VIMS

2021 General Assembly Session

View list of bills and resolutions that may be of interest to the community VIMS.

The General Assembly is currently in session. Natural resources related bills and resolutions that may be of interest to VIMS are listed and summarized below. Full bill summaries and bill text are available in the Legislative Information System (LIS), which includes a searchable database. If there are other pertinent bills of interest that we may have missed, let us know and we'll add them to the list. 

Updated 20 January 2021

House Bills (HB) House Joint Resolutions (HJ) Senate Bills (SB) Senate Joint Resolutions (SJ)

Note:  Click the triangle to the left of the title to view summary information of the bill or resolution on this page. Click directly on the title to view full version of the bill or resolution in the Legislation Information System (LIS).


House Bills (HB)

Table contains list of bills currently in the House of Delegates.
HB 221 - Tree conservation ordinance; Chesapeake Bay Preservation Act locality, designated trees


Adds "Chesapeake Bay watershed tree," as defined in the bill, to the types of tree that a locality with a tree conservation ordinance is authorized to designate individually for preservation. Current law allows individual designation of heritage, memorial, specimen, and street trees. The bill contains technical amendments.

12/27/19  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/14/20  House: Assigned ACNR sub: Chesapeake
02/03/20  House: Subcommittee recommends continuing to 2021 by voice vote
02/05/20  House: Committee substitute printed to LIS only 20106787D-H1
02/05/20  House: Continued to 2021 with substitute in Agriculture, Chesapeake and Natural Resources by voice vote
12/04/20  House: Left in Agriculture, Chesapeake and Natural Resources


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HB 389 - Hurricane and Flooding Risk Reduction and Bond Rating Protection Act of 2020; established, report


Establishes the Hurricane and Flooding Risk Reduction and Bond Rating Protection Act of 2020, which establishes the Commonwealth of Virginia as a nonfederal sponsor of hurricane and flooding risk reduction projects. There is also established the Virginia Hurricane and Flood Risk Reduction Authority (the Authority) and a board of directors (the Board) of the Authority. The Board shall exercise for the Governor executive authority over all phases of hurricane and flood risk reduction programs, including investigations, construction, operations, and maintenance. The Authority shall be established to fulfill the directives of the Board. The Authority shall be hosted by a department of the Commonwealth as designated by the Governor. That department shall provide support to the Authority, including budgeting, work facilities, administrative management, logistics, human resources, legal, contracts, and information resources. The Joint Legislative Audit and Review Commission (JLARC) shall consult with Louisiana's Legislative Fiscal Office to assess the increased state and local tax flows in Louisiana that resulted from post-Katrina federal spending, including spending for civil works storm and flooding risk reduction projects. The bill requires JLARC to report to the General Assembly no later than November 1, 2020, on the results of its initial assessment.

01/02/20  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/15/20  House: Assigned ACNR sub: Chesapeake
02/03/20  House: Subcommittee recommends reporting (6-Y 2-N)
02/03/20  House: Subcommittee recommends referring to Committee on Appropriations
02/05/20  House: Continued to 2021 in Agriculture, Chesapeake and Natural Resources by voice vote
12/04/20  House: Left in Agriculture, Chesapeake and Natural Resources

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HB 672 - State, regional, and local planning; climate change


Establishes a policy of the Commonwealth to prevent and to minimize actions that contribute to the detrimental effects of climate change in the Commonwealth. The bill requires any state agency to examine any new regulation in furtherance of this policy. The bill requires local and regional planning commissions to consider the impacts from and causes of climate change in adopting a comprehensive plan, regional strategic plan, or zoning ordinance.

01/06/20  House: Referred to Committee on Counties, Cities and Towns
01/29/20  House: Assigned CC & T sub: Land Use
01/31/20  House: Committee substitute printed 20107166D-H1
01/31/20  House: Reported from Counties, Cities and Towns with substitute (12-Y 9-N)
02/05/20  House: Committee substitute agreed to 20107166D-H1
02/05/20  House: Engrossed by House - committee substitute HB672H1
02/06/20  House: VOTE: Passage (55-Y 44-N)
02/07/20  Senate: Constitutional reading dispensed
02/07/20  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
02/25/20  Senate: Committee substitute printed to LIS only 20109090D-S1
02/25/20  Senate: Continued to 2021 in Agriculture, Conservation and Natural Resources (15-Y 0-N)
12/04/20  Senate: Left in Agriculture, Conservation and Natural Resources

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HB 705 - State air, waste, and water boards; permit authority, appointment of members


State air, waste, and water boards; permit authority; appointment of members. Removes the authority to issue, reissue, amend, or modify permits or certificates or to hear permit actions from the State Air Pollution Control Board, the Waste Management Board, and the State Water Control Board and places such authority with the Department of Environmental Quality. The bill changes the composition of the three boards from appointment exclusively by the Governor to the following: two members appointed by the Governor; two members appointed by the Senate Committee on Rules from a list recommended by the Senate Committee on Agriculture, Conservation and Natural Resources; and three members appointed by the Speaker of the House from a list recommended by the House Committee on Agriculture, Chesapeake and Natural Resources. The appointing authority shall appoint members for the unexpired term upon a vacancy other than by expiration of a term.

01/06/20  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/14/20  House: Assigned ACNR sub: Natural Resources
02/05/20  House: Committee substitute printed to LIS only 20107564D-H1
02/05/20  House: Continued to 2021 with substitute in Agriculture, Chesapeake and Natural Resources by voice vote
12/04/20  House: Left in Agriculture, Chesapeake and Natural Resources

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HB 1329 - Chesapeake Bay Preservation Areas; local governments to designate Areas, etc.


Chesapeake Bay Preservation Areas; local ordinances; penalties. Directs localities in Tidewater Virginia to incorporate certain penalties into their ordinances protecting the quality of state waters in Chesapeake Bay Preservation Areas.

01/08/20  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/15/20  House: Assigned ACNR sub: Chesapeake
01/27/20  House: Subcommittee recommends reporting with substitute (5-Y 3-N)
01/29/20  House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (13-Y 9-N)
01/29/20  House: Committee substitute printed 20106882D-H1
02/04/20  House: Committee substitute agreed to 20106882D-H1
02/04/20  House: Engrossed by House - committee substitute HB1329H1
02/05/20  House: VOTE: Passage (55-Y 42-N)
02/06/20  Senate: Constitutional reading dispensed
02/06/20  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
02/25/20  Senate: Continued to 2021 in Agriculture, Conservation and Natural Resources (15-Y 0-N)
12/04/20  Senate: Left in Agriculture, Conservation and Natural Resources

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HB 1364 - Resource Protection Areas; improvement plans


Directs the State Water Control Board, in promulgating regulations that establish criteria for use by local governments to determine the ecological and geographic extent of Chesapeake Bay Preservation Areas, to provide that any owner of land in a Resource Protection Area may improve such area using native plants and mixtures of organic material. The bill requires that such criteria provide that prior to implementation of such improvement, a landowner obtain a water quality impact assessment and an improvement plan with a professional stamp from a qualified landscape architect, engineer, or other relevant professional. The bill also directs the Board to approve any improvement project that has a net positive benefit to water quality.

01/08/20  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/15/20  House: Assigned ACNR sub: Chesapeake
02/03/20  House: Subcommittee recommends continuing to 2021 by voice vote
02/05/20  House: Committee substitute printed to LIS only 20107466D-H1
02/05/20  House: Continued to 2021 with substitute in Agriculture, Chesapeake and Natural Resources by voice vote
12/04/20  House: Left in Agriculture, Chesapeake and Natural Resources

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HB 1366 - Resource Protection Areas; program to remediate septic systems in recurrently flooded areas

Commissioner of Health and the Director of the Department of Environmental Quality; program to remediate septic systems in recurrently flooded areas of Resource Protection Areas. Directs the Commissioner of Health and the Director of the Department of Environmental Quality to develop a program to remediate septic systems in recurrently flooded areas of Resource Protection Areas by allowing owners of septic systems located in portions of Resource Protection Areas that are subject to recurrent flooding to add soil over the septic system tank and to the septic system drainfield to improve septic system drainfield absorption and protect the public health and safety.

01/08/20  House: Prefiled and ordered printed; offered 01/08/20 20104816D
01/08/20  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/15/20  House: Assigned ACNR sub: Chesapeake
02/03/20  House: Subcommittee recommends continuing to 2021 by voice vote
02/05/20  House: Committee substitute printed to LIS only 20107511D-H1
02/05/20  House: Continued to 2021 with substitute in Agriculture, Chesapeake and Natural Resources by voice vote
12/04/20  House: Left in Agriculture, Chesapeake and Natural Resources

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HB 1373 - Flood Resiliency Clearing House Program; developed by Department of Conservation and Recreation


Directs the Department of Conservation and Recreation to develop a Flood Resiliency Clearing House Program for coordinating flood mitigation solutions. The bill requires the Clearing House to solicit flood mitigation solutions from the public; coordinate with other agencies to review submitted solutions; approve appropriate solutions, favoring those that manage both water quality and flooding and emphasize nature-based solutions; and disseminate approved flood mitigation solutions.

01/08/20  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/15/20  House: Assigned ACNR sub: Chesapeake
02/03/20  House: Subcommittee recommends continuing to 2021 by voice vote
02/05/20  House: Continued to 2021 in Agriculture, Chesapeake and Natural Resources by voice vote
12/04/20  House: Left in Agriculture, Chesapeake and Natural Resources

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HB 1464 - Restrict nutrient credit usage; local authority


Authorizes the governing body of any locality, by ordinance, to restrict the total nutrient credits that are generated in the locality and used in an adjacent eight-digit hydrologic unit code or fourth order subbasin to comply with stormwater nonpoint nutrient runoff water quality criteria.

01/08/20  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/14/20  House: Assigned ACNR sub: Chesapeake
01/27/20  House: Subcommittee recommends continuing to 2021 by voice vote
01/29/20  House: Continued to 2021 in Agriculture, Chesapeake and Natural Resources by voice vote
12/04/20  House: Left in Agriculture, Chesapeake and Natural Resources

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HB 1674 - Eastern Virginia Groundwater Management Area; provisional surface water withdrawal permit


Authorizes the State Water Control Board to issue a provisional surface water withdrawal permit within the Eastern Virginia Groundwater Management Area to an applicant that has not identified an end user for the water. Such permit shall not allow the withdrawal of water until an end user has been identified and the permittee has provided a report containing information on the need for and proposed use of the surface water, a description of the raw water intake, and other information. The bill provides that once the Department of Environmental Quality approves the report, the permittee shall request a permit modification. Finally, the bill provides that no potential withdrawal amount of any provisional permit shall be used in the calculation of available water when assessing a subsequent surface water withdrawal application in the affected stream reach if the provisional permit has not been modified to reflect an end user, the Department and the subsequent applicant have found the provisional withdrawal to be inappropriate, and the provisional permit holder has failed to state that an end user will be secured within 12 months.

01/17/20  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/20/20  House: Assigned ACNR sub: Chesapeake
01/27/20  House: Subcommittee recommends reporting with substitute (7-Y 1-N)
02/05/20  House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (21-Y 0-N)
02/07/20  House: Committee substitute agreed to 20106885D-H1
02/07/20  House: Engrossed by House - committee substitute HB1674H1
02/10/20  House: Read third time and passed House (94-Y 4-N)
02/10/20  House: VOTE: Passage (94-Y 4-N)
02/11/20  Senate: Constitutional reading dispensed
02/11/20  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
02/25/20  Senate: Committee substitute printed to LIS only 20109068D-S1
02/25/20  Senate: Continued to 2021 in Agriculture, Conservation and Natural Resources (13-Y 0-N)
12/04/20  Senate: Left in Agriculture, Conservation and Natural Resources

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HB 1715 - Virginia Erosion and Sediment Control Programs; administration by DEQ


Directs the Department of Environmental Quality to operate a required Virginia Erosion and Sediment Control Program (VESCP) on behalf of any locality that notifies the Department of its intent to opt out of operating a VESCP.

01/17/20  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/22/20  House: Assigned ACNR sub: Chesapeake
02/03/20  House: Subcommittee recommends continuing to 2021 by voice vote
02/05/20  House: Continued to 2021 in Agriculture, Chesapeake and Natural Resources by voice vote
12/04/20  House: Left in Agriculture, Chesapeake and Natural Resources

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HB 1760 - Conservation easements; certain easements be liberally construed in favor of purpose which created


Conservation easements; construction. Provides that an easement held pursuant to the Virginia Conservation Easement Act or the Open-Space Land Act or by the Virginia Land Conservation Foundation be liberally construed in favor of achieving the conservation purposes for which it was created.

12/17/20  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/12/21  House: Assigned ACNR sub: Natural Resources
01/20/21  House: Subcommittee recommends reporting with substitute (8-Y 0-N)
01/20/21  House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (22-Y 0-N)
01/20/21  House: Committee substitute printed 21102392D-H1

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HB 1763 (same as SB 1162) - Tax credit; agricultural best management practices


Creates an enhanced individual and corporate income tax credit beginning in taxable year 2021 for the implementation of certain agricultural best management practices by the taxpayer that are required as part of a certified resource management plan. The enhanced tax credit is equal to 75 percent of the first $100,000 expended in implementing certain agricultural best management practices, and each amount shall be consistent with the rate offered for each eligible practice under the Virginia Agricultural Best Management Practices Cost-Share Program. The bill retains a tax credit for 25 percent of expenses made for all other agricultural best management practices that are not eligible for the enhanced credit rate, but increases the maximum amount of expenses to which one can apply the 25 percent credit from $70,000 to $100,000. A taxpayer may not claim credit for the same practice in the same management area under both the 25 percent and enhanced 75 percent credits. The aggregate amount of credit claimed shall not exceed $75,000.

12/21/20  House: Referred to Committee on Finance
01/16/21  House: Assigned Finance sub: Subcommittee #2

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HB 1836 - Natural Resources, Secretary of; changes name to the Secretary of Natural and Cultural Resources


Secretary of Natural Resources. Renames the Secretary of Natural Resources as the Secretary of Natural and Cultural Resources. The bill also designates the Secretary as the Chief Resilience Officer and removes the Virginia Museum of Natural History from the purview of the Secretary.

01/06/21  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/13/21  House: Reported from Agriculture, Chesapeake and Natural Resources (17-Y 5-N)
01/19/21  House: VOTE: Passage (69-Y 30-N)
01/20/21  Senate: Constitutional reading dispensed
01/20/21  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources

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HB 1837 (same as SB 1161) - Virginia Soil and Water Conservation Board; clarifies membership


Clarifies that each of the six nonlegislative citizen members of the Virginia Soil and Water Conservation Board (the Board) who is not an at-large member is to be appointed by the Governor from a list of two qualified nominees submitted for each vacancy by the Board and the Board of Directors of the Virginia Association of Soil and Water Conservation Districts in consultation with other groups. The bill contains technical amendments.

01/06/21  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/12/21  House: Assigned ACNR sub: Chesapeake
01/18/21  House: Subcommittee recommends reporting with substitute (8-Y 0-N)
01/20/21  House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (22-Y 0-N)

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HB 1855 - Mines, Minerals and Energy, Department of; renamed the Department of Energy


Renames the Department of Mines, Minerals and Energy as the Department of Energy. Within the Department, the bill renames the Division of Mined Land Reclamation as the Division of Mined Land Repurposing and renames the Division of Energy as the Division of Renewable Energy and Energy Efficiency.

The bill makes substantive changes, removing the requirement that the Chief of the Division of Mines be appointed by the Governor and authorizing an employee other than the Virginia Gas and Oil Inspector to serve as the principal executive of the staff of the Virginia Gas and Oil Board. The bill also provides that the Chief Clean Energy Policy Advisor shall be appointed by the Governor. The bill removes or updates outdated language.

01/07/21  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/13/21  House: Reported from Agriculture, Chesapeake and Natural Resources (18-Y 4-N)
01/18/21  House: Amendment by Delegate Sullivan agreed to
01/18/21  House: Engrossed by House as amended HB1855E
01/19/21  House: VOTE: Passage (69-Y 30-N)
01/20/21  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources

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HB 1859 - Clean energy and other programs; local financing when owner costs are incurred


Changes the parameters for local ordinances authorizing loan contracts for the installation by property owners of clean energy, resiliency, or stormwater management improvements. The bill provides that if the property owner incurred the costs of improvements to be refinanced or reimbursed within the two years prior to the closing date of the financing, the loan amount may include the total costs of the improvements to be refinanced or reimbursed. The bill removes the requirement that the applicable local ordinance include the proposed interest rate for the loan program and the maximum aggregate dollar amount that may be financed with respect to a property, and it provides that no loan offered under the program shall be used to improve a residential dwelling that contains fewer than five dwelling units or a residential condominium. The bill alters the fee options available to the locality and provides that the placement of a voluntary special assessment lien does not require a new assessment of the value of the real property. The bill contains technical amendments.

01/07/21  House: Referred to Committee on Counties, Cities and Towns
01/15/21  House: Reported from Counties, Cities and Towns with substitute (16-Y 6-N)
01/19/21  House: Committee substitute agreed to 21103098D-H1
01/19/21  House: Engrossed by House - committee substitute HB1859H1
01/20/21  House: VOTE: Passage (61-Y 38-N)

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HB 1937 - Green New Deal Act


Establishes a moratorium, effective January 1, 2022, on approval by any state agency or political subdivision of any approval required for (i) electric generating facilities that generate fossil fuel energy through the combustion of a fossil fuel resource; (ii) import or export terminals for fossil fuel resources; (iii) certain maintenance activities relating to an import or export terminal for a fossil fuel resource; (iv) gathering lines or pipelines for the transport of any fossil fuel resource that  require the use of eminent domain on private property; (v) certain maintenance activities relating to such gathering lines or pipelines; (vi) refineries of a fossil fuel resource; and (vii) exploration for any type of fossil fuel, unless preempted by applicable federal law. The measure also requires that at least 80 percent of the electricity sold by a retail electric supplier in calendar years 2028 through 2035 be generated from clean energy resources. In calendar year 2036 and every calendar year thereafter, 100 percent of the electricity sold by a retail electric supplier is required to be generated from clean energy resources. The clean energy mandates apply to a public utility or other person that sells not less than 1,000 megawatt hours of electric energy to retail customers or generates not less than 1,000 megawatt hours of electric energy for use by the person. The Director of the Department of Mines, Minerals and Energy is authorized to bring actions for injunctions to enforce these requirements. The measure requires the Department to adopt a Climate Action Plan that addresses all aspects of climate change, including mitigation, adaptation, resiliency, and assistance in the transition from current energy sources to clean renewable energy. The measure provides that any retail electric supplier that fails to meet any goal or benchmark is liable for a civil penalty equal to twice the cost of the financial investment necessary to meet such goal or mandate that was not achieved, or three times the cost of the financial investment necessary to meet such goal or benchmark that was not achieved if not met in an environmental justice community.

The measure provides that it is the goal of the Commonwealth to achieve a 36 percent reduction in electric energy consumption in buildings by 2036. The measure requires the Department, in coordination with the Virginia Council on Environmental Justice (Council) to establish performance benchmarks for environmental justice communities and to establish programs for jobs for people in environmental justice communities. The measure requires the Council to develop and make available to each state agency training modules designed to facilitate the promotion of environmental justice.

The measure requires the Department to establish the Transitioning Workers Program (the Program) to provide support for workers in the fossil fuel industry and affected communities and provide such workers job training, relocation support, income and benefit support, and early retirement benefits. The measure provides for funding such program by 20 percent of the revenue generated by the allowance auction established by the Director of the Department of Environmental Quality. The measure prohibits the Commission from approving construction of any new utility-owned generating facilities that emit carbon dioxide as a by-product of combusting fuel to generate electricity. The measure requires that all utility costs associated with the construction of, acquisition of, or agreements to purchase the energy, capacity, and environmental attributes of certain required generation and storage facilities are recovered through the utility's rates for generation and distribution services.

The measure requires that under the renewable energy portfolio standard program, Dominion Energy Virginia and American Electric Power be required to produce their electricity from 80 percent renewable sources by 2028 and 100 percent by 2036. The measure increases the incremental energy efficiency savings that each investor-owned incumbent electric utility is required to achieve that start in 2022 at 2.4 percent for American Electric Power and Dominion Energy Virginia of the average annual energy retail sales by that utility in 2020 and increases those savings annually.

01/11/21  House: Prefiled and ordered printed; offered 01/13/21 21100436D
01/11/21  House: Committee Referral Pending

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HB 1982 - Nutrient credits; use by facility with certain stormwater discharge permit


Authorizes a facility that has been issued a Virginia Pollution Discharge Elimination System (VPDES) permit regulating stormwater discharges to acquire, use, and transfer nutrient credits for compliance with any waste load allocation established as an effluent limitation in its VPDES permit so long as the credits meet several requirements. Current law allows only a facility registered under the Industrial Stormwater General Permit to use nutrient credits for such purpose.

01/11/21  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/20/21  House: Reported from Agriculture, Chesapeake and Natural Resources with amendment(s) (22-Y 0-N)

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HB 1983 Wetland and stream mitigation banks; proximity of impacted site


Provides that when a water protection permit applicant is required to purchase wetland or stream mitigation bank credits but no credits are available (i) in any mitigation provider's primary service area or (ii) at a cost of less than 200 percent of the price of credits available from a fund dedicated to achieving no net loss of wetland acreage and functions, the applicant may purchase or use credits from a mitigation provider's secondary service area. The bill provides certain requirements that the permit applicant must comply with in order to purchase or use such credits from a secondary service area, including minimum tree canopy requirements.

01/11/21  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/20/21  House: Reported from Agriculture, Chesapeake and Natural Resources with amendment(s) (16-Y 6-N)

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HB 2042 - Replacement and conservation of trees during development

 

Gives a locality the ability to exceed general requirements in its tree replacement and conservation ordinances in specific circumstances, including development that impacts stormwater permit requirements, recurrent flooding, formerly redlined areas, and comprehensive plan compliance.

01/12/21  House: Referred to Committee on Counties, Cities and Towns
01/14/21  House: Assigned CC & T sub: Land Use

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HB 2071 - Transportation funding; statewide prioritization process; resiliency

 

Adds resiliency, defined in the bill, to the list of factors to be considered during the statewide transportation funding prioritization process commonly known as SMART SCALE. The bill also requires that the factors of congestion mitigation, economic development, accessibility, safety, resiliency, and environmental quality be considered relative to the anticipated life-cycle cost of the project or strategy under consideration.

01/12/21  House: Committee Referral Pending
01/17/21  House: Assigned Transportation sub: Transportation Systems

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HB 2074 - Environmental justice; interagency working group


Establishes the Interagency Environmental Justice Working Group as an advisory council in the executive branch of state government to further environmental justice in the Commonwealth and directs each of the Governor's Secretaries to designate at least one environmental justice coordinator to represent the secretariat as a member of the Working Group. The bill directs the Working Group to focus its work during its first year on the environmental justice of current air quality monitoring practices in Virginia and provides that the Working Group shall expire on July 1, 2031.

The bill directs each state agency, no later than October 1, 2021, to adopt an agency-specific environmental justice policy that requires an evaluation of the environmental justice consequences of any covered agency action, requires a consideration of the environmental justice consequences or cumulative impacts of the administration of regulations, and contains other features, including robust public participation plans for residents of environmental justice communities and fenceline communities potentially affected by a covered agency action.

The bill prohibits the issuance of a permit for any covered activity, including construction of an electric generating facility or sanitary landfill, until the applicant has submitted and the permitting authority has approved a public involvement plan, a cumulative impact statement, and an environmental justice impact statement, if applicable. The bill requires the permitting authority to deny the application or approve it with or without conditions.

Finally, the bill requires each local government adopting or reviewing a comprehensive plan to also adopt an environmental justice strategy.

01/12/21  House: Committee Referral Pending
01/12/21  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/15/21  House: Assigned ACNR sub: Natural Resources

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HB 2129 - Chesapeake Bay; wastewater treatment; Enhanced Nutrient Removal Certainty Program


Requires the State Water Control Board to adopt by June 30, 2022, regulations establishing a Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program (ENRC Program), consisting of a number of total nitrogen and total phosphorous waste load allocation reductions assigned to particular water treatment facilities with schedules for compliance. The bill provides that the ENRC Program shall operate in lieu of certain Chesapeake Bay waste load regulations. The bill directs the Board to modify affected discharge permits to incorporate the provisions of the ENRC Program and requires certain compliance plans due from treatment works by February 1, 2023, to address the requirements of the ENRC Program.

The bill provides that the funding of certain design and installation costs for implementing nutrient upgrades pursuant to the ENRC Program shall be eligible for grants from the Water Quality Improvement Fund. The ENRC Program is required to proceed regardless of whether such grants will exceed the available funds in the Fund for a given fiscal year. The bill lists the projects and the total nitrogen or total phosphorus waste load allocation reductions that specified facilities are to complete. The bill provides that when grants to finance nutrient removal technology reach a sum sufficient to fund the completion of the ENRC Program at all publicly owned treatment works, certain General Assembly committees shall review funding needs and mechanisms.

Finally, the bill directs the State Water Control Board to convene a stakeholder group during the adoption of regulations required to carry out the provisions of the bill and provides that such adoption by the Board shall be exempt from certain procedures of the Administrative Process Act. The bill provides that the priority projects and waste load allocation reductions that it sets forth shall be deemed to implement goals of the Chesapeake Bay Phase III Watershed Implementation Plan.

01/12/21  House: Committee Referral Pending
01/12/21  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/15/21  House: Assigned ACNR sub: Chesapeake

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HB 2187 - Commonwealth Center for Recurrent Flooding Resiliency; study topics


Directs the Commonwealth Center for Recurrent Flooding Resiliency to (i) undertake certain topics of study to assist the Commonwealth and achieve the mission of the Center, (ii) oversee the development of a Flood Resiliency Clearinghouse Program, (iii) research and provide recommendations for solutions that manage both water quality and flooding and emphasize nature-based solutions, and (iv) make final recommendations for solutions to be approved for flood mitigation that are deemed appropriate for permitting by certain agencies of the Commonwealth.

01/13/21 House: Committee Referral Pending
01/15/21  House: Assigned ACNR sub: Chesapeake
01/18/21  House: Subcommittee recommends reporting with substitute (8-Y 0-N)
01/18/21  House: Subcommittee recommends referring to Committee on Appropriations
01/20/21  House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (22-Y 0-N)
01/20/21  House: Committee substitute printed 21103241D-H1
01/20/21  House: Referred to Committee on Appropriations
01/20/21  House: Assigned App. sub: Commerce Agriculture & Natural Resources

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HB 2188 - Department of Health; Department of Environmental Quality; pilot program; engineered septic systems


Requires the Department of Health and Department of Environmental Quality, in partnership with the Middle Peninsula Planning District Commission, to initiate a three-year pilot program designed to study the use of engineered septic systems that house and treat sewage effluent in an elevated, self-contained unit suitable for areas with high water tables and susceptible to flooding in Coastal Virginia.

01/13/21  House: Committee Referral Pending
01/15/21  House: Assigned ACNR sub: Chesapeake
01/18/21  House: Subcommittee recommends reporting with substitute (7-Y 1-N)
01/18/21  House: Subcommittee recommends referring to Committee on Appropriations
01/20/21  House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (21-Y 0-N)
01/20/21  House: Committee substitute printed 21103198D-H1
01/20/21  House: Referred to Committee on Appropriations
01/20/21  House: Assigned App. sub: Commerce Agriculture & Natural Resources

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HB 2221 - Environmental permits; community and environmental justice outreach


Requires the applicant for any (i) new or major modified stationary air pollution source, (ii) new landfill or transfer station, (iii) certification of site approval for a hazardous waste facility, (iv) new individual Virginia Pollutant Discharge Elimination System permit, (v) new individual Virginia Water Protection permit, (vi) new individual Virginia Stormwater Management Program permit, (vii) new individual Virginia Pollution Abatement permit, or (viii) individual ground water withdrawal permit for a new ground water withdrawal to complete certain public notice requirements, including (a) holding a public hearing; (b) publishing notices in English and Spanish in a newspaper, on social media, and on signage at the site location at least 60 days prior to such public meeting; (c) mailing notices to interested parties; (d) accepting written comments; (e) transcribing meeting information; and (f) responding to community concerns to the satisfaction of the Department of Environmental Quality.

The bill removes an exemption for applicants for a permit to operate a new captive industrial landfill or a new construction-demolition-debris landfill from certain provisions relating to new landfills or transfer stations. The bill also removes an exemption from certain public notice requirements granted to local government or public authority applicants for a permit to operate a landfill or transfer station.

01/13/21 House: Committee Referral Pending
01/13/21  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources

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House Joint Resolutions (HJ)

Table contains list of joint resolutions currently in the House of Delegates.
HJ 527 - Invasive plant species; DCR, et al., to study the sale and use of species


Study; Department of Conservation and Recreation and Virginia Department of Agriculture and Consumer Services; invasive plant species work group; report. Requests the Department of Conservation and Recreation, jointly with the Department of Agriculture and Consumer Services, to establish a work group to study the sale and use of invasive plant species. The resolution requests that the departments work with several state agencies, conservation nonprofits, and plant industry and agriculture groups to develop recommendations regarding statutory and regulatory changes intended to reduce or eliminate the sale and use of invasive plant species in the Commonwealth and promote the sale and use of native plants.

01/07/21  House: Referred to Committee on Rules
01/20/21  House: Assigned Rules sub: Studies

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HJ 538 - Access to water; human right


Recognizing that access to clean, potable, and affordable water is a necessary human right.

01/10/21  House: Committee Referral Pending
01/08/21  House: Referred to Committee on Rules

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HJ 552 - Study: Joint Subcommittee to Study Recurrent Inland and Urban Flooding in the Commonwealth


Study: joint subcommittee to study recurrent inland and urban flooding across the Commonwealth; report. Establishes a two-year joint subcommittee, consisting of eight legislative members and five nonlegislative citizen members, to study the development of a comprehensive and coordinated planning effort to address recurrent flooding in inland and urban areas across the Commonwealth. The joint subcommittee shall complete its work by November 30, 2022, and submit its findings and recommendations by the first day of the 2023 Session of the General Assembly.

01/12/21  House: Committee Referral Pending
01/12/21  House: Referred to Committee on Rules
01/20/21  House: Assigned Rules sub: Studies

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HJ 556 - Constitutional amendment (first reference); environmental justice


Establishes that it is the policy of the Commonwealth to follow the principles of environmental justice in the development, implementation, and enforcement of environmental laws, regulations, and policies and to ensure that no population, especially minority, low-income, or historically economically disadvantaged communities, faces higher levels or greater impacts of pollution and climate change than other populations.

01/12/21 House: Committee Referral Pending
01/12/21  House: Referred to Committee on Privileges and Elections
01/15/21  House: Assigned P & E sub: Constitutional Amendments

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HJ 559 - Recognizing that global warming caused by human activity has resulted in a climate and ecological


Recognizing that global warming caused by human activity has resulted in a climate and ecological emergency. Expresses the sense of the General Assembly in recognizing that global warming caused by human activity that increases emissions of greenhouse gases has resulted in a climate and ecological emergency.

01/12/21 House: Committee Referral Pending
01/12/21  House: Referred to Committee on Rules

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Senate Bills (SB)

Table contains list of bills currently in the State Senate.
SB 1143 - Extension of certain wetlands permits through 2021


Retroactively extends until January 1, 2022, certain wetlands permits set to expire between March 1, 2020, and July 1, 2021.

01/05/21  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources

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SB 1161 -  Virginia Soil and Water Conservation Board; membership


Clarifies that each of the six nonlegislative citizen members of the Virginia Soil and Water Conservation Board (the Board) who is not an at-large member is to be appointed by the Governor from a list of two qualified nominees submitted for each vacancy by the Board and the Board of Directors of the Virginia Association of Soil and Water Conservation Districts in consultation with other groups. The bill contains technical amendments.

01/08/21  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/19/21  Senate: Reported from Agriculture, Conservation and Natural Resources with substitite (15-Y 0-N)

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SB 1162 - Tax credit; agricultural best management practices


Creates an enhanced individual and corporate income tax credit beginning in taxable year 2021 for the implementation of certain agricultural best management practices by the taxpayer that are required as part of a certified resource management plan. The enhanced tax credit is equal to 75 percent of the first $100,000 expended in implementing certain agricultural best management practices, and each amount shall be consistent with the rate offered for each eligible practice under the Virginia Agricultural Best Management Practices Cost-Share Program. The bill retains a tax credit for 25 percent of expenses made for all other agricultural best management practices that are not eligible for the enhanced credit rate, but increases the maximum amount of expenses to which one can apply the 25 percent credit from $70,000 to $100,000. A taxpayer may not claim credit for the same practice in the same management area under both the 25 percent and enhanced 75 percent credits. The aggregate amount of credit claimed shall not exceed $75,000.

01/08/21  Senate: Referred to Committee on Finance and Appropriations

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SB 1199 - Conservation easements; construction


01/11/21  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/19/21  Senate: Reported from Agriculture, Conservation and Natural Resources with amendment (10-Y 5-N)

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SB 1274 - Government planning; wildlife corridors


Directs various agencies to consider and incorporate, where applicable, wildlife corridors and any recommendation of the Wildlife Corridor Action Plan. The bill directs the Department of Wildlife Resources to assist state agencies and political subdivisions, and by request any federal agency, in considering and incorporating, where applicable, wildlife corridors and the recommendations of the Plan when developing any governmental strategic plan, map, or action.

01/12/21  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/19/21  Senate: Reported from Agriculture, Conservation and Natural Resources with amendment (12-Y 3-N)

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SB 1284 - Commonwealth Clean Energy Policy


Establishes the Commonwealth Clean Energy Policy, replacing the Commonwealth Energy Policy. The bill sets out the energy policy and objectives of the Commonwealth Clean Energy Policy, which include: (i) the Commonwealth recognizes that effectively addressing climate change and enhancing resilience will advance the health, welfare, and safety of the residents of the Commonwealth and that addressing climate change requires reducing greenhouse gas emissions across the Commonwealth's economy sufficient to reach net-zero emission by 2045 in all sectors, including the electric power, transportation, industrial, agricultural, building, and infrastructure sectors; (ii) the Commonwealth recognizes the need to promote environmental justice and ensure that it is carried out throughout the Commonwealth and the need to address and prevent energy inequities in historically economically disadvantaged communities; and (iii) the Commonwealth must continue to prioritize economic competiveness and workforce development in an equitable manner.

01/11/21  Senate: Referred to Committee on Commerce and Labor

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SB 1290 - ConserveVirginia program; established


Establishes in the Department of Conservation and Recreation a data-driven Geographical Information Systems model to prioritize potential conservation areas across the Commonwealth that would provide quantifiable benefits to the citizens of Virginia, known as ConserveVirginia. Aspects of the program include (i) the synthesis of multiple mapped data inputs, divided into categories, each representing a different overarching conservation value, and periodic revision of such values; (ii) access to the model by the public and all state and federal agencies; and (iii) incorporation of the model into acquisition or grant decisions when appropriate. The bill requires the Virginia Land Conservation Foundation to report on the success of the program and incorporate the program into needs assessments for expenditures from the Virginia Land Conservation Fund.

01/12/21  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/19/21  Senate: Reported from Agriculture, Conservation and Natural Resources with substitite (14-Y 1-N)

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SB 1309 - Local stormwater assistance; flood mitigation and protection


Authorizes grants from a local Stormwater Management Fund to be used for measures that are part of a comprehensive flood mitigation and protection plan adopted by the locality, including floodproofing, flood protection products, and grading. Current law allows such funds to be used only for the construction, improvement, or repair of a stormwater management facility or for erosion and sediment control.

01/12/21  Senate: Referred to Committee on Local Government
01/18/21  Senate: Reported from Local Government with substitute (14-Y 0-N 1-A)
01/18/21  Senate: Committee substitute printed 21103219D-S1
01/19/21  Senate: Constitutional reading dispensed (38-Y 0-N)
01/20/21  Senate: Read second time
01/20/21  Senate: Reading of substitute waived
01/20/21  Senate: Committee substitute agreed to 21103219D-S1

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SB 1311 - Water quality standards; modification of permits and certifications


Requires the Department of Environmental Quality (the Department) to revise the applicable erosion and sediment control plan or stormwater management plan when a stop work order has been issued for violations related to certain pipelines to ensure compliance with state water quality standards. The bill changes from the Department to the State Water Control Board (the Board) the entity that approves such water quality standards and specifications for certain pipelines. The bill requires an applicant seeking modification or revocation of certain approvals or conditions from another state or federal agency that is likely to result in an adverse impact to state water quality to submit to the Board a copy of the request for such modification or revocation along with certain information.

01/12/21  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources

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SB 1318 - Environmental justice; interagency working group


Establishes the Interagency Environmental Justice Working Group as an advisory council in the executive branch of state government to further environmental justice in the Commonwealth and directs each of the Governor's Secretaries to designate at least one environmental justice coordinator to represent the secretariat as a member of the Working Group. The bill provides that the Working Group shall expire on July 1, 2031.

The bill directs each state agency, no later than October 1, 2021, to adopt an agency-specific environmental justice policy that requires an evaluation of the environmental justice consequences of any covered agency action, requires a consideration of the environmental justice consequences or cumulative impacts of the administration of regulations, and contains other features, including robust public participation plans for residents of environmental justice communities and fenceline communities potentially affected by a covered agency action.

01/12/21  Senate: Referred to Committee on General Laws and Technology
01/20/21  Senate: Reported from General Laws and Technology with amendments (7-Y 6-N 2-A)
01/20/21  Senate: Rereferred to Finance and Appropriations

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SB 1352 - Flood control; Department of Flood Control and Commonwealth Flood Control Board established; report


Creates the 14-member Commonwealth Flood Control Board (the Board) as a policy board in the executive branch of state government with various duties coordinating and implementing existing and new flood control programs and measures in Virginia, including flood control components of other state agency programs. The 10 nonlegislative citizen members of the Board shall be appointed by the Governor to five-year terms, initially staggered as provided in the bill.

The bill creates the Department of Flood Control (the Department) to assist in the administration of the Board's duties and to provide other technical expertise. The bill requires the Department to provide an annual report. Funding for the Department is provided in part by funds collected from the sale of credits pursuant to the RGGI program.

01/13/21  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources

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SB 1354 -  Chesapeake Bay; wastewater treatment; Enhanced Nutrient Removal Certainty Program


Requires the State Water Control Board to adopt by June 30, 2022, regulations establishing a Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program (ENRC Program), consisting of a number of total nitrogen and total phosphorous waste load allocation reductions assigned to particular water treatment facilities with schedules for compliance. The bill provides that the ENRC Program shall operate in lieu of certain Chesapeake Bay waste load regulations. The bill directs the Board to modify affected discharge permits to incorporate the provisions of the ENRC Program and requires certain compliance plans due from treatment works by February 1, 2023, to address the requirements of the ENRC Program.

The bill provides that the funding of certain design and installation costs for implementing nutrient upgrades pursuant to the ENRC Program shall be eligible for grants from the Water Quality Improvement Fund. The ENRC Program is required to proceed regardless of whether such grants will exceed the available funds in the Fund for a given fiscal year. The bill lists the projects and the total nitrogen or total phosphorus waste load allocation reductions that specified facilities are to complete. The bill provides that when grants to finance nutrient removal technology reach a sum sufficient to fund the completion of the ENRC Program at all publicly owned treatment works, certain General Assembly committees shall review funding needs and mechanisms.

Finally, the bill directs the State Water Control Board to convene a stakeholder group during the adoption of regulations required to carry out the provisions of the bill and provides that such adoption by the Board shall be exempt from certain procedures of the Administrative Process Act. The bill provides that the priority projects and waste load allocation reductions that it sets forth shall be deemed to implement goals of the Chesapeake Bay Phase III Watershed Implementation Plan.

01/12/21  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources

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SB 1373 - Environmental permits; community and environmental justice outreach


Requires the applicant for any (i) new or major modified stationary air pollution source, (ii) new landfill or transfer station, (iii) certification of site approval for a hazardous waste facility, (iv) new individual Virginia Pollutant Discharge Elimination System permit, (v) new individual Virginia Water Protection permit, (vi) new individual Virginia Stormwater Management Program permit, (vii) new individual Virginia Pollution Abatement permit, or (viii) individual ground water withdrawal permit for a new ground water withdrawal to complete certain public notice requirements, including (a) holding a public hearing; (b) publishing notices in English and Spanish in a newspaper, on social media, and on signage at the site location at least 60 days prior to such public meeting; (c) mailing notices to interested parties; (d) accepting written comments; (e) transcribing meeting information; and (f) responding to community concerns to the satisfaction of the Department of Environmental Quality.

The bill removes an exemption for applicants for a permit to operate a new captive industrial landfill or a new construction-demolition-debris landfill from certain provisions relating to new landfills or transfer stations. The bill also removes an exemption from certain public notice requirements granted to local government or public authority applicants for a permit to operate a landfill or transfer station.

01/13/21  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources

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SB 1374 - Carbon Sequestration Task Force; report


Directs the Secretary of Natural Resources, jointly with the Secretary of Agriculture and Consumer Services, to convene a task force for the purpose of studying carbon sequestration in the Commonwealth and submit a report of its findings before the first day of the 2022 Session of the General Assembly. The bill directs the task force to (i) consider possible methods of increasing carbon sequestration within the natural environment through state land and marine resources use policies; agricultural, aquacultural, and silvicultural practices; and other practices to achieve restoration of natural resources and long term conservation; (ii) recommend short-term and long-term benchmarks for increasing carbon sequestration; (iii) develop a standardized methodology to establish baseline carbon levels and account for increases in carbon sequestration over time; (iv) identify existing carbon markets and considerations relevant to potential participation by the Commonwealth; and (v) identify other potential funding mechanisms to encourage carbon sequestration practices in the Commonwealth.

01/13/21  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources

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SB 1389 (same as HB 2129) - Property; required disclosures for buyer to exercise due diligence; flood risk report


Requires the Department of Conservation and Recreation (the Department) to (i) develop, maintain, and update on its public website a statewide database and an official map of any parcel of real property in the Commonwealth and (ii) make available on its website a copy of a flood risk report for each parcel of real property in the Commonwealth, the details of which are outlined in the bill. The bill adds obtaining a flood risk report from the Department to the list of things a purchaser is advised to exercise due diligence on when purchasing a property. The bill also provides that an owner of residential real property located in the Commonwealth who has actual knowledge that the dwelling unit is a repetitive risk loss structure, as defined in the bill, shall disclose such fact to the purchaser on a form provided by the Real Estate Board on its website. The bill has a delayed effective date of January 1, 2022. The provisions of the bill are contingent on funding in a general appropriation act.

01/13/21  Senate: Referred to Committee on General Laws and Technology

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SB 1396 -  Sewage; Onsite Sewage Indemnification Fund; Wastewater Infrastructure Policy Working Group; report


Authorizes the State Board of Health to use the Onsite Sewage Indemnification Fund to provide grants and loans to property owners with income at or below 200 percent of the federal poverty guidelines to repair failing onsite sewage systems or install onsite sewage systems on properties that lack adequate sewage disposal. The bill provides that no expenses shall be paid from the Fund to support the program for training and recognition of onsite soil evaluators, or to provide grants or loans to repair failing onsite sewage systems or install onsite sewage systems on properties that lack adequate sewage disposal in lieu of payment to any owner or owners qualified to receive payment from the Fund. The bill also directs the Board to adopt regulations that include consideration of the impacts of climate change on proposed treatment works.

The bill sets out the policy of the Commonwealth regarding wastewater infrastructure and establishes the four-member Wastewater Infrastructure Policy Working Group as an advisory board in the executive branch of state government to continually assess wastewater infrastructure needs and develop policy recommendations. The bill provides that the Working Group shall expire in 2030. The bill also directs the Department of Environmental Quality, in partnership with the Virginia Department of Health and in consultation with stakeholders, to estimate and report every four years the amount of wastewater infrastructure funding that is necessary to meet policy goals but is not eligible to be covered by grant funding pursuant to the Virginia Water Quality Improvement Act of 1997.

01/13/21  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources

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SB 1404 - Stormwater Local Assistance Fund; grant requirements


Authorizes grants from the Stormwater Local Assistance Fund awarded for projects related to Chesapeake Bay total maximum daily load (TMDL) requirements to take into account total phosphorus reductions or total nitrogen reductions. The bill authorizes grants awarded for eligible projects in localities with high or above average fiscal stress as reported by the Commission on Local Government to account for more than 50 percent of the costs of a project.

01/13/21  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources

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Senate Joint Resolutions (SJ)