Regulatory Update

General Assembly 2021

 

Website:  http://virginiageneralassembly.gov/

Session convenes January 13th and adjourns February 11th (short session year)

However, the Governor has called for a Special Session that begins on February 10th

  • Last day to prefile bills and resolutions – January 13th
  • Budget amendments due to finance – January 15th
  • Last day to file bills and resolutions – January 22nd
  • Crossover day – February 6th
  • Adjournment – February 11th    Around February 26th

 

Useful Links:

 

Newly Elected Delegates:

https://publications.virginiageneralassembly.gov/display_publication/232

 

Who’s My Legislator:

https://whosmy.virginiageneralassembly.gov/

 

Map of Senate Districts:

https://www.vpap.org/elections/senate/

 

Map of House Districts:

https://www.vpap.org/elections/house/district_map/

 

Search 2021 Session for current Bills by Subject:

https://lis.virginia.gov/cgi-bin/legp604.exe?211+sbj+SBJ

 

Virginia House of Delegates Meeting Schedule:

https://virginiageneralassembly.gov/house/schedule/meetingSchedule.php

 

Legislative Information System Meetings:

http://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+MTG

 

Daily Floor Calendar:

http://lis.virginia.gov/cgi-bin/legp604.exe?211+cal+CAL

 

House of Delegates Live Streaming Meeting Video:

https://virginiageneralassembly.gov/house/chamber/chamberstream.php

 

Senate Meeting Videos:

http://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

 

 

 

Legislation of Interest to Solid Waste Industry:

 

SB 1164 Advanced recycling; not considered solid waste management; definition

(Link to text of SB 1164)

(Link to .pdf text of Substitute SB 1164)

 

 

Introduced by:  Emmett Hanger (R) District 24

 

SUMMARY AS INTRODUCED:

Advanced recycling; not considered solid waste management; definition. Defines "advanced recycling" as a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic hydrocarbon raw materials and other materials. The bill provides that advanced recycling shall not be considered solid waste management. The bill also defines "gasification," "post-use polymer," and other terms related to advanced recycling.

 

01/08/21  Prefiled and ordered printed; offered 01/13/21 21101637D

01/08/21  Referred to Committee on Agriculture, Conservation and Natural Resources

02/04/21  Reported from Agriculture, Conservation and Natural Resources with substitute (12-Y 3-N)

02/04/21  Committee substitute printed 21103662D-S1

02/04/21  Constitutional reading dispensed (38-Y 0-N)

02/05/21  Read second time

02/05/21  Reading of substitute waived

02/05/21  Committee substitute agreed to 21103662D-S1

02/05/21  Engrossed by Senate - committee substitute SB1164S1

02/05/21  Constitutional reading dispensed (38-Y 0-N)

02/05/21  Passed Senate (34-Y 4-N) Crossover

02/07/21  Placed on Calendar

02/07/21  Read first time

02/07/21  Referred to Committee on Agriculture, Chesapeake and Natural Resources

02/08/21  Continued to Special Session 1 in Agriculture, Chesapeake and Natural Resources by voice vote

 

 

SB 1186 Landfill Siting; Historic Preservation

(Link to text of SB 1186)

 

Introduced by: Ghazala F. Hashmi (D) District 10

 

SUMMARY AS INTRODUCED:

Landfill siting; historic preservation. Prohibits the construction of any new municipal solid waste landfill within three miles of any designated historic district, building, structure, object, or site.

 

01/10/21  Prefiled and ordered printed; offered 01/13/21 21100531D

01/10/21  Referred to Committee on Agriculture, Conservation and Natural Resources

02/04/21  Passed by indefinitely in Agriculture, Conservation and Natural Resources (13-Y 2-N)

 

 

 

 

 

SB 1200 Waste Disposal; Local Approval

(Link to text of SB 1200)

(Link to .pdf text of Substitute SB 1200)

 

Introduced by: Ghazala F. Hashmi (D) District 10

 

SUMMARY AS INTRODUCED:

Waste disposal; local approval. Requires any application (i) to store, provide treatment for, or dispose of hazardous waste or (ii) for a new solid waste management facility permit, except for a noncaptive industrial landfill, to include certification from the governing body for each locality within a five-mile radius of the facility, other than the locality in which the facility is or will be located, granting approval of the facility or activity.

 

01/11/21  Prefiled and ordered printed; offered 01/13/21 21101204D

01/11/21  Referred to Committee on Agriculture, Conservation and Natural Resources

02/04/21  Committee substitute printed to LIS only 21103578D-S1

02/04/21  Passed by indefinitely in Agriculture, Conservation and Natural Resources (13-Y 1-N 1-A)

 

 

SB 1210 Environmental Permit Fees

(Link of text to SB1210)

(Link to .pdf text of Substitute SB 1210)

 

Introduced by:  Chapman Peterson (D) District 34

 

SUMMARY AS INTRODUCED:

Environmental permit fees. Directs the Virginia Waste Management Board to adopt regulations to collect from any person operating certain facilities permitted for the disposal, storage, or treatment of nonhazardous solid waste such annual fees as are necessary to provide funding for the total direct costs of the nonhazardous solid waste management program when aggregated and combined with other existing fees. The bill also directs the State Water Control Board to adopt regulations specifying permit maintenance fees that each permitted facility shall pay to the Board for certain water quality or withdrawal permits. The bill requires the fee amounts to be set at an amount that is necessary to collect no less than 40 percent and no greater than 50 percent of the direct costs required for the administration, compliance, and enforcement of such permits. The bill contains enactment clauses that (i) direct the relevant Boards to adopt such regulations by January 1, 2022, and (ii) provide for the expiration of existing provisions for similar permit fees contingent upon the adoption of such regulations.

 

01/11/21  Prefiled and ordered printed; offered 01/13/21 21101993D

01/11/21  Referred to Committee on Agriculture, Conservation and Natural Resources

01/26/21  Reported from Agriculture, Conservation and Natural Resources with substitute (15-Y 0-N)

01/26/21  Committee substitute printed 21103681D-S1

01/26/21  Rereferred to Finance and Appropriations

02/03/21  Reported from Finance and Appropriations (16-Y 0-N)

02/03/21  Constitutional reading dispensed (39-Y 0-N)

02/04/21  Read second time

02/04/21  Reading of substitute waived

02/04/21  Committee substitute agreed to 21103681D-S1

02/04/21  Engrossed by Senate - committee substitute SB1210S1

02/04/21  Constitutional reading dispensed (38-Y 0-N)

02/04/21  Passed Senate (39-Y 0-N) Crossover

02/07/21  Placed on Calendar

02/07/21  Read first time

02/07/21  Referred to Committee on Agriculture, Chesapeake and Natural Resources

02/08/21  Continued to Special Session 1 in Agriculture, Chesapeake and Natural Resources by voice vote

 

 

SB 1282 Greenhouse gas emissions inventory; regulations

(Link to text of SB 1282)

(Link to text of Substitute SB 1282)

 

Introduced by: Joseph D. Morrissey (D) District 16

 

Summary as Introduced:

Greenhouse gas emissions inventory; regulations. Directs the Department of Environmental Quality to conduct a statewide baseline and projection inventory of all greenhouse gas emissions and to update such inventory every four years. The bill requires that the inventory be published and included in the annual report of the State Air Pollution Control Board. The bill also authorizes the Board to adopt regulations necessary to collect data needed to conduct, update, and maintain the inventory. The bill exempts proprietary information collected by the Department from the mandatory disclosure requirements of the Virginia Freedom of Information Act.

 

01/11/21  Prefiled and ordered printed; offered 01/13/21 21101991D

01/11/21  Referred to Committee on Agriculture, Conservation and Natural Resources

01/26/21  Reported from Agriculture, Conservation and Natural Resources with substitute (9-Y 6-N)

01/26/21  Committee substitute printed 21103680D-S1

01/26/21  Rereferred to Finance and Appropriations

02/03/21  Reported from Finance and Appropriations (11-Y 4-N)

02/03/21  Constitutional reading dispensed (39-Y 0-N)

02/04/21  Read second time

02/04/21  Reading of substitute waived

02/04/21  Committee substitute agreed to 21103680D-S1

02/04/21  Engrossed by Senate - committee substitute SB1282S1

02/05/21  Read third time and passed Senate (22-Y 16-N) Crossover

02/07/21  Placed on Calendar

02/07/21  Read first time

02/07/21  Referred to Committee on Agriculture, Chesapeake and Natural Resources

02/08/21  Continued to Special Session 1 in Agriculture, Chesapeake and Natural Resources by voice vote

02/09/21  Assigned ACNR sub: Chesapeake

 

 

SB 1318 Interagency Environmental Justice Working Group; Established, Report

(Link to text of SB 1318)

(Link to .pdf text of Committee Substitute SB 1318)

 

Introduced by: Ghazala F. Hashmi (D) District 10

 

 

Summary as Introduced:

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.

 

01/12/21  Prefiled and ordered printed; offered 01/13/21 21102858D

01/12/21  Referred to Committee on General Laws and Technology

01/20/21  Reported from General Laws and Technology with amendments (7-Y 6-N 2-A)

01/20/21  Rereferred to Finance and Appropriations

02/02/21  Reported from Finance and Appropriations with substitute (11-Y 5-N)

02/02/21  Committee substitute printed 21104321D-S1

02/03/21  Constitutional reading dispensed (37-Y 0-N)

02/04/21  Read second time

02/04/21  Reading of amendments waived

02/04/21  Committee amendments rejected

02/04/21  Reading of substitute waived

02/04/21  Committee substitute agreed to 21104321D-S1

02/04/21  Engrossed by Senate - committee substitute SB1318S1

02/05/21  Read third time and passed Senate (22-Y 17-N) Crossover

02/07/21  Placed on Calendar

02/07/21  Read first time

02/07/21  Referred to Committee on General Laws

02/08/21  Continued to Special Session 1 in General Laws by voice vote

02/09/21  Assigned GL sub: Professions/Occupations and Administrative Process

 

 

SB 1319 Waste control and recycling; permits

(Link to text of SB 1319)

(Link to .pdf text of Committee Substitute SB 1319)

(Link to .pdf text of Floor Substitute SB 1319)

 

Introduced by: Ghazala F. Hashmi (D) District 10

 

Summary as Introduced:

Waste control and recycling; permits. Prohibits the Department of Environmental Quality (the Department) and the Virginia Waste Management Board from issuing any permit for the construction, modification, or expansion of a new or existing municipal solid waste landfill that will accept 3,500 tons or more of municipal solid waste per day until the General Assembly enacts legislation incorporating the findings and recommendations of the Waste Diversion and Recycling Task Force (the Task Force), and requests the Department to continue through 2022 and expand the scope of the Task Force.

 

01/12/21  Prefiled and ordered printed; offered 01/13/21 21102722D

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

02/04/21  Reported from Agriculture, Conservation and Natural Resources with substitute (9-Y 6-N)

02/04/21  Committee substitute printed 21104441D-S1

02/04/21  Constitutional reading dispensed (38-Y 0-N)

02/05/21  Floor substitute printed 21104444D-S2 (Hanger)

02/05/21  Read second time

02/05/21  Substitute by Senator withdrawn 21104444D-S1

02/05/21  Reading of substitute waived

02/05/21  Substitute by Senator Hanger withdrawn 21104444D-S2

02/05/21  Reading of substitute waived

02/05/21  Committee substitute agreed to 21104441D-S1

02/05/21  Engrossed by Senate - committee substitute SB1319S1

02/05/21  Constitutional reading dispensed (38-Y 0-N)

02/05/21  Passed Senate (22-Y 16-N) Crossover

02/07/21  Placed on Calendar

02/07/21  Read first time

02/07/21  Referred to Committee on Agriculture, Chesapeake and Natural Resources

02/08/21  Continued to Special Session 1 in Agriculture, Chesapeake and Natural Resources by voice vote

 

 

SB 1373 Environmental Permits: Community and Environmental Justice Outreach

(Link to text of SB 1373)

 

Introduced by:  Jennifer L. McClellan (D) District 9

 

SUMMARY AS INTRODUCED:

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.

 

01/13/21  Prefiled and ordered printed; offered 01/13/21 21102638D

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

02/06/21  Left in Agriculture, Conservation and Natural Resources

 

 

HB 1937 Green New Deal Act; establishes a moratorium, effective January 1, 2022, etc.

(Link to text of HB 1937)

 

Introduced by:  Sam Rasoul (D) District 11

 

SUMMARY AS INTRODUCED:

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 80percent of the electricity sold by a retail electric supplier in calendar years2028 through 2035 be generated from clean energy resources. In calendar year2036 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 or 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 20percent 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 in2022 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  Prefiled and ordered printed; offered 01/13/21 21100436D

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

02/05/21  Left in Labor and Commerce

 

 

 

HB 2074 Environmental Justice; Interagency Working Group

(Link to text of HB 2074)

(Link to text of Committee Substitute HB 2074 – 1/27/21)

(Link to text of Committee Substitute HB 2074 – 2/3/21)

 

Introduced by:  Shelly Simonds (D) District 94

 

SUMMARY AS INTRODUCED:

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 fence line 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  Prefiled and ordered printed; offered 01/13/21 21102822D

01/12/21  Referred to Committee on Agriculture, Chesapeake and Natural Resources

01/15/21  Assigned ACNR sub: Natural Resources

01/27/21  Subcommittee recommends reporting with substitute (7-Y 1-N)

01/27/21  Subcommittee recommends referring to Committee on Appropriations

01/27/21  Reported from Agriculture, Chesapeake and Natural Resources with substitute (16-Y 6-N)

01/27/21  Committee substitute printed 21103839D-H1

01/27/21  Referred to Committee on Appropriations

01/27/21  Assigned App. sub: Commerce Agriculture & Natural Resources

02/02/21  Subcommittee recommends reporting with substitute (5-Y 3-N)

02/03/21  Reported from Appropriations with substitute (13-Y 9-N)

02/03/21  Committee substitute printed 21104161D-H2

02/03/21  Read first time

02/04/21  Read second time

02/04/21  Committee on Agriculture, Chesapeake and Natural Resources substitute rejected 21103839D-H1

02/04/21  Committee on Appropriations substitute agreed to 21104161D-H2

02/04/21  Engrossed by House - committee substitute HB2074H2

02/05/21  Read third time and passed House (56-Y 44-N)

02/05/21  VOTE: Passage (56-Y 44-N) Crossover

02/05/21  Constitutional reading dispensed

02/05/21  Referred to Committee on General Laws and Technology

02/05/21  Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)

 

 

HB 2221 Environmental Permits; Community and Environmental Justice Outreach

(Link to text of HB 2221)

(Link to text of Substitute HB 2221)

 

Introduced by:  Cliff Hayes, Jr. (D) District 77

 

SUMMARY AS INTRODUCED:

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  Prefiled and ordered printed; offered 01/13/21 21102944D

01/13/21  Referred to Committee on Agriculture, Chesapeake and Natural Resources

01/22/21  Assigned ACNR sub: Natural Resources

01/27/21  Subcommittee recommends reporting with substitute (5-Y 2-N)

02/03/21  Reported from Agriculture, Chesapeake and Natural Resources with substitute (13-Y 8-N)

02/03/21  Committee substitute printed 21104396D-H1

02/03/21  Read first time

02/04/21  Read second time

02/04/21  Committee substitute agreed to 21104396D-H1

02/04/21  Engrossed by House - committee substitute HB2221H1

02/05/21  Read third time and passed House (56-Y 43-N)

02/05/21  VOTE: Passage (56-Y 43-N) Crossover

02/05/21  Constitutional reading dispensed

02/05/21  Referred to Committee on Agriculture, Conservation and Natural Resources

02/05/21  Continued to 2021 Sp. Sess. 1 in Agriculture, Conservation and Natural Resources (14-Y 0-N)

 

 

 

 

 

 

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