General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Conservation

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

Conservation

Passed

P HB1499

Transporting of solid waste. Authorizes the Director of the Department of Environmental Quality to grant variances from the regulations that govern the commercial transportation of solid waste on Virginia waters. The conditions under which such variances can be granted include that the waste is nonhazardous, it is containerized so as to prevent the liquids, waste, and odors from escaping, and the amount of waste to be transported does not exceed 300 tons annually. This exemption would apply to the transportation of solid waste from the Town of Tangier to the landfill in Accomack County. This bill is identical to SB 1176.
Patron - Lewis

P HB1546

Solid waste management laws; penalty. Increases the maximum penalties for violations of the solid waste management laws from $25,000 to $32,500.
Patron - Frederick

P HB1602

Environmental permits for highway projects; timely review. Provides that any state agency, board, or commission that issues a permit required for a highway construction project pursuant to Title 10.1, 28.2, 29.1, or 62.1 of the Code of Virginia must, within 15 days of receipt of an individual or general permit application, review the application for completeness and either accept the application or request additional specific information from the Department of Transportation. The bill further provides that, unless a shorter period is provided for by law, regulation, or agreement, the state agency, board, or commission must, within 120 days of receipt of a complete application, issue the permit, issue the permit with conditions, deny the permit, or decide whether a public meeting or hearing is required by law. If a public meeting or hearing is held, it must be held within 45 days of the decision to conduct such a proceeding, and a final decision as to the permit must be made within 90 days of completion of the public meeting or hearing.
Patron - Fralin

P HB1790

Nutrient management plans. Requires state governmental entities that own or lease land upon which nutrients are applied to develop and implement a nutrient management plan by July 1, 2006. The plans are submitted to the Department of Conservation and Recreation for review and approval every three years. Each plan has to be developed by a certified nutrient planner. The Department may provide technical assistance to state governmental agencies in developing and implementing their plans and is authorized to charge a fee to cover a portion of the cost of the services rendered.
Patron - Cox

P HB1832

Vapor recovery equipment. Provides that any air pollution control regulation requiring the use of stage 1 vapor recovery equipment at gasoline dispensing facilities may be applicable only in areas that have been designated at any time by the U.S. Environmental Protection Agency as nonattainment areas for the pollutant ozone. Current regulations require the use of such equipment for those areas that have been designated at any time as nonattainment areas.
Patron - Parrish

P HB1890

Duties of district directors. Enumerates seven new responsibilities of soil and water conservation district directors, including: (i) identifying of soil and water issues; (ii) engaging in actions that will improve soil and water stewardship through the use of locally led programs; (iii) increasing understanding among community leaders of their role in soil and water quality protection and improvement; and (iv) participating in activities of the district and ensuring that district resources are used effectively and managed wisely.
Patron - Ware, R.L.

P HB2031

Mapping of inundation zones. Authorizes localities to map inundation zones for those areas that may be threatened by a break in a dam, and encourages localities to incorporate this information into their zoning and subdivision ordinances. The bill also authorizes the Director of the Department of Conservation and Recreation to award grants to assist with mapping and digitization of dam break inundation zones.
Patron - Miles

P HB2078

Virginia Antiquities Act; penalties. Authorizes the creation of the position of State Archaeologist, who shall assist the Director of the Department of Historic Resources in carrying out the agency's responsibilities.
Patron - Van Landingham

P HB2079

Virginia Historic Preservation and Museum Assistance Grant Program and Fund. Creates the Virginia Historic Preservation and Museum Assistance Grant Program and Fund within the Department of Historic Resources. The source of funding for the Fund will be from gifts, donations, grants, bequests, and other funds as may be appropriated. The Program will administer the Fund in order to provide grants to nonprofit organizations, localities, business entities, and individuals for the purpose of: (i) acquiring, rehabilitating, restoring, or interpreting historic properties; (ii) financing costs directly related to a rehabilitation or restoration project, which may include the costs of studies, surveys, plans and specifications, and architectural, engineering or other special services; or (iii) funding historic preservation education and promotion, including the research, survey, and evaluation of historic properties and the preparation of historic preservation planning documents and educational materials. The bill further provides that should no funds from any source be received in the fund by July 1, 2007, that the provisions of the bill shall expire.
Patron - Van Landingham

P HB2080

Appropriation of state funds for historic preservation. Sets July 1 of even-numbered years as the cutoff date for requests and completed applications for state aid, or amendments to requests, to be submitted to the Department of Historic Preservation for consideration. This bill adds "interpretation" of sites and facilities as a funding priority along with the maintenance and operation of such sites owned by historical organizations. This bill also establishes new requirements for organizations that apply for state aid, such as: (i) applicants must certify that they have read and acknowledged all information on how the grants will be administered and how funds will be disbursed, (ii) the purpose of the grant must be stated in the application and any change in scope of a project must be approved by the Department prior to implementation of any changes, (iii) documentation of matched funding and approved expenditures must be submitted with all requests for disbursements, (iv) the Department may require progress reports from each grant recipient, (v) expenditures of grant funds are subject to state procurement requirements, (vi) the Department must be given an opportunity to review the potential impact on any historic resources for new construction or ground disturbing activities funded by grants, and (vii) for capital projects, funds will be disbursed only as reimbursement for approved activities.
Patron - Plum

P HB2085

Jurisdiction of conservation officers and mutual aid agreements. Expands the jurisdiction of conservation officers and allows the Department of Conservation and Recreation to enter mutual aid agreements.
Patron - Shuler

P HB2086

Conservation officers. Grants conservation officers, as law-enforcement officers for the Department of Conservation and Recreation, the power to arrest without a warrant and also allows them to coordinate the investigation of felonies if requested by the chief law-enforcement officer of a locality. This bill deletes all references to conservation officers as conservators of the peace.
Patron - Shuler

P HB2192

Siting of landfills. Reduces the distance that a landfill can be sited from a surface water or a groundwater supply intake or reservoir from five miles to three miles. However, a landfill can be constructed as close as one mile from any existing surface or groundwater supply if the landfill meets certain conditions. The bill also increases the acreage threshold for allowing a landfill to be constructed or expanded in a nontidal wetland. Under the existing law, permits may be issued for the construction or expansion of a landfill that impacts less than 1.25 acres of nontidal wetlands. This bill would allow the issuance of a permit for a landfill that would impact less than two acres. The bill authorizes the Director of the Department of Environmental Quality to issue a permit for an expansion of a landfill located in a wetland only under certain specific conditions, such as the proposed site has to be at least 100 feet from any surface water body and one mile from any tidal wetland and that there is a minimum two-to-one wetlands mitigation ratio. This bill incorporates HB 2923.
Patron - Abbitt

P HB2212

The Natural Area Preservation Fund. Adds fees, lease proceeds, and funds accruing from the use or management of state natural area preserves acquired or held by the Department of Conservation and Recreation to the Natural Area Preservation Fund.
Patron - Dillard

P HB2440

Financial assurances for hazardous waste facilities. Directs any forfeited financial assurances for abandoned hazardous waste storage, treatment, or disposal facilities be paid to the Director of the Department of Environmental Quality to assure proper closure and maintenance of the facilities. This is similar to how financial assurances are structured in the solid waste program and the federal hazardous waste program. Current law provides that, should a facility fail to properly close a hazardous waste management facility, the financial assurances provided are available only to the locality to assure proper closure.
Patron - Saxman

P HB2459

Matching grants for the material restoration of a presidential home. Provides that certain material restoration work (i) that restores a historic home of a President of the United States located in Orange County to within the period of significance stated in the National Historic Landmark individual designation of such home and (ii) that is consistent with "The Secretary of the Interior's Standards for Restoration" shall be eligible for matching grants from the Commonwealth. The grant match shall equal $0.20 for each $1 in private contributions for the restoration that is actually expended or spent for the restoration work.
Patron - Ware, R.L.

P HB2464

Stream channel restoration. Provides a definition of natural channel design concepts and exempts stream restoration and relocation projects that incorporate these concepts from any flow rate capacity and velocity requirements for channels that are in the Erosion and Sediment Control Law regulations.
Patron - Rust

P HB2616

Inspection of dams. Authorizes the Soil and Water Conservation Board or its designees to enter any property at a reasonable time and under reasonable circumstances in order to perform their dam safety responsibilities, provided they make a reasonable effort to obtain the consent of the landowner. If the landowner does not allow entry, they may apply to the magistrate for a warrant.
Patron - Orrock

P HB2620

Forest regulations. Transfers current regulations that only pertain to the Department of Forestry's duties and powers, specifically the Virginia State Forest Regulations and the Virginia Reforestation of Timberlands Regulations, from the Department of Conservation and Recreation to the Department of Forestry.
Patron - Ingram

P HB2777

Capitalizing the Water Quality Improvement Fund. Appropriates $50 million from the general fund to the Water Improvement Quality Fund on July 1, 2005. The money is to be used solely to finance the costs of design and installation of biological nutrient removal facilities or other nutrient removal technologies at publicly-owned sewage systems. In addition, beginning July 1, 2005, the annual appropriations to the Fund provided from the 10 percent general fund surplus and the 10 percent of any unreserved general fund year-end balance will have a different distribution formula. Seventy percent of these moneys will be allocated to the Department of Conservation and Recreation to be used for the implementation of best management practices that reduce nitrogen and phosphorous nonpoint source pollution, and 30 percent will be allocated to the Department of Environmental Quality to make grants to significant dischargers and to treatment works that utilize the Public-Private Education Facilities and Infrastructure Act, to design and install state-of-the-art nutrient removal technology. The amount of financing available to the treatment facility for point source nutrient removal technologies, whether the source of funding is the 10 percent surplus and 10 unexpended balance, or the $50 million appropriation, will depend on the financial need of the community, which will be determined by comparing the annual sewer charges expended within the service area to the reasonable sewer costs established for the community. The bill also directs the chairman of the committees of oversight to develop recommendations for a permanent source of funding that will clean up the Chesapeake Bay and its tributaries, as well as other impaired waters outside the Bay watershed. This bill is identical to SB 810 and SB 1235.
Patron - Louderback

P HB2902

Watershed improvement districts. Requires a simple majority of the votes cast to pass a referendum held to create a watershed improvement district. Currently, at least two-thirds of the votes cast must be (i) in favor of the watershed improvement district and (ii) represent ownership of at least two-thirds of the land in the proposed district.
Patron - McDougle

P HB2937

Erosion and sediment control plans. Authorizes the Department of Conservation and Recreation to issue a special order to a locality that has not taken action to correct the manner in which it is administering its erosion and sediment control program. Those localities which have not initiated or implemented an approved corrective action agreement are subject to a civil penalty not to exceed $5,000 per day with the maximum amount not to exceed $20,000 per violation. Prior to issuing a special order, the Soil and Water Conservation Board is to conduct a formal hearing pursuant to the Administrative Process Act.
Patron - Dillard

P SB810

Capitalizing the Water Quality Improvement Fund. Appropriates $50 million from the general fund to the Water Improvement Quality Fund on July 1, 2005. The money is to be used solely to finance the costs of design and installation of biological nutrient removal facilities or other nutrient removal technologies at publicly-owned sewage systems. In addition, beginning July 1, 2005, the annual appropriations to the Fund provided from the 10 percent general fund surplus and the 10 percent of any unreserved general fund year-end balance will have a different distribution formula. Seventy percent of these moneys will be allocated to the Department of Conservation and Recreation to be used for the implementation of best management practices that reduce nitrogen and phosphorous nonpoint source pollution, and 30 percent will be allocated to the Department of Environmental Quality to make grants to significant dischargers and to treatment works that utilize the Public-Private Education Facilities and Infrastructure Act, to design and install state-of-the-art nutrient removal technology. The amount of financing available to the treatment facility for point source nutrient removal technologies, whether the source of funding is the 10 percent surplus and 10 percent unexpended balance, or the $50 million appropriation, will depend on the financial need of the community, which will be determined by comparing the annual sewer charges expended within the service area to the reasonable sewer costs established for the community. The bill also directs the chairman of the committees of oversight to develop recommendations for a permanent source of funding that will clean up the Chesapeake Bay and its tributaries, as well as other impaired waters outside the Bay watershed. This bill is identical to SB 1235 and HB 2777.
Patron - Williams

P SB842

Access roads and bikeways to historic sites. Involves the Director of the Department of Historic Resources in the Commonwealth Transportation Board's decision on construction and maintenance of access roads and bikeways to historic sites.
Patron - Deeds

P SB1088

Virginia Environmental Excellence Program. Codifies the existing environmental excellence program and gives the Air Pollution Control Board, the Virginia Waste Management Board, and the State Water Control Board the authority to approve alternative compliance methods, including but not limited to changes to monitoring and reporting requirements and schedules, streamlined submission requirements for permit renewals, the ability to make certain operational changes without prior approval, and other changes that would not increase a facility's impact on the environment. Such alternative methods would be available only to those facilities that have demonstrated a strong compliance record, and only if the proposed compliance method would (i) meet the purpose of the applicable regulatory standard, (ii) promote achievement of those purposes through increased reliability, efficiency, or cost effectiveness, and (iii) afford environmental protection equal to or greater than that provided by the applicable regulatory standard. The Governor's Environmental Excellence Awards shall be awarded each year to recognize participants in the Virginia Environmental Excellence Program.
Patron - Watkins

P SB1089

Environmental enforcement; civil penalties. Strengthens the Department of Environmental Quality's environmental enforcement programs by granting it the authority to impose civil penalties of up to $32,500 for each violation, not to exceed $100,000 per order, after a hearing before a hearing officer appointed by the Supreme Court if (i) the person has been issued at least two written notices of alleged violation by the Department for the same or substantially related violations at the same site and (ii) such violations have not been resolved by demonstration that there was no violation, by an order issued by the Board or the Director, or by other means, and (iii) at least 130 days have passed since the issuance of the first notice of alleged violation. The penalties would be subject to appeal. This bill also helps simplify water enforcement actions by allowing the Water Board to delegate approval of consent orders. It increases the maximum civil penalty for violations of the Air, Waste, and Water programs from $25,000 to $32,500.
Patron - Watkins

P SB1103

Chesapeake Bay Preservation Act. Eliminates the Chesapeake Bay Local Assistance Department and transfers responsibility for administration of the Chesapeake Bay Preservation Act to the Department of Conservation and Recreation. The bill reflects language in Item 382, Subsection J, of Chapter 4 of the 2004-2006 Appropriation Act enacted during the 2004 Session (Special Session I) that eliminated the Chesapeake Bay Local Assistance Department and transferred its responsibilities to the Department of Conservation and Recreation. The Chesapeake Bay Local Assistance Board continues as the policy board for administration of the Preservation Act.
Patron - Whipple

P SB1141

Foundation for Virginia's Natural Resources. Creates the Foundation for Virginia's Natural Resources to assist in developing and to encourage the nonregulatory conservation programs within the agencies of the Secretariats of Natural Resources and Agriculture and Forestry and to foster collaboration and partnerships among businesses, communities, and the Commonwealth's environmental enhancement programs. The Foundation will expire on July 1, 2007, if no moneys have been received in the Foundation's fund by that time.
Patron - Hanger

P SB1176

P SB1235

P SB1253

Virginia Recreational Facilities Authority; membership of the board of directors. Increases the membership of the board of directors of the Virginia Recreational Facilities Authority from 13 to 19. Of the new members, four are appointed by the Speaker of the House and two by the Senate Committee on Rules.
Patron - Bell

Failed

F HB1760

Solid waste disposal fees. Establishes a $1 per ton municipal solid waste disposal fee to be collected by localities in which municipal solid waste landfills are located. This bill directs the host localities to retain 50 percent of the moneys collected for the abatement of pollution caused by landfills or the improper management of waste, groundwater monitoring and cleanup, litter control, recycling, or for other waste-related purposes, including solid waste management operating fees. This bill also directs the host localities to remit 50 percent of all moneys collected to the Commonwealth to be deposited into the proposed Virginia Solid Waste Management and Clean-up Fund and the Water Quality Improvement Fund.
Patron - Dillard

F HB2290

Commission on Soil Quality Improvement. Establishes a 21-member Commission on Soil Quality Improvement. The purpose of the Commission is to evaluate the potential for adopting soil quality improvement approaches designed to address agricultural nonpoint source pollution control measures. Among the Commission's duties are to (i) evaluate the degree to which various approaches to improve soil quality will enable Virginia to cost-effectively meet water quality goals while improving the overall competitiveness of agriculture and agribusiness in the Commonwealth, (ii) recommend policies to the General Assembly to achieve soil improvements, and (iii) develop outreach programs to inform farmers on the environmental and economic benefits of adopting practices that improve soil quality.
Patron - Lingamfelter

F HB2493

Reimbursement of local monitoring of land application of sewage sludge. Provides that localities shall be reimbursed for all direct costs associated with testing and monitoring of the land application of sewage sludge.
Patron - Louderback

F HB2546

Severe nonattainment areas. Directs any electric generating facility in a severe nonattainment area to meet the following emission reduction requirements no later than January 1, 2009: (i) reduce aggregate sulfur dioxide emissions by at least 75 percent from levels allowed under full implementation of the federal Clean Air Act Phase II sulfur dioxide requirements, (ii) limit annual nitrogen oxide emissions to an amount no greater than 25 percent of the facility's 1997 nitrogen oxide emissions, and (iii) remove 99 percent of particulate matter PM10 and smaller from emissions as compared to the unit's emissions without environmental controls. Also, this bill prohibits any electric generating facility from operating after January 1, 2009, unless it has complied with the above emission reduction requirements or entered into a consent decree with the State Air Pollution Control Board or its designee, agreeing to cease operations by January 1, 2014.
Patron - Van Landingham

F HB2680

Water Quality Improvement Fund grants. Changes several of the criteria for prioritizing requests for funding from the Water Quality Improvement Fund. The bill removes the criterion that places a priority on the issuance of grants from the Fund for projects that exceed state or federal water quality requirements. The purpose of eliminating this condition regarding the awarding of grants is to ensure that grants may be awarded to assist wastewater treatment plants in meeting the new permit requirements that have been proposed by the State Water Control Board. The bill requires the Secretary of Natural Resources to include among the criteria used for prioritizing funding requests incentives for projects that are developed pursuant to the Public-Private Education Facilities and Infrastructure Act. The bill also establishes a formula for funding biological nutrient removal facilities and technologies using a sliding scale that is based upon the percentage of median household income that is expended for annual sewage charges within a given locality.
Patron - Lingamfelter

F HB2694

Clean stream fee. Requires localities to assess residences connected to a municipal sewer system, septic system, or other wastewater treatment system $52 per year, and industrial facilities connected to a municipal sewer system $1,200 per year. Localities are to develop criteria to exempt persons who can demonstrate financial hardship. The money collected is deposited into the Water Quality Improvement Fund and is to be disbursed for the design and installation of state-of-the-art nutrient removal technology and for agricultural best management practices. Each locality can withhold up to $50,000 or three percent of the money due to cover their administrative costs. The bill creates the 10-member Virginia Clean Streams Advisory Commission. The Commission's purpose is to review, comment, and advise the Departments of Environmental Quality and Conservation and Recreation on the implementation of the Virginia Clean Streams Act. This bill is identical to SB 1240.
Patron - Pollard

F HB2696

Water Quality Improvement Fund grants. Requires that at least 80 percent of the moneys in the Water Quality Improvement Fund be awarded in grants for the financing of the cost of design and installation of biological nutrient removal facilities or other nutrient removal technologies until such time when Virginia's surface waters meet applicable water quality criteria. Historically, moneys in the Fund have been allocated almost equally between point sources of pollution and nonpoint sources of pollution.
Patron - Pollard

F HB2742

Reduction of smokestack emissions. Establishes maximum limits for sulfur dioxide and nitrogen oxide emissions that are allowed to be released into the atmosphere from facilities with coal-fired electric generating units that produce at least 25 megawatts of electricity. These limits go into effect on May 1, 2011. Facilities located within 1,000 feet of an occupied dwelling or body of water must complete a refined modeling analysis to assess the effects of emissions from their facility on ambient concentrations of PM2.5, gaseous sulfur dioxide, and mercury in the area immediately surrounding the facility and compare them to established standards. This bill requires the Department of Environmental Quality to (i) develop a strategy to reduce mercury emissions from electric generating units and other sources and to conduct an analysis of the issues related to the development and implementation of standards and programs to control emissions of carbon dioxide (CO2) from coal-fired generating units and other stationary sources of air pollution; (ii) evaluate available control technologies; and (iii) estimate the benefits and costs of alternative strategies to reduce emissions of CO2.
Patron - Reid

F HB2798

Veterans of the War of 1812; care of graves. Sets forth the procedure for the disbursement and use of any funds appropriated by the General Assembly to the Society of the War of 1812 in the Commonwealth of Virginia to care for cemeteries, graves, monuments, and markers for veterans of the War of 1812.
Patron - Rust

F HB2922

Control program for unauthorized wastes. Establishes a program to protect the public health, safety, and welfare and the environment of the Commonwealth from the improper disposal of solid waste by directing landfills, transfer stations, incinerators, and waste-to-energy facilities to establish programs to ensure that only authorized types of solid waste are accepted at the facilities. This bill provides that any municipal solid waste landfill, transfer station, incinerator, or waste-to-energy facility may accept waste that was generated outside of the Commonwealth only if the owner or operator demonstrates that the state or the locality where the solid waste was generated has adopted standards to ensure that only wastes that meet the standards set by the Waste Management Board will be sent to the Commonwealth.
Patron - Morgan

F HB2923

Siting of landfills. Provides requirements and procedures for locating a landfill within the established buffer zones for water supply intakes or reservoirs and wetlands. This bill allows for the location of a new landfill within five miles, but not closer than one mile, of a public water supply if: (i) all other requirements of the Waste Management Act and the Resource Conservation and Recovery Act are met; (ii) the permit requires certain groundwater protection standards; and (iii) any other conditions required by the Director to protect against water contamination are met. This bill also allows for the location of a new landfill or the expansion of a landfill in a wetland if: (i) the proposed landfill site is at least one mile from any surface water body or tidal wetland; and (ii) the creation or restoration of a wetland in another location would provide enhanced wetlands benefits. Finally, this bill eliminates the exemption for landfills that impact less than 1.25 acres of nontidal wetlands, and provides that no additional localities will be granted an exemption for the siting of landfills unless the proponent submits to the Department of Environmental Quality an assessment of the potential impacts to public water supplies or wetlands, the need for the exemption, and the alternatives considered, and the information is made available for public review for at least 60 days prior to the first day of the Regular Session of the General Assembly. The bill grandfathers in the existing individual landfill siting exemptions. This bill has been incorporated into HB 2192.
Patron - Morgan

F SB697

Park fees exemption. Exempts any person who is renting or leasing a facility within a state park from having to pay an entrance or parking fee.
Patron - Reynolds

F SB937

Annual landfill fees. Exempts closed landfills that are owned or operated by localities and political subdivisions from having to pay the annual solid waste fees imposed by the Department of Environmental Quality.
Patron - Chichester

F SB1056

Chesapeake Bay Preservation Act. Expands the boundaries of the Chesapeake Bay Preservation Act to include the entire watershed of the Chesapeake Bay, not just Tidewater. The bill also includes provisions that reflect language in Item 382, Subsection J, of Chapter 4 of the 2004-2006 Appropriation Act enacted during the 2004 Session (Special Session I) that eliminated the Chesapeake Bay Local Assistance Department and transferred its responsibility for administration of the Chesapeake Bay Preservation Act to the Department of Conservation and Recreation.
Patron - Wagner

F SB1240

F SB1277

Agricultural and pasture land. Defines what constitutes agricultural and improved pasture under the Erosion and Sediment Control Act.
Patron - Bolling

F SB1317

Recycling of cell phones. Requires a retailer selling a cell phone to have in place by July 1, 2007, a system of acceptance and collection of used cell phones for reuse, recycling, or proper disposal. The bill requires the recycling system to include specific elements. Under the bill, on and after July 1, 2007, any cell phone retailer who sells a cell phone to a consumer without complying with the provisions of the bill may be subject to a civil penalty of up to $1,000. The Department of Environmental Quality is required on July 1, 2008, and each July 1 thereafter, to post on its website an estimated Virginia recycling rate for cell phones. The bill also calls for state agencies that purchase or lease cell phones to require prospective bidders to certify that they have complied with the recycling requirements.
Patron - Deeds

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Conservation

E-mail Webmaster