2023 General Assembly Section

HB 715 Tribal Nations; consultation w/federally recognized, permits and review w/potential impacts.

Companion legislation to SB 482. Introduced by: Paul E Krizek (D - HD 44). Requires the Department of Conservation and Recreation, the Department of Environmental Quality, the Department of Historic Resources, and the Virginia Marine Resources Commission to establish policies and procedures for consulting with federally recognized Tribal Nations in the Commonwealth when evaluating certain permits and reviews with potential impacts on environmental, cultural, or historic resources or that would have tribal implications, as defined in the bill. The bill directs the Secretary of the Commonwealth to designate an Ombudsman for Tribal Consultation to facilitate communication and consultation with Tribal Nations. The bill codifies Executive Order 82 (2021).

02/09/22  House: Continued to 2023 with substitute in Agriculture, Chesapeake and Natural Resources by voice vote

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HB 839 Electric utilities; recovery of costs, rate adjustment clause proceedings, etc.

Introduced by: Tony O. Wilt (R - HD 26). Provides that in any proceeding regarding petitions for a rate adjustment clause, the State Corporation Commission may, as an alternative to a rate adjustment clause, authorize recovery of any proposed cost through the utility's rates for generation and distribution services, if the Commission, in its discretion, determines that such cost recovery better serves ratepayers while still providing the utility the opportunity to recover its costs and earn a fair rate of return. Additionally, the bill prohibits the Commission from approving the recovery of costs related to the construction or acquisition of generation facilities powered by sunlight or onshore or offshore wind, or energy storage facilities, that are constructed or acquired by a Phase I or Phase II Utility after July 1, 2022, unless the Commission determines that the construction or acquisition of such facilities is (i) necessary to maintain the reliability or security of electric service to customers or meet the renewable energy portfolio standard (RPS) program requirements established in this section and (ii) is the lowest-cost option to maintain the reliability or security of electric service to customers or meet the RPS program requirements.

01/25/22  House: Continued to 2023 in Commerce and Energy by voice vote

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HB 847 Virginia Resiliency Authority; established, definitions, report.

Introduced by: Robert S. Bloxom, Jr. (R - HD 100). Establishes the Virginia Resiliency Authority (the Authority) as a body politic and corporate, a political subdivision of the Commonwealth. The bill provides that the Authority shall be governed by a 17-member Board of Directors. Certain portions of the bill have a delayed effective date of January 1, 2023.

03/03/22  Senate: Continued to 2023 in Finance and Appropriations (12-Y 2-N 1-A)

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HB 1381 Marine Resources Commission; regulations for the management of menhaden.

Introduced by: Timothy V. Anderson (R - HD 83). Removes the restriction preventing the Marine Resources Commission from adopting regulations for the management of menhaden outside of the time period between October 1 and December 31.

11/07/22  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/18/23  House: Tabled in Agriculture, Chesapeake and Natural Resources (22-Y 0-N)

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HB 1383 Menhaden reduction fishing; prohibition.

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HB 1438 Oyster Replenishment Fund; oyster resource user fees to be credited to Fund. 

Introduced by: Timothy V. Anderson (R - HD 83). Adds the recycling of oyster shells to the list of activities eligible to receive funds from the Oyster Replenishment Fund. The bill also allows the Fund to be used for the encouragement of oyster shell donations for oyster replenishment projects.

12/19/22  House: Referred to Committee on Finance
01/19/23  House: Assigned Finance sub: Subcommittee #1
01/23/23  House: Subcommittee recommends reporting with amendments (6-Y 2-N)
01/25/23  House: Reported from Finance with amendment(s) (16-Y 6-N)
01/25/23  House: Referred to Committee on Appropriations
01/26/23  House: Assigned App. sub: Commerce Agriculture & Natural Resources
02/03/23  House: Reported from Appropriations (21-Y 0-N)
02/05/23  House: Read first time
02/06/23  House: Read second time
02/06/23  House: Committee amendments agreed to
02/06/23  House: Engrossed by House as amended HB1438E
02/07/23  House: Read third time and passed House (74-Y 24-N)
02/07/23  House: VOTE: Passage (74-Y 24-N)
02/08/23  Senate: Constitutional reading dispensed
02/08/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
02/13/23  Senate: Reported from Agriculture, Conservation and Natural Resources with substitite (13-Y 0-N)
02/13/23  Senate: Rereferred to Finance and Appropriations
02/14/23  Senate: Reported from Finance and Appropriations with substitute (15-Y 0-N)
02/14/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/15/23  Senate: Read third time
02/15/23  Senate: Committee substitute rejected 23106753D-S1
02/15/23  Senate: Committee substitute agreed to 23106861D-S2
02/15/23  Senate: Engrossed by Senate - committee substitute HB1438S2
02/15/23  Senate: Passed Senate with substitute (40-Y 0-N)
02/15/23  House: Senate substitute agreed to by House 23106861D-S2 (74-Y 22-N)
02/15/23  House: VOTE: Adoption (74-Y 22-N)
02/20/23  House: Enrolled
02/20/23  House: Bill text as passed House and Senate (HB1438ER)

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HB 1485 Chesapeake Bay Watershed Implementation Plan; effective date

Introduced by: Michael J. Webert (R - HD 18). Changes the contingency for the effective date of the Chesapeake Bay Watershed Implementation Plan to (i) allow consideration of a combination of point or nonpoint source pollution reduction efforts other than agricultural best management conservation practices when determining whether the Commonwealth's agriculture sector commitments in the Chesapeake Bay Total Maximum Daily Load Phase III Watershed Implementation Plan have been satisfied and (ii) bar such provisions from becoming effective unless the Commonwealth has fully funded the Virginia Natural Resources Commitment Fund as provided in the bill. The bill also advances from July 1, 2026, to July 1, 2030, the contingency effective date of the Chesapeake Bay Watershed Implementation Plan (the Plan). The bill requires the Secretary of Agriculture and Forestry and the Secretary of Natural and Historic Resources to convene a stakeholder advisory group to review annual progress and make certain recommendations toward the implantation of the Commonwealth's agricultural commitments in the Plan. The bill directs each soil and water conservation district to report to the Department any recommendations for improving the disbursement of funds from the Virginia Natural Resources Commitment Fund and program efficiencies that would expedite the disbursal of such funds. Finally, the bill prohibits any regulatory action to be imposed on agricultural practices before the effective date of the Chesapeake Bay Watershed Implementation Plan.

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HB 1623 Eastern Va. Groundwater Mgmt. Advisory Com.; removes annual report by DEQ on Committee.

Introduced by: Thomas C. Wright, Jr (R - HD 61). Eliminates the requirements that the Department of Environmental Quality (the Department) report annually the results of the Eastern Virginia Groundwater Management Advisory Committee's examinations and related recommendations to the State Water Commission, the Governor, and the General Assembly. The bill also repeals existing requirements that the Department report annually on its pollution prevention activities and that the chairman of the Virginia Roanoke River Basin Advisory Committee submit an annual executive summary of the interim activity and work of the committee.

01/07/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/25/23  House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (22-Y 0-N)
01/27/23  House: Read first time
01/30/23  House: Read second time
01/30/23  House: Engrossed by House - committee substitute HB1623H1
01/31/23  House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/31/23  House: VOTE: (99-Y 0-N)
02/01/23  Senate: Constitutional reading dispensed
02/01/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
02/14/23  Senate: Reported from Agriculture, Conservation and Natural Resources (8-Y 4-N)
02/16/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/20/23  Senate: Floor substitute printed 23107231D-S1 (Petersen)
02/20/23  Senate: Floor substitute printed 23107252D-S2 (Deeds)
02/20/23  Senate: Read third time
02/20/23  Senate: Substitute by Senator Petersen agreed to 23107231D-S1
02/20/23  Senate: Floor Substitute by Senator Deeds ruled out of order 23107252D-S2
02/20/23  Senate: Engrossed by Senate - floor substitute HB1623S1
02/20/23  Senate: Passed Senate with substitute (40-Y 0-N)
02/21/23  House: Senate substitute rejected by House 23107231D-S1
02/21/23  House: VOTE: REJECTED (6-Y 87-N)
02/22/23  Senate: Senate insisted on substitute (40-Y 0-N)
02/22/23  Senate: Senate requested conference committee
02/23/23  House: House acceded to request
02/23/23  House: Conferees appointed by House
02/23/23  House: Delegates: Wright, Ware, Plum
02/23/23  Senate: Conferees appointed by Senate
02/23/23  Senate: Senators: Petersen, Suetterlein, Marsden
02/25/23  House: No further action taken
02/25/23  House: Failed to pass in House

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HB 1628 Wetland and Stream Replacement Fund; availability of credits, use of funds.

Introduced by: Carrie E. Coyner (R - HD 62). Permits the Department of Environmental Quality to use the Wetland and Stream Replacement Fund for purposes other than the purchase of mitigation bank credits, as set out in the bill, if the Department makes a determination within two years after the collection of moneys for a specific impact that mitigation bank credits for such impact will not be available within three years. Currently, the Department can use such funds for other specified purposes if after three years no mitigation bank credits are available for purchase.

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HB 1632 Virginia Erosion and Stormwater Management Act; regulations, effective date.

Introduced by: David L. Bulova (R - HD 37). Directs the State Water Control Board to adopt regulations to implement before July 1, 2024, the requirements of amendments to the Virginia Erosion and Stormwater Management Act enacted by the 2016 Session and amended by the 2017 Session and delays from July 1, 2018, to July 1, 2024, the effective date of the amendments made by the 2016 Session and regulations required to be adopted pursuant thereto.

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HB 1634 Comprehensive plan; plan encouraged to consider strategies to address resilience.

Introduced by: David L. Bulova (D - HD 37). Comprehensive plan; strategies to address resilience. Requires localities to consider strategies to address resilience in their comprehensive plans.

01/07/23  House: Referred to Committee on Counties, Cities and Towns
01/23/23  House: Assigned CC & T sub: Subcommittee #1
01/27/23  House: Subcommittee recommends reporting with amendments (9-Y 0-N)
02/03/23  House: Reported from Counties, Cities and Towns with amendment(s) (22-Y 0-N)
02/05/23  House: Read first time
02/06/23  House: Read second time
02/06/23  House: Committee amendment agreed to
02/06/23  House: Engrossed by House as amended HB1634E
02/07/23  House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/07/23  House: VOTE: Block Vote Passage (99-Y 0-N)
02/08/23  Senate: Constitutional reading dispensed
02/08/23  Senate: Referred to Committee on Local Government
02/20/23  Senate: Reported from Local Government (13-Y 0-N)
02/21/23  Senate: Constitutional reading dispensed (39-Y 0-N)
02/22/23  Senate: Read third time
02/22/23  Senate: Passed Senate (40-Y 0-N)

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HB 1664 Blue Catfish Processing, Flash Freezing, and Infrastructure Grant Program; created. 

Introduced by: M. Keith Hodges (R - HD 98). Establishes the Governor's' Blue Catfish Processing, Flash Freezing, and Infrastructure Grant Program and authorizes the Governor to award grants to political subdivisions from the Governor's Agriculture and Forestry Industries Development Fund as part of the Program. Such grants, in amounts up to $250,000, shall be awarded as reimbursable grants to support blue catfish processing, flash freezing, and infrastructure projects. The bill directs the Secretary of Agriculture and Forestry to develop certain guidelines as provided in the bill on behalf of the Governor to facilitate the Program.

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HB 1721 Public drinking water; Commissioner of Health's work group to study occurence of microplastics. 

Introduced by: Nadarius E. Clark (D - HD 79). Directs the Commissioner of Health to convene a work group to study the occurrence of microplastics in the Commonwealth's public drinking water. The bill requires the work group to report its findings and recommendations to the Governor and the Chairmen of the House Committees on Agriculture, Chesapeake and Natural Resources and Health, Welfare and Institutions and the Senate Committees on Agriculture, Conservation and Natural Resources and Education and Health by December 1, 2023.

01/09/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/20/23  House: Assigned ACNR sub: Chesapeake
02/07/23  House: Left in Agriculture, Chesapeake and Natural Resources

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HB 1746 Regional planning; climate resilience to be included as part of strategic plans. 

Introduced by: Rodney T. Willett (D - HD 73). Requires planning district commissions to include climate resilience as part of their strategic plans.

01/09/23  House: Referred to Committee on Counties, Cities and Towns
01/23/23  House: Assigned CC & T sub: Subcommittee #1
01/27/23  House: Subcommittee recommends laying on the table (5-Y 4-N)
02/07/23  House: Left in Counties, Cities and Towns

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HB 1797 Renewable energy; offshore wind development. 

Introduced by: Nicholas J. Freitas (R - HD 30). Provides that for the life of offshore wind facilities constructed by a Phase II Utility, customers shall be held harmless for any shortfall in energy production below an annual net capacity factor of 42 percent, as measured on a three-year rolling average and as determined by the State Corporation Commission.

01/10/23  House: Referred to Committee on Commerce and Energy
01/26/23  House: Assigned sub: Subcommittee #4
01/31/23  House: Reported from Commerce and Energy (12-Y 9-N)
02/02/23  House: Read first time
02/06/23  House: Read second time and engrossed
02/07/23  House: Read third time and passed House (51-Y 48-N)
02/07/23  House: VOTE: Passage (51-Y 48-N)
02/08/23  Senate: Constitutional reading dispensed
02/08/23  Senate: Referred to Committee on Commerce and Labor
02/20/23  Senate: Passed by indefinitely in Commerce and Labor (13-Y 2-N)

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HB 1804  Tidal wetland mitigation bank; credits.

Introduced by: Robert S. Bloxom Jr. (R - HD 100). Authorizes certain entities to purchase or use credits from a tidal wetland mitigation bank located in an adjacent river watershed when such bank contains the same plant community type and salinity regime as the impacted wetlands, which shall be the preferred form of compensation. The provisions of the bill apply only to tidal wetland mitigation banks with a polyhaline salinity regime located in certain subbasins when a tidal wetland mitigation bank with the same plant community type and salinity regime as the impacted wetlands is not available in the same river watershed as the impacted wetland.

01/10/23 House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/17/23  House: Assigned ACNR sub: Chesapeake
01/30/23  House: Subcommittee recommends reporting (5-Y 4-N)
02/01/23  House: Reported from Agriculture, Chesapeake and Natural Resources (12-Y 10-N)
02/03/23  House: Read first time
02/06/23  House: Read second time and engrossed
02/07/23  House: Read third time and passed House (52-Y 47-N)
02/07/23  House: VOTE: Passage (52-Y 47-N)
02/08/23  Senate: Constitutional reading dispensed
02/08/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
02/14/23  Senate: Reported from Agriculture, Conservation and Natural Resources with amendment (15-Y 0-N)
02/16/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/17/23  Senate: Read third time
02/17/23  Senate: Committee amendments agreed to
02/17/23  Senate: Engrossed by Senate as amended
02/17/23  Senate: Passed Senate with amendments (39-Y 0-N)
02/21/23  House: Senate amendments agreed to by House (96-Y 1-N)
02/21/23  House: VOTE: Adoption (96-Y 1-N)
02/24/23  House: Enrolled
02/24/23  House: Bill text as passed House and Senate (HB1804ER)

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HB 1807 Flood plain management; state agency compliance with regulations.

Introduced by: Robert S. Bloxom Jr. (R - HD 100). Directs the Department of Conservation and Recreation, no later than September 30, 2023, and in cooperation with numerous Secretariats and the Special Assistant to the Governor for Coastal Adaptation and Protection, to establish standards for development in a flood plain for all state agencies and departments. Such standards shall require at least compliance with the National Flood Insurance Program and shall require that any development undertaken by an agency or department on state-owned land located in a Special Flood Hazard Area be protected or flood-proofed against flooding and flood damage. The bill also requires any state agency or department, when developing a facility on state-owned property located in a flood plain, to either adhere to all local flood plain management regulations or receive Department approval of compliance with the applicable state standard for development in a flood plain, provided that such standard does not jeopardize a locality's participation in the National Flood Insurance Program. Such compliance shall be documented and provided by the Department to the applicant prior to preliminary design approval of a project by the Department of General Services. The bill allows the Department of General Services to issue a variance if no feasible alternative to developing a facility in the flood plain exists and if one of several other conditions provided in the bill is met.

01/10/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/18/23  House: Reported from Agriculture, Chesapeake and Natural Resources (21-Y 0-N)
01/24/23  House: VOTE: Block Vote Passage (100-Y 0-N)
01/25/23  Senate: Constitutional reading dispensed
01/25/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
02/14/23  Senate: Reported from Agriculture, Conservation and Natural Resources with substitite (15-Y 0-N)
02/14/23  Senate: Committee substitute printed 23106936D-S1
02/16/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/17/23  Senate: Read third time
02/17/23  Senate: Committee substitute agreed to 23106936D-S1
02/17/23  Senate: Engrossed by Senate - committee substitute HB1807S1
02/17/23  Senate: Passed Senate with substitute (39-Y 0-N)
02/21/23  House: Senate substitute agreed to by House 23106936D-S1 (98-Y 0-N)
02/21/23  House: VOTE: Adoption (98-Y 0-N)
02/24/23  House: Enrolled
02/24/23  House: Bill text as passed House and Senate (HB1807ER)

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HB 1854 Offshore wind energy development; SCC required to submit a report regarding status of projects.

Introduced by: Suhas Subramanyam (D - HD 87).  Requires the State Corporation Commission to submit a report regarding the status of offshore wind energy projects approved by the Commission no later than December 31, 2023, and annually thereafter to certain committees of the General Assembly, the Secretary of Natural and Historic Resources, and the Secretary of Commerce and Trade. The bill contains requirements and considerations for the initial report and subsequent annual reports and requires electric utilities proposing offshore wind development to consider and incorporate information from the Commission's annual reports and any recommendations contained therein.

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HB 1839 South Central Wastewater Authority; watershed general permit for nutrients. 

Introduced by: Kim A. Taylor (R - HD 63). Directs the South Central Wastewater Authority (SCWWA) to submit a phased construction program to the Department of Environmental Quality (the Department) by August 1, 2023, which the Department shall approve by September 1, 2023, or as soon as possible thereafter. Such phased upgrade construction program for the SCWWA shall be completed as soon as possible on a schedule approved by the Department but no later than January 1, 2030. The bill requires the SCWWA to begin the initial phase of construction by December 31, 2023, or within 150 days of approval by the Department of the phased construction program, whichever is later. The bill requires the SCWWA to comply with certain requirements regarding its progress toward completing the phased construction program. The bill also directs the Department to amend certain water quality improvement agreements and the Virginia Pollutant Discharge Elimination System permit for the SCWWA wastewater treatment facility to conform to the provisions of the bill.

01/10/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/17/23  House: Assigned ACNR sub: Natural Resources
01/25/23  House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (22-Y 0-N)
01/27/23  House: Read first time
01/30/23  House: Read second time
01/30/23  House: Committee substitute agreed to 23104753D-H1
01/30/23  House: Engrossed by House - committee substitute HB1839H1
01/31/23  House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/31/23  House: VOTE: (99-Y 0-N)
02/01/23  Senate: Constitutional reading dispensed
02/01/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
02/14/23  Senate: Reported from Agriculture, Conservation and Natural Resources (12-Y 0-N)
02/16/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/17/23  Senate: Read third time
02/17/23  Senate: Passed Senate (39-Y 0-N)
02/22/23  House: Enrolled
02/22/23  House: Bill text as passed House and Senate (HB1839ER)
02/22/23  House: Signed by Speaker
02/24/23  Senate: Signed by President

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HB 1941 Septic systems; loans to local governments of other entitites,

Introduced by: M. Keith Hodges (R - HD 98). Authorizes the State Water Control Board to provide loans from the Virginia Water Facilities Revolving Fund to a local government for the purpose of correcting onsite sewage disposal problems (small water facility projects) to protect or improve water quality and prevent the pollution of state waters. The bill allows loan funding for repairs or upgrades to onsite sewage disposal systems that are owned by eligible businesses, defined in relevant law, where public health or water quality concerns are present and connection to a public sewer system is not feasible because of location or cost.

01/10/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/17/23  House: Assigned ACNR sub: Natural Resources
01/25/23  House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (22-Y 0-N)
01/27/23  House: Read first time
01/30/23  House: Read second time
01/30/23  House: Engrossed by House - committee substitute HB1941H1
01/31/23  House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/31/23  House: VOTE: (99-Y 0-N)
02/01/23  Senate: Constitutional reading dispensed
02/01/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
02/14/23  Senate: Reported from Agriculture, Conservation and Natural Resources (15-Y 0-N)
02/16/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/17/23  Senate: Read third time
02/17/23  Senate: Passed Senate (39-Y 0-N)
02/22/23  House: Enrolled
02/22/23  House: Bill text as passed House and Senate (HB1941ER)
02/22/23  House: Signed by Speaker
02/24/23  Senate: Signed by President

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HB 1949 Oyster-planting grounds; fees. 

Introduced by: Robert S. Bloxom, Jr. (R - HD 100). Reduces the lease application fees and lease transfer fees for general oyster-planting grounds and riparian oyster-planting grounds to $300 for leases of less than 10 acres, $400 for leases of 10 acres or more but less than 100 acres, and $500 for leases of 100 acres or more. Such fees in current law are $300 for leases of less than five acres, $500 for leases of five to 25 acres, and $1,000 for leases of more than 25 acres. The bill increases the fee for transferring a riparian planting ground assignment from $5 to $300 when ownership of such riparian assignment is transferred with ownership of the adjacent highland.

01/10/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/20/23  House: Assigned ACNR sub: Chesapeake
01/23/23  House: Subcommittee recommends reporting (9-Y 0-N)
01/23/23  House: Subcommittee recommends referring to Committee on Appropriations
01/25/23  House: Reported from Agriculture, Chesapeake and Natural Resources (22-Y 0-N)
01/25/23  House: Referred to Committee on Appropriations
01/25/23  House: Assigned App. sub: Commerce Agriculture & Natural Resources
02/01/23  House: Reported from Appropriations (21-Y 0-N)
02/03/23  House: Read first time
02/06/23  House: Read second time and engrossed
02/07/23  House: Read third time and passed House (98-Y 0-N 1-A)
02/07/23  House: VOTE: Passage (98-Y 0-N 1-A)
02/08/23  Senate: Constitutional reading dispensed
02/08/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
02/14/23  Senate: Reported from Agriculture, Conservation and Natural Resources with substitite (15-Y 0-N)
02/16/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/17/23  Senate: Read third time
02/17/23  Senate: Committee substitute agreed to 23106941D-S1
02/17/23  Senate: Engrossed by Senate - committee substitute HB1949S1
02/17/23  Senate: Passed Senate with substitute (39-Y 0-N)
02/21/23  House: Senate substitute rejected by House 23106941D-S1 (1-Y 95-N)
02/21/23  House: VOTE: REJECTED (1-Y 95-N)
02/22/23  Senate: Senate insisted on substitute (40-Y 0-N)
02/22/23  Senate: Senate requested conference committee
02/23/23  House: House acceded to request
02/23/23  House: Conferees appointed by House
02/23/23  House: Delegates: Bloxom, Edmunds, Bulova
02/23/23  Senate: Conferees appointed by Senate
02/23/23  Senate: Senators: Petersen, Lewis, Stuart
02/23/23  Conference: Amended by conference committee
02/24/23  House: Conference report agreed to by House (94-Y 0-N)
02/24/23  House: VOTE: Adoption (94-Y 0-N)
02/24/23  Senate: Conference report agreed to by Senate (40-Y 0-N)

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HB 1950 Wetlands; Commission to review certain guidlines. 

Introduced by: Robert S. Bloxom, Jr (R - HD 100). Directs the Virginia Marine Resources Commission (VMRC) to review and update the Commission's "Guidelines for Establishment, Use and Operation of Tidal Wetland Mitigation Banks in Virginia" (January 1, 1998) and its regulations, Wetlands Mitigation-Compensation Banks and Supplemental Guidelines (the Guidelines). The bill requires VMRC to consider provisions relating to the generation of vegetated and unvegetated wetland credits from wetland creation, restoration, conversion, and enhancement activities; invasive species control; and the establishment of open water channels. The bill requires VMRC to form a stakeholder group for the purpose of reviewing and updating the Guidelines.

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HB 1970 Virginia Coastal Resilience Technical Advisory Committee; renames Committee.

Introduced by: Elizabeth B. Bennett-Parker (D - HD 45). Virginia Coastal Resilience Technical Advisory Committee; Virginia Flood Protection Master Plan. Renames the Virginia Coastal Resilience Technical Advisory Committee as the Virginia Resilience Technical Advisory Committee, removes the provision in current law that members of the Committee shall include executive directors of planning district commissions or their designees from coastal areas only, and requires the Committee to assist the Department of Conservation and Recreation in developing, updating, and implementing the Virginia Flood Protection Master Plan.

01/10/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/13/23  House: Assigned ACNR sub: Chesapeake
01/16/23  House: Subcommittee recommends laying on the table (10-Y, 0-N)
02/07/23  House: Left in Agriculture, Chesapeake and Natural Resources

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HB 2004 Federally recognized Tribal Nations in the Commonwealth; consultation on permits and reviews. 

Introduced by Paul E. Krizek   (D - HD 44). Requires the Department of Conservation and Recreation, the Department of Environmental Quality, the Department of Historic Resources, and the Virginia Marine Resources Commission to establish policies and procedures for consulting with federally recognized Tribal Nations in the Commonwealth when evaluating certain permits and reviews relating to environmental, cultural, or historic resources that potentially impact those federally recognized Tribal Nations in the Commonwealth. The bill directs the Secretary of the Commonwealth to designate an Ombudsman for Tribal Consultation to facilitate communication and consultation with federally recognized Tribal Nations in the Commonwealth. The bill codifies Executive Order 82 (2021).

01/10/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
02/07/23  House: Left in Agriculture, Chesapeake and Natural Resources

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HB 2181 Subaqueous beds; nontidal waters, permit requirements, penalty.

Introduced by: James W. Morefield (R - HD 3). Use of subaqueous beds; nontidal waters; permit requirements; penalty. Authorizes any person to build, dump, trespass, encroach upon or over, or take or use any materials from subaqueous beds that are the property of the Commonwealth, provided that such activity is conducted in nontidal waters and such person obtains a Virginia Water Protection Permit and complies with all requirements of the Virginia Water Resources and Wetlands Protection Program. A violation of the provisions of the bill is a Class 1 misdemeanor.

01/11/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/23/23  House: Subcommittee recommends reporting with substitute (7-Y 2-N)
01/25/23  House: Reported from Agriculture, Chesapeake and Natural Resources with amendment(s) (22-Y 0-N)
01/27/23  House: Read first time
01/30/23  House: Read second time
01/30/23  House: Committee amendments agreed to
01/30/23  House: Engrossed by House as amended HB2181E
01/31/23  House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/31/23  House: VOTE: (99-Y 0-N)
02/01/23  Senate: Constitutional reading dispensed
02/01/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
02/14/23  Senate: Reported from Agriculture, Conservation and Natural Resources (12-Y 0-N)
02/16/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/17/23  Senate: Read third time
02/17/23  Senate: Passed Senate (39-Y 0-N)
02/22/23  House: Enrolled
02/22/23  House: Bill text as passed House and Senate (HB2181ER)
02/22/23  House: Signed by Speaker
02/24/23  Senate: Signed by President

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HB 2214 Virginia Residential Property Disclosure Act; required disclosures, resource protection areas.

Introduced by: Kathy K.L. Tran (D - HD 42). Virginia Residential Property Disclosure Act; required disclosures; resource protection areas; locality to send notice. Requires the owner of residential real property located in the Commonwealth who has actual knowledge that the property contains a resource protection area established under the Chesapeake Bay Preservation Act to disclose such fact to the purchaser of such property on a form provided by the Real Estate Board on its website. The bill also requires any locality that is subject to the Chesapeake Bay Preservation Act to send, on a yearly basis, to every owner of real property containing a resource protection area written notice informing the owner of the importance of such fact and the penalties that may be imposed by the locality for a violation of any zoning, subdivision, or other ordinance adopted in accordance with the Chesapeake Bay Preservation Act.

Impact statement is available. House subcommittee amendments and substitutes offered.

01/11/23  House: Referred to Committee on General Laws
01/18/23  House: Assigned GL sub: Subcommittee #2
01/19/23  House: Subcommittee recommends laying on the table (5-Y 3-N)
02/07/23  House: Left in General Laws

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HB 2393 Coastal resilience policy; research university collaborative. 

Introduced by: M. Keith Hodges (HD - 98). Coastal resilience policy; research university collaborative. Directs the Secretary of Natural and Historic Resources and all relevant agencies, when setting coastal resilience policies, to seek input and consultation from the Commonwealth's research university collaborative, including the Virginia Coastal Policy Center, Virginia Sea Grant, Virginia Cooperative Extension, and the Institute for Coastal Adaptation and Resilience. The bill directs the Secretary and all relevant agencies to utilize such research university collaborative's expertise, research, and data analysis for the implementation of water management techniques and coastal resilience strategies.

01/17/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/25/23  House: Reported from Agriculture, Chesapeake and Natural Resources with amendment(s) (22-Y 0-N)
01/27/23  House: Read first time
01/30/23  House: Read second time
01/30/23  House: Committee amendments agreed to
01/30/23  House: Engrossed by House as amended HB2393E
01/31/23  House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/31/23  House: VOTE: (99-Y 0-N)
02/01/23  Senate: Constitutional reading dispensed
02/01/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
02/14/23  Senate: Reported from Agriculture, Conservation and Natural Resources (15-Y 0-N)
02/16/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/17/23  Senate: Read third time
02/17/23  Senate: Passed Senate (39-Y 0-N)
02/22/23  House: Enrolled
02/22/23  House: Bill text as passed House and Senate (HB2393ER)
02/22/23  House: Signed by Speaker
02/24/23  Senate: Signed by President

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HB 2444 Offshore wind capacity; development, cost recovery.

Introduced by Robert S. Bloxom, Jr. (R - HD 100). Provides that the State Corporation Commission shall give preference to requests for cost recovery by a Phase II Utility for generating facilities utilizing energy derived from offshore wind that maximize economic benefits to the Commonwealth. The bill also shortens the timeline for public utilities to construct or purchase one or more offshore wind generation facilities located off the Commonwealth's Atlantic shoreline or in federal waters and interconnected directly into the Commonwealth from 2034 to 2032.

01/20/23  House: Referred to Committee on Commerce and Energy
02/02/23  House: Reported from Commerce and Energy with amendment(s) (20-Y 2-N)
02/05/23  House: Read first time
02/06/23  House: Read second time
02/06/23  House: Committee amendment agreed to
02/06/23  House: Engrossed by House as amended HB2444E
02/07/23  House: Read third time and passed House (90-Y 5-N)
02/07/23  House: VOTE: Passage (90-Y 5-N)
02/08/23  Senate: Constitutional reading dispensed
02/08/23  Senate: Referred to Committee on Commerce and Labor
02/13/23  Senate: Reported from Commerce and Labor (15-Y 0-N)
02/15/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/16/23  Senate: Read third time
02/16/23  Senate: Passed Senate (38-Y 2-N)
02/21/23  House: Enrolled
02/21/23  House: Bill text as passed House and Senate (HB2444ER)
02/21/23  House: Signed by Speaker
02/23/23  Senate: Signed by President

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HJ 516 Recurrent Flooding, Joint Subcommittee on; continued membership increase.

Introduced by: Elizabeth B. Bennett-Parker (D - HD 45). Increases the total membership of the Joint Subcommittee on Recurrent Flooding from 11 to 17 by increasing the number of nonlegislative members from three to seven. The additional nonlegislative members include representatives from the environmental, development, and business communities, a certified floodplain manager, and three local elected officials representing three of Virginia's flood-prone communities.

SB 50 De minimis subaqueous disturbances; no permit required.

Introduced by: John A. Cosgrove, Jr. (R - SD 14). Provides that no permit shall be required for (i) the placement of piles for an existing private pier or to establish a boat slip or mooring within the owner's riparian area or (ii) a de minimis subaqueous disturbance of 10 square feet or less for purposes of placing a pile more than 50 feet from a marked navigation channel.

03/02/22  House: Continued to 2023 in Agriculture, Chesapeake and Natural Resources by voice vote

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SB 171 Harmful algal bloom mitigation; Department of Health to develop and implement a plan.

Introduced by: Mark J. Peake (R - SD 22). Directs the Department of Health to develop and implement a harmful algal bloom mitigation plan.

01/26/22  Senate: Continued to 2023 in Finance and Appropriations (15-Y 0-N)

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SB 482 Tribal Nations; consultation w/federally recognized, permits and review w/potential impacts.

Companion legislation to HB 715. Introduced by: Jennifer L. McClellan (D - SD 9). Requires the Department of Conservation and Recreation, the Department of Environmental Quality, the Department of Historic Resources, and the Virginia Marine Resources Commission to establish policies and procedures for consulting with federally recognized Tribal Nations in the Commonwealth when evaluating certain permits and reviews with potential impacts on environmental, cultural, or historic resources or that would have tribal implications, as defined in the bill. The bill directs the Secretary of the Commonwealth to designate an Ombudsman for Tribal Consultation to facilitate communication and consultation with Tribal Nations. The bill codifies Executive Order 82 (2021).

03/02/22  House: Continued to 2023 in Agriculture, Chesapeake and Natural Resources by voice vote

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SB 489 Water quality funds; localities in fiscal stress.

Introduced by: Jennifer L. McClellan (D - SD 9). Directs that, to the maximum extent practicable, at least 25 percent of the grant agreements entered into by the Department of Conservation and Recreation, at least 25 percent by the Department of Environmental Quality from the Water Quality Improvement Fund, and at least 25 percent of the grants from the Stormwater Local Assistance Fund be for projects in localities with high or above average fiscal stress.

02/08/22  Senate: Continued to 2023 in Agriculture, Conservation and Natural Resources (13-Y 0-N)

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SB 569 Coastal Virginia Resiliency Authority; established, members, report.

Introduced by: Jennifer A. Kiggans (R - SD 7). Establishes the Coastal Virginia Resiliency Authority (the Authority) as a body politic and corporate, a political subdivision of the Commonwealth. The bill provides that the Authority shall be governed by a 17-member Board of Directors as follows: (i) the Secretary of Natural and Historic Resources or his designee; (ii) the Secretary of Transportation or his designee; (iii) the Chair of the Senate Committee on Agriculture, Conservation and Natural Resources or his designee; (iv) the Chair of the House Committee on Agriculture, Chesapeake and Natural Resources or his designee; (v) two members of the Senate appointed by the Senate Committee on Rules; (vi) two members of the House of Delegates appointed by the Speaker of the House; (vii) an Officer, defined in the bill, from the each of the Hampton Roads, Crater, Richmond Region, Middle Peninsula, Northern Neck, and Accomack-Northampton Planning District Commissions selected by the Governor; and (viii) three non-legislative members who reside in the Hampton Roads, Crater, Richmond Region, Middle Peninsula, Northern Neck, or Accomack-Northampton Planning District Commissions appointed by the Joint Rules Committee. Certain portions of the bill have a delayed effective date of January 1, 2023.

02/10/22  Senate: Continued to 2023 in Finance and Appropriations (11-Y 5-N)

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SB 654 Wetland and stream mitigation banks; location of site.

Introduced by: Jennifer L. McClellan (D - SD 9). Allows a permit applicant to purchase wetland and stream mitigation credits from the locality in which the site is located if no credits are available to purchase in the primary service area or no credits are available at a price below 200 percent of the current price of credits.

02/08/22  Senate: Continued to 2023 in Agriculture, Conservation and Natural Resources (13-Y 0-N)

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SB 773 Oyster lease holders; response to wetlands board or Virginia Marine Resource Commission.

Introduced by: John A. Cosgrove, Jr. (R - SD 14). Provides that failure of an oyster lease holder to respond to a wetlands board or Virginia Marine Resource Commission request regarding an application within 30 days of receipt of such request shall be deemed to be consent to the application.

02/08/22  Senate: Continued to 2023 in Agriculture, Conservation and Natural Resources (15-Y 0-N)

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SB 867 Wetlands zoning permit; eliminates notarization requirement.

Introduced by: John A. Cosgrove, Jr (R - SD 14). Eliminates the notarization requirement for a permit issued by a local wetlands board for the use or development of any wetland.

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SB 897 Governor's Blue Catfish Industries Development Fund; established, etc., report.

Introduced by: Richard H. Stuart (R - SD 28). Creates the Governor's Blue Catfish Industries Development Fund. The bill establishes the Blue Catfish Industries Development Planning Grant Program and the Blue Catfish Flash Freeze Grant Program to encourage efforts by political subdivisions to support the blue catfish industry and the flash freezing of such catfish. Grants and loans will be awarded to such subdivisions to support efforts to attract value-added facilities using blue catfish. Under the program, localities may apply for grants or loans after having established a relationship with a new or expanding business that is expanding blue catfish processing, flash freezing, or value-added facilities using blue catfish.

01/05/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/24/23  Senate: Reported from Agriculture, Conservation and Natural Resources with substitite (15-Y 0-N)
01/24/23  Senate: Rereferred to Finance and Appropriations
02/01/23  Senate: Reported from Finance and Appropriations (16-Y 0-N)
02/02/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/03/23  Senate: Read second time
02/03/23  Senate: Reading of substitute waived
02/03/23  Senate: Committee substitute agreed to 23105061D-S1
02/03/23  Senate: Engrossed by Senate - committee substitute SB897S1
02/03/23  Senate: Constitutional reading dispensed (39-Y 0-N)
02/03/23  Senate: Passed Senate (38-Y 0-N)
02/09/23  House: Read first time
02/09/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
02/15/23  House: Reported from Agriculture, Chesapeake and Natural Resources (19-Y 1-N)
02/15/23  House: Referred to Committee on Appropriations
02/17/23  House: Reported from Appropriations (21-Y 0-N)
02/21/23  House: Read second time
02/22/23  House: Read third time
02/22/23  House: Passed House (88-Y 10-N)
02/22/23  House: VOTE: Passage (88-Y 10-N)

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SB 899 Oyster-planting grounds; fees.

Introduced by: Richard H. Stuart (R - SD 28). Reduces the lease application fees and lease transfer fees for general oyster-planting grounds and riparian oyster-planting grounds to $300 for leases of less than 10 acres, $400 for leases of 10 acres or more but less than 100 acres, and $500 for leases of 100 acres or more. Such fees in current law are $300 for leases of less than five acres, $500 for leases of five to 25 acres, and $1,000 for leases of more than 25 acres. The bill increases the fee for transferring a riparian planting ground assignment from $5 to $300 when ownership of such riparian assignment is transferred with ownership of the adjacent highland.

01/05/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/24/23  Senate: Reported from Agriculture, Conservation and Natural Resources (15-Y 0-N)
01/24/23  Senate: Rereferred to Finance and Appropriations
02/01/23  Senate: Reported from Finance and Appropriations (16-Y 0-N)
02/02/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/03/23  Senate: Read second time and engrossed
02/03/23  Senate: Constitutional reading dispensed (39-Y 0-N)
02/03/23  Senate: Passed Senate (38-Y 0-N)
02/09/23  House: Read first time
02/09/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
02/15/23  House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (20-Y 0-N)
02/15/23  House: Committee substitute printed 23106969D-H1
02/17/23  House: Read second time
02/20/23  House: Read third time
02/20/23  House: Committee substitute agreed to 23106969D-H1
02/20/23  House: Engrossed by House - committee substitute SB899H1
02/20/23  House: Passed House with substitute BLOCK VOTE (99-Y 0-N)
02/20/23  House: VOTE: Block Vote Passage (99-Y 0-N)
02/21/23  Senate: House substitute rejected by Senate (0-Y 40-N)
02/22/23  House: House insisted on substitute
02/22/23  House: House requested conference committee
02/23/23  Senate: Senate acceded to request (40-Y 0-N)
02/23/23  Senate: Conferees appointed by Senate
02/23/23  Senate: Senators: Petersen, Lewis, Stuart
02/23/23  House: Conferees appointed by House
02/23/23  House: Delegates: Bloxom, Edmunds, Bulova
02/23/23  Conference: Amended by conference committee
02/24/23  House: Conference report agreed to by House (90-Y 2-N)
02/24/23  House: VOTE: Adoption (90-Y 2-N)
02/24/23  Senate: Conference report agreed to by Senate (40-Y 0-N)

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SB 959 Chesapeake Bay; nutrient credit calculations outside the watershed.

Introduced by: Emmett W. Hanger, Jr (R - SD 24). Establishes that nutrient credits generated through stream restoration projects that are certified by the Department of Environmental Quality and located in tributaries outside of the Chesapeake Bay watershed shall be calculated using a delivery factor of 1.0, as defined in the Code.

01/06/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/31/23  Senate: Reported from Agriculture, Conservation and Natural Resources with substitite (14-Y 0-N)
02/02/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/03/23  Senate: Constitutional reading dispensed (39-Y 0-N)
02/03/23  Senate: Read second time
02/03/23  Senate: Reading of substitute waived
02/03/23  Senate: Committee substitute agreed to 23105844D-S1
02/03/23  Senate: Engrossed by Senate - committee substitute SB959S1
02/03/23  Senate: Passed Senate (38-Y 0-N)
02/07/23  House: Read first time
02/07/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
02/10/23  House: Assigned ACNR sub: Chesapeake
02/13/23  House: Subcommittee recommends reporting (9-Y 1-N)
02/15/23  House: Reported from Agriculture, Chesapeake and Natural Resources (18-Y 1-N)
02/17/23  House: Read second time
02/20/23  House: Read third time
02/20/23  House: Passed House (86-Y 10-N 2-A)
02/20/23  House: VOTE: Passage (86-Y 10-N 2-A)
02/23/23  Senate: Enrolled
02/23/23  Senate: Bill text as passed Senate and House (SB959ER)
02/23/23  House: Signed by Speaker
02/25/23  Senate: Signed by President

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SB 997 Oyster Shell Waste Diversion Fund; created.

Introduced by: T. Montgomery "Monty" Mason (D - SD 1). Creates the Oyster Shell Waste Diversion Fund, the purpose of which shall be the diversion of oyster shells from landfills and promoting the beneficial reuse of such shells in oyster restoration activities.

01/06/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/17/23  Senate: Reported from Agriculture, Conservation and Natural Resources (15-Y 0-N)
01/17/23  Senate: Rereferred to Finance and Appropriations
01/31/23  Senate: Reported from Finance and Appropriations with substitute (15-Y 0-N)
02/01/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/02/23  Senate: Read second time
02/02/23  Senate: Committee substitute agreed to 23105621D-S1
02/02/23  Senate: Engrossed by Senate - committee substitute SB997S1
02/02/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/02/23  Senate: Passed Senate (40-Y 0-N)
02/07/23  House: Read first time
02/07/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
02/08/23  House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (21-Y 1-N)
02/08/23  House: Referred to Committee on Appropriations
02/10/23  House: Assigned App. sub: Commerce Agriculture & Natural Resources
02/13/23  House: Reported from Appropriations with amendment(s) (21-Y 0-N)
02/15/23  House: Read second time
02/16/23  House: Read third time
02/16/23  House: Committee on Agriculture, Chesapeake and Natural Resources substitute agreed to 23106467D-H1
02/16/23  House: Committee on Appropriations amendments agreed to
02/16/23  House: Engrossed by House - committee substitute with amendments SB997H1
02/16/23  House: Passed House with substitute with amendments (78-Y 18-N)
02/16/23  House: VOTE: Passage (78-Y 18-N)
02/20/23  Senate: House substitute with amendments agreed to by Senate (39-Y 1-N)
02/23/23  Senate: Enrolled
02/23/23  Senate: Bill text as passed Senate and House (SB997ER)
02/23/23  House: Signed by Speaker
02/25/23  Senate: Signed by President

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SB 1001 Clean Energy and Community Flood Preparedness Act; repeals Act.

Introduced by: Richard H. Stuart (R - SD 28). Repeals the Clean Energy and Community Flood Preparedness Act and directs the Director of the Department of Environmental Quality to take all steps necessary to suspend the Commonwealth's participation in the Regional Greenhouse Gas Initiative market-based trading program.

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SB 1074 Subaqueous beds; nontidal waters, permit requirements, penalty.

Introduced by: Richard H. Stuart (R - SD 28). Authorizes any person to build, dump, trespass, encroach upon or over, or take or use any materials from subaqueous beds that are the property of the Commonwealth, provided that such activity is conducted in nontidal waters and such person obtains a Virginia Water Protection Permit and complies with all requirements of the Virginia Water Resources and Wetlands Protection Program. A violation of the provisions of the bill is a Class 1 misdemeanor.

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SB 1129 Chesapeake Bay Watershed Implementation Plan; changes contingency for effective date.

Introduced by: Emmett W. Hanger, Jr (R - SD 24). Changes the contingency for the effective date of the Chesapeake Bay Watershed Implementation Plan to (i) allow consideration of a combination of point or nonpoint source pollution reduction efforts other than agricultural best management conservation practices when determining whether the Commonwealth's commitments in the Chesapeake Bay Total Maximum Daily Load Phase III Watershed Implementation Plan have been satisfied and (ii) bar such provisions from becoming effective unless the Commonwealth has fully funded the Virginia Natural Resources Commitment Fund until June 30, 2030. The bill also advances from July 1, 2026, to July 1, 2030, the contingency effective date of the Chesapeake Bay Watershed Implementation Plan. The bill requires the Department of Conservation and Recreation to submit an annual report analyzing the use of funds from the Virginia Agricultural Best Management Practices Cost-Share Program to demonstrate whether farmers or landowners are participating in the Program at levels to maximize nutrient load reductions. The bill directs each soil and water conservation district to report to the Department any recommendations for improving the disbursement of funds from the Virginia Natural Resources Commitment Fund and program efficiencies that would expedite the disbursal of such funds. Finally, the bill prohibits any regulatory action to be imposed on agricultural practices before the effective date of the Chesapeake Bay Watershed Implementation Plan.

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SB 1152 Wetlands; expedited permits, administrative procedures.

Introduced by: John A. Cosgrove, Jr (R - SD 14). Requires the Virginia Marine Resources Commission, in conjunction with local wetlands boards and other affected state and federal agencies, to develop administrative procedures to expedite the processing of applications for wetlands permits from agencies of the United States government, including any branch of the Armed Forces of the United States.

01/10/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/31/23  Senate: Reported from Agriculture, Conservation and Natural Resources with substitite (9-Y 0-N 1-A)
02/02/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/03/23  Senate: Read second time
02/03/23  Senate: Committee substitute agreed to 23106061D-S1
02/03/23  Senate: Engrossed by Senate - committee substitute SB1152S1
02/06/23  Senate: Read third time and passed Senate (38-Y 1-N)
02/10/23  House: Read first time
02/10/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
02/10/23  House: Assigned ACNR sub: Chesapeake
02/13/23  House: Subcommittee recommends reporting with substitute (10-Y 0-N)
02/15/23  House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (20-Y 0-N)
02/16/23  House: Read third time
02/17/23  House: Read second time
02/20/23  House: Read third time
02/20/23  House: Committee substitute agreed to 23106801D-H1
02/20/23  House: Engrossed by House - committee substitute SB1152H1
02/20/23  House: Passed House with substitute BLOCK VOTE (99-Y 0-N)
02/20/23  House: VOTE: Block Vote Passage (99-Y 0-N)
02/21/23  Senate: House substitute agreed to by Senate (40-Y 0-N)
02/24/23  Senate: Enrolled
02/24/23  Senate: Bill text as passed Senate and House (SB1152ER)

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SB 1160 Marine Resources Commission and local wetlands boards; permit applications, public notice.

Introduced by: Richard H. Stuart (R - SD 28). Requires notices to the public for certain permit hearings relating to fisheries and habitat of the tidal waters to be posted on the Virginia Regulatory Town Hall and eliminates provisions in current law that require such notices to be published in newspapers of general circulation in the affected localities. The bill allows the Marine Resources Commission or a local wetlands board to email notice of a certain public hearing to any applicant for such permit and any other parties interested in such application and also requires such notice to be posted on the Commission or board's website at least 14 days prior to such hearing. The bill also requires localities that have adopted a coastal primary sand dune or wetlands zoning ordinance to amend any such ordinance to conform with the provisions of the bill by January 1, 2024.

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SB 1376 Stormwater management and erosion and sediment control; agreement in lieu of plan.

Introduced by: Jill Holtzman Vogel (R - SD 27). Stormwater management and erosion and sediment control; agreement in lieu of plan; farm buildings; small construction activity. Includes farm buildings, any building or structure used for agritourism activity, and any related impervious surface, including roads, driveways, and parking areas, in the respective definitions of an agreement in lieu of a plan in the stormwater management and erosion and sediment control laws. Current laws define an agreement in lieu of a plan to cover only single-family residences. The bill also requires the State Water Control Board to establish by regulation a procedure by which a registration statement shall not be required for coverage under the General Permit for Discharges of Stormwater from Construction Activities for a small construction activity, defined in the bill, involving a single-family detached residential structure.

01/11/23 Senate: Reffered to Committee on Agriculture, Conservation and Natural Resources
01/24/23  Senate: Reported from Agriculture, Conservation and Natural Resources with amendment (15-Y 0-N)
01/26/23  Senate: Constitutional reading dispensed (40-Y 0-N)
01/27/23  Senate: Read second time
01/27/23  Senate: Committee amendments agreed to
01/30/23  Senate: Read third time and passed Senate (39-Y 0-N)
02/10/23  House: Read first time
02/10/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
02/15/23  House: Reported from Agriculture, Chesapeake and Natural Resources (11-Y 9-N)
02/17/23  House: Read second time
02/20/23  House: Read third time
02/20/23  House: Passed House (52-Y 46-N)
02/20/23  House: VOTE: Passage (52-Y 46-N)
02/23/23  Senate: Enrolled
02/23/23  Senate: Bill text as passed Senate and House (SB1376ER)
02/23/23  House: Signed by Speaker
02/25/23  Senate: Signed by President

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SB 1388 Menhaden fish; VIMS to study ecology, etc., of populations in the waters of the Commonwealth.

Introduced by: Lynwood W. Lewis, Jr (D - SD 6). Directs the Virginia Institute of Marine Science (VIMS) to develop plans for studying the ecology, fishery impacts, and economic importance of menhaden populations in the waters of the Commonwealth and to provide a report on its findings to the Chairmen of the Senate Committee on Agriculture, Conservation and Natural Resources and the House Committee on Agriculture, Chesapeake and Natural Resources and the Secretary of Natural and Historic Resources no later than September 1, 2023.

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SB 1392 Flood plain management ; state agency compliance with regulations. 

Introduced by: Lynwood W. Lewis (D - SD 6). Directs the Department of Conservation and Recreation, no later than September 30, 2023, and in cooperation with numerous Secretariats and the Special Assistant to the Governor for Coastal Adaptation and Protection, to establish standards for development in a flood plain for all state agencies and departments. Such standards shall require at least compliance with the National Flood Insurance Program and shall require that any development undertaken by an agency or department on state-owned land located in a Special Flood Hazard Area be protected or flood-proofed against flooding and flood damage. The bill also requires any state agency or department, when developing a facility on state-owned property located in a flood plain, to either adhere to all local flood plain management regulations or receive Department approval of compliance with the applicable state standard for development in a flood plain, provided that such standard does not jeopardize a locality's participation in the National Flood Insurance Program. Such compliance shall be documented and provided by the Department to the applicant prior to preliminary design approval of a project by the Department of General Services. The bill allows the Department of General Services to issue a variance if no feasible alternative to developing a facility in the flood plain exists and if one of several other conditions provided in the bill is met.

 01/11/23  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/31/23  Senate: Reported from Agriculture, Conservation and Natural Resources with substitite (14-Y 0-N)
02/02/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/03/23  Senate: Read second time
02/03/23  Senate: Committee substitute agreed to 23106044D-S1
02/03/23  Senate: Engrossed by Senate - committee substitute SB1392S1
02/03/23  Senate: Constitutional reading dispensed (39-Y 0-N)
02/03/23  Senate: Passed Senate (38-Y 0-N)
02/07/23  House: Read first time
02/07/23  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
02/08/23  House: Reported from Agriculture, Chesapeake and Natural Resources with amendment(s) (22-Y 0-N)
02/10/23  House: Read second time
02/13/23  House: Read third time
02/13/23  House: Committee amendment agreed to
02/13/23  House: Engrossed by House as amended
02/13/23  House: Passed House with amendment BLOCK VOTE (99-Y 0-N)
02/13/23  House: VOTE: Block Vote Passage (99-Y 0-N)
02/15/23  Senate: House amendment agreed to by Senate (40-Y 0-N)
02/21/23  Senate: Enrolled
02/21/23  Senate: Bill text as passed Senate and House (SB1392ER)
02/21/23  House: Signed by Speaker
02/24/23  Senate: Signed by President

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SB 1395 Marine Resources Commission; permits, navigable channels.

Introduced by: Bill DeSteph (R - SD 8). Prohibits the Marine Resources Commission from issuing any permit for (i) the use of state-owned bottomlands that would obstruct any marked or unmarked navigable channel regularly used by boaters or (ii) any oyster reef or aquacultural float in the Lynnhaven River within 300 feet of any marked or unmarked navigable channel.

SB 1500 Potomac River Fisheries Commission; authority. 

Introduced by Richard H. Stuart (R - SD 28). Repeals the authority of the Potomac River Fisheries Commission in certain areas of the Potomac River to (i) regulate an experimental oyster hatchery program, (ii) regulate the dredging of oysters, and (iii) regulate leasing of the river bottom or water column.

SB 1501 Environmental Quality, Department of; civil penalties, written notice of violation of regulations.

Introduced by Richard H. Stuart (R - SD 28). Requires the Department of Environmental Quality, prior to assessing any civil penalty against any person for an alleged violation of a regulation adopted by the State Air Pollution Control Board, the Virginia Waste Management Board, or the State Water Control Board or permit issued by the Department, to inform such person in writing of the alleged violation, the potential penalties, and the actions necessary to achieve compliance and remediate the alleged violation. The Department may allow such person 30 days to take such actions and to provide any additional, relevant facts to the Department, including facts that demonstrate a good-faith attempt to achieve compliance.

SB 1547 Placement of piles; no permit required

Introduced by John A. Cosgrove (R - SD 14). Provides that no permit shall be required for the placement of piles for (i) an existing private pier or to establish a boat slip or mooring within the owner's riparian area or (ii) a de minimis subaqueous disturbance of 10 square feet or less for purposes of placing a pile more than 50 feet from a marked navigation channel.

SJ 243 Recurrent Flooding, Joint Subcommitte; continued, membership increase.

Introduced by: Adam P. Ebbin (D - SD 30). Increases the total membership of the Joint Subcommittee on Recurrent Flooding from 11 to 17 by increasing the number of nonlegislative members from three to nine. The bill specifies that the additional nonlegislative members include representatives from the environmental, development, and business communities, a certified floodplain manager, and two local elected officials representing two of Virginia's flood-prone communities. The bill also replaces the existing member of the Joint Subcommittee who is a local official representing Virginia's flood-prone communities with a local official representing an area impacted by coastal flooding.

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