General Assembly>Division of Legislative Services>Publications>Session Summaries>2006>Conservation

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Conservation

Passed

P HB47

Douthat State Park pilot program. Repeals Chapter 45 of the Acts of Assembly of 1992 which authorized the Department of Conservation and Recreation to develop a pilot program keeping Douthat State Park open throughout the year and evaluate such a program for other state parks. This act is no longer necessary as all Virginia state parks that are open are open throughout the year. Repeal of this act is recommended by the Virginia Code Commission.
Patron - Landes

P HB104

Scenic river. Designates the 37-mile segment of the Meherrin River that lies within Brunswick County a state scenic river. This bill is identical to SB 527.
Patron - Wright

P HB260

Hunting or trapping in state forests. Increases the fees to obtain a hunting permit or a trapping permit in a state forest from $10 to $15.
Patron - Abbitt

P HB341

Confederate cemeteries and graves. Increases the number of graves cared for by the Stonewall Confederate Memorial Association from 180 to 2,112.
Patron - Sherwood

P HB421

Solid waste management; permits-by-rule. Requires that permits for proposed solid waste management facilities or facility expansions be subject to analysis by the Director of the potential human health, environmental, transportation infrastructure, and transportation safety impacts and needs and an evaluation of comments by the host local government, other local governments and interested persons. The application for such permit must include certification from the locality that the new or expanded facility is consistent with the regional solid waste management plan or that the plan is in the process of being revised. Additionally, the bill requires that applications for permits-by-rule include a certification by the locality that the facility is consistent with the regional and local solid waste management plans.
Patron - Bulova

P HB447

Mercury switches in motor vehicles. Requires the removal of mercury switches in certain motor vehicles prior to their demolition. The bill authorizes the Virginia Solid Waste Management Board to adopt regulations concerning the criteria and standards for removal of mercury switches. This bill is identical to SB 88.
Patron - Ware, R.L.

P HB448

Litter control and recycling grants. Changes the formula for allocating litter control and recycling grants. The bill would increase the percentage of grants awarded to localities from the current 75 percent to 90 percent. The 20 percent of grants allocated to statewide and regional litter prevention recycling educational programs will be reduced to 5 percent and will be awarded to localities and nonprofits for litter prevention and recycling. Up to 5 percent of the litter prevention and recycling grants will be allocated for administrative expenses.
Patron - Ware, R.L.

P HB554

Burn pits. Requires the Department of Environmental Quality to develop the policies and procedures necessary to allow the burning of vegetative waste at landfills that have ceased accepting waste but have not been released from postclosure care requirements. The policies and procedures are to include measures that will protect public health and the environment.
Patron - Saxman

P HB596

Dam and flood assistance fund. Reconstitutes the current Flood Prevention and Protection Assistance Fund into the new Dam Safety, Flood Prevention and Protection Assistance Fund. The new fund will be used to make loans and grants to local governments and loans to private entities to finance the cost of implementing projects to prevent, reduce, or mitigate damages caused by flooding, to upgrade dams or impounding structures, and to fund flood prevention studies. The Virginia Resources Authority would administer and manage the fund, determining the interest rate and terms and conditions of any loan from the Fund in accordance with a memorandum of understanding with the Director of the Department of Conservation and Recreation. The language establishing the Fund is modeled after language creating the Virginia Resources Authority, the Virginia Water Facilities Revolving Fund, and the Virginia Water Supply Revolving Fund. This bill is identical to SB 624.
Patron - Sherwood

P HB597

Dam safety; penalties. Provides the Virginia Soil and Water Conservation Board and the Department of Conservation with the enforcement tools needed to ensure the safety of Virginia's dams, and includes due process procedures to protect dam owners. The Department is given the authority to monitor and inspect any alteration or construction of the dam. The bill imposes a Class 3 misdemeanor penalty on an owner who knowingly (i) operates, constructs, or alters a dam without the approval of the Department, or (ii) obstructs, hinders, or prevents the Virginia Soil and Water Conservation Board, or its agents from performing their dam safety duties. The Board also has the option of imposing civil penalties, not to exceed $25,000, for violations of the Dam Safety Act. The moneys collected from the imposition of civil penalties will be deposited in the Flood Prevention and Protection Assistance Fund.
Patron - Sherwood

P HB647

Solid waste management plans. Establishes a new regimen for credits that can be used in meeting a solid waste planning unit's recycling rate. Currently, a credit of one ton for each ton of recycling residue generated and deposited in a landfill, not to exceed one-fifth of the 25 percent requirement, is allowed in calculating the planning unit's recycling rate. This bill would not change the credit for recycling residue but, in addition, would extend a two percentage point credit for source reduction programs implemented within the planning unit, a ton-for-ton credit for solid waste material that is reused, and a ton-for-ton credit for any nonmunicipal solid waste material that is recycled. The current requirement that a planning unit maintain a minimum 25 percent recycling rate is reduced for less densely populated planning units or those with high unemployment rates. The bill stipulates that a planning unit not meeting its mandated recycling rate cannot be the sole reason for the denial of a permit or permit amendment for a new sanitary landfill, incinerator, or waste-to-energy facility. This bill is identical to SB 57.
Patron - Scott, E.T.

P HB684

Erosion control and stormwater definitions. Provides definitions of terms in the Erosion and Sediment Control and Stormwater Management Acts that clarify what are acceptable flow rates from storm runoff at sites where land development projects are occurring.
Patron - Rust

P HB804

Virginia Recreational Facilities Authority quorum. Reduces the number of members that constitutes a quorum for the Virginia Recreational Facilities Authority from 10 to seven.
Patron - Fralin

P HB1055

Air emission controls. Establishes a phased schedule for electric generating units in Virginia to reduce their emissions of sulfur dioxide, nitrogen oxide, and mercury. The Air Pollution Control Board is charged with promulgating the regulations that require specific numerical reductions in each pollutant. The bill allows regulated facilities to participate in the EPA administered cap and trade system; however, the Board can prohibit facilities in nonattainment areas from purchasing allowances in order to meet their NOx and SO2 obligations. The bill also requires the Board to adopt the Federal Clean Air Mercury Rule as well as adopt a state-specific rule for mercury. Under the state specific rule, smaller electric generating units would be able to participate in the trading program. The medium size systems (American Electric Power) would not be able to demonstrate compliance under the state-specific rule by purchasing credits, but would be (i) allowed to obtain credits from facilities within their system and within 200 km of the Virginia border and (ii) able to sell excess credits. Although large systems (Dominion Resources) would not be able to demonstrate compliance under the state-specific rule by purchasing credits, they would be able to sell excess credits and would be able to use credits from Virginia facilities within their system to demonstrate compliance. Dominion Resources would be required to demonstrate early reductions in NOx during 2007 and 2008, and these reductions can be banked or sold and used to demonstrate compliance in 2009. The Board is prohibited from imposing anything more stringent than the federal Maximum Achievable Control Technology rule for coke ovens for air toxics and steel smelters that accept scrap metal from automobile recycling subject to the mercury switch recycling program. Under the bill, the Department of Environmental Quality is required to conduct a detailed assessment of mercury deposition in Virginia to determine whether there is justification to undertake additional measures to control mercury emissions in Virginia. The Department's findings and recommendations are to be reported to the committees of oversight no later than October 15, 2008. This bill is identical to SB 651.
Patron - Reid

P HB1133

Air quality regulations. Allows retailers to sell existing inventories of consumer products that become the subject of restrictive regulation.
Patron - Cline

P HB1291

Historic landmarks. Clarifies that anything listed on the Virginia Landmarks Register is by definition a landmark. Thus, when used in reference to properties that have been registered, the term "landmark" includes a wide range of resources such as historic buildings, structures, objects, sites, and districts.
Patron - Saxman

P HB1454

Wetlands mitigation banks. Allows any person who has created and operates an approved wetlands mitigation bank in multiple jurisdictions to annually file erosion and sediment control specifications for wetlands mitigation projects with the Virginia Soil and Water Conservation Board. The Board has 60 days to approve the specifications. If no action is taken within 60 days the specifications are deemed approved. Projects that are not covered by general specifications will have to comply with the local erosion and sediment control program. This bill will not become effective unless a specific appropriation has been approved in the general appropriation act to support this activity.
Patron - Scott, E.T.

P SB52

Lease for Occoneechee State Park. Amends the 2004 Acts of Assembly to provide a two-year extension (until July 1, 2008) for the authority granted to the Department of Conservation and Recreation to amend a lease with the Secretary of the Army for the purpose of providing additional facilities, not to be operated by the Department, at Occoneechee State Park in Mecklenberg County.
Patron - Ruff

P SB57

Solid waste recycling rates. Establishes a new regimen for credits that can be used in meeting a solid waste planning unit's recycling rate. Currently, a credit of one ton for each ton of recycling residue generated and deposited in a landfill, not to exceed one-fifth of the 25 percent requirement, is allowed in calculating the planning unit's recycling rate. This bill would not change the credit for recycling residue but, in addition, would extend a two percentage point credit for source reduction programs implemented within the planning unit, a ton-for-ton credit for solid waste material that is reused, and a ton-for-ton credit for any nonmunicipal solid waste material that is recycled. The current requirement that a planning unit maintain a minimum 25 percent recycling rate is reduced for less densely populated planning units or those with high unemployment rates. The bill stipulates that a planning unit not meeting its mandated recycling rate cannot be the sole reason for the denial of a permit or permit amendment for a new sanitary landfill, incinerator, or waste-to-energy facility. This bill is identical to HB 647.
Patron - Reynolds

P SB82

Solid waste containers. Establishes specifications for the structural integrity of containers carrying nonhazardous solid waste on vessels operating in Virginia waters. The bill contains a specific water tightness test that these containers will have to meet.
Patron - Watkins

P SB88

Mercury switches in motor vehicles. Requires the removal of mercury switches in certain motor vehicles prior to their demolition. The bill authorizes the Virginia Waste Management Board to adopt regulations concerning the criteria and standards for removal of mercury switches. This bill is identical to HB 447.
Patron - Watkins

P SB274

Stormwater management; civil penalty. Requires localities located in Tidewater and those that are classified as an MS4 under the federal Clean Water Act to adopt a local stormwater management program in accordance with a schedule established by the Virginia Soil and Water Conservation Board. The locality is to adopt its stormwater program between 12 and 18 months after the effective date of the Board's regulation that establishes local program criteria and delegation procedures. Under current law these localities are to adopt a program by July 1, 2006. Any locality that isn't in Tidewater or classified as an MS4 can choose to administer its own program (seek delegation) within six months following the effective date of the regulation. The bill also increases the maximum fine for violation of the provisions of the stormwater law from a civil penalty of $25,000 to $32,500.
Patron - Whipple

P SB401

Department of Historic Resources; care of Confederate cemeteries and graves; Sons of Confederate Veterans - Virginia Division. Replaces the Oakwood Confederate Cemetery Trust, Inc. with the Sons of Confederate Veterans - Virginia Division, as the organization to receive funds from the Department of Historic Resources for the care of Confederate graves in Oakwood Cemetery, located in Richmond, Virginia.
Patron - Hanger

P SB409

Purchase of development rights. Authorizes the Virginia Land Conservation Foundation to award moneys from the Virginia Land Conservation Fund for purchase of development rights programs.
Patron - Hanger

P SB415

Prescribed burning. Extends the period in which prescribed burns of woods, brush, leaves, or other flammable material can occur. Currently, a prescribed burn can occur between February 15 and March 1. This bill will allow a prescribed burn to occur from February 15 through April 30.
Patron - Hanger

P SB462

Preservation of state-owned properties. Requires the Department of Historic Resources to develop a biennial report on the stewardship of state-owned properties. The report is to include a priority list of the Commonwealth's most significant state-owned properties, which are threatened with the loss of historic integrity or function, that are on or eligible for the Virginia Landmarks Register. The report is to be disseminated to affected state agencies. Each agency that owns property included in the report is required to consult with the Department within 60 days of receiving the report and decide on the possible designation of unlisted properties as well as determine the feasibility of upgrading threatened historic properties.
Patron - Devolites Davis

P SB527

Scenic river. Designates the 37-mile segment of the Meherrin River that lies within Brunswick County a state scenic river. This bill is identical to HB 104.
Patron - Ruff

P SB624

Dam and flood assistance fund. Reconstitutes the current Flood Prevention and Protection Assistance Fund into the new Dam Safety, Flood Prevention and Protection Assistance Fund. The new fund will be used to make loans and grants to local governments and loans to private entities to finance the cost of implementing projects to prevent, reduce, or mitigate damages caused by flooding, to upgrade dams or impounding structures, and to fund flood prevention studies. The Virginia Resources Authority would administer and manage the fund, determining the interest rate and terms and conditions of any loan from the Fund in accordance with a memorandum of understanding with the Director of the Department of Conservation and Recreation. The Director of Conservation and Recreation would make the decision on how the moneys in the Fund would be disbursed. The language establishing the Fund is modeled after language creating the Virginia Resources Authority, the Virginia Water Facilities Revolving Fund, and the Virginia Water Supply Revolving Fund. This bill is identical to HB 596.
Patron - Bell

P SB644

Water Quality Improvement Fund disbursements. Allows new or expanding publicly owned treatment works that are not defined as significant dischargers, but are subject to the State Water Control Board's new nutrient control requirements and will have to install nutrient removal technology, similar to the significant dischargers, to apply for matching grant moneys from the Water Quality Improvement Fund. Currently, only those plants that are defined as significant dischargers are eligible to receive grants from the Fund. The bill also authorizes the Department of Environmental Quality to utilize the Fund for design and installation of nutrient removal technologies. Currently, grants to sewage treatment facilities are allocated for two uses, with the larger portion used for biological nutrient removal facilities and other appropriate nutrient removal technologies, and the smaller portion being used for only state-of-the-art facilities. The bill would remove this state-of-the-art restriction on the smaller portion.
Patron - Watkins

P SB651

Failed

F HB14

Silviculture practices. Allows local government to fully regulate silviculture activity for land when the owner, or his agent, submits an application for a rezoning, conditional use permit, special use permit, or preliminary subdivision plan approval to convert from an agricultural or rural to a residential, commercial or industrial use. Currently local governments are limited in the regulation of silviculture practices until after the change in zoning or use occurs.
Patron - Cole

F HB345

Dam safety; penalties. Provides the Virginia Soil and Water Conservation Board and the Department of Conservation with the enforcement tools needed to ensure the safety of Virginia's dams, and includes due process procedures to protect dam owners. The bill exempts Department records on the operation of certain dams from disclosure under the Freedom of Information Act. It makes it illegal once a dam is designated as unsafe for an owner to refuse entry to state employees for the purpose of inspecting the dam or taking corrective action. The Department is given the authority to monitor and inspect any alteration or construction of the dam. The bill imposes Class 3 misdemeanor penalties as well as civil penalties for violations of the Dam Safety Act. The moneys collected from the imposition of civil penalties will be deposited in the Flood Prevention and Protection Assistance Fund.
Patron - Sherwood

F HB402

Virginia Invasive Species Council. Extends the sunset date of the Virginia Invasive Species Council from July 1, 2006, to July 1, 2011.
Patron - Marsden

F HB411

Reducing nutrient discharges. Requires every publicly owned sewage treatment facility serving a population of 55,000 or greater to meet its nutrient loading allocation for limiting its discharge of nitrogen and phosphorus by July 1, 2010. The facilities have the option of installing nutrient treatment technology or participating in the nutrient credit exchange program.
Patron - Marshall, R.G.

F HB754

Grandfathering unlined landfills. Allows landfills operating under a permit issued prior to March 15, 1993, to continue to accept trash until reaching their vertical limit only if the landfill has not closed or ceased accepting waste after October 9, 1993. Currently there is no requirement that the grandfathered area of the landfill be in continuous use since October 1993 to accept waste.
Patron - McEachin

F HB814

Uniform environmental covenant. Authorizes the Department of Environmental Quality to enter into environmental covenants with interest holders in real property that restrict the use of the real property. The covenants are intended to survive transfers of ownership interests in the land or operations of law that may otherwise terminate the covenant. The bill spells out the recordation process and notice to subsequent holders of interest. Prior held interests are not affected by the covenant.
Patron - May

F HB1193

Impact fees. Grants impact fee authority to localities with designated Chesapeake Bay Preservation areas. The authority includes impact fees for roads, schools and public safety. "Impact fee" is defined as a charge or assessment imposed against new development in order to generate revenue to fund or recover the costs of public facilities necessitated by and attributable to the new development. The value of any dedication, contribution, or construction from the developer for off-site road improvements, public safety facility improvements, and school facility improvements within the service area shall be treated as a credit against the impact fee.
Patron - Marshall, R.G.

F HB1471

Mercury emission controls. Prohibits the State Air Pollution Control Board from imposing mercury emission controls that (i) are more stringent than the federal Clean Air Mercury Rule or (ii) would be imposed earlier than necessary for Virginia to comply with the federal Rule. The bill also prohibits the Board from adopting any regulation or agreement that might restrict a facility's (source's) participation in the national mercury trading program. This bill was incorporated into HB 1055.
Patron - Saxman

F HB1519

Water bodies with perennial flow. Requires localities under the jurisdiction of the Chesapeake Bay Preservation Act to use the U.S. Geological Survey's designation of water bodies with perennial flow as the basis for delineating (i) the required components of Resource Protection Areas and (ii) the required stream components of Resource Protection Areas.
Patron - Marshall, R.G.

F SB238

Land conservation. Changes the formula for allocating moneys from the Virginia Land Conservation Fund. Currently, 75 percent of the Fund is allocated to four uses, with farmlands and forest preservation combined as one use and 25 percent is transferred to the Open-Space Lands Preservation Trust Fund. Under this bill 90 percent would be allocated to five uses, with farmlands preservation and forest preservation being separate categories and 10 percent transferred to the Open-Space Fund. In addition, the amount used to secure easements is reduced.
Patron - Ticer

F SB242

Reductions of air emissions. Establishes a phased schedule for all electric generating units in Virginia to reduce their emissions of sulfur dioxide, nitrogen oxide, and mercury. The Air Pollution Control Board is charged with promulgating the regulations that require specific numerical reductions in each pollutant. The bill also requires each electric generating unit that is located within 1,000 meters of an occupied dwelling or body of water to complete a modeling analysis assessing the effects of emissions from the facility on the surrounding area. This analysis is to be submitted to the Department of Environmental Quality, which shall review each report. The Department is required to implement a strategy to achieve reductions in mercury emissions. The Department also is to conduct an analysis of the issues related to development and implementation of standards and programs to control emissions of CO2 from stationary sources, which is to be submitted to the legislative oversight committees and the Board by November 1, 2008. This bill was incorporated into SB 651.
Patron - Ticer

Carried Over

C SB413

Recordation taxes; transfer to Virginia Water Quality Improvement Fund. Provides that $100 million of recordation taxes collected each year shall be transferred to the Virginia Water Quality Improvement Fund. The Comptroller shall credit the $100 million to the Fund after allocations have been made for the $40 million deposit to the U.S. Route 58 Corridor Development Fund and the $40 million distribution to counties and cities, as currently required under law.
Patron - Hanger

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2006>Conservation

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