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VAPA: Legislative Reports

2007 Legislative Session

Water Supply, Water Quality

Bills CommitteeLast actionDate
HB 66 - Toscano - Child and spousal support; court to appoint vocational expert to conduct testing and interviews. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0176)03/29/10
notes: Establishes a procedure by which a manufacturer of incandescent light bulbs (ILBs) in Virginia may obtain a license from the State Corporation Commission. Licensed manufacturers are required to distribute their light bulbs only within the Commonwealth. The license of any licensed manufacturer is subject to revocation or suspension if it violates such requirement or engages in other prohibited conduct. The Office of the Attorney General is authorized to represent, or assist in the representation of, any licensee in any action instituted by the federal government, or by any person acting pursuant to color of federal law, in which it is alleged that the licensee has violated any provision of federal law regulating the manufacture or sale of ILBs.
HB 67 - Toscano - Domestic relations cases; witness refusal to answer question on ground that it may self-incriminate. (H) Committee for Courts of Justice(H) Incorporated by Courts of Justice (HB14-Marshall, R.G.)01/22/10
notes: Asserts that isolated bodies of water that are not fed by or replenished perennial streams are to be considered nonnavigable waterways and, as such, are not subject to regulation by the U.S. Army Corps of Engineers or the U.S. Environmental Protection Agency under the federal Clean Water Act.
HB 69 - Carrico - Firearms, ammunition, etc.; those manufactured and retained in State not subject to federal law. (H) Committee on Militia, Police and Public Safety

(S) Committee for Courts of Justice
(S) Left in Courts of Justice03/08/10
notes: Requires each investor-owned electric utility and distribution cooperative to participate in a renewable energy portfolio standard program commencing with calendar year 2013. Under the program, each utility is required to generate renewable energy or to purchase renewable energy certificates, or both, in amounts that start in 2013 at three percent of the total electric energy sold in the base year of 2007 and that increase to 20 percent of such amount in 2020 and thereafter. Failure to meet the required percentages will result in the assessment of alternative compliance payments, which are to be paid into the newly created Virginia Sustainable Energy Fund. The measure provides that an investor-owned electric utility that was authorized to receive a performance incentive as a consequence of its participation in the renewable portfolio standard program as it existed prior to the effective date of this act shall continue to receive the incentive until the utility's next biennial rate review proceeding.
HB 70 - Carrico - Students, nonpublic school; participation in public school interscholastic programs. (H) Committee on Education(H) Incorporated by Education (HB926-Bell, Robert B.)02/08/10
notes: Establishes a statewide goal of reducing the consumption of electric energy within the Commonwealth, through energy conservation and efficiency actions taken by government, electric utilities, and retail customers, by 2025 to a level that is 19 percent less than the quantity of electricity that would reasonably be projected to be consumed in the Commonwealth in 2025 in the absence of such actions. The measure specifies percentages of the reductions in consumption that are to be attained through elements including energy performance improvements resulting from enhancements to the Statewide Building Code and appliance efficiency standards, improved energy performance of publicly-owned buildings, energy performance improvements in the industrial sector, and combined heat and power. Investor-owned utilities are required to address their energy efficiency and demand response management programs in their annual conservation reports. The measure also requires electric cooperatives to file assessments of impediments to their implementation of certain rate initiatives.
HB 124 - Purkey - Alcoholic beverages; penalty for possession of open container in a motor vehicle. (H) Committee on Militia, Police and Public Safety(H) Left in Militia, Police and Public Safety02/16/10
notes: Imposes a tax of 20 cents ($0.20) on plastic bags used by purchasers to carry tangible personal property purchased in grocery stores, convenience stores, or drug stores. Durable, reusable plastic bags and bags used for ice cream, meat, fish, poultry, leftover restaurant food, newspapers, dry cleaning, and prescription drugs are exempt from the tax. Retailers are allowed to retain five cents ($0.05) of the 20-cent ($0.20) tax or seven cents ($0.07) if the retailer has a customer bag credit program. Failure to collect and remit the tax will result in fines of $250, $500, and $1,000 for the first, second, and third and subsequent offenses, respectively.
HB 129 - Pollard - Land-disturbing activities; exempts certain activities from Erosion and Sediment Control Law. (H) Committee on Agriculture, Chesapeake and Natural Resources(H) Stricken from docket by Agriculture, Chesapeake and Natural Resources01/27/10
notes: Authorizes individual retail customers who are eligible customer-generators under Virginia's net energy metering program to purchase electricity provided 100 percent from renewable energy exclusively for their own consumption from a net metering seller. A net metering seller is a person, other than a utility or licensed supplier, that owns or operates a renewable energy electricity generation source on premises that is owned, leased, or otherwise controlled by an eligible customer-generator and sells the electricity generated from the renewable generation source exclusively to the eligible customer-generator under a power purchase agreement. This exception to the incumbent electric utility's exclusive service territory applies even if the utility offers an approved tariff for electric energy provided 100 percent from renewable energy.
HB 176 - Morrissey - Speed limits; provides for 70 mph on certain portions of I-95 and I-295. (H) Committee on Transportation(H) Incorporated by Transportation (HB856-Carrico)01/28/10
notes: Directs the Virginia Soil and Water Conservation Board to adopt regulations governing the certification of certain nutrient credits. Referring to the Chesapeake Bay Total Maximum Daily Load (TMDL), the legislation sets out certain requirements of the regulations, permits the Department of Conservation and Recreation to establish an online registry of certified credits, and allows municipal separate storm sewer systems to acquire and use credits under certain conditions.
SAME AS SB77
HB 231 - Dance - Interpleader of real estate escrows; suits shall go to district court in event of foreclosure. (H) Committee on General Laws

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0181)03/29/10
notes: Prohibits employees and members of the State Corporation Commission from disclosing to any person any investigative notes and other correspondence and information furnished in confidence by a public service company with respect to a gas pipeline safety inspection or investigation. The prohibition applies to information produced by, obtained by, or disclosed to any employee or member of the Commission before or after the measure's effective date.
HB 232 - Dance - Rental property; civil penalty imposed on certain property owners. (H) Committee on Counties, Cities and Towns(H) Left in Counties, Cities and Towns02/16/10
notes: Expands the definition of renewable energy to include landfill gas. The measure also provides that the RPS Goals under the renewable energy portfolio standard program may be composed of renewable thermal energy equivalents. A renewable thermal energy equivalent is the thermal energy output from a renewable-fueled combined heat and power generation facility that is (i) constructed, or renovated and improved, after January 1, 2012, (ii) located in the Commonwealth, and (iii) utilized in industrial processes other than the combined heat and power generation facility, where thermal energy is expressed as an equivalent number of megawatt hours.
HB 239 - Janis - Animal protection officers; powers of those in localities with county manager form of government. (H) Committee on Militia, Police and Public Safety

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0621)04/11/10
notes: Directs the Department of Forestry's forest tree nurseries to continue to use methyl bromide gas fumigation in their pre-seeding land preparation under the U.S. Environmental Protection Agency's listed usage exemption QPS (Quarantine & Pre-Shipment). The bill also authorizes the Department of Agriculture and Consumer Services to issue a phytosanitary certificate or a permit verifying that shipments of conifers and hardwood seedlings are free of pests and diseases.
HB 293 - Griffith - Circuit courts and judges; clarifies authority. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(H) Failed to pass in House03/14/10
notes: Requires the Soil and Water Conservation Board to consult with the Department of Emergency Management in implementing the dam safety program, and makes clarifying amendments.
HB 302 - O'Bannon - Retail Sales and Use Tax; exemption for certain computer equipment and enabling software. (H) Committee on Finance

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0826)04/21/10
notes: Exempts laboratories from the Division of Consolidated Laboratory Services' environmental certification program when the laboratories are using the protocols established by the Department of Conservation and Recreation's voluntary nutrient management training and certification program in determining soil fertility, animal manure nutrient content, or plant tissue nutrient uptake.
HB 396 - Lohr - Water and wastewater utilities; delinquent payment of rates and charges. (H) Committee on Counties, Cities and Towns(H) Left in Counties, Cities and Towns02/16/10
notes: Instructs the Board of Agriculture and Consumer Services to adopt regulations for the control of invasive plants. The bill classifies invasive plants as belonging to one of two tiers, depending upon whether the plant is widely disseminated in Virginia. Any activity involving a tier 1 invasive plant would be prohibited without written approval, while the provision of tier 2 invasive plants to consumers by nurseries and landscaping services would be permitted if the provider were to clearly identify the plants as tier 2 invasive plants.
HB 645 - Armstrong - Enterprise zone job creation grants; business firm is eligible for up to five years for each grant. (H) Committee on Appropriations(H) Left in Appropriations02/16/10
notes: Expands the definition of renewable energy to include landfill gas. The measure also provides that the RPS Goals under the renewable energy portfolio standard program may be composed of renewable thermal energy equivalents. A renewable thermal energy equivalent is the thermal energy output from a renewable-fueled combined heat and power generation facility that is (i) constructed, or renovated and improved, after January 1, 2012, (ii) located in the Commonwealth, and (iii) utilized in industrial processes other than the combined heat and power generation facility, where thermal energy is expressed as an equivalent number of megawatt hours.
HB 788 - Villanueva - HOV lanes; allows certain military personnel to use in Hampton Roads regardless of passengers. (H) Committee on Transportation(H) Incorporated by Transportation (HB759-Stolle)02/04/10
notes: Requires public bodies entering the design phase for construction of a new building greater than 7,500 gross square feet in size, or renovating such a building where the cost of renovation exceeds 75 percent of the value of the building, to build to either the LEED Silver or Green Globes two globe standard. Exemptions from the requirement may be granted by the Director of the Department of General Services for state construction projects or by the governing body of a locality or school board for local projects. The bill provides for a delayed effective date for localities of July 1, 2013.
HB 799 - Greason - School calendar; local school boards responsible for determining opening of school year. (H) Committee on Education(H) Left in Education02/16/10
notes: Requires as a condition for contribution to a State Water Control Board-approved fund, in lieu of creating or restoring compensatory wetland or stream acreage, either a showing that sufficient compensatory mitigation bank credits are unavailable or that the Board has determined that unique circumstances exist.
HB 855 - Poindexter - Sex offender registry; Internet registry information system to include person wanted for crime. (H) Committee on Militia, Police and Public Safety(H) Left in Militia, Police and Public Safety02/16/10
notes: Includes game animals and fur-bearing animals in the definition of "nuisance species." The current definition of "nuisance species" excludes such animals.
HB 913 - Bell, Robert B. - Victims of crime; may visit perpetrator in prison facility. (H) Committee on Militia, Police and Public Safety

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0844)04/21/10
notes: Removes the mandate that a governing body develop and implement a regional or local solid waste management plan, making such plans optional.
HB 932 - Bell, Robert B. - Identity theft; distribution of information acquired through theft is a Class 4 felony. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/16/10
notes: Directs up to 10 percent, but not more than $150,000 annually, from the Natural Resources Commitment Fund to the Department of Conservation and Recreation's Nutrient Management Training and Certification Fund for the development and support of the Voluntary Nutrient Management Plan Program. Specifically, the funds will be used to develop web-based planning software and training materials for those implementing nutrient management plans on their lands.
HB 942 - Abbitt - Charitable gaming; limits authority of VDACS to revoke permits. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0711)04/13/10
notes: Provides that a locality shall not require the owner of an alternative onsite sewage system to enter into a performance agreement with the locality or otherwise require the owner of an alternative onsite sewage system to post with the locality a sum of cash, a letter of credit, or a bond.
HB 1009 - Athey - Drug possession case; person placed on probation violating probation shall have no right of appeal. (H) Committee for Courts of Justice(H) Continued to 2011 in Courts of Justice02/03/10
notes: Specifies the means of serving an order for disturbance without an approved plan or required permit. Current law refers only to an order for a failure to comply with a plan or permit.
HB 1071 - Athey - Urban development; sets certain densities in areas according to population of locality. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0528)04/11/10
notes: Provides that the owner of an alternative onsite sewage system installed prior to January 1, 2010, with flows of less than 1,000 gallons per day serving a church or an individual single-family dwelling occupied by such owner shall be exempt from the requirements for the operation and maintenance of the alternative onsite sewage system contained in State Board of Health regulations. The provisions of this act shall expire on July 1, 2014.
HB 1262 - Surovell - Absentee voting procedures; deletes certain requirements. (H) Committee on Privileges and Elections(H) Left in Privileges and Elections02/16/10
notes: Removes conventional sewage system installers from the requirement to be licensed by the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals. Alternative septic system installers and alternative and conventional onsite soil evaluators are still required to be licensed.
HB 1281 - Ingram - Appomattox State Scenic River; increases length of portion thereof designated as scenic river. (H) Committee on Agriculture, Chesapeake and Natural Resources(H) Continued to 2011 in Agriculture, Chesapeake and Natural Resources02/10/10
notes: Authorizes the State Water Control Board to assume full responsibility for regulating wetlands and dredge and fill programs that are currently also under the authority of the U.S. Army Corps of Engineers. The bill will would eliminate dual permitting requirements. The U.S. Environmental Protection Agency would have to determine whether Virginia has the authority to administer the individual and general permit program under § 404 of the Clean Water. Act
HJ 27 - Purkey - Health care, indigent; Joint Commission on Health Care to study. (H) Committee on Commerce and Labor

(S) Committee on Rules
(H) Bill text as passed House and Senate (HJ27ER)03/11/10
notes: Directs the Commission on Electric Utility Regulation to study the establishment of a mandatory renewable energy portfolio standard program for the Commonwealth. The study will (i) address issues associated with transitioning from the existing voluntary renewable energy portfolio standard program to a mandatory program, (ii) determine the costs and benefits that would be associated with requiring electric utilities to meet varying levels of renewable energy portfolio standard goals, (iii) recommend measures to address electric utilities that do not meet the program's goals, and (iv) determine if it is feasible and advisable to require that all electric utilities in Virginia participate in a mandatory renewable energy portfolio standard program.
HJ 137 - Cosgrove - Honor and Remember Flag; State's emblem of service and sacrifice by members of U.S. Armed Forces. (H) Committee on Rules

(S) Committee on Rules
(H) Bill text as passed House and Senate (HJ137ER)03/05/10
notes: Requests the Secretary of Natural Resources to study the possibility that regulatory requirements may be modified to alleviate the cost and time required to pursue land-disturbing activities in Virginia, such as by eliminating, modifying, or delaying the applicable regulations, permitting requirements, and licensing requirements.
HJ 243 - McQuinn - Commending the Richmond City Promise Neighborhood Initiative.  (H) Bill text as passed House and Senate (HJ243ER)02/19/10
notes: Requests the Department of Environmental Quality to study the benefits and costs of seeking authority from the U.S. Environmental Protection Agency to administer the § 404 permitting program under the federal Clean Water Act.
SB 18 - Lucas - License plates, special; issuance to supporters of Virginia Kids Eat Free program, etc. (H) Committee on Transportation

(S) Committee on Transportation
(G) Acts of Assembly Chapter text (CHAP0776)04/21/10
notes: Removes authorization for Virginia's membership in the Atlantic States Marine Fisheries Compact. The purpose of the Compact is to promote better utilization of the marine, shell, and anadromous fisheries of the Atlantic seaboard through the development of a joint program for the promotion and protection of such fisheries and by the prevention of the physical waste of the fisheries from any cause. If any state desires to remove itself from the Compact, it must send a six months' notice in writing to the member states of its intention to withdraw from the Compact.
SB 46 - Stuart - Special education program for children with disabilities; recovery of attorney fees. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0447)04/11/10
notes: Includes the on-road clean screen program and on-road emissions inspections as comparable equipment and devices to satisfy emissions inspections in the Commonwealth. The bill contains technical amendments.
SB 52 - Martin - Police dogs; authority to sell dogs trained therefor. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0714)04/13/10
notes: Exempts laboratories from the application of the environmental laboratory certification program when testing to determine soil fertility, animal manure nutrient content, or plant tissue nutrient uptake.
SB 77 - Reynolds - School calendar; removes restrictions for post-Labor Day school opening. (H) Committee on Education

(S) Committee on Education and Health
(H) Left in Education03/14/10
notes: Directs the Virginia Soil and Water Conservation Board to adopt regulations governing the certification of certain nutrient credits. Referring to the Chesapeake Bay Total Maximum Daily Load (TMDL), the legislation sets out certain requirements of the regulations, permits the Department of Conservation and Recreation to establish an online registry of certified credits, and allows municipal separate storm sewer systems to acquire and use credits under certain conditions.
SB 123 - Petersen - Stormwater management; developer of single lot to provide where redevelopment is proposed. (S) Committee on Local Government(S) Left in Local Government02/16/10
notes: Clarifies that compliance with the Uniform Environmental Covenants Act is not required.
SB 174 - Deeds - Retail Sales & Use Tax; exempts solar thermal systems, etc., purchased for installation on property. (H) Committee on Appropriations

(S) Committee on Finance
(H) Left in Appropriations03/14/10
notes: Requires the Department of Conservation and Recreation, if requested by a local government, to provide technical and staff assistance in managing the local stormwater municipal separate storm sewer system (MS4) program.
SB 227 - Barker - Irrigation systems; installation of an outdoor automatic sprinkler in state-owned buildings. (H) Committee on Appropriations

(S) Committee on General Laws and Technology
(H) Left in Appropriations03/14/10
notes: Allows a town located within a stormwater service district to retain any revenues collected by the service district within the town, so long as the town maintains its own MS4 permit.
SB 253 - Reynolds - School calendar; requirement that school begin after Labor Day may be waived by Board of Education. (H) Committee on Education

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0049)03/08/10
notes: Requires the Soil and Water Conservation Board to consult with the Department of Emergency Management in implementing the dam safety program, and makes clarifying amendments.
SB 288 - Deeds - Security for Public Deposits Act; includes school activity funds in definition of public deposits. (S) Committee on General Laws and Technology(S) Stricken at request of Patron in General Laws and Technology (15-Y 0-N)01/27/10
notes: Authorizes any locality to adopt an ordinance requiring any retail on-premises wine and beer licensee to separate, store, and provide for the collection for recycling of all glass alcoholic beverage containers sold by the licensee.
SB 356 - Obenshain - Child visitation; court may order ignition interlock system installed on vehicle of certain parents. (S) Committee for Courts of Justice(S) Left in Courts of Justice02/16/10
notes: Provides that the owner of an alternative onsite sewage system installed prior to January 1, 2012, in any county with a population density of 50 persons per square mile or less, that serves an individual single-family dwelling shall be exempt from the requirements for the operation and maintenance of the alternative onsite sewage system contained in certain Board of Health regulations.
SB 504 - Smith - Abortion; any person who forces or coerces pregnant female to have is guilty of Class 1 misdemeanor. (S) Committee on Education and Health(S) Failed to report (defeated) in Education and Health (5-Y 10-N)02/11/10
notes: Allows operators of facilities that hold air quality, solid waste, or water quality permits to install new technology, equipment, or other apparatus at the permitted facility without having to obtain a new, modified, or amended permit so long as they can demonstrate that the new technology will result in increased energy efficiency and improved environmental conditions.
SB 641 - Reynolds - Rabies vaccination certificates; removes responsibility from treasurer. (S) Committee on Agriculture, Conservation and Natural Resources(S) Passed by indefinitely in Agriculture, Conservation and Natural Resources (13-Y 2-N)02/01/10
notes: Requires the Air Pollution Control Board to develop a model ordinance for localities that could be used, at the discretion of the locality, to regulate air pollution emissions resulting from the use of outdoor hydronic heaters such as residential wood-fired boilers.
SB 662 - Hanger - Short-term rental property; local government to exempt person engaged in rental business. (S) Committee on Finance(S) Incorporated by Finance (SB355-Obenshain) (15-Y 0-N)02/03/10
notes: Removes conventional sewage system installers from the requirement to be licensed by the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals. Alternative septic system installers and alternative and conventional onsite soil evaluators are still required to be licensed.
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