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Waters of the State, Ports and Harbors

Passed

P HB91

Virginia Water Protection Permit; dredging project mitigation; financial responsibility requirements. Allows for the State Water Control Board to require demonstration of financial responsibility for the completion of compensatory mitigation requirements for dredging projects. Financial responsibility may be demonstrated by letter of credit, certificate of deposit, or performance bond. When the U.S. Army Corps of Engineers requires demonstration of financial responsibility, then the mechanism and amount approved by the Corps shall be used to meet this requirement. Directs the Board to promulgate such regulations to be effective within 280 days of enactment. This bill is identical to SB 327.
Patron - Welch

P HB276

Rappahannock River Basin definition. Updates, because of redistricting, the definition of the Rappahannock River Basin to reflect the new legislative districts. The Rappanhannock River Basin Commission is composed, in part, of members of the House of Delegates and Senate whose legislative districts include a portion of the Basin. This bill is identical to SB 116.
Patron - Broman

P HB497

Water quality analysis. Requires the Department of Environmental Quality to establish a citizen water quality monitoring program and authorizes the agency to provide grants to support water quality monitoring organizations. An organization would be eligible to receive a grant if (i) the monitoring activity is done under a memorandum of agreement with the Department, (ii) the activity is consistent with the agency's monitoring program and the monitoring methods manual, and (iii) the monitoring location is part of the agency's water quality control plan. The results of the citizen monitoring are prohibited from being used as evidence in any enforcement action.
Patron - Orrock

P HB1002

Nontidal wetlands program. Eliminates any duplication of state and federal permitting requirements for those activities covered by a federal nationwide or regional permit. Once the State Programmatic General Permit is approved by the U.S. Army Corps of Engineers, only a state permit will be required for activities in nontidal wetlands.
Patron - McDonnell

P HB1103

Regulation of sewage sludge. Moves responsibility to regulate the land application of sewage sludge to the State Water Control Board and the Department of Environmental Quality (DEQ). Currently, the Department of Health is responsible for regulating the land application, marketing and distribution of sewage sludge by entities that contract with a treatment plant to dispose of the sludge. The DEQ has oversight of the land application of sludge when the sludge is applied by the owner of a sewage treatment works. This bill brings all land applications of sewage sludge under the regulatory authority of DEQ effective May 1, 2004. The new DEQ regulations will be the same as the Board of Health's Biosolids Use Regulations, to the extent that such regulations are consistent with the State Water Control Board's statutory authority. The bill will not become effective unless reenacted by the 2003 Session of the General Assembly.
Patron - Orrock

P HB1279

Virginia Roanoke River Basin Advisory Committee and the Roanoke River Basin Bi-State Commission. Establishes the Virginia Roanoke River Basin Advisory Committee and the Roanoke River Basin Bi-State Commission. The Roanoke River Basin Bi-State Commission is composed of 18 members, with nine members representing Virginia and nine members representing North Carolina. The Virginia delegation to the Bi-State Commission includes two members of the Senate and four members of the House of Delegates, whose districts include a portion of the Roanoke River Basin, and three members of the Virginia Roanoke River Basin Advisory. State and federal legislators from both states, who are not appointed to the Commission, may be nonvoting, ex-officio members of the Commission. All persons appointed to the Commission must live within the Basin's watershed. The Commission has no regulatory authority. Its purposes include: (i) providing guidance and making recommendations to local, state and federal legislative and administrative bodies on the use, stewardship, and enhancement of the water and other natural resources within the Basin; (ii) providing a forum for discussion of issues affecting the Basin's water quality, water quantity, and natural resources; (iii) promoting communication, coordination, and education among stakeholders; and (iv) identifying Basin-related problems and recommending solutions. The Virginia Roanoke River Basin Advisory Committee is composed of the six legislative members of the Virginia delegation to the Bi-State Commission, eleven persons selected by the six legislative members from among a pool of candidates recommended by the local planning district commissions within the Roanoke River Basin, and the Virginia member of the U.S. House of Representatives, whose district includes the largest portion of the Basin. The advisory committee will advise and assist the Virginia delegation to the Bi-State Commission in performing its duties. This bill also provides that (i) provisions pertaining to the State of North Carolina will become effective upon the enactment of comparable legislation by the North Carolina General Assembly; (ii) the Virginia Roanoke River Basin Advisory Committee may organize and commence its work, notwithstanding any inaction by the State of North Carolina; and (iii) the Virginia Roanoke River Basin Advisory Committee will assume the powers and duties of the Bi-State Commission, if the General Assembly of North Carolina fails to enact or repeals legislation creating the Roanoke River Basin Bi-State Commission. This bill is identical to SB 460.
Patron - Hogan

P SB116

Rappahannock River Basin definition. Updates, because of redistricting, the definition of the Rappahannock River Basin to reflect the new legislative districts. The Rappanhannock River Basin Commission is composed, in part, of members of the House of Delegates and Senate whose legislative districts include a portion of the Basin. This bill is identical to HB 276.
Patron - Bolling

P SB327

Virginia Water Protection Permit; dredging project mitigation; financial responsibility requirements. Allows the Water Control Board to require demonstration of financial responsibility for the completion of compensatory mitigation requirements for dredging projects. Financial responsibility may be demonstrated by letter of credit, certificate of deposit, performance bond, or pursuant to Army Corps of Engineer approval. When the U.S. Army Corps of Engineers requires demonstration of financial responsibility then the mechanism and amount approved by the Corps shall be used to meet this requirement. Directs the Board to promulgate such regulations to be effective within 280 days of enactment. This bill is identical to HB 91.
Patron - Wagner

P SB460

Virginia Roanoke River Basin Advisory Committee and the Roanoke River Basin Bi-State Commission. Establishes the Virginia Roanoke River Basin Advisory Committee and the Roanoke River Basin Bi-State Commission. The Roanoke River Basin Bi-State Commission is composed of 18 members, with nine members representing Virginia and nine members representing North Carolina. The Virginia delegation to the Bi-State Commission includes two members of the Senate and four members of the House of Delegates, whose districts include a portion of the Roanoke River Basin, and three members of the Virginia Roanoke River Basin Advisory. State and federal legislators from both states, who are not appointed to the Commission, may be nonvoting, ex-officio members of the Commission. All persons appointed to the Commission must live within the Basin's watershed. The Commission has no regulatory authority. Its purposes include: (i) providing guidance and making recommendations to local, state and federal legislative and administrative bodies on the use, stewardship, and enhancement of the water and other natural resources within the Basin; (ii) providing a forum for discussion of issues affecting the Basin's water quality, water quantity, and natural resources; (iii) promoting communication, coordination, and education among stakeholders; and (iv) identifying Basin-related problems and recommending solutions. The Virginia Roanoke River Basin Advisory Committee is composed of the six legislative members of the Virginia delegation to the Bi-State Commission, eleven persons selected by the six legislative members from among a pool of candidates recommended by the local planning district commissions within the Roanoke River Basin, and the Virginia member of the U.S. House of Representatives, whose district includes the largest portion of the Basin. The advisory committee will advise and assist the Virginia delegation to the Bi-State Commission in performing its duties. This bill also provides that (i) provisions pertaining to the State of North Carolina will become effective upon the enactment of comparable legislation by the North Carolina General Assembly; (ii) the Virginia Roanoke River Basin Advisory Committee may organize and commence its work, notwithstanding any inaction by the State of North Carolina; and (iii) the Virginia Roanoke River Basin Advisory Committee will assume the powers and duties of the Bi-State Commission, if the General Assembly of North Carolina fails to enact or repeals legislation creating the Roanoke River Basin Bi-State Commission. This bill is identical to HB 1279.
Patron - Hawkins

Failed

F HB1278

Roanoke River Basin Commission. Establishes the Virginia Roanoke River Basin Commission, which is composed of the representatives of planning district commissions located within the Basin, state legislators, a member of Congress, and nonvoting ex officio members representing the interests of North Carolina. The Commission is advisory and has no regulatory authority. Its purposes include: (i) providing guidance and making recommendations to local, state and federal legislative and administrative bodies on the use, stewardship, and enhancement of the water and other natural resources within the Basin; (ii) providing a forum for discussion of issues affecting the Basin's water quality, water quantity, and natural resources; (iii) promoting communication, coordination, and education among stakeholders; (iv) identifying Basin-related problems and recommending solutions; and (v) conducting joint meetings and communicating with North Carolina legislative and administrative bodies. Five voting members of the Virginia Commission shall serve as members of the Roanoke River Basin Bi-State Commission.
Patron - Hogan

F SB142

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 SB553

Roanoke River Basin Commission. Establishes the Roanoke River Basin Commission, which is composed of the representatives of planning district commissions located within the Basin, state legislators, a member of Congress, and nonvoting ex officio members representing the interests of North Carolina. The Commission is advisory and has no regulatory authority. Its purposes include: (i) providing guidance and making recommendations to local, state and federal legislative and administrative bodies on the use, stewardship, and enhancement of the water and other natural resources within the Basin; (ii) providing a forum for discussion of issues affecting the Basin's water quality, water quantity, and natural resources; (iii) promoting communication, coordination, and education among stakeholders; (iv) identifying Basin-related problems and recommending solutions; and (v) conducting joint meetings and communicating with North Carolina legislative and administrative bodies. This bill is incorporated into the substitute for SB 460.
Patron - Hawkins

Carried Over

C SB331

Virginia Water Protection Permit; maintenance dredging. Exempts maintenance dredging undertaken to mitigate the adverse impact of sedimentation and to restore the natural contours of Virginia's waterways from additional wetlands compensation in Virginia Water Protection Permits.
Patron - Wagner

C SB618

Sewage sludge; local authority; fees. Provides authority for localities to enact ordinances that prohibit, restrict, or regulate the land application of sewage sludge. Allows for the collection of local fees to cover testing and monitoring costs. Removes certain provisions requiring the Board of Health to adopt regulations concerning the payment, collection, and disbursement of sludge land application permit fees by the Department of Health.
Patron - Deeds


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