Water Quality Improvement Fund

VAMWA – VAMSA – VA AWWA WUC JOINT LEGISLATIVE TRACKING REPORT January 16, 2012

KEY DATES

Jan. 9 – Session convenes; prefiled bill introduction deadline Jan. 11 – Budget amendment request deadline Jan. 18 – Last day to introduce legislation Feb. 5 – Crossover Feb. 18 – Budget Conference Reports available Feb. 23 – Adjournment

TRACKING OF BILLS & RESOLUTIONS BY CATEGORY

Descriptions below summarize bills and resolutions as introduced. Due to amendments throughout session, substance of legislation following introduction may differ from summary description. Please refer to bill or resolution text for current provisions. Links are provided for your convenience. Yellow highlighting indicates new information compared to last published tracking report.

WASTEWATER

HB 1448 (Hodges) Financing for repairs to failed septic systems. Authorizes a locality, by ordinance, to create a loan program to enable the repair of property owners' failed septic systems. Any such ordinance is required to describe the arrangement of the loan program, including any partnership with a planning district commission, and is permitted to provide for the repayment of the loan through water or sewer billings, real property tax assessments, or other billings. The bill authorizes other features of a loan program and permits a locality to set a minimum ownership interest or minimum level of proof of ownership of the property for situations in which it is extremely difficult or impossible to identify all of the people who have an ownership interest in the property. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1448 12/27/12 House: Referred to Committee on Counties, Cities and Towns 1/11/13 House: Assigned CC&T sub #2

HB 1482 (Farrell) Department of Professional and Occupational Regulation; Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals. Requires the Board to permit any Class 1 waterworks operator or wastewater works operator to sit for the conventional onsite sewage system operator examination. http://lis.virginia.gov/cgi- bin/legp604.exe?131+sum+HB1482 1/2/13 House: Referred to Committee on General Laws 1/15/13 House: Subcommittee recommends reporting with amendments (8-Y 0-N)

HB 1505 (Lingamfelter) Sewage systems; betterment loans. Clarifies that betterment loans may be used for conventional onsite, alternative onsite, and alternative discharging sewage systems; authorizes the Board of Health to use up to 25 percent of the Onsite Sewage Indemnity Fund to provide or guarantee betterment loans; increases the amount of each fee collected by VDH pursuant to subsections C and E of § 32.1-164 that is contributed to the Onsite Sewage Indemnity Fund from $10 to $25; and removes the use of the Onsite Sewage Indemnity Fund for training and recognition of authorized onsite soil evaluators. This bill was recommended by the Virginia Housing Commission. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1505 1/3/13 House: Referred to Committee on Health, Welfare & Institutions

HB 1611 (Hugo) Onsite sewage systems. Provides that inspections of onsite sewage systems shall be required only once every two years rather than annually. http://lis.virginia.gov/cgi-bin/legp604.exe? 131+sum+HB1611 1/6/13 House: Referred to Committee on Health, Welfare, and Institutions

of 20 VAMWA – VAMSA – VA AWWA WUC JOINT LEGISLATIVE TRACKING REPORT January 16, 2012

1/15/13 House: Assigned HWI sub #3

HB 1726 (E. Scott) Non-gravel effluent drain systems for onsite sewage systems; regulations. Directs the Board of Health to promulgate regulations for chamber and bundled expanded polystyrene effluent distribution systems for onsite sewage systems. The bill contains an emergency clause. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1726

SB 1095 (Hanger) Bond issuance for wastewater treatment facilities. Authorizes the Virginia Public Building Authority to issue an additional $150 million in bonds to continue installing nutrient removal technology in eligible wastewater treatment facilities to comply with the Chesapeake Bay TMDL and the Watershed Implementation Plan. These funds would complete projects at facilities under existing signed Water Quality Improvement Fund agreements and at additional eligible facilities that did not receive moneys from the original bonds issued in 2007. http://lis.virginia.gov/cgi- bin/legp604.exe?131+sum+SB1095 1/9/13 Senate: Referred to Committee on Finance

HJ 609 (Gilbert) Study; composition of biosolids; report. Directs DEQ to study the substances contained in biosolids generated from wastewater treatment facilities that are applied to lands for agricultural purposes. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HJ609 1/7/13 House: Referred to ACNR 1/14/13 House: Assigned ACNR sub: Natural Resources

STORMWATER

HB 1488 (Rush) Local implementation of stormwater management program. Delays the date that local governments will have to assume responsibility for administering the stormwater management program from July 1, 2014, to July 1, 2015. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1488 1/2/13 House: Referred to ACNR 1/14/13 House: Assigned ACNR sub: Chesapeake

HB 1548 (Knight) Guidance documents for municipal separate storm sewer (MS4) permittees. Requests DCR and DEQ to jointly prepare guidance documents to assist MS4 permittees in developing and implementing their Chesapeake Bay TMDL Action Plans. The guidance documents shall (i) identify methodologies to be used by MS4 permittees in calculating nutrient reductions and best management practices efficiencies as part of their Bay TMDL planning activities pursuant to MS4 permits and (ii) assist MS4 permittees in developing and implementing their Action Plans. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1548 1/4/13 House: Referred to ACNR 1/14/13 House: Assigned ACNR sub: Chesapeake NOTE: STRICKEN BY REQUEST OF PATRON 1/16/13 IN COMMITTEE

HB 2048 (Sherwood) Consolidation of water quality programs. Moves the water quality programs currently administered by DCR to DEQ. The Department of Environmental Quality and the State Water Control Board will have oversight of water quality planning and laws dealing with stormwater management, erosion and sediment control, and the Chesapeake Bay Preservation Areas. The composition of the Virginia Soil and Water Conservation Board is changed, reducing the number of voting members from 12 to seven, and DEQ is assigned responsibility for staffing the Board. The Board will continue its oversight responsibilities of the soil and water conservation districts and of resource management planning. The Board of Conservation and Recreation will be responsible for administration of the flood prevention and dam safety laws. http://lis.virginia.gov/cgi-bin/legp604.exe? 131+sum+HB2048

1/9/13 House: Referred to ACNR 1/14/13 House: Assigned ACNR sub: Chesapeake

HB 2137 (Byron) Localities; environmental impact reports and the purchase of certain deicing agents. Raises from $500,000 to $2 million the total cost after which highway construction, reconstruction, or improvement projects by localities would be required to have an environmental impact report. The bill also allows localities to purchase deicing agents containing urea for the purpose of deicing airports, provided the use of the deicing agent does not exceed benchmark monitoring parameters of stormwater permit requirements. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB2137 1/9/13 House: Referred to ACNR 1/14/13 House: Assigned ACNR sub: Chesapeake

HB 2190 (Cosgrove) Stringency of stormwater management ordinances. Requires localities that adopt more stringent stormwater management requirements than those necessary to ensure compliance with the minimum regulations of the Soil and Water Conservation Board to submit such requirements to the Board to confirm that statutory requirements have been met and that the locality's determinations pursuant to the statute are reasonable. The bill ensures the availability of best management practices authorized by the Virginia Stormwater Management Regulations and the Virginia Stormwater BMP Clearinghouse Committee as a means of complying with regulations and requirements. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB2190 1/10/13 House: Referred to ACNR

HJ 615 (Krupicka) Study; expand application of Chesapeake Bay Preservation Act; report. Requests DCR to study the feasibility of applying the provisions of the Chesapeake Bay Preservation Act to all localities within Virginia's Chesapeake Bay watershed. http://lis.virginia.gov/cgi- bin/legp604.exe?131+sum+HJ615 1/7/13 House: Referred to Committee on Rules

SB 768 (Wagner) Chesapeake Bay Watershed Implementation Plan. Directs state agencies to remove the Lynnhaven River watershed from inclusion in the James River Basin for purposes of the Chesapeake Bay WIP. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB768 12/18/12 Senate: Referred to ACNR 1/10/13 Senate: Reported from ACNR (13-Y 0-N) 1/14/13 Senate: Constitutional Reading dispensed (39-Y 0-N)

SB 1279 (Hanger) Consolidation of water quality programs. Moves the water quality programs currently administered by DCR to DEQ. The Department of Environmental Quality and the State Water Control Board will have oversight of water quality planning and laws dealing with stormwater management, erosion and sediment control, and the Chesapeake Bay Preservation Areas. The composition of the Virginia Soil and Water Conservation Board is changed, reducing the number of voting members from 12 to seven, and the Department of Environmental Quality is assigned responsibility for staffing the Board. The Board will continue its oversight responsibilities of the soil and water conservation districts and of resource management planning. The Board of Conservation and Recreation will be responsible for administration of the flood prevention and dam safety laws. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB1279 1/14/13 Senate: Referred to ACNR

WATER SUPPLY / DRINKING WATER

HB 1804 (Miller) State severance tax; uranium. Establishes a three percent state severance tax on the gross receipts of any uranium severed from the earth in the Commonwealth. One-half of the

of 20 VAMWA – VAMSA – VA AWWA WUC JOINT LEGISLATIVE TRACKING REPORT January 16, 2012 proceeds of the tax shall be deposited in the general fund of the Commonwealth. The other half of the proceeds shall be distributed to the locality from which the uranium was severed. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1804 1/8/13 House: Referred to Committee on Finance 1/14/13 House: Assigned Finance sub #1

HB 2185 (Edmunds) Water supply impoundment facilities. Creates an exemption to the existing provision that prohibits a locality from constructing a water supply impoundment system outside its boundaries without first obtaining consent of the subject locality. The exemption allows a town that has purchased an existing water supply system located in a county to construct an impoundment facility in such county. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB2185 1/9/13 House: Referred to Committee on Counties, Cities and Towns

SB 884 (Deeds) Impoundment structures; notice of increase in the flow of water; penalty. Prohibits a dam owner from substantially increasing the flow of water through a dam without first notifying riparian owners and local emergency service organizations within 10 miles downstream. The bill also requires a dam owner to make the dam's current emergency action plans and reservoir regulation protocols available to riparian landowners within 10 miles, as well as to property owners within the dam break inundation zone. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB884 1/4/13 Senate: Referred to ACNR

SB 919 (Watkins) State severance tax; uranium. Establishes a three percent state severance tax on the gross receipts of any uranium severed from the earth in the Commonwealth. One-half of the proceeds of the tax shall be deposited in the general fund of the Commonwealth. The other half of the proceeds shall be deposited into an Economic Development and Environmental Trust Fund established for each locality from which uranium is mined. Each locality's fund would be administered by a board appointed by the governing body of the locality. http://lis.virginia.gov/cgi-bin/legp604.exe? 131+sum+SB919 1/7/13 Senate: Referred to Committee on Finance

SB 1107 (McDougle) Lake level contingency plans. Provides that any temporary reduction in wastewater releases from power generating facilities during drought conditions will not be considered in determining discharge limits for other existing downstream permitted facilities. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB1107 1/9/13 Senate: Referred to ACNR

SB 1268 (McEachin) Lake level contingency plans. Provides that any temporary reduction in wastewater releases from power generating facilities during drought conditions will not be considered in determining discharge or withdrawal limits for other existing downstream permitted facilities. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB1268 1/14/13 Senate: Referred to ACNR

CONNECTIONS/ RATES & CHARGES/ LIENS

HB 1648 (Ransone) Discounted fees and charges for certain low-income and disabled customers. Provides that any locality by ordinance may develop criteria for providing discounted water and sewer fees and charges for low-income and disabled customers. http://lis.virginia.gov/cgi- bin/legp604.exe?131+sum+HB1648 1/7/13 House: Referred to Committee on Counties, Cities and Towns 1/11/13 House: Assigned CC&T sub #1

HB 1727 (Toscano) Water and waste authorities; rates. Clarifies the ability of a water or waste authority to fix rates for services that are furnished by a refuse collection and disposal system. The bill expands the list of rate-setting powers that require a public hearing by adding the rate-setting power found in subdivision 10 of § 15.2-5114, a power that includes the establishment of incentives for green roofs. The bill combines the two parallel processes found in current law for the setting of rates for sewage disposal and refuse collection, and it reduces the period for publication of notice of a rate- setting hearing from 60 days to 14 days. Finally, the bill provides that no rate established before January 1, 2013, shall be invalidated because of a failure to provide the required public notice. The bill also makes technical changes. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1727 1/8/13 House: Referred to Committee on Counties, Cities and Towns 1/11/13 House: Assigned CC&T sub #1

HB 1734 (Loupassi) Virginia Residential Landlord and Tenant Act. Provides that where there is more than one tenant subject to a rental agreement, unless otherwise agreed to in writing by each of the tenants, disposition of the security deposit shall be joint and several, with one check being payable to all such tenants and sent to the forwarding address provided by the tenants. If the tenants do not provide the landlord a forwarding address to enable the landlord to make a refund of the security deposit, upon the expiration of one year from the date of the end of the 45-day statutory period, the balance of the tenants' security deposit shall escheat to the Commonwealth and shall be paid into the state treasury and credited to the Virginia Housing Partnership Revolving Fund. … http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1734 1/8/13 House: Referred to Committee on General Laws

SB 764 (Carrico) Smyth County; ordinance providing that charges for water and sewer shall be a lien on real estate. Adds Smyth County to the list of localities permitted to provide by ordinance that charges for water and sewer shall be a lien on the real estate served by such waterline or sewer. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB764 12/18/12 Senate: Referred to Committee on Local Government

SB 850 (Stuart) Discounted fees and charges for certain low-income and disabled customers. Provides that any locality by ordinance may develop criteria for providing discounted water and sewer fees and charges for low-income and disabled customers. http://lis.virginia.gov/cgi-bin/legp604.exe? 131+sum+SB850 1/2/13 Senate: Referred to Committee on Local Government

SB 1121 (Ruff) Water and waste authorities; rates. Clarifies the ability of a water or waste authority to fix rates for services that are furnished by a refuse collection and disposal system. The bill expands the list of rate-setting powers that require a public hearing by adding the rate-setting power found in subdivision 10 of § 15.2-5114, a power that includes the establishment of incentives for green roofs. The bill combines the two parallel processes found in current law for the setting of rates for sewage disposal and refuse collection, and it reduces the period for publication of notice of a rate-setting hearing from 60 days to 14 days. Finally, the bill provides that no rate established before January 1, 2013, shall be invalidated because of a failure to provide the required public notice. The bill also makes technical changes. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB1121 1/9/13 Senate: Referred to Committee on Local Government

WATER QUALITY FUNDING

HB 1381 (Morrissey) Plastic bag tax. Imposes a tax of five cents ($0.05) beginning on July 1, 2014, on plastic bags used by purchasers to carry tangible personal property purchased in grocery stores, convenience stores, or drug stores. Durable, reusable plastic bags and bags used for ice cream, meat, fish, poultry, leftover restaurant food, newspapers, dry cleaning, and prescription drugs are

of 20 VAMWA – VAMSA – VA AWWA WUC JOINT LEGISLATIVE TRACKING REPORT January 16, 2012 exempt from the tax. Retailers are allowed to retain one cent ($0.01) of the five-cent ($0.05) tax or two cents ($0.02) if the retailer has a customer bag credit program. Failure to collect and remit the tax will result in fines of $250, $500, and $1,000 for the first, second, and third and subsequent offenses, respectively. The revenues from the tax would be deposited into the Virginia Water Quality Improvement Fund. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1381 12/12/12 House: Referred to Committee on Finance 1/14/13 House: Assigned Finance sub #1

HB 1529 (Marshall) Justice for Victims of Sterilization Act. Establishes the Justice for Victims of Sterilization Act to provide compensation to persons involuntarily sterilized between 1924 and 1979. The bill creates the Justice for Victims of Sterilization Compensation Fund to be administered by the Department of Social Services. Under the bill, claims payments are limited to $50,000 per claim. The provisions of the bill shall expire on July 1, 2018. …At the end of each fiscal year, the Comptroller shall assign within his annual report pursuant to § 2.2-813 as follows: 67 percent of the remaining amount of the general fund balance that is not otherwise restricted, committed, or assigned for other usage within the general fund shall be assigned by the Comptroller for deposit into the Transportation Trust Fund or a subfund thereof, and the remaining amount shall be assigned for nonrecurring expenditures. No such assignment shall be made unless the full amounts required for other restrictions, commitments, or assignments including but not limited to (i) the Revenue Stabilization Fund deposit pursuant to § 2.2-1829, (ii) the Virginia Water Quality Improvement Fund deposit pursuant to § 10.1-2128, but excluding any deposits provided under the Virginia Natural Resources Commitment Fund…http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1529 1/3/13 House: Referred to Committee on Appropriations 1/8/13 House: Assigned Approps sub: Health & Human Resources

SB 872 (McWaters) Assignment of general fund balance; Transportation Trust Fund. Increases from 67 percent to 75 percent the portion of the general fund surplus remaining at the end of each fiscal year that is deposited into the Transportation Trust Fund. Such deposit takes place after deposits are made to the Revenue Stabilization Fund and the WQIF and other statutorily mandated commitments are met…. At the end of each fiscal year, the Comptroller shall assign within his annual report pursuant to § 2.2-813 as follows: 67 75 percent of the remaining amount of the general fund balance that is not otherwise restricted, committed, or assigned for other usage within the general fund shall be assigned by the Comptroller for deposit into the Transportation Trust Fund or a subfund thereof, and the remaining amount shall be assigned for nonrecurring expenditures. No such assignment shall be made unless the full amounts required for other restrictions, commitments, or assignments including but not limited to (i) the Revenue Stabilization Fund deposit pursuant to § 2.2- 1829, (ii the Virginia Water Quality Improvement Fund deposit pursuant to § 10.1-2128, but excluding any deposits provided under the Virginia Natural Resources Commitment Fund… http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB872 1/4/13 Senate: Referred to Committee on Finance

SB 970 (Ebbin) Paper and plastic bag fee. Imposes a fee of $0.05 on paper and plastic bags used by purchasers to carry tangible personal property from the place of purchase. Durable, reusable plastic bags and bags used for ice cream, meat, fish, poultry, leftover restaurant food, newspapers, dry cleaning, and prescription drugs are exempt from the fee. Retailers are allowed to retain $0.01 of the $0.05 fee or $0.02 if the retailer has a customer bag credit program. The revenues raised by the fee will be deposited in the Virginia Water Quality Improvement Fund. Failure to collect and remit the fee is punishable by fines of $250, $500, and $1,000 for the first, second, and third or subsequent offenses, respectively. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB970 1/8/13 Senate: Referred to Committee on Finance

MISCELLANEOUS WATER & ENVIRONMENT

HB 1397 (Marshall) Scenic river designation. Designates a 15-mile segment of the Dan River as a component of the Virginia Scenic Rivers System. http://lis.virginia.gov/cgi-bin/legp604.exe? ses=131&typ=bil&val=hb1397 12/17/12 House: Referred to ACNR

HB 1441 (Morris) Certified nutrient management planners. Directs DCR to adopt regulations stating that the certification of nutrient management planners has no effect on the rights or qualifications of licensed architects, professional engineers, land surveyors, or landscape architects and does not qualify such planners to practice the profession of engineering. The Department is also directed to accept the qualifications of a licensed architect, professional engineer, land surveyor, or landscape architect as meeting the current certification requirement, found in DCR regulations, of a combination of nutrient management-related educational courses and three years of practical experience related to nutrient management planning. http://lis.virginia.gov/cgi-bin/legp604.exe? 131+sum+HB1441 12/21/12 House: Referred to ACNR 1/14/13 House: Assigned ACNR sub: Chesapeake

HB 1753 (Wright) Scenic river. Adds the 17.8-mile segment of the Meherrin River lying within Mecklenberg and Lunenburg Counties as a component of the Virginia Scenic Rivers System. The Meherrin River within Brunswick County, a distance of approximately 37 miles, adjoins the new segment and is designated as a scenic river by current law, making the total distance designated as a scenic river approximately 54.8 miles. The bill provides that nothing in the amended section shall preclude the Commonwealth or a local governing body from constructing, reconstructing, or performing necessary maintenance on any road or bridge. http://lis.virginia.gov/cgi-bin/legp604.exe? 131+sum+HB1753 1/8/13 House: Referred to ACNR

HB 1757 (Ramadan) Wetlands mitigation bank. Establishes a special nonreverting fund known as the Aquatic Resources Improvements Fund to receive moneys paid to the State Water Control Board for mitigation of any impacts that a project may have on wetlands. The moneys in the fund are to be disbursed to purchase mitigation bank credits. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1757 1/8/13 House: Referred to ACNR

HB 1768 (O’Quinn) Specialized court dockets; environmental courts. Provides that any district court or circuit court may establish an environmental court, a separate court docket within the existing calendar of a district or circuit court, that would have the authority to hear cases involving the protection, improvement, and preservation of the public health and the environment. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1768 1/8/13 House: Referred to Committee for Courts of Justice 1/14/13 House: Subcommittee recommends reporting with amendments (7-Y 2-N)

HB 2039 (Webert) Voluntary contributions of taxpayer refunds; Chesapeake Bay Watershed. Adds the Chesapeake Bay Watershed Implementation Plan, as an option under the Voluntary Chesapeake Bay Restoration Contribution, to the list of organizations that may receive contributions of taxpayer refunds. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB2039 1/9/13 House: Referred to Committee on Finance 1/14/13 House: Assigned Finance Sub #1

HB 2089 (Wilt) Electronic transmission of permits. Allows the Department of Environmental Quality to transmit electronically air pollution control, water quality, and waste management permits or certificates, as well as other information such as plan approvals. http://lis.virginia.gov/cgi- bin/legp604.exe?ses=131&typ=bil&val=hb2089 1/9/13 House: Referred to ACNR

HB 2209 (Knight) Nutrient management certification program. Transfers authority for administration of the nutrient management certification program and responsibility for adopting regulations on nitrogen application rates from DCR to the Virginia Soil and Water Conservation Board. The bill also empowers the Board to allocate general fund moneys to soil and water conservation districts to support their operations and oversee districts' programs. http://lis.virginia.gov/cgi- bin/legp604.exe?131+sum+HB2209 1/11/13 House: Referred to ACNR

SB 926 (McWaters) Adoption of wetlands zoning; governmental activity in wetlands. Removes from Virginia's standard wetlands zoning ordinance the condition that wetlands be owned or leased by the Commonwealth if a governmental activity occurring there is to be authorized. The current standard ordinance, which may be adopted by any locality and is the only wetlands zoning ordinance under which any wetlands board may operate, authorizes an otherwise-permitted governmental activity only if the wetlands in which the activity is to take place are owned or leased by the Commonwealth or a political subdivision of the Commonwealth. http://lis.virginia.gov/cgi-bin/legp604.exe? 131+sum+SB926 1/7/13 Senate: Referred to ACNR

SB 1271 (Miller) New utility infrastructure in historic rivers. Allows the consideration of construction of underwater utility infrastructure as an alternative solution in the planning for use and development of water and related land resources along the historic Lower James River. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB1271 1/14/13 Senate: Referred to ACNR

SB 1054 (Black) Voluntary contributions of taxpayer refunds; Chesapeake Bay Watershed. Adds the Chesapeake Bay Watershed Implementation Plan, as an option under the Voluntary Chesapeake Bay Restoration Contribution, to the list of organizations that may receive contributions of taxpayer refunds. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB1054 1/8/13 Senate: Referred to Committee on Finance

SB 1212 (Stuart) Provision of information to Department of Environmental Quality; protection of trade secrets. Requires that every person who the Department of Environmental Quality has reason to believe is generating or handling waste provide the Department with information about the waste upon request. The bill exempts trade secrets contained in such information from disclosure by the Department under certain conditions while still allowing the Department to provide such information to the Environmental Protection Agency or as otherwise required by law. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB1212 1/9/13 Senate: Referred to ACNR

EMINENT DOMAIN

HB 1427 (O’Quinn) Bristol Virginia Utilities Authority; eminent domain. Grants to the Authority the "quick take" condemnation powers that are currently available to VDOT. …The Authority is hereby granted all powers necessary or appropriate to carry out the purposes of this chapter in order to provide electric, water, sewer, and telecommunication and related services, including without

of 20 VAMWA – VAMSA – VA AWWA WUC JOINT LEGISLATIVE TRACKING REPORT January 16, 2012 limitation, cable television internet, and all other services that might be lawfully rendered by use of the Authority's fiber optic system…http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1427 12/18/12 House: Referred to Committee on Counties, Cities and Towns

HB 2072 (Peace) Local application process; condemnation. Provides that no locality shall condition or delay the timely consideration of any application for or grant of any permit or other approval for any real property over which it enjoys jurisdiction for the purpose, expressed or implied, of allowing the locality to condemn or otherwise acquire the property or to commence any process to consider whether to undertake condemnation or acquisition of the property. http://lis.virginia.gov/cgi- bin/legp604.exe?131+sum+HB2072 1/9/13 House: Referred to Committee on Counties, Cities and Towns 1/11/13 House: Stricken from docket by CC&T by voice vote

SB 820 (Puckett) Billboards. Establishes conditions under which certain billboard signs may be relocated if land on which the billboard sign is located is acquired by eminent domain in connection with a highway project. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB820 12/27/12: Senate: Referred to Committee on Transportation

SB 821 (Puckett) Bristol Virginia Utilities Authority; eminent domain. Grants to the Authority the "quick take" condemnation powers that are currently available to the Virginia Department of Transportation. http://lis.virginia.gov/cgi-bin/legp604.exe?ses=131&typ=bil&val=sb821 12/27/12 Senate: Referred to Committee on Local Government

PROCUREMENT

HB 1823 (Villanueva) Public procurement; posting by local public bodies of procurement opportunities. Requires local public bodies to post required procurement notices on the Department of General Services' central electronic procurement website and makes newspaper publication or posting on other appropriate websites optional. Currently, only state public bodies are required to post procurement notices on the Department of General Services' central electronic procurement website. The bill provides, however, that no local public body shall be required to post on the Department of General Services' central electronic procurement website if (i) the amount of such contract is not expected to exceed $100,000 or (ii) the local public body has a website for the posting of such notices and provides the website address to the Department of General Services for posting on its central electronic procurement website. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1823 1/8/13 House: Referred to Committee on General Laws

HB 1882 (Morrissey) Virginia Public Procurement Act; resident employment and apprenticeship participation; required contract provisions. Requires all public bodies to include in every contract of more than $100,000 that involves the performance of work within the Commonwealth provisions requiring the contractor to agree (i) that 51 percent of all positions created in performance of the contract be filled by Virginia residents, (ii) that 35 percent of the total hours worked by apprentices in positions created in performance of the contract be performed by Virginia residents, and (iii) to use the Virginia Employment Commission as the first source of referral for obtaining qualified applicants for any new position. Under the bill, "new position" shall not include a position that is filled by a current employee of the contractor or an individual who was previously laid off by the contractor. The bill provides that it does not apply to any contracts for professional services. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1882 1/8/13 House: Referred to Committee on General Laws

HB 1951 (Yancey) Virginia Public Procurement Act; bid match preference for Virginia businesses. Provides a bid match preference for Virginia business. Under the bill, a Virginia business

of 20 VAMWA – VAMSA – VA AWWA WUC JOINT LEGISLATIVE TRACKING REPORT January 16, 2012 has an opportunity to match the lowest bid of an out-of-state bidder if the bid of a Virginia business is within five percent of the lowest bid of an out-of-state bidder. http://lis.virginia.gov/cgi- bin/legp604.exe?131+sum+HB1951 1/8/13 House: Referred to Committee on General Laws

HB 1994 (Massie) Virginia Public Procurement Act; contract pricing arrangements. Provides that the award of a public contract may be made on the basis of cost plus a percentage of the private investment made by a private entity in cases of the procurement of commercial or financial consulting services related to a qualifying transportation facility under the Public-Private Transportation Act or a qualifying project under the Public-Private Education Facilities and Infrastructure Act, where the commercial or financial consulting services are sought to solicit or to solicit and evaluate proposals for the qualifying transportation facility or the qualifying project. The bill defines "private entity," "qualifying transportation facility," and "qualifying project." http://lis.virginia.gov/cgi-bin/legp604.exe? 131+sum+HB1994 1/9/13 House: Referred to Committee on Transportation 1/15/13 House: Subcommittee recommends reporting (4-Y 0-N)

HB 2078 (Peace) Public procurement; design-build; construction management; protests; private investment. Increases public notice of requests for proposals from 10 to 30 days. The bill also (i) limits the use of competitive negotiation for construction projects, including certain public institutions of higher education, for which the aggregate or sum of all phases is not expected to exceed $10 million, the nature of the project is such that it is unusually complex or extraordinary conditions exist, and the Director of the Department of General Services and the Secretary of Administration certify such conditions exist; (ii) requires posting on eVa and other appropriate websites for state and local public bodies using certain methods of procurement; (iii) changes the process for procurement of design-build or construction management projects; and (iv) allows a bidder or offeror to protest a public body's use of competitive negotiation. The bill contains technical amendments. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB2078 1/9/13 House: Referred to Committee on General Laws 1/14/13 House: Assigned GL sub #2 FOIA/Procurement

HB 2079 (Jones) Virginia Public Procurement Act; methods of procurement. Reorganizes the definitions of competitive sealed bidding and competitive negotiation. The bill also adds a definition of job order contracting. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB2079

HB 2128 (Byron) Virginia Public Procurement Act; small procurements; localities. Provides that local public bodies are not required to post on the Department of General Services' central electronic procurement website for small purchase procurements. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB2128 1/9/13 House: Referred to Committee on General Laws 1/14/13 House: Assigned GL sub #2 FOIA/Procurement

HB 2170 (Cole) Public procurement; posting by local public bodies of procurement opportunities. Requires local public bodies to post required procurement notices on the Department of General Services' central electronic procurement website and makes newspaper publication or posting on other appropriate websites optional. Currently, only state public bodies are required to post procurement notices on the Department of General Services' central electronic procurement website. The bill also requires the Department to (i) provide an electronic data file of the using agency's business opportunities at no charge to any requesting newspaper or other print publication with circulation in Virginia using the comma-separated values format and (ii) send the data file automatically via electronic mail on a daily, weekly, or monthly basis as agreed to by the parties. The

of 20 VAMWA – VAMSA – VA AWWA WUC JOINT LEGISLATIVE TRACKING REPORT January 16, 2012 bill specifies the information to be included in the data file. http://lis.virginia.gov/cgi-bin/legp604.exe? 131+sum+HB2170 1/9/13 House: Referred to Committee on General Laws 1/14/13 House: Assigned GL sub #2 FOIA/Procurement

HB 2210 (Scott) Virginia Public Procurement Act; procurement of professional services. Allows any city located in Planning District 8 to procure architectural or professional engineering services relating to multiple construction projects where the sum of all such projects does not exceed $5 million. The bill also allows such localities to procure such services for a single project where the project does not exceed $1 million. Currently, only localities with a population in excess of 80,000 have this authority. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB2210 1/11/13 House: Referred to Committee on General Laws

HB 2212 (McQuinn) Virginia Public Procurement Act; women-owned and minority-owned businesses; remedial measures. Provides that the Governor shall require state agencies to implement appropriate enhancement or remedial measures consistent with prevailing law when a persuasive analysis exists that documents statistically significant disparity between the availability and utilization of women-owned and minority-owned businesses. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB2212 1/11/13 House: Referred to Committee on General Laws

SB 781 (McEachin) Virginia Public Procurement Act; women-owned and minority-owned businesses; remedial measures. Provides that the Governor shall require state agencies to implement appropriate enhancement or remedial measures consistent with prevailing law when a persuasive analysis exists that documents statistically significant disparity between the availability and utilization of women-owned and minority-owned businesses. http://lis.virginia.gov/cgi- bin/legp604.exe?ses=131&typ=bil&val=sb781 12/18/12 Senate: Referred to Committee on General Laws & Technology

SB 902 (Reeves) Virginia Public Procurement Act; alternative forms of security. Authorizes the acceptance of a cashier's check in lieu of a bid, payment, or performance bond. Currently the only acceptable alternative forms of security are a certified check or cash escrow. http://lis.virginia.gov/cgi- bin/legp604.exe?131+sum+SB902 1/14/13 Senate: Referred to Committee on General Laws & Technology 1/14/13 Senate: Reported from GL&T (15-Y 0-N)

SB 990 (Miller) Virginia Public Procurement Act; bid match preference for Virginia businesses. Provides a bid match preference for Virginia business. Under the bill, a Virginia business has an opportunity to match the lowest bid of an out-of-state bidder if the bid of a Virginia business is within five percent of the lowest bid of an out-of-state bidder. http://lis.virginia.gov/cgi-bin/legp604.exe? 131+sum+SB990 1/14/13 Senate: Referred to Committee on General Laws & Technology

SB 1170 (Deeds) Virginia Public Procurement Act; resident employment and apprenticeship participation; required contract provisions. Requires all public bodies to include in every contract of more than $100,000 that involves the performance of work within the Commonwealth provisions requiring the contractor to agree (i) that 51 percent of all positions created in performance of the contract be filled by Virginia residents, (ii) that 35 percent of the total hours worked by apprentices in positions created in performance of the contract be performed by Virginia residents, and (iii) to use the Virginia Employment Commission as the first source of referral for obtaining qualified applicants for any new position. Under the bill, "new position" does not include a position that is filled by a current employee of the contractor or an individual who was previously laid off by the contractor. The required

of 20 VAMWA – VAMSA – VA AWWA WUC JOINT LEGISLATIVE TRACKING REPORT January 16, 2012 provisions do not apply to any contracts for the procurement of professional services. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB1170 1/9/13 Senate: Referred to Committee on General Laws and Technology

SB 1197 (Saslaw) Virginia Public Procurement Act; contracts for architectural or professional engineering services by certain localities. Authorizes localities within Planning District 8 to enter into individual contracts for architectural or professional engineering services up to $5 million. Planning District 8 is composed of the counties of Arlington, Fairfax, Loudoun, and Prince William, the cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas Park, and the towns of Dumfries, Herndon, Leesburg, Purcellville and Vienna. Currently, the authority to enter into such contracts is limited to localities and local authorities, sanitation districts, metropolitan planning organizations or planning district commissions with populations in excess of 80,000. http://lis.virginia.gov/cgi- bin/legp604.exe?131+sum+SB1197 1/9/13 Senate: Referred to Committee on General Laws and Technology

SB 1246 (Colgan) Virginia Public Procurement Act; multiple project contracts for architectural or professional engineering services relating to construction. Raises, for certain local public bodies, the maximum cost of architectural or professional engineering services for all projects in one contract term of a multiple project contract from $500,000 to $1.5 million, and raises the maximum cost of architectural or professional engineering services for any single project from $100,000 to $500,000 for airports and aviation transportation projects. For a locality or authority or sanitation district with a population in excess of 80,000, the bill raises the maximum cost of such services from $1 million to $2 million. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB1246 1/9/13 Senate: Referred to Committee on General Laws and Technology

FREEDOM OF INFORMATION

HB 2026 (Dudenhefer) Virginia FOIA; remote participation in a meeting by a member of a public body; personal matter. Allows a member of a public body to participate in a meeting by electronic communication means due to personal matters under certain circumstances. Currently, such remote participation is allowed only for emergency, medical condition, or distance from the meeting location of more than 60 miles. The bill is a recommendation of the Virginia Freedom of Information Advisory Council. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB2026 1/9/13 House: Referred to Committee on General Laws 1/14/13 House: Assigned GL sub#2 FOIA/Procurement

HB 2032 (May) FOIA; electronic meetings. Allows regional public bodies to conduct electronic meetings in the same manner as state public bodies. The bill also removes the requirement that a public body hold one meeting each year at which no member participates using electronic means. This bill is a recommendation of the Joint Commission on Technology and Science. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB2032 1/9/13 House: Referred to Committee on Science and Technology

HB 2125 (Keam) Virginia FOIA; requests for records. Provides that FOIA requests may be made by any citizen of the United States and not just citizens of the Commonwealth. The bill also allows a public body to require prepayment before providing requested records when the cost for production of the records is likely to exceed $100. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB2125 1/9/13 House: Referred to Committee on General Laws 1/14/13 House: Assigned GL sub#2 FOIA/Procurement

SB 1263 (Stuart) Virginia FOIA; meeting by electronic communication means by certain committees, subcommittees, etc., of state public bodies; personal matters. Authorizes an

of 20 VAMWA – VAMSA – VA AWWA WUC JOINT LEGISLATIVE TRACKING REPORT January 16, 2012 advisory public body, defined as any state public body classified as advisory pursuant to § 2.2-2100 or any committee, subcommittee, or other entity, however designated, of a state public body created to advise the state public body, to meet by electronic communication means without a quorum of the advisory public body being physically assembled at one location, provided, among other requirements, the meeting is conducted utilizing a combined audio and visual communication method. The bill requires any advisory public body holding this kind of electronic communication meeting to make an audiovisual recording of the meeting, which recording shall be preserved by the advisory public body for a period of three years from the date of the meeting. The bill also enhances the annual reporting requirements for any public body authorized to conduct electronic communication meetings and requires the FOIA Council to develop a form that an authorized public body must make available to the public at any such meeting for public comment. The above described provisions of the bill by its terms will expire on July 1, 2014. Finally, the bill allows a member of any public body to participate in a meeting by electronic communication means due to personal matters under certain circumstances. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB1263 1/11/13 Senate: Referred to General Laws and Technology

MISCELLANEOUS

HB 1430 (Lingamfelter) Right to Farm Act. Expands the definition of agricultural operations to include the commerce of farm-to-business and farm-to-consumer sales. The commerce and sale of certain items, such as art, literature, artifacts, furniture, food, beverages, and other items that are incidental to the agricultural operation, and constitute less than a majority amount of production or sales, or less than a majority of annual revenues from such sales, are defined as part of the agricultural operation. The bill gives persons engaged in agricultural operations a cause of action against the county or any official or employee of the county for violations of the Right to Farm Act. Two provisions of the bill are retroactively effective to the original enactment of the Right to Farm Act on July 1, 1981. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1430 12/20/12 House: Referred to ACNR 1/14/13 House: Assigned ACNR sub: Agriculture

HB 2110 (Morefield) Coal and Gas Road Improvement Fund; construction of natural gas service lines. Allows a locality in the Virginia Coalfield Economic Development Authority to apply a portion of its Coal and Gas Road Improvement Fund tax revenue to the construction of natural gas service lines. The section formerly permitted the locality to apply a portion of the revenue to the construction or enhancement of water or sewer systems or lines. The amendments add natural gas systems or lines as authorized by § 15.2-2109.3 to the permitted uses of that portion of the fund. http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB2110 1/9/13 House: Referred to Committee on Finance

HB 2194 (Lingamfelter) Capital outlay plan. Establishes a revised six-year capital outlay plan for projects to be funded entirely or partially from general fund-supported resources. .... Includes the following Department of Corrections WWTPs: Construct Augusta Wastewater Treatment Plant $0 to $10,000,000 Upgrade Buckingham Wastewater Treatment Plant $0 to $10,000,000 Replace Caroline Wastewater Treatment Plant $0 to $10,000,000 Upgrade Preliminary Wastewater Treatment $0 to $10,000,000 http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB2194 1/10/13 House: Referred to Committee on Appropriations 1/14/13 House: Assigned App. sub: Capital Outlay

HB 2250 (Sherwood) Underground Utility Damage Prevention Act; sanitary districts. Exempts employees of any sanitary district that maintains at least 20 miles of its own streets and roads from

of 20 VAMWA – VAMSA – VA AWWA WUC JOINT LEGISLATIVE TRACKING REPORT January 16, 2012 certain provisions of the Underground Utility Damage Prevention Act. http://lis.virginia.gov/cgi- bin/legp604.exe?131+sum+HB2250 1/14/13 House: Referred to Committee on Transportation

SB 737 (Petersen) Navigation on freshwaters. Provides that the freshwaters of the Commonwealth shall be open to nonmotorized vessels for purposes of recreation between sunrise and sunset. This policy will apply regardless of whether the water body is deemed to be navigable or nonnavigable or whether the adjoining banks are publicly or privately owned. http://lis.virginia.gov/cgi- bin/legp604.exe?ses=131&typ=bil&val=sb737 12/12/12 Senate: Referred to ACNR

STATE BUDGET HB 1500/ SB 800 (AMENDMENTS TO 2012-2014 BIENNIUM)

NOTE: Existing Budget in Normal Text; Amendments in Italics and Strikethrough

Department of Conservation and Recreation (199)

Item 360. Land and Resource Management (50300) 68,464,572 56,415,430 85,413,687 56,405,430 Stormwater Management (50301) 55,119,777 44,243,320 57,419,777 23,604,920 Dam Inventory, Evaluation and Classification and Flood Plain Management (50314) 1,811,069 1,552,779 Natural Heritage Preservation and Management (50317) 4,004,240 4,004,240 3,994,240 Financial Assistance to Soil and Water Conservation Districts (50320) 4,487,091 4,487,091 6,387,091 Technical Assistance to Soil and Water Conservation Districts (50322) 3,042,395 2,128,000 Agricultural Best Management Practices Cost Share Assistance (50323) 14,649,115 18,738,400 Fund Sources: General 18,560,279 13,234,556 35,509,394 13,224,556 Special 3,833,971 3,526,309 Dedicated Special Revenue 37,995,921 31,580,164 Federal Trust 8,074,401 8,074,401 Authority: Title 10.1, Chapters 1, 5, 6, 7, and 21.1; Title 62.1, Chapter 3.1, Code of Virginia.

A.1. Out of the amounts appropriated for Financial Assistance to Soil and Water Conservation Districts, $4,487,091 the first year and $4,487,091 $6,387,091 the second year from the general fund shall be provided to soil and water conservation districts for administrative and operational support. These funds shall be distributed to the districts only in accordance with the program, financial and resource allocation policies of and upon approval by the Soil and Water Conservation Board. These amounts shall be in addition to any other funding provided to the districts for technical assistance pursuant to subsections H. and K. of this item. Of these amounts, $1,300,000 the second year shall

of 20 VAMWA – VAMSA – VA AWWA WUC JOINT LEGISLATIVE TRACKING REPORT January 16, 2012 be allocated in accordance with historical distribution to districts and $300,000 for efforts associated with achieving targeted TMDLs.

2. The Secretary of Natural Resources shall convene a stakeholder group consisting of representatives including, but not limited to, the Secretary of Agriculture and Forestry, the Department of Agriculture and Consumer Services, the Department of Conservation and Recreation, the soil and water conservation districts, the Virginia Association of Soil and Water Conservation Districts, the Virginia Farm Bureau Federation, the Virginia Agribusiness Council, the Chesapeake Bay Commission, and the Chesapeake Bay Foundation to examine funding needs for administration and operation of the soil and water conservation districts and the technical assistance they provide for implementation of agricultural best management practices needed to meet Virginia’s Watershed Implementation Plan as well as the Southern Rivers Total Maximum Daily Load limits. The stakeholder group is directed to conduct a review of the following and make recommendations to the Governor and the Chairmen of the Senate Finance and the House Appropriations Committees no later than October 1, 2012: a. The historical distribution of funding for administration and operations of all soil and water conservation districts and a projection of future funding needs and any recommended changes to the methodology for distribution of these funds; b. The historical distribution of funding for technical assistance for agricultural best management practices and a projection of the future funding and staffing needs necessary for districts to provide efficient and effective technical assistance to farmers; c. Operational and technical assistance needs in relation to the amount of agricultural best management practices cost-share dollars allocated to the districts; and, d. The process, timing and methodology for distribution of agricultural best management practices cost-share funds to be provided to farmers by the Department of Conservation and Recreation through the districts.

3. The Soil and Water Conservation Board shall not create, merge, divide, modify or relocate the boundaries of any district pursuant to § 10.1-506, Code of Virginia, until such time as the General Assembly has received the recommendations of the stakeholder group and taken action on any such recommendations.

B. It is the intent of the General Assembly that balances in Stormwater Management be used for the Commonwealth's statewide match for participation in the federal Conservation Reserve Program.

C.1. It is the intent of the General Assembly that all interest earnings of the Water Quality Improvement Fund shall be spent only upon appropriation by the General Assembly, after the recommendation of the Secretary of Natural Resources, pursuant to § 10.1-2129, Code of Virginia.

2. Notwithstanding the provisions of §§ 10.1-2128, 10.1-2129 and 10.1-2128.1, Code of Virginia, it is the intent of the General Assembly that the Department of Conservation and Recreation use interest earnings from the Water Quality Improvement Fund and the Virginia Natural Resources Commitment Fund to support one position to administer grants from the fund.

D.1. Out of this appropriation, $8,500 the first year and $8,500 the second year from the general fund is provided to support the Rappahannock River Basin Commission. The funds shall be matched by the participating localities and planning district commissions.

2. Included in the appropriation for this item is $15,000 the first year from the general fund to assist the Rappahannock River Basin Commission develop a programmatic plan, in concert with the U.S. Army Corps of Engineers, for addressing water quality and supply in the Rappahannock River Basin. This funding will be matched by local funding available to the Rappahannock River Basin Commission and include additional funding provided by the U.S. Army Corps of Engineers.

3. Out of this appropriation, $22,500 the first year from the general fund is provided to match the same amount in local funds to leverage $45,000 in funding from the U.S. Army Corps of Engineers to define the needs and provide recommendations for implementation of a synchronized Flood/Rainfall/Water Quality Gauging Network for the Rappahannock River Basin.

E. Notwithstanding § 10.1-552, Code of Virginia, Soil and Water Conservation Districts are hereby authorized to recover a portion of the direct costs of services rendered to landowners within the district and to recover a portion of the cost for use of district-owned conservation equipment. Such recoveries shall not exceed the amounts expended by a district on these services and equipment. F.1. Out of the amounts appropriated for Dam Inventory, Evaluation, and Classification and Flood Plain Management, $600,000 the first year and $600,000 the second year from the general fund shall be deposited to the Dam Safety, Flood Prevention and Protection Assistance Fund, established pursuant § 10.1-603.17, Code of Virginia. The funding provided in this paragraph shall be used for the provision of either grants or loans to localities owning dams in need of renovation and repair or for the provision of loans to private owners of dams in need of renovation and repair.

2. Notwithstanding § 10.1-603.19, Code of Virginia, the Director, Department of Conservation and Recreation, in consultation with the Virginia Resources Authority, is authorized to provide financial or other assistance from the Dam Safety, Flood Prevention and Protection Assistance Fund, including the provision of a grant to a locality of up to $408,402, or 25 percent of the costs of modifying a high hazard dam operating under a conditional certificate extension and that has received approval as of November 30, 2010, for federal funding from the U.S. Department of Agriculture's Natural Resources Conservation Service for at least 65 percent of the cost of repairing the locally-owned dam. The local government shall contribute 10 percent of the total costs of modifying this high hazard dam.

3. Included in the amounts provided for Dam Inventory, Evaluation and Classification and Flood Plain Management is $258,290 for the improvement of a high hazard dam, originally constructed in 1960, to comply with a Special Order issued by the Director, Department of Conservation and Recreation, on June 24, 2011, and in order to meet dam safety requirements.

G. It is the intent of the General Assembly, that notwithstanding the provisions of § 10.1-2132, Code of Virginia, the Department of Conservation and Recreation is authorized to make Water Quality Improvement Grants to state agencies.

H.1. Included in the amounts for Stormwater Management is $9,100,000 the first year and $9,100,000 the second year from nongeneral funds to be deposited to the Virginia Natural Resources Commitment Fund, a subfund of the Virginia Water Quality Improvement Fund, as established in § 10.1-2128.1, Code of Virginia. The funds shall be dispersed pursuant to § 10.1-2128.1, Code of Virginia.

2. The source of an amount estimated at $9,100,000 the first year and $9,100,000 the second year to support the nongeneral fund appropriation to the Virginia Natural Resources Commitment Fund shall be the recordation tax fee established in Part 3 of this act.

3. Out of these amounts, a total of eight percent, or $1,200,000, whichever is greater, shall be provided to Soil and Water Conservation Districts for technical assistance to farmers implementing agricultural best management practices.

I.1. Notwithstanding § 10.1-564, Code of Virginia, public institutions of higher education, including community colleges, colleges, and universities, shall be subject to project review and compliance for state erosion and sediment control requirements by the local program authority of the locality within which the land disturbing activity is located, unless such institution submits annual specifications to the Department of Conservation and Recreation, in accordance with § 10.1-564 A (i), Code of Virginia.

2. The Virginia Soil and Water Conservation Board is authorized to amend the Erosion and Sediment Control Regulations (4 VAC 50-30 et seq.) to conform such regulations with this project review requirement and to clarify the process. These amendments shall be exempt from Article 2 (§2.2-4006 et seq.) of the Administrative Process Act.

J. The Water Quality Agreement Program shall be continued in order to protect the waters of the Commonwealth through voluntary cooperation with lawn care operators across the state. The department shall encourage lawn care operators to voluntarily establish nutrient management plans and annual reporting of fertilizer application. If appropriate, the program may be transferred to another state agency in order to ensure its continuation.

K.1. Out of this appropriation, $5,029,933 the first year from the general fund shall be deposited to the Virginia Water Quality Improvement Fund established under the Water Quality Improvement Act of 1997. This full amount is authorized for transfer to the Virginia Natural Resources Commitment Fund, a subfund of the Virginia Water Quality Improvement Fund. These monies shall be disbursed in accordance with § 10.1-2128.1, Code of Virginia, including the eight percent for distribution to soil and water conservation districts to provide technical assistance.

2. This appropriation, together with the amounts included in Item 366 of this act, meets the mandatory deposit requirements associated with the FY 2011 excess general fund revenue collections and discretionary year-end general fund balances.

L. Included in the amounts for this item is $307,662 the first year in special funds provided from the sale of "Friend of the Chesapeake" license plates to carry out the recommendations of the Chesapeake Bay Restoration Fund Advisory Committee.

M.1. Notwithstanding § 10.1-2129 A., Code of Virginia, $16,949,115 the second year from the general fund shall be deposited to the Virginia Water Quality Improvement Fund established under the Water Quality Improvement Act of 1997. Of this amount, $14,649,115 is authorized for transfer to the Virginia Natural Resources Commitment Fund, a subfund of the Virginia Water Quality Improvement Fund, and $2,300,000 is designated for direct deposit to the Virginia Water Quality Improvement Fund for use for local stormwater assistance grants and for developing an agency program to provide assistance to localities with stormwater programs. The monies transferred to the Virginia Natural Resources Commitment Fund shall be disbursed in accordance with § 10.1-2128.1, Code of Virginia, including the eight percent for distribution to soil and water conservation districts to provide technical assistance.

2. This appropriation meets the mandatory deposit requirements associated with the FY 2012 excess general fund revenue collections and discretionary year-end general fund balances.

N.1. There is hereby established in the state treasury a special nonreverting fund to be known as the Stormwater Local Assistance Fund, hereby referred to as the “Fund.” The Fund shall be established on the books of the State Comptroller and shall consist of bond proceeds from bonds authorized by the General Assembly and issued by the Virginia Public Building Authority, sums appropriated to it by the General Assembly and other grants, gifts, and moneys as may be made available to it from any other source, public or private. Interest earned on the moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund.

2. The purpose of the Fund is to provide matching grants to local governments for the planning, design, and implementation of stormwater best management practices that address cost efficiency and commitments related to reducing water quality pollutant loads. Moneys in the Fund shall be used to meet: i) obligations related to the Chesapeake Bay total maximum daily load (TMDL) requirements; ii) requirements for local impaired stream TMDLs; iii) water quality requirements of the Chesapeake Bay Watershed Implementation Plan (WIP); and iv) water quality requirements related to the permitting of small municipal stormwater sewer systems. The grants shall be used solely for capital projects meeting all pre-requirements for implementation, including but not limited to: i) new stormwater best management practices; ii) stormwater best management practice retrofits; iii) stream restoration; iv) low impact development projects; v) buffer restoration; vi) pond retrofits; and vii) wetlands restoration.

3. The Virginia Soil and Water Conservation Board shall issue guidelines for the distribution of moneys from the Fund. The process for development of guidelines shall, at a minimum, include (a) a 60-day public comment period on the draft guidelines; (b) written responses to all comments received; and (c) notice of the availability of draft guidelines and final guidelines to all who request such notice.

O. The Virginia Public Building Authority is authorized to issue revenue bonds pursuant to §2.2-2263, Code of Virginia in an aggregate principal amount not to exceed $35,000,000 for expenditure through the Stormwater Local Assistance Fund as established in this item. The proceeds of such bonds are hereby appropriated for disbursement from the state treasury pursuant to Article X, Section 7 of the Constitution of Virginia, and § 2.2-1819, Code of Virginia. The grants shall be used solely for capital projects meeting all pre-requirements for implementation, including but not limited to: i) new stormwater best management practices; ii) stormwater best management practice retrofits; iii) stream restoration; iv) low impact development projects; v) buffer restoration; vi) pond retrofits; and vii) wetlands restoration. Such grants shall be in accordance with eligibility determinations made by the Virginia Soil and Water Conservation Board under the authority of the Department of Conservation and Recreation.

Department of Environmental Quality (440)

Item 366. Environmental Financial Assistance (51500) 144,224,342 56,591,198 Financial Assistance for Environmental Resources Management (51502) 4,029,723 4,029,723 Virginia Water Facilities Revolving Fund Loans and Grants (51503) 110,728,437 23,159,043 Financial Assistance for Coastal Resources Management (51507) 2,424,500 2,424,500 Litter Control and Recycling Grants (51509) 2,003,259 1,939,509 Petroleum Tank Reimbursement (51511) 25,038,423 25,038,423 Fund General 89,793,174 2,223,780

Sources: Trust and Agency 25,004,646 25,004,646 Dedicated Special Revenue 2,345,259 2,281,509 Federal Trust 27,081,263 27,081,263 Authority: Title 10.1, Chapters 11.1, 14, 21.1, and 25 and Title 62.1, Chapters 3.1, 22, 23.2, and 24, Code of Virginia.

A. To the extent available, the authorization included in Chapter 781, 2009 Acts of Assembly, Item 368, paragraph E, is hereby continued for the Virginia Public Building Authority to issue revenue bonds in order to finance Virginia Water Quality Improvement Grants, pursuant to Chapter 851, 2007 Acts of Assembly.

B. Notwithstanding the provisions of § 10.1-2131, Code of Virginia, after July 1, 2011, the Department of Environmental Quality shall not provide any Water Quality Improvement Grant to any locality that is subject to the requirements of § 15.2-233.1, Code of Virginia, but has not yet designated at least one urban development area.

C.1. Out of this appropriation, $45,269,394 the first year from the general fund shall be deposited to the Virginia Water Quality Improvement Fund established under the Water Quality Improvement Act of 1997.

2. This appropriation, together with the amounts included in Item 360 of this act, meets the mandatory deposit requirements associated with the FY 2011 excess general fund revenue collections and discretionary year-end general fund balances.

3. Out of this appropriation, the Department of Environmental Quality shall use an amount not to exceed $3,000,000 from the Water Quality Improvement Fund to conduct the James River chlorophyll study pursuant to the approved Virginia Chesapeake Bay Total Maximum Daily Load, Phase I Watershed Implementation Plan. This amount shall be used solely for contractual support for water quality monitoring and analysis and computer modeling. No portion of this funding may be used for administrative costs of the department.

4. Out of this appropriation, the Department of Environmental Quality shall transfer $3,474,862 in the first year to the Department of Corrections for a wastewater treatment plant for use by the Department of Corrections and the Town of Craigsville, per Item C-78.05 of Chapter 890, 2011 Acts of Assembly.

D. Out of the amounts provided for Environmental Financial Assistance is $42,300,000 the first year from the general fund to be deposited to the Virginia Water Quality Improvement Fund established in Title 10.1, Chapter 21.1, Code of Virginia, to finance the costs of design and installation of nutrient removal technology at publicly owned treatment works designated as significant dischargers in order to comply with the effluent limitations for total nitrogen and total phosphorus established for those publicly owned treatment works. Any unexpended balances on June 30, 2013, from the amount appropriated in this paragraph shall not revert to the general fund but shall be carried forward and reappropriated.

E. The Department of Environmental Quality is authorized to capitalize the Nutrient Offset Fund to the extent necessary to facilitate the development of grants or contracts to support animal waste to energy projects.

F.1. The Virginia Public Building Authority is authorized to issue revenue bonds pursuant to §2.2- 2263, Code of Virginia, in an aggregate principal amount not to exceed $165,000,000 in order to finance the projects listed in this Item. The proceeds of such bonds are hereby appropriated for

of 20 VAMWA – VAMSA – VA AWWA WUC JOINT LEGISLATIVE TRACKING REPORT January 16, 2012 disbursement from the state treasury pursuant to Article X, Section 7 of the Constitution of Virginia, and § 2.2-1819, Code of Virginia.

2. Up to $101,000,000 to finance Nutrient Removal Grants to reimburse entities as provided in § 10.1- 2117, Code of Virginia, considered as eligible Significant and Non-Significant Dischargers in the Chesapeake Bay watershed for capital costs incurred for the design and installation of nutrient removal technology. Such reimbursements shall be in accordance with eligibility determinations made by the Department of Environmental Quality pursuant to the provisions of this enactment and Chapter 21.1 of Title 10.1, Code of Virginia, including but not limited to the qualifications of projects for Virginia Water Quality Improvement Grants as set forth in §§ 10.1-2129, 10.1-2130, and 10.1- 2131, Code of Virginia, and in written guidelines developed by the Secretary of Natural Resources in accordance with § 10.1-2129, Code of Virginia.

3. Up to $59,000,000 for the Combined Sewer Overflow Matching Fund established pursuant to § 62.1-241.12, Code of Virginia. These bond proceeds shall be used, along with any interest earnings thereon, by the Virginia Resources Authority and the State Water Control Board to make grants to the cities of Lynchburg and Richmond to pay a portion of the capital costs of their combined sewer overflow control projects. Disbursements from these proceeds shall be authorized by the State Water Control Board, under the authority of the Department of Environmental Quality, and administered by the Virginia Resources Authority through the Combined Sewer Overflow Matching Fund. Of the net proceeds, $19,000,000 shall be provided to the City of Lynchburg and $40,000,000 shall be provided to the City of Richmond. No such net proceeds shall be used to pay debt service on obligations of the cities of Lynchburg or Richmond or any other localities or regional or local authorities.

4. Up to $5,000,000 for a supplemental Nutrient Removal Grant to reimburse capital costs incurred by the Hopewell Regional Wastewater Treatment Authority for the design and installation of nutrient removal technology. Such reimbursement shall be in addition to any conventional grant awarded for the nutrient removal project to the extent determined by the Department of Environmental Quality pursuant to the provisions of Chapter 21.1 of Title 10.1, Code of Virginia, including but not limited to the qualifications of projects for Virginia Water Quality Improvement Grants as set forth in §§ 10.1- 2129, 10.1-2130, and 10.1-2131, Code of Virginia, and in written guidelines developed by the Secretary of Natural Resources in accordance with § 10.1-2129.