General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Conservation

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Conservation

Passed

P HB1419

Department of Historic Resources; disbursements for Confederate cemeteries and graves. Adds the Trinity Lutheran Church Cemetery in Augusta County, which maintains 13 Confederate graves, to the list of those cemeteries receiving funds from the Department of Historic Resources for the care of such graves.
Patron - Landes

P HB1451

Staunton State Scenic River. Corrects the length of the Staunton State Scenic River from 40.5 river miles to 51.3 river miles.
Patron - Hogan

P HB1459

Erosion and Sediment Control; requirements for plan approval. Removes the requirement to provide the name of an individual holding a certificate of competence as a prerequisite for approval of erosion and sediment control land-disturbing activity plans. The bill requires instead that the name of such certificate holder must be provided to the plan-approving authority prior to actual engagement in land-disturbing activity shown on the approved site plan. If the name is not provided prior to engaging in the land-disturbing activity the plan's approval may be revoked and the person responsible for carrying out the plan would be subject to penalties under the Erosion and Sediment Control Law.
Patron - Oder

P HB1532

Landfill siting. Allows Halifax County to site a landfill closer than five-miles upgradient from a water source, if the Director of the Department of Environmental Quality determines that such distance would not be detrimental to human health and the environment. Currently, only Mecklenburg has an exemption that allows it to construct a landfill closer than the statewide five mile upgradient separation requirement.
Patron - Hogan

P HB1627

Virginia Scenic River Board. Creates the Virginia Scenic River Board, eliminates the Virginia Scenic River Advisory Boards, which shall have a broad geographical representation, corrects a mileage error related to the Staunton State Scenic River, codifies the St. Mary's River as a river segment worthy of designation, and requires Department of Conservation and Recreation to submit a report in 2009 evaluating the effectiveness of the new state board. This bill incorporates HB 1970.
Patron - Cox

P HB1671

Virginia Envirothon Program. Authorizes Soil and Water Conservation Districts to coordinate and implement the Virginia Envirothon natural resource conservation program for high school students.
Patron - Orrock

P HB1875

Virginia Soil and Water Conservation Board. Reduces the total membership of the Board from 12 to 10 members, eliminates the ex officio voting members except for the Director of the Department of Conservation and Recreation, and adds two additional members appointed by the Governor from the Commonwealth at-large.
Patron - Thomas

P HB1953

Creation of the Low Impact Development Assessment Task Force. Requires the Director of the Department of Environmental Quality to appoint a Low Impact Development Assessment Task Force. The 11-member task force shall operate as an entity within the Department. The task force shall (i) develop a certification process for low impact development techniques in achieving quantifiable pollution prevention or abatement results, (ii) develop such other guidance for local governments and the general public as necessary to promote a more complete understanding of the most effective use of low impact development techniques, (iii) recommend changes to existing statutes and regulations to facilitate the use of low impact development techniques, and (iv) develop a model ordinance for use by local governments. For purposes of this section, "low impact development" means a site-specific system of design and development techniques that can serve as an effective, low-cost alternative to existing stormwater and water quality control methods and that will reduce the creation of storm runoff and pollution and potentially reduce the need to treat or mitigate water pollution. The Taskforce shall continue in existence until it has submitted its final report.
Patron - Albo

P HB2236

Water quality reports. Requires the Department of Conservation and Recreation to submit its report on the impacts of nonpoint source pollution on water quality to the Department of Environmental Quality for inclusion in Virginia's water quality report that is submitted to the U.S. Environmental Protection Agency. The report, as a minimum, has to include water quality data from the previous five years.
Patron - Pollard

P HB2314

Erosion and Sediment Control Law. Clarifies that shoreline erosion control projects involving land-disturbing activities in those tidal waters that are under the regulatory authority of local wetlands boards, the Virginia Marine Resources Commission, and the U.S. Army Corps of Engineers are not subject to the Virginia Erosion and Sediment Control Law. However, any land-disturbing activities outside this exempted area are subject to this law.
Patron - Plum

P HB2376

Cathode ray tube recycling program. Requires the Virginia Waste Management Board to adopt regulations to encourage cathode ray tube and electronics recycling. The bill also authorizes localities to prohibit the disposal of cathode ray tubes in any privately operated landfill within its jurisdiction, so long as the locality has implemented a recycling program that is capable of handling all cathode ray tubes generated within the jurisdiction. This bill incorporates HB 2375.
Patron - Moran

P HB2393

Department of Conservation and Recreation Board consolidation. Creates special funds, reorganizes the Board of Conservation and Recreation as a policy board, and merges the Board on Conservation and Development of Public Beaches and the Virginia State Park Foundation into the Board of Conservation and Recreation. This bill is identical to SB 914 that was recommended by the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Athey

P HB2396

Virginia Outdoors Foundation's regional open-space preservation advisory boards. Eliminates the Virginia Outdoors Foundation's regional open-space preservation advisory boards and requires a broad geographical representation for the members of the Virginia Outdoors Foundation board of trustees. This bill is identical to SB 766.
Patron - May

P HB2434

Silvicultural Activities; best management practices. Provides that a notice, special order, or emergency special order issued by the State Forester regarding the conduct of silvicultural activities shall remain in effect until the State Forester determines that the corrective measures specified therein have been implemented.
Patron - Dillard

P HB2436

Invasive Species Council established. Establishes the nine-member Invasive Species Council. The Council, which is composed of executive branch agency heads, and chaired by the Secretary of Natural Resources, is charged with providing state leadership regarding prevention and control of invasive species and preparation of an invasive species management plan. Invasive species are species that are not native to an ecosystem and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. There is a 2006 sunset on the Council.
Patron - Dillard

P HB2631

Soil and Water Conservation District Boards. Specifies that vacant soil and water conservation district director positions will not be considered in what constitutes a quorum for a district board to conduct business.
Patron - Sherwood

P HB2789

Trichloroethylene prohibited; penalty. Adds trichloroethylene (TCE) to the list of hazardous household chemicals identified by the Department of Environmental Quality and as of January 1, 2006, prohibits the sale or distribution of any household product containing TCE. The bill also prohibits the sale or distribution of products containing TCE as of July 1, 2004, if such products are used as adhesives in residential hardwood floor installation. Violations are Class 3 misdemeanors.
Patron - Amundson

P HJ610

Naming of new state park in Powhatan County. Requests the Virginia Department of Conservation and Recreation when designating the new state park in Powhatan County to include as part of its name the name of E. Floyd Yates, in appreciation of Mr. Yates' outstanding contributions to the community and to the Commonwealth in the areas of government, natural resources, and community service.
Patron - Ware

P SB766

Virginia Outdoors Foundation's regional open-space preservation advisory boards. Abolishes the six regional open-space preservation advisory boards and requires a broad geographical representation for the members of the Virginia Outdoors Foundation board of trustees. Each advisory board evaluates grant applications from applicants proposing to convey easements located within its region; identifies applications that will provide the most significant open-space preservation benefits according to guidelines and timetables developed by the Foundation; and forwards these recommendations to the Foundation. The boards have not been active recently. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Ruff

P SB884

Property conveyance. Authorizes the Department of Conservation and Recreation to convey approximately 15 acres in Fairfax County, adjacent to George Washington's gristmill, to the Mount Vernon Ladies' Association of the Union. The conveyed property must be open to the public or ownership will revert to the Department.
Patron - Puller

P SB913

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

P SB914

Department of Conservation and Recreation Board consolidation. Creates special funds, reorganizes the Board of Conservation and Recreation as a policy board, and merges the Board on Conservation and Development of Public Beaches and the Virginia State Park Foundation into the Board of Conservation and Recreation. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill is identical to HB 2393.
Patron - Ruff

P SB965

Waste tire piles and tire recycling fee. Strengthens the Department of Environmental Quality's (DEQ) ability to clean up the 339 remaining tire piles throughout the state. The civil and criminal liability provisions of the bill are conformed to the penalties of other environmental statutes. The bill authorizes the establishment of tire convenience centers, which are collection points for the temporary storage of tires. To be classified as a convenience center, the collection point cannot receive waste tires from collection vehicles that have collected waste from more than one real property owner. The bill exempts (i) Department of Motor Vehicle licensed salvage yards that are holding fewer than 300 waste tires and (ii) convenience centers having up to 1,500 tires from having to obtain a permit from DEQ. The bill also establishes a strict liability standard for damages incurred by neighboring property owners and other third parties when a tire pile burns. Strict liability would apply in the case of an unpermitted tire pile of more than 100 tires. Currently, strict liability applies when there are more than 50,000 tires. The strict liability would apply to the pile owner when he knows about the pile or if the property owner consented to the disposal of the tires on his property. The bill grants the agency the authority to enter property and remove a tire pile if the owner refuses an order to remove the tires. Under the legislation, the agency would be able to obtain a lien against the property for the amount expended from the Waste Tire Fund to clean up the tire pile. To expedite the cleanup of these tire piles, a three-year increase in the tire recycling fee from $.50 per new tire sold to $1.00 is proposed. The revenue generated by the increased fee is required to be used solely for the removal of tire piles.
Patron - Watkins

P SB1053

Conservation easements; requirements to be a holder. Allows organizations that have been in existence for at least five years and are registered and in good standing with the State Corporation Commission to be sole holders of conservation easements if they also meet the other existing criteria. Currently, such entities can only co-hold conservation easements. Current law also requires a sole holder of a conservation easement to have had its principal office in the Commonwealth for at least five years.
Patron - Hanger

P SB1137

Transporting wastes on state waters. Eliminates the stacking limitation for containers on barges and the prohibition on transporting waste on the Rappahannock, James, and York Rivers. This bill broadens the Board's authority to establish a waste barging fee to fund not only administration and enforcement costs, but to also fund activities for abating pollution caused by barging of waste, for improving water quality, or for other waste related purposes. This bill exempts from regulation recyclable construction demolition debris being transported on state water directly to a processing facility.
Patron - Stolle

Failed

F HB1442

Virginia Conservation Easement Act; requirements for easement holders. Decreases the time that a prospective holder must have had a principal office in the Commonwealth before holding a conservation easement without a co-holder from five years to three.
Patron - Callahan

F HB1476

Rudee Inlet Authority. Repeals the 1960 act that created such an authority. The duties of the Rudee Inlet Authority have been taken over by the Virginia Beach Erosion Committee and the Beaches and Waterways Commission. This is a recommendation of the Virginia Code Commission.
Patron - Landes

F HB1809

Landfill permit exemption. Exempts wood and timber processing facilities from having to obtain a landfill permit to store the wood waste byproduct. The exemption would be extended to only those facilities that are in compliance with all state and federal stormwater laws and regulations and those that had implemented a stormwater pollution prevention plan.
Patron - Carrico

F HB1963

Solid waste landfills; permit requirements. Exempts public service authority-owned or operated solid waste landfills from the permit requirements of (i) local government certification of consistency with all applicable ordinances, and (ii) local government host agreement certification when permit applications are for new or expanded solid waste landfills on property contiguous to existing permitted landfills owned or operated by such authority.
Patron - Carrico

F HB1970

Virginia Scenic River Board. Creates the Virginia Scenic River Board, eliminates the Virginia Scenic River Advisory Boards, corrects a mileage error related to the Staunton State Scenic River, designates the Historic Lower James River as a state scenic river, codifies the St. Mary's River as a river segment worthy of designation, and requires a report by the Department of Conservation and Recreation in 2009 to evaluate the effectiveness of the new state board. This bill is identical to legislation recommended by the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils and Other Governmental Entities pursuant to HJR 159 (2002). This bill is incorporated into HB 1627.
Patron - Athey

F HB2315

Environmental permit fees. Directs the Virginia Waste Management Board and the State Water Control Board to establish a schedule of fees that recovers the full costs for operating the solid and hazardous waste programs and the water programs. During the 2002 Session, legislation was enacted that directed the Virginia Waste Management Board to develop a new permit fee schedule 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 could increase more than 300 percent. That legislation also tripled the statutory caps on water permit fees. There was a July 1, 2004, sunset on this new fee structure. However, this new measure would do away with the sunset and impose a new fee structure that will make the waste and water programs self-sufficient by assessing permit holders the full cost of administering the programs.
Patron - Plum

F HB2375

Electronic equipment recycling program. Requires the Department of Environmental Quality to adopt regulations to provide for an electronic equipment recycling program. The bill requires the program to work with local governments and businesses in determining how to recycle electronic equipment and to promote recycling and donating electronic equipment. The bill also requires the Department, by July 1, 2004, to develop a list of electronic equipment and organizations that accept it for donation or recycling. Beginning July 1, 2004, the bill bans the disposal of cathode ray tubes in mixed solid waste, prohibits solid waste management facilities from accepting cathode ray tubes, and only allows disposal of cathode ray tubes in accordance with the Department's regulations. For purposes of this bill, "cathode ray tube" means an intact glass tube used to provide the visual display in televisions, computer monitors, oscilloscopes and similar scientific equipment, and "electronic equipment" means devices that contain complex circuitry, circuit boards or signal processing, and that contain hazardous materials that may pose a risk to public health or the environment if discarded as part of mixed solid waste or disposed of in a solid waste management facility. Electronic equipment includes, but is not limited to, cathode ray tubes, computers, televisions and cell phones. This bill is incorporated into HB 2376.
Patron - Moran

F HB2582

Conservation; State Forester. Allows the State Forester or any forest warden to file suit on a negligent party to collect the costs of fire suppression. Currently, the attorney for the Commonwealth is required to institute such action.
Patron - Armstrong

F HB2781

Chesapeake Bay Local Assistance Department. Authorizes the Chesapeake Bay Local Assistance Department to administer the Virginia Coastal Resources Management Program. The purpose of the program is to coordinate efforts by state agencies and Tidewater localities to develop and implement coastal policies. The Department is also empowered to administer the program's annual grant award received from the National Oceanic and Atmospheric Administration.
Patron - Dillard

F HB2783

Financial assurance for landfills. Requires the Virginia Waste Management Board, when calculating the amount to be set aside by an owner for assuring the proper closure of a landfill, to include the interest earned by an escrow account. Currently, those local governments using the financial test mechanism as the means of assuring they have enough funds to properly close their landfill have to meet a liquidity and debt service ratio. If these ratios are not met, the locality has to set the required amount aside in an escrow account; however, in calculating the amount to be set aside no credit is given for interest earned by the escrow account. This bill would include the amount of interest earned by the escrow account in calculating the amount to be set aside.
Patron - Kilgore

F SB886

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.
Patron - Ruff

F SB898

Diversion of property from open-space land use. Authorizes the conversion of certain real property in Chesterfield County from open-space land use for substituted other certain real property in Giles County.
Patron - Watkins

F SB1116

Chesapeake Bay Preservation Act. Abolishes the Chesapeake Bay Local Assistance Department and places responsibility for administering the Chesapeake Bay Preservation Act with the Department of Conservation and Recreation. The Chesapeake Bay Local Assistance Board continues as the policy-making board for implementation of the Chesapeake Bay Preservation Act.
Patron - Whipple

F SB1282

Revolutionary War cemeteries and graves. Allows associations that receive funds from the Commonwealth for the care of Revolutionary War graves to spend such funds for the maintenance of cemeteries and graves not specifically identified in the Code but otherwise identified as a Revolutionary War cemetery or grave. Currently, such associations or organizations may only spend these funds on cemeteries or graves set forth in statute.
Patron - Edwards

F SB1350

State park. Designates a site in the Seven Bends area of Shenandoah County as the John O. Marsh State Park.
Patron - Potts

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Conservation

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