Legislative Reports: Water Supply, Water Quality


 
Bills Committee Last action Date
HB 148 - Cole - Stormwater management program; includes enlargement, improvement and maintenance of dams. (H) Committee on Counties, Cities and Towns
 

(S) Committee on Local Government
(G) Approved by Governor-Chapter 11 (effective 7/1/06) 02/23/06
notes: Provides that income derived from stormwater control program service charges shall be dedicated special revenue and may be used only to pay or recover costs for specified purposes, including the improvement or maintenance of dams, whether publicly or privately owned, that serve to control stormwater.
HB 552 - Saxman - Regional water supply plans; allows town to enter into with an adjacent county. (H) Committee on Agriculture, Chesapeake and Natural Resources
 

(S) Committee on Agriculture, Conservation and Natural Resources
(G) Approved by Governor-Chapter 18 (effective 7/1/06) 02/23/06
notes: Allows a town to enter into a regional water supply plan with an adjacent county.
HB 596 - Sherwood - Flood Prevention and Protection Assistance Fund; Fund includes dam safety, report. (H) Committee on Appropriations
 

(S) Committee on Finance
(H) Enrolled 03/15/06
notes: 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.
HB 684 - Rust - Erosion & Sediment Control & Stormwater Management Acts; clarifies acceptable flow rates. (H) Committee on Agriculture, Chesapeake and Natural Resources
 

(S) Committee on Agriculture, Conservation and Natural Resources
(G) Approved by Governor-Chapter 21 (effective 7/1/06) 02/23/06
notes: 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.
HB 963 - Bulova - Income tax, state; agricultural best management practices tax credit. (H) Committee on Finance
 

(S) Committee on Finance
(S) Signed by President 03/08/06
notes: Adds taxpayers who have equines that create needs for agricultural best management practices to those who are engaged in agricultural production for market who may qualify for the agricultural best management practices tax credit, for taxable years beginning on or after January 1, 2007.
HB 1134 - Cline - Sewage sludge; Bd. of Health to promulgate regulations establishing fee imposed on permit holders. (H) Committee on Agriculture, Chesapeake and Natural Resources
 

(S) Committee on Agriculture, Conservation and Natural Resources
(S) Signed by President 03/02/06
notes: Requires the Board of Health to promulgate regulations establishing an initial fee of $5,000 to be imposed upon permit holders and applicants and a fee not to exceed $1,000 for the reissuance, amendment or modification of a permit. Fees collected are to be deposited into the Sludge Management Fund for the administration and management of the Department of Health's sewage sludge program. Currently, the Board may adopt regulations requiring permittees to pay a reasonable fee, not to exceed $2,500, for the processing of the application for a sewage sludge permit.
HB 1150 - Lingamfelter - Chesapeake Bay and Waters Clean-up and Oversight Act; created. (H) Committee on Agriculture, Chesapeake and Natural Resources
 

(S) Committee on Agriculture, Conservation and Natural Resources
(S) Signed by President 03/13/06
notes: Requires the Secretary of Natural Resources to develop a clean-up plan for the Chesapeake Bay and Virginia waters that have been designated as impaired. The plan will include measurable objectives, a description of the strategies to meet the plan's objectives, time frames for accomplishing the objectives, and a plan for disbursing funds for point and nonpoint pollution projects. The plan will also include an analysis of alternative funding mechanisms. The Secretary is to submit the plan by January 1, 2007, and is to submit a progress report on the clean-up semi-annually.
HB 1185 - Landes - Agriculture & livestock; Water Protection Permit not required for certain riparian landowners. (H) Committee on Agriculture, Chesapeake and Natural Resources
 

(S) Committee on Agriculture, Conservation and Natural Resources
(S) Signed by President 03/13/06
notes: Prohibits the requirement of a Virginia Water Protection Permit for privately owned and retained water located outside the path of regularly flowing surface water or for any water withdrawal for livestock watering or crop production within maximum withdrawal limits to be set by the Board.
HB 1454 - Scott, E.T. - Wetlands and stream restoration; companies to file erosion & sediment control specifications. (H) Committee on Appropriations
 

(S) Committee on Finance
(H) Signed by Speaker 03/10/06
notes: 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.
HB 1457 - Ware, R.L. - Impaired waters; Water Control Board to evaluate attainability of meeting water quality standards. (H) Committee on Agriculture, Chesapeake and Natural Resources
 

(S) Committee on Agriculture, Conservation and Natural Resources
(S) Signed by President 03/02/06
notes: Allows an aggrieved party to conduct a use attainability analysis in order to demonstrate that the attainment of the designated use for an impaired water body is not feasible. This analysis would be submitted to, and reviewed by, the State Water Control Board. The Board would then determine whether the development or implementation of the total maximum daily load should be delayed.
SB 82 - Watkins - Solid waste containers; requirements for containers carrying nonhazardous waste on State waters. (H) Committee on Agriculture, Chesapeake and Natural Resources
 

(S) Committee on Agriculture, Conservation and Natural Resources
(S) Signed by President 03/13/06
notes: 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 standard that these containers will have to meet.
SB 106 - Blevins - Waste discharge permits; consent of local governing body required before Water Control Board issues. (H) Committee on Agriculture, Chesapeake and Natural Resources
 

(S) Committee on Agriculture, Conservation and Natural Resources
(S) Enrolled 03/15/06
notes: Requires the consent of the local governing body before the State Water Control Board approves an application for a new or modified Virginia Pollutant Discharge Elimination System permit authorizing discharge of stormwater runoff from a municipal waste landfill or related facility into a local watershed protection district established by ordinance prior to January 1, 2006, that the discharge is consistent with the local watershed protection ordinance. This bill applies to new and modified individual Virginia Pollutant Discharge Elimination System permits and new and modified coverage under general Virginia Pollutant Discharge Elimination System permits.
SB 274 - Whipple - Stormwater management program; certain localities required to adopt thereto. (H) Committee on Agriculture, Chesapeake and Natural Resources
 

(S) Committee on Agriculture, Conservation and Natural Resources
(S) Signed by President 03/01/06
notes: 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.
SB 624 - Bell - Flood Prevention and Protection Assistance Fund; Fund includes dam safety, report. (H) Committee on Agriculture, Chesapeake and Natural Resources
 

(S) Committee on Finance
(H) VOTE: ADOPTION (97-Y 0-N) 03/09/06
notes: 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.
SB 644 - Watkins - Water Quality Improvement Fund; disbursement of grant moneys. (H) Committee on Agriculture, Chesapeake and Natural Resources
 

(S) Committee on Agriculture, Conservation and Natural Resources
(S) Signed by President 03/08/06
notes: 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 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.
SJ 82 - Houck - Water systems; JLARC to study small community public water systems. (H) Committee on Rules
 

(S) Committee on Rules
(H) VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) 03/06/06
notes: Directs the Joint Legislative Audit and Review Commission to study very small and small community water systems in Virginia. JLARC shall determine whether the needs of Virginia's citizens are being met through the existing regulatory scheme with regard to both water quality and rates charged and shall make recommendations on any needed improvements.

 


© 2006 Eldon James & Associates, Inc.