River State Park. The bill includes an emergency provision.
Patron - Norment

P SB249

Occoneechee State Park. Authorizes the Department of Conservation and Recreation to amend a lease with the Secretary of the Army for the purpose of providing additional recreational facilities, not to be operated by the Department, at Occoneechee State Park in Mecklenberg County. The amendment is subject to the Administrative Process Act and must be included in the park's master plan. The bill limits any further sublease of the property to public entities, subject to the approval of the Department, Governor and Attorney General. The authority granted in this bill will expire on July 1, 2004, unless the amendment has been adopted by that time.
Patron - Ruff

P SB301

Foresters; title protection. Prohibits any person from using the title "forester" unless he possesses a degree from a college or university in a curriculum accredited by the Society of American Foresters. The bill also defines "forestry" as the science, art and practice of creating, managing, using and conserving forests and associated resources for human benefit and in a sustainable manner to meet desired goals, needs, and values. The bill provides injunctive relief to restrain the invalid use of the title of "forester." The bill does not prohibit (i) any person from performing forestry functions if the person does not represent himself to the public as being a forester, or (ii) an employee of a forester from performing forestry services, (iii) the practice of any profession that is regulated by a state board. The bill "grandfathers" those persons who supply the Department of Forestry documentation showing they have engaged in forestry practices for at least 10 years.
Patron - Deeds

P SB592

P SB672

P SB675

Department of Historic Resources; disbursements for Confederate cemeteries and graves. Adds the New Monmouth Presbyterian Church and the New Providence Presbyterian Church in the County of Rockbridge, which maintain 80 and 98 Confederate graves, respectively, to the list of those entities receiving funds from the Department of Historic Resources for the care of such graves.
Patron - Deeds

P SJ159

Conservation of open space. Requests the Secretary of Natural Resources to examine options for providing a stable source of funding for conservation of open space. Such examination shall include an evaluation of options for additional grant support and public-private partnerships, and other issues as the Secretary may deem appropriate. This resolution is identical to HJR 255.
Patron - Deeds

Failed

F HB176

Virginia Outdoors Foundation membership. Increases the number of Virginia Outdoors Foundation trustees from seven to 11 and staggers the terms of the new members appointed in 2002. The bill changes the appointing authority by reducing the Gubernatorial appointments from seven to six members and has the Speaker appoint three members and the Senate Committee on Privileges and Elections appoint two members.
Patron - Albo

F HB387

Air, water and solid waste standards. Requires the environmental policy boards, the Air Pollution Control Board, the State Water Control Board, and the Solid Waste Management Board, to find that there is scientific and technological evidence indicating that any proposed regulation establishing standards for air emissions, water quality and solid waste can be met by a permit holder. Such regulations shall not be adopted unless such a finding is made by the appropriate board. The finding shall be in the form of a written certification by the appropriate board and shall be published by the Registrar of Regulations at the time that the proposed regulation is also published. In addition, the environmental policy boards, the Air Pollution Control Board, the State Water Control Board, and the Solid Waste Management Board, in adopting standards, are required to give due consideration to economic impact analyses prepared for such proposed standards by the Virginia Department of Planning and Budget.
Patron - Wardrup

F HB389

Tributyltin; State Water Control Board to establish schedules for compliance with numerical effluent limitations for tributyltin included in permits issued by the Board. Provides that the State Water Control Board shall establish schedules requiring compliance on and after January 1, 2008, with numerical effluent limitations for tributyltin (TBT) included in any Virginia Pollution Discharge Elimination System Permit issued by the Board. The Board shall not assess any penalty, prior to January 1, 2008, relating to numerical effluent limitations for TBT, but any person or entity holding a permit with numerical effluent limitations for TBT shall comply with all other permit conditions and applicable regulatory requirements. The bill also provides that beginning January 1, 2008, the Department of Environmental Quality shall assess all penalties and pursue all remedies available under law upon any person in violation of a numerical effluent limitation for TBT included in a permit issued to him.
Patron - Wardrup

F HB391

Tree conservation ordinance; designated species. Grants localities the authority to adopt ordinances regulating the preservation and removal of "designated species." "Designated species" means any species of tree that has been designated by the local governing body to have notable historic, cultural or ecological value to a specific area.
Patron - Wardrup

F HB791

Silvicultural practices; authority of local government. Grants local governments the authority to require a permit or impose a fee for certain silvicultural activities that are (i) conducted in accordance with the silvicultural best management practices developed and enforced by the State Forester, and (ii) located on a property defined as real estate devoted to forest use or in an agricultural and forestal district. Such silvicultural activities include, but are not limited to, the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation.
Patron - Bolvin

F HB820

Air Quality Monitoring Station. Requires the Virginia Air Pollution Control Board to establish an air quality monitoring station in New River Valley, to be located within either Montgomery County or the City of Radford.
Patron - Nutter

F HB856

Landfill closure requirements; exception. Creates exception from landfill closure requirements for municipal solid waste landfills utilizing double synthetic liner systems pursuant to permits issued between December 21, 1988, and October 9, 1993. Currently, no municipal solid waste landfill can continue to accept waste after 2020 unless equipped with the new liner system pursuant to a permit issued by the Department of Environmental Quality after October 9, 1993. The bill would allow the Wise County landfill to accept waste after 2020.
Patron - Phillips

F HB1220

Commonwealth of Virginia Environmental Stewardship Bond Act of 2002. Authorizes the issuance of Commonwealth of Virginia Environmental Stewardship Bonds pursuant to Article X, Section 9 (b) of the Constitution of Virginia in an amount not exceeding $488,495,075, subject to approval by a majority of the qualified voters of the Commonwealth voting thereon at the November 5, 2002, general election. The purpose of the bonds is to provide funds for capital projects for (i) biological nutrient removal at sewage treatment facilities, (ii) rehabilitation to dams owned by soil and water conservation districts, (iii) combined sewer overflow projects, (iv) renovation of state parks and acquisition of real estate for parks, and (iv) acquisition of permanent interests in real estate for conservation purposes. 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 - Albo

F HJ260

Occoquan Watershed. Commends the Fairfax County Board of Supervisors for creating the Occoquan Watershed and expresses the General Assembly's support for those who work to keep the watershed pristine and its opposition to attempts to permit or require paved trails in the watershed.
Patron - O'Brien

F SB147

F SB563

F SB621

Waste and water permit fees. Directs the Virginia Waste Management Board and the State Water Control Board to develop new permit fee schedules that reflect that portion of the agency's cost of implementing its waste management and water permit programs that are not covered by general fund appropriations and federal grants. Currently, the permit fees are based on costs of processing the permit application. The bill also removes the statutory caps on the various water permits and leaves it to the State Water Control Board to set the fee based on program implementation costs. This bill is incorporated into SB 592.
Patron - Ticer

Carried Over

C HB87

Land-disturbing activities. Limits to Chesterfield County provisions passed in 2001 that require the person who will be in charge of and responsible for carrying out land-disturbing activities to have a certificate of competence issued by the Board of Soil and Water Conservation.
Patron - Orrock

C HB234

Establishing the Public Beach Maintenance and Development Fund. Expands the purposes of a current fund that awards matching grants to local governments to pay the costs of erosion abatement measures. The newly established Public Beach Maintenance and Development Fund will also provide grants for the construction or maintenance of public beach-related support structures or facilities and the creation or restoration of beach landscapes. Up to $200,000 per year of the money in the Fund could be used to pay the costs of administering the program. Currently, no grant can exceed 30 percent of the money appropriated to the fund for the biennium. This bill would allow up to 60 percent of the money in the fund in any fiscal year to be awarded to a locality. The Fund would be, in part, capitalized by the dedication of $5 million from the portion of the recordation tax collections that exceed $94.1 million.
Patron - Gear

C HB935

Regulation of land-disturbing activity; submission and approval of control plan. Requires those who engage in land-disturbing activities requiring an approved erosion and sediment control plan to have an individual holding a certificate of competence issued by the Virginia Soil and Water Conservation Board on-site during the land-disturbing activity, and incorporates "conducting land-disturbing activities" as a specified subject area of certificates of competence.
Patron - Morgan

C HB1134

State Archaeologist. Establishes the position of State Archaeologist. This person would assist the Director of Historic Resources by coordinating and overseeing those activities necessary to carry out the Virginia Antiquities Act.
Patron - Dillard

C HB1339

Land conveyance. Authorizes the Virginia Department of Conservation and Recreation to accept, on behalf of the Commonwealth, a conveyance from The Conservation Fund of 16 miles of an abandoned railroad right-of-way in King George County. This property will be developed as a rails-to-trail project and will be managed by the Department of Conservation and Recreation.
Patron - Pollard

C SB389

Air quality monitoring and reporting. Increases air quality monitoring to obtain base-line data in current attainment areas so if new industry is proposed, the impacts can be estimated. This bill requires the Department of Environmental Quality (DEQ) to develop a plan to (i) study the cumulative environmental impacts of proposed electrical generating facilities; (ii) fund such a study through the use of federal, state, or private monies; and (iii) collect data for such a study by increasing the number of ozone monitoring stations. To the extent funding is available for such a study, this bill directs DEQ to place ozone monitoring stations in the regions of greatest permitting activity, gather appropriate data, conduct the study, and report the results to the Chairmen of the Senate Agriculture, Conservation and Natural Resources Committee and the House Agriculture, Chesapeake and Natural Resources Committee annually.
Patron - Whipple

C SB489

Senior citizen entry fees to state parks. Establishes a lifetime admission permit to state parks for any persons 62 years of age or older who apply and pay a one-time charge of $10.
Patron - Newman

C SB515

Landfill closure requirements; exemption. Exempts any municipal solid waste landfill having a year 2000 average daily volume of less than 25 tons per day from the priority closure schedule developed by the Department of Environmental Quality pursuant to the Virginia Landfill Clean-up and Closure Fund, unless such a landfill poses a substantial present or potential hazard to human health or the environment as determined by the Virginia Waste Management Board.
Patron - Ruff

C SB617

Erosion and sediment control law; certificate of competence. Grants plan-approving authorities the option to waive the certificate of competence requirement for land-disturbing activity for agreements in lieu of a plan. Currently, all plan-approving authorities must require that the name of an individual, who holds a certificate of competence and who will be in charge of and responsible for carrying out the land-disturbing activity, be provided for both erosion and sediment control plans and agreements in lieu of a plan. An agreement in lieu of a plan is a contract between the plan-approving authority and the landowner used for ensuring proper implementation of conservation measures during construction of a single-family residence.
Patron - Deeds

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2002 SUMMARY HOME | DLS | GENERAL ASSEMBLY