Water in the 2012 Virginia General Assembly

The 2012 Virginia General Assembly session convened January 11, and all bills were to be filed by January 22.  In this document, Virginia Water Central lists water-related legislation from information provided by the Virginia Legislative Information System (LIS) Web site at http://leg1.state.va.us.  Please contact the Water Central editor, Alan Raflo (540-231-5463, or araflo@vt.edu) if you have questions about this service or suggestions for how it might work better for you.

The list here comes from the LIS categories indicated by sub-headings below; bill titles and brief summaries were also taken from LIS (edited in some cases for space or clarity).  Bills are listed under only one category, even if LIS listed them more than once.  The categories searched and the bills listed include all those with direct water relevance (such as bills in the “Water and Sewer Systems” category) as well as those with a potential or indirect relevance to water (such as bills dealing with land conservation and energy-efficiency, two activities that ultimately affect water resources).  Water Central’s list below does not necessarily include all bills that potentially could affect Virginia’s water resources.

       Within each category, bills are listed in order of their bill number, using the following abbreviations:  HB = bill started in House of Delegates; HJ = joint resolution started in the House; SB = bill started in the Senate; and SJ = joint resolution started in the Senate.

 

 

Current List of Water Related Bills

(as of February 16, 2012)

       Compilations for 2012 are as follows: first edition: January 27; current edition: February 16.  Unless otherwise noted, the status of bills listed below (right-hand column) is according to information available from the LIS Web site on February 16.

       Click on the bill numbers to access more detailed bill information at the Legislative Information System.

       Frequently used abbreviations: House ACNR = House Agriculture, Chesapeake, and Natural Resources committee; Senate ACNR = Senate Agriculture, Conservation, and Natural Resources committee; DCR = Virginia Department of Conservation and Recreation; DEQ = Virginia Department of Environmental Quality; DGIF = Virginia Department of Game and Inland Fisheries; SWCB = State Water Control Board; VDOT = Virginia Department of Transportation; VMRC = Virginia Marine Resources Commission.

 

BUDGET

 

HB29

Budget Bill.  Amendments to the 2010-2012 biennial budget. 

In House Appropriations.

HB30

 

Budget Bill.  Appropriations for the 2012-2014 biennium (July 1, 2012-June 30, 2014).

In House Appropriations.

SB29

 

Budget Bill.  Amendments to the 2010-2012 biennial budget. 

In Senate Finance.

SB30

 

Budget Bill.  Appropriations for the 2012-2014 biennium (July 1, 2012-June 30, 2014).

In Senate Finance.

 

 

CONSERVATION

 

 

Land Conservation Bills

 

HB 240

Amherst County; conveyance of certain property by Department of Conservation and Recreation.

Passed House and Senate.

HB 336

Virginia Land Conservation Fund; distribution of revenues not allowed to federal entities.

Passed House; in Senate Finance.

HB 456

Riparian forest tax credit; makes refundable.  Companion bill is SB 404.

Continued to 2013 in House Finance.

HB 908

Land preservation tax credit; provides for application for credits prior to any donation.

Continued to 2013 in House Finance.

HB 1113

Biscuit Run; DCR to negotiate land exchange of certain acres in Albemarle County.

Passed House; in Senate ACNR.

HB 1268

Land preservation tax credit; reduces from $100,000 to $50,000 the amount that may be claimed for taxable years 2012 and 2013.

Continued to 2013 in House Finance.

SB 123

Environmental covenants; limits the use of covenants under the Uniform Environmental Convenants Act to those situations in which all parties agree to use such a covenant.

Passed Senate; in House ACNR.

SB 183

Virginia Outdoors Foundation; exempted from paying clerk for remote access to land records.

Passed Senate; in House Courts of Justice.

SB 352

Land conservation tax credit; transfer allowed in event of death.

Failed in Senate Finance.

SB 355

Land preservation tax credits; Department of Taxation required to publish annually information about approved credits.

Passed Senate; in House Finance.

SB 403

Land preservation tax credit; increased for working farmers.

Continued to 2013 in Senate Finance.

SB 404

Riparian Forest Grant Program; created, sunset date for riparian forest tax credit.  (Substitute for original version)

Reported from Senate Finance.

 

Other Conservation Bills

 

HB 27

Residential energy-efficiency standards; exempts certain homes from federal legislation.

Passed House; in Senate ACNR.

HB 114

Cigarettes; deemed litter for purposes of criminal punishment for improper disposal of trash.

Failed in House Courts of Justice.

HB 239

Department of Forestry; use of methyl bromide gas fumigation in pre-seedling land preparation.  Companion bill is SB 126. 

Passed House; in Senate ACNR.

HB 291

Timber; property owners to send written notice to all adjoining property owners prior to cutting.

Failed in House ACNR.

HB 302

Environmental laboratory certification program; exempts certain laboratories.  Companion Bill is SB 52.

Passed House; in Senate General Laws and Technology.

HB 484

Court records; secure remote access to records includes locating technology to offsite facility as part of disaster-recovery plan.

Passed House; in Senate Courts of Justice.

HB 522

Statewide system of trails; use of wheelchairs or other power-driven mobility devices permitted in accordance with the federal Americans with Disabilities Act of 1990

Passed House; in Senate ACNR.

HB 758

Littering; defines and provides for penalties based on gravity of offense.

Failed in House Counties, Cities and Towns.

HB 926

Land records; Prince William allowed to authorize clerk to charge convenience fee.

Passed House; in Senate Courts of Justice.

HB 932

Voluntary Nutrient Management Plan Program; DCR to develop training and certification program(Substitute for original bill)

Passed House.

HB 995

Timber sales payments; limits payments to localities by Department of Forestry.  Companion bill is SB 428.

Passed House; in Senate ACNR.

HB 1009

Land-disturbing activities; service of order for disturbance without permit.  Specifies the means of serving an order for land disturbance where no plan has been approved or permit obtained, other than where an agricultural exemption applies.

Passed House; in Senate ACNR.

HB 1065

Erosion & Sediment Control, Stormwater, & Chesapeake Bay Preservation Acts; integration of programs.  Integrates elements of the Erosion and Sediment Control Act, the Stormwater Act, and Chesapeake Bay Preservation Act so that these regulatory programs can be implemented in a consolidated and consistent manner, resulting in greater efficiencies (one-stop shopping) for those being regulated. The bill also eliminates the Chesapeake Bay Local Assistance Board and places its responsibilities with the Virginia Soil and Water Conservation Board.  Companion bill is SB 407.

Passed House; in Senate ACNR.

HB 1210

Lawn maintenance fertilizer; directions for use required to list nitrogen-application rates.

Passed House; in Senate ACNR.

HB 1291

State government reorganization; Governor's reorganization of executive branch.  Water-related agencies recommended for changes (or elimination, in some cases), include Reforestation Board, Pesticide Control Board, Board for Professional Soil Scientists and Wetland Professionals, Board for Geology, Board of Surface Mining Review, Department of Environmental Quality’s environmental education function, Soil and Water Conservation Board’s oversight of the Municipal Separate Storm Sewer System Program, Virginia Scenic River Board, Boating Advisory Committee, Litter Control and Recycling Fund Advisory Committee, and Foundation for Virginia’s Natural Resources.  Companion bill is SB 678.

Passed House.

HJ 129

Chesapeake Bay Total Maximum Daily Load (TMDL); Attorney General to explore challenge to constitutionality of regulations by U.S. EPA.

Failed in House ACNR.

SB 52

Environmental laboratory certification program; exempts certain laboratories.  Companion Bill is HB 302.

Passed Senate; reported from House ACNR.

SB 126

Department of Forestry; use of methyl bromide gas fumigation in pre-seedling land preparation.  Companion bill is HB 239.

Passed Senate; reported from House ACNR.

SB 174

Stormwater program assistance; DCR to provide technical and staff assistance in managing.

Failed in Senate ACNR.

SB 357

Virginia Law Officers' Retirement System; adds conservation officers of DCR as members.

Continued to 2013 in Senate Finance.

SB 402

Nutrient Offset Fund; priority for funding for certain facilities.

Continued to 2013 in Senate ACNR.

SB 407

Erosion & Sediment Control, Stormwater, & Chesapeake Bay Preservation Acts; integration of programs.  Companion bill is HB 1065 (see that bill above for more detail).

Passed Senate; reported from ACNR.

SB 428

Timber sales payments; limits payments to localities by Department of Forestry.  Companion bill is HB 995.

Passed Senate; reported from ACNR.

SB 504

Air quality, water quality or solid waste permits; new permit requirement waived for facilities upgrades under certain conditions.

Passed Senate; in House ACNR.

SB 559

State forest lands; authority for various special use permits.

Passed Senate; in House ACNR.

SB 678

State government reorganization; Governor's reorganization of executive branch.  Companion bill is SB 678; please see that bill above for summary.

Passed Senate; in House General Laws.

 

 

DRAINAGE, SOIL CONSERVATION, SANITATION, AND PUBLIC FACILITIES DISTRICTS

 

HB 293

Dam safety; consultation with Department of Emergency Management required.  Companion bill is SB 253.

Passed House; in Senate ACNR.

HB 618

Soil and water conservation boards, local; authorizes appointment of members of board of directors, rather than election.

Failed in House ACNR.

SB 253

Dam safety; consultation with Department of Emergency Management required.  Companion bill is HB 293.

Passed Senate; reported from House ACNR.

SB 560

Dams and sanitation districts; authorizes board of supervisors to construct and maintain dams within district.

Passed Senate.

SB 629

Sanitation districts; commission expenses.

Passed Senate.

SB 672

Hampton Roads Sanitation District; amends enabling act regarding revenue bonds, liability insurance, etc.  Amends the sanitation district's enabling act by expressly permitting the Hampton Roads Sanitation District Commission to determine the rate of interest on revenue bonds, removing the six percent interest-rate cap for the sale of bonds, and allowing the Commission to refund revenue bonds at a higher interest rate than that at which they were issued where the Commission determines such a refund to be in the best interests of the District.  

Passed Senate.

 

EMINENT DOMAIN

 

HB 597

Eminent domain; definitions of lost profits and access.

Incorporated into HB 1035.

HB 1035

Eminent domain; lost profits and lost access.  Provides definitions for the terms "lost profits" and "lost access" and how to determine the amount of just compensation—which includes lost profits and lost access resulting from the taking—that must be paid for property taken by eminent domain.  Requires approval by voters of a Virginia Constitutional amendment.  Companion bill is SB 437.

Passed House.

HJ 3

(Added 2/16/12)

Constitutional amendment; taking or damaging of private property for public use (second reference).  The proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that the use is public.  Companion bill is SJ 3.

Passed House; in Senate Privileges and Elections.

SB 437

Eminent domain; lost profits and lost access.  Requires approval by voters of a Virginia Constitutional amendment.  Companion bill to HB 1035.

Passed Senate.

SB 653

Condemnation; proceedings generally.  Provides that lands may be condemned for certain specified uses, including the installation of electric utility lines or telephone lines, because those uses are inherently public uses when undertaken by a locality.

Passed Senate.

SJ 3

(Added 2/16/12)

Constitutional amendment; taking or damaging of private property for public use (second reference).  Companion bill is HJ 3 (see that bill above for summary).

Passed Senate; in House Privileges and Elections.

 

ENERGY CONSERVATION AND RESOURCES

 

HB 66

Incandescent light bulbs; encourages manufacture and use in Virginia and creates procedure by which manufacturer may obtain a license from SCC.

Failed in House Commerce and Labor.

HB 69

Renewable energy portfolio standard; required participation of electric utility in program, etc.

Failed in House Commerce and Labor.

HB 70

Energy conservation; establishes statewide goal of reducing consumption of electric energy.

Failed in House Commerce and Labor.

HB 105

Machinery and equipment recyclable materials; tax credit for those used to generate methane gas.

Failed in House Finance.

HB 232

Renewable energy; expands definition to include landfill gas, etc.

Passed House and Senate.

HB 236

Sales and use tax exemption for hurricane preparedness products and energy-efficient or water-efficient products; merging into one sales-tax holiday.

Failed in House Finance.

HB 312

Energy efficiency programs at electric and natural-gas utilities.  Identical to HB 894.  Companion bill is SB 493.

Failed in House Commerce and Labor.

HB 448

Net energy metering program; standby charges for customer-generators of electricity.   Revises 2011 legislation.  See related SB 582.

Failed in House Commerce and Labor.

HB 590

Renewable energy facilities; eligibility for incentives.  Would have established a requirement that electricity generated from renewable sources be generated from a facility located in the Commonwealth or off the Commonwealth's coastline in order to qualify as renewable energy for purposes of the renewable energy portfolio standard program.

Failed in House Commerce and Labor.

HB 645

Renewable energy; expands definition to include landfill gas.  Companion bill is SB 492.

Failed in House Commerce and Labor.

HB 657

Renewable energy portfolio standard program; adjusts mix of energy sources that qualify.

Failed in House Commerce and Labor.

HB 660

Solar photovoltaic power production projects; VDOT to lease space within highway rights-of-way.

Continued to 2013 in House Transportation.

HB 672

Distributed electric generation; community solar gardens created, and arrangements for power generated to be purchased as credits by utility.

Failed in House Commerce and Labor.

HB 883

Income tax credit for solar energy equipment systems.  See also similar HB 1170.

Continued to 2013 in House Finance.

HB 894

Energy efficiency programs at electric and natural-gas utilities.  Provides that an energy efficiency program proposed by an electric utility is in the public interest if the net present value of the benefits exceeds the net present value of the costs as determined by any three of four benefit cost tests.  Companion bill is SB 493. 

Passed House; substitute bill passed Senate.

HB 911

Renewable energy net-metering; requires SCC to establish a program of community net metering.

Failed in House Commerce and Labor.

HB 1017

Renewable energy portfolio standard program; eliminates Performance Incentive provision.

Failed in House Commerce and Labor.

HB 1102

Renewable energy portfolio standard program; credits for investments.  Allows any investor-owned electric utility that participates in the renewable energy portfolio standard program to meet up to 20 percent of an RPS Goal through certificates evidencing the utility's expenses in conducting research and development activities in Virginia related to renewable or alternative energy sources.  Companion bill is SB 413.

Passed House and Senate.

HB 1166

Renewable portfolio standard program; information required in reporting to State Corporation Commission.  Companion bill is SB 382.

Passed House and Senate.

HB 1170

Income tax credit for renewable energy.  See also similar HB 883.

Continued to 2013 in House Finance.

HB 1177

Virginia Energy Plan; adds to list of state's energy objectives the following: (i) ensuring an adequate energy supply and a Virginia-based energy production capacity; and (ii) minimizing the Commonwealth's long-term exposure to volatility and increases in world energy prices through greater energy independence.

Passed House; in Senate Commerce and Labor.

HB 1261

Energy and water sub-metering in campgrounds.

Passed House.

HJ 227

National energy policy; urging President of U.S. and Congress of U.S. to adopt.  Also includes language urging Congress to require cumulative impact assessment of Clean Air Act and Clean Water Act.

Passed House; in Senate Rules.

SB 382

Renewable portfolio standard program; information required in reporting to State Corporation Commission.  Companion bill is HB 1166.

Passed Senate; in House Commerce and Labor.

SB 413

Renewable energy portfolio standard program; credits for investments.  Companion bill is HB 1102; see that bill above for summary.

Passed Senate; in House Commerce and Labor.

SB 492

Renewable energy; expands definition to include landfill gas.  Companion bill is HB 645.

Passed Senate; in House Commerce and Labor.

SB 493

Energy efficiency programs at electric and natural-gas utilities.    Companion bill is HB 894; see that bill above for summary.

In Senate Commerce and Labor.

SB 582

Net energy metering; requirements stated in order for SCC to approve utility's proposed standby charge methodology.  See related HB 448.

Continued to 2013 in Senate Commerce and Labor.

SB 621

Energy efficiency data for state-owned buildings.

Reported from Senate General Laws and Technology; continued to 2013 in Senate Finance.

SB 627

Solar panels; removes ability of community associations to restrict by covenants passed prior to July 1, 2008.

Passed Senate.

 

FISHERIES AND HABITAT OF TIDAL WATERS

 

HB 40

Coastal primary sand dunes; standards for exemption from restrictions on bulkheads.

Passed House; in Senate ACNR.

HB 88

Menhaden harvest; removes carry-over of harvest levels over or under annual cap.

Failed in House ACNR.

HB 175

Duck blinds; limits placement by riparian landowners in Back Bay.

Passed House; in Senate ACNR.

HB 196

Haul seine nets; revised required mesh size for nets over 200 yards long and mechanically drawn.

Passed House; in Senate ACNR.

HB 238

Blue crabs; Marine Resources Commission to manage harvesting in Albemarle and Currituck counties.

Passed House.

HB 258

Commercial fishing piers; regulation of net fishing in the vicinity.

Failed in House ACNR.

HB 934

Bottomlands conveyed by special grant.  In private civil actions for trespass upon bottomlands alleged to have been conveyed by a special grant or compact, the bill would have established a presumption that such bottomlands are owned by the Commonwealth.  This presumption only applies in such an action and does not otherwise affect any person's property rights.  The plaintiff may rebut this presumption by establishing his ownership by a preponderance of the evidence.

Failed in House ACNR.

HB 1159

Shark fins; bans possession, sale, etc., with certain exceptions.

Failed in House ACNR.

HJ 50

Sea-level rise; Institute of Marine Science to study strategies to relative rise in Tidewater localities.  Companion bill is SB 76.

Passed House; in Senate Rules.

HJ 96

Summer flounder; requests Atlantic States Marine Fisheries Commission to allow harvest of smaller size that current 17.5-inch limit.

Passed House; in Senate Rules.

SB 18

Atlantic States Marine Fisheries Compact; removes authorization for Virginia’s membership.

Reported from Senate ACNR; continued to 2013 in Senate Finance.

SB 466

Menhaden management; authorizes Marine Resources Commission to adopt certain regulations.

Continued to 2013 in Senate ACNR.

SB 550

Oyster beds; adjustment of boundaries on Eastern Shore.

Passed Senate; in House ACNR.

SJ 75

Atlantic Menhaden; Marine Resources Commission to study implementing new requirements under the Atlantic States Marine Fisheries Commission’ amended Menhaden management plan.

Failed in Senate Rules (stricken at request of patron).

SJ 76

Sea-level rise; Institute of Marine Science to study strategies to relative rise in Tidewater localities; Senate amendment makes the study contingent on an appropriation by the 2012 General Assembly.  Companion bill is HJ 50.

Passed Senate.

 

GAME, INLAND FISHERIES, AND BOATING

 

Hunting on Sunday Bills

 

HB 369

Hunting; allows any person to hunt on private lands on Sunday, with permission of owner.

Failed in House ACNR.

HB 921

Hunting; allows person to hunt wild bird or wild animal on Sundays.

Failed in House ACNR.

HB 989

Hunting; removes prohibition to hunt on Sunday between hours of 2:00 p.m. and sunset.

Failed in House ACNR.

HB 1002

Hunting; allows person to hunt wild animal on Sunday, on private lands in certain counties.

Failed in House ACNR.

SB 464

Hunting; allows person to hunt any wild bird or wild animal on Sundays on private property or on state waters, except not within 250 yards of a house of worship.  Incorporated SB 151, SB 173, and SB 512.

Passed Senate; in House ACNR, where on Feb. 15 a subcommittee recommended tabling the bill.

 

Other Game, Inland Fisheries, and Boating Bills

 

HB 8

Vessel accident; requires passengers 18 years of age or older to report; penalty. (The original version set the requirement at 16 years of age.)  See related HB 12 and HB 118.

Passed House.

HB 12

Boating accident; operator of a vessel to report accident to law enforcement, notification to DGIF; penalty.  See related HB 8 and HB 118.

Failed in House Courts of Justice.

HB 118

Vessel accident; requires operator who damages property in a collision, etc., to report, penalty.  See related HB 8 and HB 12.

Failed in House Courts of Justice.

HB 145

Retail Sales and Use Tax on watercraft; removes $2,000 cap on amount of tax.

Failed in House Finance.

HB 150

Conservation police officers; Board to adopt regulations prohibiting hunting by an officer in areas the officer is assigned to patrol.

Failed in House ACNR.

HB 307

Rural Retreat Lake Park in Wythe County; DGIF to waive facility use permit fee.

Passed House; in Senate ACNR.

HB 381

Motorboat registration; changes expiration date.

Passed House; in Senate ACNR.

HB 538

Hunter education program; eliminates six full-time positions within DGIF that were to be dedicated to hunter education.

Passed House; in Senate ACNR.

HB 719

Hunting and fishing license, special; permanently disabled veteran purchase options.  See related HB 880.

Passed House; in Senate ACNR.

HB 855

Nuisance species; definition to include coyotes and feral swine.

Passed House; in Senate ACNR.

HB 880

Fishing license, special; established for partially disabled veterans.  See related HB 719.

Passed House; in Senate ACNR.

HB 1119

Wake surfing; allows persons to engage in this recreational activity.

Passed House; in Senate ACNR.

HB 1242

Dangerous wild animals; Class 1 misdemeanor to privately possess, sell, transfer, etc., certain wild animals, which are identified in the bill.  Companion bill is SB 477.

Continued until 2013 in House ACNR.

HB 1249

Duck blinds license; renewal date changed.

Continued until 2013 in House ACNR.

SB 17

Department of Game and Inland Fisheries officers; changes name of conservation police officers to game wardens.

Failed in Senate General Laws and Technology.

SB 25

Appointment of director of Department of Game and Inland Fisheries; authority removed from Board and given to governor.

Continued until 2013 in Senate ACNR.

SB 26

Conservation police officers; clarifies authority for stops and searches.

Reported from Senate Courts of Justice; failed on Senate floor.

SB 176

Department of Game and Inland Fisheries enforcement; removes jurisdiction to enforce fishing and boating laws in certain eastern Virginia waters.

Continued until 2013 in Senate ACNR.

SB 470

Sportfishing licenses, special combined; authority of DGIF and VMRC to set costs.

Passed Senate; in House ACNR.

SB 477

Dangerous wild animals; Class 1 misdemeanor to privately possess, sell, transfer, etc., certain wild animals, which are identified in the bill.    Companion bill is HB 1242.

Continued until 2013 in Senate ACNR.

 

WASTE DISPOSAL

 

HB 1076

Special use permit for waste-management activities.  Provides that a locality may require a special use permit for certain waste-management activities on agriculturally zoned property.

Passed House.

HB 564

Electric utility ratemaking incentives for using landfill gas generated at solid-waste facility.

Passed House; in Senate Commerce and Labor.

HB 913

Regional and local solid waste management plans; making such plans optional.

Passed House; in Senate ACNR.

SB 676

Recycling survey; requires solid waste planning units and localities to submit report every 4 years, instead of current annual requirement.

Passed Senate; in House ACNR.

 

WATER AND SEWER SYSTEMS

 

HB 199

Town of Onancock; liens for water and sewer charges.  Companion bill is SB 588.

Passed House; in Senate Local Government.

HB 567

Water and sewer services; provides for getting service in one name at residence with multiple users served by one meter.

Passed House.

HB 757

Town of Urbanna; liens for water charges.

Passed House; in Senate Local Government.

HB 760

Water and sewer system connection requirement; adds Gloucester County to those counties that may require.

Failed in House Counties, Cities, and Towns.

HB 942

Alternative onsite sewage system; locality cannot require owner to enter in performance agreement.

Failed in House Counties, Cities, and Towns.

HB 1071

Alternative onsite sewage system; criteria for exemption from requirements for operation and maintenance.  See similar SB 356.

Failed in House Counties, Cities, and Towns.

HB 1180

Nutrient removal by wastewater treatment facilities.  Authorizes the Virginia Public Building Authority to issue an additional $300 million in bonds to continue installing nutrient-removal technology in eligible wastewater treatment facilities to comply with the Chesapeake Bay Total Maximum Daily Load (TMDL) and the Watershed Improvement Plan.  These funds would complete projects at facilities under existing signed Water Quality Improvement Fund agreements and at additional eligible facilities that did not receive moneys from the original bonds issued in 2007.  Companion bill is SB 494.

Continued until 2013 in House Appropriations.

HB 1231

Onsite sewage systems; inspections and petition to Department of Health.

Passed House; reported from Senate Education and Health.

HB 1262

Board for Waterworks & Wastewater Works Operators & Onsite Sewage System Professionals; removes examination requirement for licensure for installers of conventional onsite sewage-systems who have certain, specified experience.  Companion bill is SB 662.

Passed House; in Senate General Laws and Technology.

SB 102

Water and waste authorities; liens.  Prohibits a water authority in some circumstances from establishing a lien against a landlord's property for a tenant's delinquent fees absent an agreement signed by the landlord permitting such recourse.

Passed Senate; in House Counties, Cities and Towns.

SB 356

Alternative onsite sewage system; criteria for exemption from requirements for operation and maintenance.  See similar HB 1071.

Failed in Senate Local Government.

SB 442

Onsite sewage systems design and inspection; establishes requirements for frequency of inspection.

Passed Senate; in House Health, Welfare and Institutions.

SB 494

Nutrient removal by wastewater treatment facilities.  Authorizes the Virginia Public Building Authority to issue an additional $378 million in bonds to continue installing nutrient-removal technology in eligible wastewater treatment facilities to comply with the Chesapeake Bay Total Maximum Daily Load (TMDL) and the Watershed Improvement Plan.  These funds would complete projects at facilities under existing signed Water Quality Improvement Fund agreements and at additional eligible facilities that did not receive moneys from the original bonds issued in 2007.  A portion of the bond revenues could also be used for combined sewer overflow projects in the Cities of Lynchburg and Richmond.  Companion bill is HB 1180.

Passed Senate.

SB 588

Town of Onancock; liens for water and sewer charges.  Companion bill is HB 199.

Passed Senate.

SB 662

Board for Waterworks & Wastewater Works Operators & Onsite Sewage System Professionals; removes examination requirement for licensure for installers of conventional onsite sewage-systems who have certain, specified experience.  Companion bill is HB 1262.

Passed Senate; in House General Laws.

 

WATERS OF THE STATE, PORTS AND HARBORS

 

HB 67

Nonnavigable state waters; defines “nonnavigable body of water”; regulation exclusively by Commonwealth.

Failed in House ACNR.

HB 80

Real property tax; assessment of wetlands. Requires the local assessing official to separately assess the fair market value of wetlands on real property, if requested by the property owner; also sets certain stipulations for assessment of value.

Passed House; in Senate Finance.

HB 176

Nutrient credit certification; regulations and expansion of program beyond Chesapeake Bay watershed.  Directs the Virginia Soil and Water Conservation Board to adopt regulations governing the certification of certain nutrient credits. Referring to Chesapeake Bay Total Maximum Daily Loads (TMDLs), the legislation sets out certain requirements of the regulations, directs the Department of Conservation and Recreation to establish an online registry of certified credits, and provides for enforcement and appeals. Companion bill is SB 77.

Passed House; in Senate ACNR.

HB 186

Sewage sludge land application; authorizes a locality to prohibit.

Continued to 2013 in House ACNR.

HB 510

Virginia ports; change in ownership to require approval by governor and General Assembly.

Failed in House Transportation.

HB 687

Virginia Resources Authority; designees by State Treasurer and State Health Commissioner for Authority’s Board of Directors.  Companion bill is SB 370.

Passed House; in Senate ACNR.

HB 799

Wetlands and streams; water protection permits, conditions for contribution to Board-approved fund in lieu of creating or restoring wetland acreage.  Companion bill is SB 410.

Continued to 2013 in House ACNR.

HB 1034

Interstate agreements and commissions; withdrawal of Virginia. Withdraws the Commonwealth from the Southern Growth Policies Agreement and the Education Commission of the States.  (Original version would also have withdrawn Virginia from the Interstate Commission on the Potomac River Basin.)  

Passed House; in Senate Rules.

HB 1158

Virginia Water Protection Permit and water-supply plan; issuance of permit by State Water Control Board to include consideration of state water-supply plan (with exception for lakes build to cooling at electric-generating facilities).

Passed House; in Senate ACNR.

HB 1183

Virginia Port Authority; amends several provisions governing conduct of business, including criteria for requiring an environmental impact statement for proposed projects.  Companion bill is SB 578.

Passed House.

HB 1218

Stream and wetland mitigation banks; combines the Tennessee River Basin and the Big Sandy River Basin into one river watershed for the purpose of establishing and operating a stream or wetland mitigation bank within the watershed.

Passed House; in Senate ACNR.

HB 1281

Wetland and dredge and fill programs, federal; authorizes State Water Control Board to regulate wetlands and dredge and fill programs that are currently also under the authority of the U.S. Army Corps of Engineers.   See related HJ 243.

Failed in House ACNR.

HJ 113

Interstate Commission on the Potomac River Basin (ICPRB); joint subcommittee to study State's withdrawal & effects upon source of drinking water, etc.  Companion bill is HJ 113.

Failed in House Rules.

HJ 131

Route 28; VDOT to study feasibility of extending across Potomac River into Maryland, etc.

Failed in House Rules.

HJ 243

Wetlands regulation; DEQ to study benefits and costs of seeking authority from U.S. EPA to administer program (under Section 404 of federal Clean Water Act).  See related HB 1281.

Passed House; in Senate Rules.

SB 77

Nutrient credit certification; regulations.  Companion bill is HB 176; see that bill above for summary.

Passed Senate; in House ACNR.

SB 370

Virginia Resources Authority; designees by State Treasurer and State Health Commissioner for Authority’s Board of Directors.  Companion bill is HB 687.

Passed Senate; reported from House ACNR.

SB 410

Wetlands and streams; water protection permits, conditions for contribution to Board-approved fund in lieu of creating or restoring wetland acreage.  Companion bill is HB 799.

Continued until 2013 in Senate ACNR.

SB 425

Inter-basin transfer of water resources; State Water Control Board to establish policies and requirements for obtaining a permit for such transfers.

Passed Senate; in House ACNR.

SB 509

State Water Control Board; powers and duties.  Amends the law establishing SWCB powers and duties to require that Virginia water-quality laws be no more restrictive than federal requirements.  (Currently, more stringent state regulations are allowed so long as the reasons for the more restrictive provisions are disclosed to the committees having oversight responsibilities.)

Failed in Senate ACNR (stricken at request of patron).

SB 578

Virginia Port Authority; amends several provisions governing the conduct of the Authority's business.  Extends until 2017 the international trade facility tax credit, the barge and rail usage tax credit, and the Virginia port volume increase tax credit.  Creates the Route 460 Corridor Interstate 85 Connector Economic Development Zone Grant Fund and Program to promote the use of the Port of Virginia.  Allows the Board to form a Maritime Advisory Council to provide advice and counsel to the Board.  Creates the Port Opportunity Fund for the development and implementation of marketing for the Port and to expand the use of the Virginia Port Authority facilities.  The Route 460 Corridor Interstate 85 Connector Economic Development Zone Grant Fund and Program are contingent upon an appropriation of funds effectuating the provisions of this bill.  Companion bill is HB 1183.

In Senate Finance.

SJ 96

Interstate Commission on the Potomac River Basin (ICPRB);

Establishes a joint subcommittee to study Virginia's withdrawal from the ICPRB and its effects upon the viability of the Potomac as a source of drinking water and other benefits.  Companion bill is HB 113.

Continued to 2013 in Senate Rules.

 

FROM MISCELLANEOUS CATEGORIES

 

HB 440

FROM HIGHWAYS, BRIDGES, AND FERRIES

Vessels; prohibits VDOT from prohibiting making fast to or lying alongside certain bridges.

Failed in House Transportation.

HB 889

FROM HIGHWAYS, BRIDGES, AND FERRIES

Tolls; payment with or without automated or electronic means for use of Midtown or Downtown Tunnels between Norfolk and Portsmouth.

Failed in House Transportation.

SB 145

FROM MINING

Coalbed methane drilling; pooling orders.

Failed in Senate ACNR (stricken at request of patron).

SB 152

FROM MINING

Virginia Gas and Oil Act; penalties for operating without permit, disregarding orders, etc.

Failed in n Senate ACNR.