Environment & Water Resources
| Bills | Committee | Last action | Date |
| HB 66 - Marshall, R.G. - Incandescent light bulbs; creates procedure by which manufacturer may obtain a license from SCC. | (H) Committee on Commerce and Labor | (H) Subcommittee recommends laying on the table | 02/02/12 |
| 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 - Marshall, R.G. - Nonnavigable state waters; regulation exclusively by Commonwealth. | (H) Committee on Agriculture, Chesapeake and Natural Resources | (H) Assigned ACNRsub: Chesapeake | 01/23/12 |
| 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 - Englin - Renewable energy portfolio standard program; required participation of electric utility. | (H) Committee on Commerce and Labor | (H) Subcommittee recommends passing by indefinitely | 01/26/12 |
| 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 - Englin - Energy conservation; establishes statewide goal of reducing consumption of electric energy. | (H) Committee on Commerce and Labor | (H) Subcommittee recommends laying on the table | 01/26/12 |
| 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 - Morrissey - Plastic bags; imposes a tax of 20 cents on those used by purchasers. | (H) Committee on Finance | (H) Subcommittee recommends laying on the table | 01/20/12 |
| 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 - Kilgore - Electric utilities; purchases from net metering sellers. | (H) Committee on Commerce and Labor | (H) Read second time and engrossed | 02/03/12 |
| 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 - Knight - Nutrient credit certification; regulations. | (H) Committee on Agriculture, Chesapeake and Natural Resources | (H) Subcommittee recommends reporting with amendment(s) (6-Y 0-N) | 02/02/12 |
| 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 |
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| HB 231 - Cosgrove - Gas pipeline safety; information disclosures. | (H) Committee on Commerce and Labor | (H) Continued to 2013 in Commerce and Labor | 01/17/12 |
| 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 - Cosgrove - Renewable energy; expands definition to include landfill gas, etc. | (H) Committee on Commerce and Labor (S) Committee on Commerce and Labor | (S) Referred to Committee on Commerce and Labor | 01/26/12 |
| 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 - Knight - Forestry, Department of; use of methyl bromide gas fumigation. | (H) Committee on Agriculture, Chesapeake and Natural Resources | (H) Subcommittee recommends reporting with amendment(s) (6-Y 0-N) | 02/02/12 |
| 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 - Scott, E.T. - Dam safety; consultation with Department of Emergency Management. | (H) Committee on Agriculture, Chesapeake and Natural Resources | (H) Read second time and engrossed | 02/03/12 |
| 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 - Scott, E.T. - Environmental laboratory certification program; exempts certain laboratories. | (H) Committee on General Laws (S) Committee on General Laws and Technology | (S) Referred to Committee on General Laws and Technology | 01/30/12 |
| 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 - Hope - Invasive plants; Board of Agriculture and Consumer Services to adopt regulations to control. | (H) Committee on Agriculture, Chesapeake and Natural Resources | (H) Continued to 2013 in Agriculture, Chesapeake and Natural Resources | 02/01/12 |
| 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 - Cosgrove - Renewable energy; expands definition to include landfill gas. | (H) Committee on Commerce and Labor | (H) Stricken from docket by Commerce and Labor | 01/19/12 |
| 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 - Lopez - Green Public Buildings Act; created. | (H) Committee on General Laws | (H) Subcommittee recommends striking from docket | 02/02/12 |
| 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 - Scott, E.T. - Wetlands and streams; water protection permits, conditions for contribution to Board-approved fund. | (H) Committee on Agriculture, Chesapeake and Natural Resources | (H) Referred to Committee on Agriculture, Chesapeake and Natural Resources | 01/11/12 |
| 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 - Yost - Nuisance species; definition. | (H) Committee on Agriculture, Chesapeake and Natural Resources | (H) Subcommittee recommends reporting with amendment(s) (7-Y 0-N) | 02/01/12 |
| 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 - Minchew - Solid waste management plan; making such plans optional. | (H) Committee on Agriculture, Chesapeake and Natural Resources | (H) Subcommittee recommends reporting with amendment(s) (5-Y 2-N) | 02/01/12 |
| 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 - Lingamfelter - Nutrient management; funds for Voluntary Nutrient Managment Plan Program. | (H) Committee on Appropriations | (H) Assigned App. sub: Economic Development, Agriculture and Natural Resources | 02/03/12 |
| 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 - Lingamfelter - Alternative onsite sewage system; locality can not require owner to enter in performance agreement. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/17/12 |
| 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 - Ramadan - Land-disturbing activities; service of order for violation. | (H) Committee on Agriculture, Chesapeake and Natural Resources | (H) Printed as engrossed 12103315D-E | 02/03/12 |
| 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 - Hugo - Alternative onsite sewage system; owner exempt from requirements for operation and maintenance. | (H) Committee on Counties, Cities and Towns | (H) Assigned CC & T sub: #2 | 01/20/12 |
| 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 - Poindexter - Waterworks & Wastewater Works Operators & Onsite Sewage System Professionals, Board for; licensure. | (H) Committee on Health, Welfare and Institutions | (H) Read first time | 02/03/12 |
| 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 - Byron - Wetland and dredge and fill programs, federal; authorizes State Water Control Board to regulate. | (H) Committee on Agriculture, Chesapeake and Natural Resources | (H) Subcommittee recommends passing by indefinitely | 02/02/12 |
| 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 - Herring - Mandatory renewable energy portfolio standard program; Commission to study establishment for State. | (H) Committee on Rules | (H) Subcommittee recommends laying on the table | 01/26/12 |
| 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 - Poindexter - Land-disturbing activities; Secretary of Natural Resources to study modification of requirements. | (H) Committee on Rules | (H) Subcommittee recommends striking from docket | 02/02/12 |
| 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 - Byron - Wetlands; DEQ to study benefits and costs of seeking authority from USEPA to administer program. | (H) Committee on Rules | (H) Subcommittee recommends reporting (5-Y 0-N) | 02/02/12 |
| 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 - Stuart - Atlantic States Marine Fisheries Compact; removes authorization for State's membership. | (S) Committee on Finance | (S) Rereferred to Finance | 02/02/12 |
| 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 - Watkins - On-road clean screen program; vehicle emissions inspection. | (S) Committee on Transportation | (S) Stricken at request of Patron in Transportation (15-Y 0-N) | 02/01/12 |
| 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 - Watkins - Environmental laboratory certification program; exempts certain laboratories. | (S) Committee on Agriculture, Conservation and Natural Resources | (S) Read third time and passed Senate (38-Y 2-N) | 01/26/12 |
| 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 - Watkins - Nutrient credit certification; regulations. | (S) Committee on Agriculture, Conservation and Natural Resources | (S) Committee substitute printed 12105049D-S1 | 02/02/12 |
| 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 - Watkins - Environmental covenants; compliance with Uniform Environmental Covenants Act not required. | (S) Committee on Agriculture, Conservation and Natural Resources | (S) Reported from Agriculture, Conservation and Natural Resources with amendment (15-Y 0-N) | 02/02/12 |
| notes: Clarifies that compliance with the Uniform Environmental Covenants Act is not required. | |||
| SB 174 - Stuart - Stormwater program assistance; DCR to provide technical and staff assistance in managing. | (S) Committee on Agriculture, Conservation and Natural Resources | (S) Referred to Committee on Agriculture, Conservation and Natural Resources | 01/10/12 |
| 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 - Herring - Stormwater service district; allocation of revenues. | (S) Committee on Local Government | (S) Read third time and passed Senate (40-Y 0-N) | 01/23/12 |
| 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 - Reeves - Dam safety; consultation with Department of Emergency Management. | (S) Committee on Agriculture, Conservation and Natural Resources | (S) Passed Senate (40-Y 0-N) | 01/26/12 |
| 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 - Locke - Alcoholic beverage control; recycling for certain retail on-premises licensees required. | (S) Committee on Rehabilitation and Social Services | (S) Failed to report (defeated) in Rehabilitation and Social Services (3-Y 12-N) | 01/20/12 |
| 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 - Deeds - Alternative onsite sewage system; owner exempt from requirements for operation and maintenance. | (S) Committee on Local Government | (S) Referred to Committee on Local Government | 01/11/12 |
| 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 - Wagner - Air quality, water quality or solid waste permits; facilities upgrade. | (S) Committee on Agriculture, Conservation and Natural Resources | (S) Committee substitute printed 12104758D-S1 | 02/02/12 |
| 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 - Ruff - Air pollution; regulating emissions resulting from use of outdoor wood-burning heaters. | (S) Committee on Agriculture, Conservation and Natural Resources | (S) Read third time and passed Senate (22-Y 17-N) | 02/01/12 |
| 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 - Smith - Waterworks & Wastewater Works Operators & Onsite Sewage System Professionals, Board for; licensure. | (S) Committee on General Laws and Technology | (S) Referred to Committee on General Laws and Technology | 01/20/12 |
| 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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