Energy and Environment Legislative Digest 2001

A compilation of representative energy and environmental quality legislation enacted by 18 southern states and territories during the 2001 legislative sessions With an introduction by the Honorable Judy Hawley State Representative of Texas SSEB Vice-Chair

September 2001

Published by:

Southern States Energy Board 6325 Amherst Court Norcross, Georgia 30092

Phone: (770) 242-7712 Fax: (770) 242-9956 Email: [email protected] Web: www.sseb.org

1 Table of Contents Introduction: Representative Judy Hawley, Texas ------5

Categories of Energy Legislation ------15 Categories of Environmental Legislation ------17 Note on Using the Matrices and Graphs ------19 Matrix of 2001 Energy Legislation ------21 Matrix of 2001 Environmental Legislation ------23 Graph of Overall Energy Legislation ------25 Graph of Overall Environmental Legislation ------27

Alabama ------29 Arkansas ------39 Florida ------55 Georgia ------67 Kentucky------79 Louisiana ------87 Maryland ------113 Mississippi ------135 Missouri ------147 North Carolina ------159 Oklahoma ------169 Puerto Rico ------185 South Carolina ------191 Tennessee ------199 Texas ------211 U.S. Virgin Islands ------223 Virginia ------225 West Virginia ------249 Southern States Energy Board ------259 2000-2001 Executive Committee ------261 Members of the Board ------263

2 Acknowledgments The Southern States Energy Board’s Legislative Digest is compiled each year in collaboration with member states and territories. We would like to thank the legislative research staff and state administrative officials and their staffs for assisting us in compiling and reviewing the Energy and Environment Legislative Digest 2001.

Alabama North Carolina Terri L. Adams Sharon Stroud Mike Foster Richard Rogers Laura DeVivo Arkansas Chris Benson Oklahoma Mike Smith Florida Fenton Rood Wayne Kiger Alexander Mack South Carolina Reese Edwards Georgia John Clark James Thompson Tennessee Kentucky Greg Adkins Senator David Boswell Mark Mangeot Texas Frederic C. Warner, Jr. Louisiana Hall Bohlinger U.S. Virgin Islands Ann Coco Victor Somme, III Jim Marchand Virginia Maryland Stephen A. Walz Fred Hoover Kathy R. Frahm Paul Rosencrantz West Virginia Mississippi James Williams Michael Boyd Cindy Wilson Larry Richardson

Missouri Leanne Chojnacki

3 4 Honorable Judy Hawley, Texas The Honorable Judy Hawley, member of the Texas House of Representatives, serves as vice-chair of the Southern States Energy Board. Representative Hawley has served in the Texas Legislature since 1994. This year, she serves as Vice-Chair of the Transportation Committee and as a member of the Energy Resource and House Administration Committees. She also represents Texas on the National Energy Council and serves on the Southern Legislative Conference Committee on Agriculture & Rural Development. She continues to serve as the Chair of the Rural Caucus of the Texas Legislature. Representative Hawley, a native of Kansas City, Missouri, graduated Cum Laude with Honors from Knox College.

Introduction It is my privilege to present the Southern States Energy Board (SSEB) Energy and Environment Legislative Digest 2001, a compendium of representative energy and environmental quality measures enacted by the Board’s 18 member states and territories during the 2001 legislative sessions. Every year, SSEB makes an effort to ensure that the information included in the Digest accurately represents the year’s legislative trends. During this year’s legislative sessions, the southern states continued to focus on energy and environmental issues. Lawmakers enacted more than 600 bills pertaining to these matters. More than 400 measures addressed environmental issues and over 100 bills focused on energy issues. In the area of energy legislation, the restructuring of the electric utility industry continued to be a topic of considerable interest. Several states amended their existing laws relating to restructuring. Arkansas, for example, amended various sections of the Electric Consumer Choice Act of 1999. The new law extends the time period to begin retail electric generation competition to a future date that will be no earlier than October 1, 2003, and no later than October 1, 2005. The existing law called for competition to begin between January 1, 2002, and June 30, 2003. Similarly, lawmakers in Oklahoma removed the July 1, 2002, deadline for implementing and created the Electric Restructuring Advisory Committee. Consumer retail choice of electricity providers will not take place until the final report of the Advisory Committee has been submitted to the Governor and the Legislature, and legislation enabling electricity restructuring had been enacted. The Advisory Committee has a termination date of January 1, 2005. In Virginia, a new law concerning restructuring creates a mechanism for establishing the rates for default service after the capped rate period. Among other provisions, this act provides for competitive retail billing and metering. Other states focused on various utility issues. In Louisiana, a new law authorizes any domestic or foreign corporation, created for the purpose of transmitting or distributing electricity and steam, to expropriate needed property. Maryland lawmakers established a new approval process for the construction of on-site generating stations that generate less than 70 megawatts. These generating stations no longer are required to have a Certificate of Public Convenience and Necessity. Any electricity exported from these generating stations for sale may only be sold on the wholesale market

5 INTRODUCTION in accordance with an interconnection operation and maintenance agreement with the local electric company. A new law in Tennessee specifies that, in its role as a provider of natural gas and electrical power, an energy acquisition corporation has the power to provide necessary management services including technical, financial, engineering, promotional, and educational services related to its efforts to adequately, dependably and economically supply natural gas and electrical power to private persons and public or private entities. Additionally, Georgia amended the Georgia Cogeneration Act of 1979, renaming it the Georgia Cogeneration and Distributed Generation Act of 2001. The legislation provides for bi-directional metering, which entails measuring the amount of electricity supplied by an electric service provider and the amount fed back to the electric service provider by the customer’s distributed generation facility using the same meter. Furthermore, any person is allowed to operate a cogeneration facility and sell any excess electric energy to an electric supplier without being subject to regulation by the Public Service Commission (PSC). On the related topic of Natural Gas/Petroleum, two states addressed restructuring of the natural gas industry. Georgia lawmakers amended the Natural Gas Competition and Deregulation Act to allow consumers to switch providers once a year at no charge. In Tennessee, new legislation extends the special committee to study issues relating to natural gas distribution and deregulation of natural gas from February 1, 2001, until February 1, 2003. Relative to petroleum regulation, Alabama instituted new rules regarding the location of a petroleum product tank farm, its operation, and its chief operator. Petroleum product tank farms now must be located within five miles of and served by a full-time paid fire department. In Maryland, liquefied petroleum gas service franchises in existence prior to July 1, 1980, no longer are protected by the “grandfather clause” for certain safety standards. The law also clarifies that liquefied petroleum gas service installations must comply with the metering requirements detailed in the Public Utility Companies Article. With regard to clean-up issues, Louisiana established the Regional Restoration Program in the Office of the Oil Spill Coordinator. The Program is designed to make the natural resource damage assessment process more efficient and more predictable. It also establishes the Natural Resource Restoration Trust Fund funded by natural resource damage assessments. Texas lawmakers adopted the Texas Railroad Commission (TRC) Sunset Act, which increases funding for the Oil Field Clean- up Fund, raising $20 million by increasing oil field clean-up regulatory fees assessed on oil and gas production. The legislation also creates an Oil Field Clean-up Fund Advisory Committee. Concerning Severance Taxes, Mississippi law now requires that all of the State’s share of oil and gas severance taxes be appropriated for the support of the Minimum Education or Adequate Education Program. In Oklahoma, new legislation allows a credit against the tax for every corporation in the State primarily engaged in mining, producing or extracting coal, and holding a valid permit. The credit does not apply to coal sold to any consumer who purchased at least 750,000 tons of Oklahoma- mined coal per year. Also, it is not allowed in any month in which the average price of coal is $45 or more per ton, excluding freight charges. Relative to coal issues, in the category of Coal & Minerals, the West Virginia Legislature passed resolutions to urge the President of the United States and Congress to utilize coal as a major component of the nation’s new energy policy. West Virginia and Alabama both passed resolutions urging the United States Postal Service to issue a commemorative postage stamp to honor coal miners. In addition, Arkansas and Kentucky adopted legislation to include certain coal mining companies in economic development projects.

6 Several states focused on Alternative Energy Developments. In Arkansas, for example, a new law amended the Arkansas Emerging Technology Act to add Stirling engines, microturbines and nanotechnology as technologies eligible for tax benefits. Oklahoma enacted the Oklahoma Ethanol Development Study Act and established an Oklahoma Ethanol Development Advisory Committee until June 1, 2003. Among other things, the Committee has to study the feasibility of developing and enhancing the ethanol industry in the State. The Department of Agriculture, in consultation with the Advisory Committee, has to prepare a report on or before December 1, 2002. In West Virginia, legislators passed a resolution to urge the continuation of tax credits and other incentives for the production of coal-based synthetic fuels in the State through the year 2007 and beyond. New legislation in Missouri allows school districts to establish contracts with nonprofit, farmer-owned new generation cooperatives to supply bus fuel containing at least 20 percent biodiesel. Missouri also established a program to bank and sell federal Energy Policy Act credits generated by state agencies. In the area of Energy Efficiency, Maryland legislators established a 23-member task force to study the cost, extent, causes, and consequences of current public lighting standards and policies, light pollution, and the benefits of alternative policies in Maryland. Among other things, the newly created Task Force to Study Lighting Efficiency and Light Pollution in Maryland has to estimate the potential fiscal and energy costs and savings associated with the adoption of lighting practices that minimize inefficient lighting, light pollution, and energy waste and prepare recommendations for public and private action to enhance lighting efficiency and minimize light pollution in Maryland. A final report is due by February 1, 2002. Two states enacted legislation pertaining to energy performance contracts: Florida and Virginia. Virginia’s new law allows any public body to enter into energy performance-based contracts to significantly reduce energy and operating costs of a facility. This act provides a contracting procedure to be followed by these entities in negotiating an energy performance-based contract and requires such contract to contain certain provisions. Florida enacted the Guaranteed Energy Performance Savings Contracting Act. Among other provisions, this new law expands the types of energy conservation measures that agencies can purchase through guaranteed energy performance savings contracting. It also redefined “energy cost savings” as meaning a reduction in the cost of fuel, energy, and operation and maintenance that is created by the use of an energy conservation measure. Furthermore, it increases the time frame for agencies to pay for an energy conservation measure from 10 to 20 years. With regard to renewable energy, Arkansas adopted the Arkansas Renewable Energy Development Act of 2001. The legislation requires an electric utility that offers residential or commercial electrical service, or both, to allow net-metering facilities to be interconnected using standard meters capable of registering the flow of electricity in two directions. The Arkansas Public Service Commission may authorize an electric utility to assess a net-metering customer a greater fee or charge if the utility’s direct costs of interconnection and administration of net-metering outweigh the distribution system, environmental and public policy benefits of allocating the costs among the utility’s entire customer base. Virginia’s new legislation defines renewable energy as energy derived from sunlight, wind, falling water, sustainable biomass, energy from waste, wave motion, tides, and geothermal power, and excludes energy derived from coal, oil, natural gas or nuclear power. This definition is based on a recommendation of the Consumer Advisory Board established under the Electric Utility Restructuring Act. Three states adopted measures concerning home energy assistance programs. Kentucky, for example, amended the definition for demand-side management to include home energy assistance programs. It allows home energy assistance programs to be a part of a demand-side management program and

7 INTRODUCTION requires the Public Service Commission to utilize only certain criteria for evaluating the programs. In Louisiana, new legislation transfers the authority to administer the federal grants for energy assistance and weatherization services for low-income persons from the Department of Social Services to the Louisiana Housing Finance Agency. In addition, Virginia established the Home Energy Assistance Program in the Department of Social Services. The Home Energy Assistance Fund will be used to supplement the federal Low Income Home Energy Assistance Program Block Grant and to assist the Commonwealth in maximizing the amount of federal funds available under the Low Income Home Energy Assistance Program and the Weatherization Assistance Program by providing funds to comply with fund matching requirements. In the environmental arena, most states focused on water and land resource management. Only one state, Arkansas, addressed Low-Level Radioactive Waste by abolishing its Low-Level Radioactive Waste Advisory Group. Nearly every state enacted legislation pertaining to Water Quality & Conservation. Lawmakers in Texas adopted comprehensive legislation related to the development and management of Texas’ surface and groundwater resources and conjunctive management of both ground and surface water. The law creates the 13-member Texas Water Advisory Council to study and make recommendations on state water issues, such as the final implementation of a statewide comprehensive water plan, and to submit a report and make recommendations to the Legislature in advance of the 2003 Session. The new law also establishes the Water Infrastructure Fund, to be administered by the Texas Water Development Board, to provide funding for the implementation of water projects recommended through the state and regional water planning process. Similarly, legislators in Georgia created the Joint Comprehensive Water Plan Study Committee to undertake a study of the water resource issues, including water quality and quantity, facing Georgia. The Committee will have to recommend a process and schedule to prepare the details of a comprehensive water plan. This initiative also creates a Water Plan Advisory Committee to assist the Study Committee, as requested, in gathering information, preparing briefing documents, preparing recommendations, and evaluating proposed recommendations. Georgia also created the Georgia Environmental Training and Education Authority to enhance and expand the State’s ability to provide basic and advanced training and education and, where applicable, to certify persons in specific areas without replacing any existing mechanisms for accomplishing this training. These areas will include proficiency in the treatment and testing of drinking water and waste water as well as proficiency in meeting Georgia’s National Pollutant Discharge Elimination System permit requirement. Pursuant to pollutant discharge regulation, new legislation requires that, as part of a Virginia Pollutant Discharge Elimination Permit System (VPDES) permit, a lake level contingency plan has to take into account and minimize any adverse effects on beneficial uses (protection of fish and wildlife habitat, recreation, navigation, and cultural and aesthetic values) of any release reduction requirements. Such plans are required for surface water impoundments whose primary purpose was to provide cooling water to power generators. Existing law only required the plan to take into account and minimize the impact of release reductions on downstream users. However, the reduction in the release amounts required by the plan will not be implemented if it adversely affects the following items: the ability to meet water quality standards; the ability to provide adequate water supplies needed for consumptive uses (drinking water or fire protection); and fish and wildlife. With regard to drinking water provisions, Maryland established a graduated administrative civil penalty system for violations of drinking water provisions for public water systems. The maximum administrative civil penalty that can be imposed by the Maryland Department of the Environment (MDE) is based on the population of the area being served by a supplier of water. Tennessee

8 lawmakers passed a resolution to urge Congress to ban the use of methyl tertiary butyl ether (MTBE) as a fuel additive because it may pose a risk to the public health and the environment. North Carolina addressed water quality issues by focusing on animal waste management systems. The State extended the moratoria on construction or expansion of swine farms from July 1, 2001, to September 1, 2003. A new law provides for the issuance of general permits for animal waste management systems under current law and the National Pollutant Discharge Elimination System, and extends the pilot program for inspection of animal waste management systems. Other legislation expanded the powers and duties of the Soil and Water Conservation Commission of the Department of Environment and Natural Resources. The Commission is authorized to develop and implement a program for the approval of water quality and animal waste management technical specialists and develop and approve best management proactices for use in the water quality protection programs for the department. With regard to rivers and waterways, the Georgia General Assembly ratified the rules of the Board of Natural Resources for administration and implementation of the Flint River Drought Protection Act. In Alabama, legislators passed two resolutions to urge the United States Congress and President Bush to restore funding for both the Alabama River Navigation Channel and the Apalachicola- Chattahoochee-Flint Basin to Fiscal Year 2001 levels. In Florida, lawmakers enacted the Comprehensive Everglades Restoration Plan Regulation Act to provide an expedited permitting program for project components of the Comprehensive Everglades Restoration Plan. This act authorizes the use of state funds for land purchases contained in the Florida Forever Water Management District Work Plan. It also provides standards for permitting of construction, operation, and maintenance of facilities in the South Florida ecosystem. In West Virginia, legislators requested that the Division of Natural Resources study the feasibility of making the Upper Mud River Watershed Project in Lincoln County a state park or other designated area, as appropriate. In the category of Water & Sewer Districts/Systems, two states passed measures relating to sewage disposal systems: Kentucky and Oklahoma. New legislation in Kentucky allows private engineers to perform site evaluations and systems designs for on-site sewage disposal systems. The local health department will perform the final systems installation inspection. This act also releases local health departments from liability for site evaluation and system design failures. In Oklahoma, lawmakers prohibited individuals registered under the Oklahoma Sanitarian and Environmental Specialist Registration Act who are employed by the State from performing soil tests to design sewage disposal systems for compensation. On and after July 1, 2002, any person, before engaging in the installation of individual sewage disposal systems, must first obtain certification from the Department of Environmental Quality. Relative to sewerage facilities, Virginia now provides that the State Water Control Board may grant an operator of a private sewerage facility that was permitted prior to January 1, 2001, and discharged less than 5,000 gallons of effluent per day, a waiver of the requirement to file a plan to control, prevent, or contain a threat to public health or the environment from the closure of such facility. In another water-related category, Coastal Zone Management, various states adopted nearly 70 different measures to protect and enhance both off-shore and on-shore environments. Florida legislators, for example, passed a resolution to urge the continued protection of Florida’s Gulf of Mexico coastline and to oppose any move to allow exploration or drilling for oil or natural gas within the Eastern Planning Area of the Gulf of Mexico. Many states instituted new rules and regulations regarding fish and wildlife management. Louisiana established the Crab Task Force to advise the

9 INTRODUCTION Department of Wildlife and Fisheries on matters pertaining to the management and development of the crab industry in the state. Several states passed new laws concerning, among other things, the catching of clams, crabs, fish, shellfish, and shrimp. Louisiana prohibited the sale or trade of oysters taken from polluted waters and provided penalties for violations. Louisiana also designated the spotted sea trout as the official state saltwater fish. Aside from Coastal Zone Management, nearly every state addressed Environmental Land Management issues. Pertaining to soil conservation, Missouri authorized the Department of Agriculture, in cooperation with certain other agencies, to develop and implement an agroforestry program to encourage soil conservation and diversification of the State’s agricultural base. Virginia now requires persons who would be in charge of and responsible for carrying out land-disturbing activities to have a certificate of competence issued by the Board of Soil and Water Conservation. The identification of a certified individual is a prerequisite for the approval of an erosion and sediment plan. With regard to land conservation, Maryland established Maryland GreenPrint Program in the Department of Natural Resources to create a statewide green infrastructure network by acquiring property and property interests, including easements, in a manner that compliments existing conservation programs. Maryland also increased the maximum percentage from 75 to 100 percent of Program Open Space funds that a local government could spend on development projects once it has been certified by the Department of Natural Resources and the Maryland Department of Planning that it had attained its acreage acquisition goals. In Puerto Rico, lawmakers designated the first week in May as Puerto Rican Land Week. A new law also establishes the National Parks Corporation of Puerto Rico. Initially, a total of 21 parks were designated as part of the National Parks System. On the subject of environmental remediation, Oklahoma now allows county commissioners to use county funds and resources for environmental remediation of land, including land owned by public trust authorities if the Department of Environmental Quality certified that the property was polluted or contaminated to such a degree that remediation was necessary to restore the environment. Remediation of the contamination or pollution will be pursuant to a remediation plan approved by the Department. Unless the Department determines that it is unnecessary under the circumstances, the plan will include a component describing erosion control and revegetation measures to be implemented. Two states addressed open burning pursuant to Environmental Land Management. Virginia allowed for prescribed burns throughout the day during the period February 15 through March 1 when such burns are conducted for the control exotic and invasive plants, to establish and maintain wildlife habitat, or to manage natural heritage resources. Oklahoma authorized and promoted the continued use of prescribed burning for ecological, rangeland and cropland management, forestry, and wildlife life management purposes. Relating to Reclamation issues, Mississippi revised the state’s surface coal mining and reclamation law to, among other things, include the abandoned mine lands reclamation account as part of the Surface Coal Mining and Reclamation Fund that was in the state treasury. The legislation also creates new code sections to allow the state to operate a federally approved abandoned mine lands reclamation program and receive federal abandoned mine lands funds. Florida authorized the Department of Environmental Protection to abate imminent hazards from phosphogypsum stack systems through the use of funds from the Nonmandatory Land Reclamation Trust Fund. In the broad category of Environmental Health Services, Texas changed the name of its primary environmental agency from the Texas Natural Resource Conservation Commission (TNRCC) to the Texas Commission on Environmental Quality, effective in 2004. The legislation also addressed

10 excessive emissions events of air contaminants to require that facility owners or operators maintain records of all emission events occurring at the facility and must notify the TNRCC (or its successor agency) within 24 hours of discovery of an emission event exceeding a “reportable quantity” (RQ). In addition, the Texas Natural Resource Conservation Commission (TNRCC) Sunset Act prohibited the State agency from establishing motor fuels standards that were more stringent than those imposed by the U.S. Environmental Protection Agency before the January 1, 2004, date by which the federal fuels standard must be developed. Pertaining to environmental protection, Maryland will prohibit a marketer, with specified exceptions, from selling or providing a fever thermometer containing mercury to a consumer except by prescription beginning October 1, 2002. Beginning October 1, 2003, no primary or secondary school, with specified exceptions, will be allowed use or purchase for use elemental or chemical mercury in a primary or secondary classroom. The act requires the Maryland Department of the Environment (MDE) to provide outreach assistance to schools and to implement a public education, outreach, and assistance program relating to mercury in the environment. Beginning October 1, 2003, all State agencies must give “preference” to products and equipment that are mercury free or contain the least amount of mercury necessary to meet performance standards. The measure also established reporting requirements for MDE and the Children’s Environmental Heath and Protection Advisory Council. Several legislative initiatives in the category of Hazardous Waste & Substance Management relate to hazardous materials transportation. In Louisiana, for example, new legislation provides two additional routes for carriers to transport hazardous materials within the parishes of Caddo and Bossier: Louisiana Highway 3132 and Louisiana Highway 526. Lawmakers in Tennessee increased the fine for leaving a truck containing medical or hazardous waste unsecured and unattended from $2,500 to $5,000. The driver license of the driver of such a truck will be suspended for six months in addition to the fine imposed on the owner. For safety reasons, Oklahoma law now requires commercial motor vehicles that are placarded for hazardous materials to stop a certain distance before crossing at grade any track or tracks of a railroad. Furthermore, West Virginia authorized the Division of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways. Relative to voluntary clean-up programs, Kentucky established a process for the voluntary cleanup and redevelopment of properties suspected of environmental contamination as a result of the release of hazardous substances or petroleum. It established the Voluntary Environmental Remediation Program to be administered by the Natural Resources and Environmental Protection Cabinet. New legislation in Alabama increases the administrative obligations of the Department of Environmental Management to include creating a property inventory list, promulgating rules and regulations for the voluntary assessment and/or cleanup of environmentally contaminated rural and urban areas, and in notifying stakeholders interested in this type of a redevelopment program. The Department was allowed to seek and receive federal, state, local, or other funds to finance the programs and activities for voluntary cleanup. Moreover, this measure creates a 10-member Alabama Land Recycling and Economic Redevelopment Commission to survey existing and proposed incentive programs used to encourage the cleanup of uncontrolled sites. Two states focused on the management of anhydrous ammonia: Louisiana and Missouri. Lawmakers in Louisiana established penalties for the theft of anhydrous ammonia not to exceed $2,000 or two years imprisonment, or both. A new Missouri law revises the state’s laws involving anhydrous ammonia and liquid nitrogen. This legislation prohibits persons making unauthorized removals of anhydrous ammonia from suing the legal owners of the anhydrous ammonia for damages involved with the removal, unless the owner was willfully or wantonly negligent. It also mades the theft of liquid

11 INTRODUCTION nitrogen, or any attempt to steal liquid nitrogen or anhydrous ammonia, a class C felony. Furthermore, it makes the theft of anhydrous ammonia by appropriation of truck or tank a class A felony and the possession of anhydrous ammonia in a nonapproved container a class D felony. In other legislation, Mississippi, made it unlawful to generate wastes in the illegal manufacture of controlled substances through the use of certain precursor chemicals. In addition, the new law makes it a felony offense for any person to purposely or recklessly dispose of any hazardous waste that contaminates a drinking water source to the extent that it was unsafe for human consumption, as determined by the Commission on Environmental Quality; or purposely or recklessly dispose of any hazardous waste that would knowingly place another person in imminent danger of death or serious bodily injury. Upon conviction, a person will be subject to the following penalties: imprisonment for not less than one year nor more than ten years; fines of not less than $5,000 for each day of violation nor more than $50,000 for each day of violation; or both. The fine is capped at $1 million. Both Maryland and Tennessee adopted measures pertaining to lead poisoning. Maryland amended provisions under the Lead Paint Poisoning Prevention Program in the Maryland Department of the Environment to expand the requirements of landlords; modify current provisions regarding the assessment of penalties related to violations of registration requirements; and expand the reporting requirements relating to blood tests for lead poisoning. Tennessee now requires the Commissioner of Environment and Conservation to establish a program for the education of owners and occupants of target housing and child-occupied facilities concerning lead-based paint hazards. The program is required to meet the requirements of the federal program. Persons who perform renovation in such facilities for compensation are required to provide owners and occupants with a lead hazard information pamphlet prior to commencing the renovation. In other legislation pertaining to hazardous waste management, Louisiana provided that no permit, license, registration, variance, or compliance schedule would be granted for the construction of any facility used to receive sulphur in the solid state in bulk quantities and that emits sulphur particulate matter. Also, Maryland authorized the Public Service Commission (PSC) to act on behalf of the U.S. Department of Transportation (DOT) to implement the federal Hazardous Liquid Pipeline Act with respect to intrastate pipelines in Maryland that carry hazardous liquids or carbon dioxide. Additionally, Tennessee required reauthorization every three years instead of every five years for any persons that use, supervise the use of, by or sell restricted use pesticides. Concerning Pollution Control and pesticides, Mississippi revised the fees for the registration of pesticides with the Department of Agriculture. The new law provides a fee rebate for pesticide manufacturers benefiting employment in Mississippi. Georgia lawmakers increased the ceiling for a pesticide annual registration fee from $10 to $100. In Arkansas, lawmakers changed the name of the Agricultural Pesticide Disposal Advisory Board to the Abandoned Pesticide Advisory Board. The legislation addresses funding sources for the Program. With regard to Air Quality issues, Texas lawmakers established the Texas Emissions Reduction Plan (TERP) to ensure that Texas’ air quality, particularly in the Dallas/Fort Worth and Houston/ Galveston non-attainment areas, met minimum federal air pollution reduction standards established under the federal Clean Air Act. The act also creates a 15-member TERP Advisory Board. Furthermore, the legislation creates the Texas Council on Environmental Technology (TCET), consisting of 11 members and charged with providing grants for emissions-reducing technologies. In other legislation, Georgia now provides an income tax credit of $5,000 for the purchase or lease of zero-emission vehicles. Louisiana added $3 to the annual $10 charge for safety inspection certificates for certain motor in parishes and municipalities placed on the nonattainment list for ozone standards. This act specifies that the additional $3 fee would not apply to trailers, semitrailers, or light trailers.

12 Relative to indoor air quality, Maryland established a 20-member Task Force on Indoor Air Quality to study the nature, location, and extent of health and environmental risks posed to workers as a result of molds, spores, and other toxic organisms located in the heating, ventilation, and air conditioning (HVAC) systems of office buildings. On the subject of air pollution, Virginia now requires that the Air Pollution Control Board’s banking and trading credits or allowances regulations applicable to the electric power industry foster competition in the industry and encourage construction of clean, new generating facilities. Missouri is requiring its Air Conservation Commission to establish an air emissions banking and trading program. Solid Waste legislation continues to be a major environmental issue in several states this year. Many states addressed the issue of waste tires. Louisiana, for example, defined three different types of tires and amount of the fee to be levied on the sale of each size tire relative to the Waste Tire Management Fund and the disposal of used tires. In Mississippi, lawmakers decided to continue the waste tire fee, which is imposed on the sale of each new tire sold at retail. This measure also revised the allocation and uses of the waste tire fee funds. Oklahoma legislation amended the Oklahoma Waste Tire Recycling Act to add to the definition of “waste tire processing” to include the cleaning, sorting and delivery of whole tires, in a ready-to-use condition, to businesses that utilize processed tires for energy or fuel recovery. Businesses located in the State that use processed tires for energy or fuel recovery become eligible for compensation from the Waste Tire Recycling Indemnity Fund at a rate not to exceed $29 per ton of processed tires used for energy or fuel recovery. Furthermore, Maryland now prohibits the disposal of scrap tires except through a licensed scrap tire hauler or by delivering the tires to an approved facility. In other solid waste legislation, Arkansas enacted the Arkansas Computer and Electronic Solid Waste Management Act, in part, to address the solid waste management of computers and other electronic solid waste statewide. South Carolina established a three-year pilot program of alligator farming for the purpose of determining the feasibility of alligator farming for poultry mortality disposal. Relative to used oil management, Tennessee is requiring the Department of Safety to conduct a promotional campaign regarding used oil collection facilities and the benefits of recycling used oil. Similarly, Virginia is requiring the Department of Environmental Quality to establish a statewide program to manage used motor oil, oil filters and antifreeze. The Department must also maintain a list of sites that accept these used products from the public; create and promote a web site to provide consumers with information on collection sites; and develop an outreach education program. It is clear that, during the 2001 legislative session, lawmakers addressed a myriad of energy and environmental quality issues. On matters ranging from solid waste to electric utility restructuring, southern lawmakers clearly demonstrated their leadership in improving the quality of life and protecting the health and safety of their citizens.

Honorable Judy Hawley Texas House of Representatives SSEB Vice-Chair

13 INTRODUCTION 14 Categories of Energy Legislation Alternative Energy Developments Legislation in the Alternative Energy Developments category focuses on the practical problems and barriers involved with the implementation of new ideas and costs associated with development of an alternative energy or fuel source. Coal & Minerals The broad Coal & Minerals category addresses all aspects of coal and minerals extraction, production and transportation. Legislation in this area ranges from mineral rights to mine safety and inspection, royalty distribution, rail carriers, crushing operations, clean coal technology, etc. (See Reclamation under Environmental Legislation for new laws relating to land restoration.) Energy Efficiency The category of Energy Efficiency includes legislation pertaining to buildings energy efficiency, renewable energy and related energy conservation issues. Natural Gas/Petroleum Legislation in the Natural Gas/Petroleum category addresses the regulation of all aspects of exploration, development, production, importation, transportation, storage and sale of natural gas and petroleum. The category also contains measures relating to gas and oil spills or cleanup legislation and underground storage tanks. Reorganization/Coordination The Reorganization/Coordination category is composed of legislation affecting the responsibilities or functions of state governmental agencies and departments that handle energy matters. Such legislation includes the creation of, or changes in, department or commission responsibilities and the requirements regarding notice to, or coordination of, agencies. Severance Taxes Legislation affecting Severance Taxes is assessed to discourage resource depletion and to promote conservation practices. A severance tax is a tax on the taking and use of natural resources imposed at the time of extraction. Utilities Legislation in the Utilities category focuses on the water, gas and electric services provided by utility and power companies. The types of legislation enacted in this area deal with changes in rates, production, services, operations, least cost planning and location of utility services.

15 INTRODUCTION 16 Categories of Environmental Legislation Air Quality Air Quality legislation generally pertains to pollutants in the atmosphere. Within this category is legislation encompassing air quality control acts, emission standards, controls to acid rain and ozone non-attainment. Coastal Zone Management Coastal Zone Management legislation involves the protection and enhancement of both off-shore and on-shore environments, including land resources and marine life. The legislation in this category includes, but is not restricted to, shore erosion controls, protection of aquatic vegetation and offshore reefs, control of marine harvests and federal-state consistency provisions. Environmental Audits The Environmental Audits category is comprised of legislation which addresses matters such as voluntary environmental assessments, environmental health and safety audits, and the accompanying privileges and immunities. Environmental Health Services Legislation in the Environmental Health Services category is aimed at protecting and improving the health and safety of both the natural and man-made environments. This category is broad and includes such subject areas as asbestos, environmental protection acts, forest disaster management, flood management, radon gas, pesticides, plant protection and wildlife management regulations. Environmental Land Management Legislation in the broad and varied category of Environmental Land Management incorporates environmental protection and efficient use of land. Subject areas found in this category include critical/natural areas, brownfields, soil conservation, river/wetland protection, forest/park management, growth management and stormwater management. Hazardous Waste & Substance Management Hazardous Waste & Substance Management legislation deals with toxic substances other than radioactive materials. The purpose of this legislation is to control the production, transportation, use and disposal of toxic wastes. (See Low-Level Radioactive Waste for radioactive materials and Solid Waste for non-toxic materials.) Low-Level Radioactive Waste Low-level Radioactive Waste legislation is directed toward the proper handling, transportation, storage and disposal of low-level radioactive waste. Such waste is considered to be any material discarded from a nuclear operation that has been exposed to radiation, although the level of radiation present is considered low by the scientific community. (See Hazardous Waste & Substance Management for toxic substances and Solid Waste for non-toxic waste.) Pollution Control Legislation in the Pollution Control category deals with the control or abatement of air, land, noise, thermal or water contaminates, pesticides, regulations for pollution control equipment and acid rain. (See also Air Quality.)

17 INTRODUCTION Reclamation Reclamation legislation focuses on either restoration of land or the process of bringing economically unusable land (i.e., swamp, marsh, desert) into economic productivity. Such legislation includes regulations covering surface mining reclamation, erosion control and the creation of reclamation districts. Reorganization/Coordination The Reorganization/Coordination category is composed of legislation affecting the responsibilities and functions of state governmental agencies and departments that handle environmental matters. Such legislation includes the creation of or changes in department or commission responsibilities and requirements regarding notice to or coordination of agencies. Solid Waste Solid Waste legislation deals with the treatment, disposal or recycling of refuse, scrap, tailings, chemical effluents and agricultural or industrial wastes. While some legislation uses the term “solid waste” and “hazardous waste” interchangeably, this digest will use “solid waste” for those wastes that are non-toxic and “hazardous waste” for toxic materials. (See Low-Level Radioactive Waste for all radioactive waste materials and Hazardous Waste & Substance Management for toxic waste disposal.) Water & Sewer Districts/Systems Legislation in the Water & Sewer Districts/Systems category addresses local water and sewer districts in terms of responsibilities or functions of district and local jurisdictions. This legislation focuses on the actual operations of such systems. Water Quality & Conservation Legislation in the Water Quality & Conservation category concerns the purity and supply of water as a natural resource for public and industrial uses. Legislation within this category pertains to conservation and quality control measures for lakes, rivers and streams as well as groundwater use and watershed protection measures.

18 Note on Using Matrices and Graphs The matrices and graphs on the following pages illustrate energy and environmental quality legislative trends observed in SSEB member states during this year’s legislative session. The matrices provide readers with a quick view of a state’s activity in each area.

The bar graphs on “Energy Legislation” and “Environmental Legislation” show the number of states enacting legislation by category during the year. A list of abbreviations used in the graphs is provided below. Readers should refer to the definition section for more information on the criteria used in placing legislation in categories. Energy Legislation

AED Alternative Energy Developments C&M Coal & Minerals EE Energy Efficiency NG/P Natural Gas/Petroleum R/C Reorganization/Coordination ST Severance Taxes U Utilities

Environmental Legislation

AQ Air Quality CZM Coastal Zone Management EA Environmental Audits EHS Environmental Health Services ELM Environmental Land Management HW&SM Hazardous Waste & Substance Management LLRW Low-Level Radioactive Waste PC Pollution Control R Reclamation R/C Reorganization/Coordination SW Solid Waste WSD/S Water & Sewer Districts/Systems WQ&C Water Quality & Conservation

19 INTRODUCTION 20 Alternative Energy Developments Coal & Minerals Energy Efficiency Natural Gas/Petroleum Reorganization/Coordination Severance Taxes Utilities Matrix of 2001 Energy Legislation Matrix of 2001 Energy Legislation AED C&M EE NG/P R/C ST U

21 INTRODUCTION 22 Air Quality Coastal Zone Management Environmental Audits Environmental Health Services Environmental Land Management Hazardous Waste & Substance Management Low-Level Radioactive Waste Pollution Control Reclamation Reorganization/Coordination Solid Waste Water & Sewer Districts/Systems Water Quality & Conservation Matrix of 2001 Environmental Legislation Matrix of 2001 Environmental Legislation AQ CZM EA EHS ELM HW&SM LLRW PC R R/C SW WSD/S WQ&C

23 INTRODUCTION 24 Overall Energy Legislation

70 66 65

60 55 55

50 45 40

35 30 25

Number of Bills Enacted Number of Bills Enacted 20 15 15 13

10 7 5 4 0 0 AED C&M EE NG/P R/C ST U

AED Alternative Energy Developments C&M Coal & Minerals EE Energy Efficiency NG/P Natural Gas/Petroleum R/C Reorganization/Coordination ST Severance Taxes U Utilities

25 INTRODUCTION 26 Overall Environmental Legislation

100 95 90 89 85 82 80 80 75 70 68 65 62 60 55 55 50 45 40 35 30 Number of Bills Enacted Number of Bills Enacted 25 20 20 15 15 10 9 5 5 5 1 1 0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

27 INTRODUCTION 28 Alabama Introduction During the 2001 session, the Alabama Legislature passed 20 measures pertaining to energy and environmental matters. Of these 20 measures, five bills focused on energy issues. The energy legislation related to the categories of Coal & Minerals, Natural Gas/Petroleum, and Utilities. With regard to Coal & Minerals, Senate Joint Resolution 37 memorialized the U.S. Postal Service to issue a postal stamp to honor coal miners. Relative to Natural Gas/Petroleum, House Bill 364 regulated the location, operation, and operator of petroleum product tank farms. It is designed to further protect and prevent fires and petroleum spill hazards. Senate Bill 363 also levies additional Mobile County taxes for education purposes, including a .02 per gallon motor fuel tax. In the category of Utilities, House Bill 347 allows the Alabama Department of Transportation to reimburse public utilities with gross annual incomes of $100 million or less when these utilities are required to relocate their facilities as a result of non-interstate federal highway projects. Lawmakers also enacted 15 measures concerning environmental matters. These issues related to the categories of Coastal Zone Management, Environmental Health Services, Environmental Land Management, Hazardous Waste & Substance Management, Pollution Control, Solid Waste, Water & Sewer Districts/Systems, and Water Quality & Conservation. With regard to Coastal Zone Management, for example, Senate Bill 94 made a supplemental appropriation from the Game and Fish Fund, the State Water Safety Fund and the Seafoods Fund in the State Treasury to the respective divisions of the Department of Conservation and Natural Resources of certain revenues credited to the respective funds. House Bill 437, classified under Environmental Health Services, provides protection for the black bear. In the category of Environmental Land Management, House Joint Resolution 31 designates certain portions of roadway in St. Clair County as one of Alabama’s Scenic Byways. In addition, House Joint Resolution 69 commended the Alabama Soil and Water Conservation districts and designated April 18, 2001, as the Alabama Soil and Water Conservation Day. With regard to Hazardous Waste & Substance Management, Senate Bill 5 increased the administrative obligations of the Department of Environmental Management. Such new duties include creating a property inventory list, promulgating rules and regulations for the voluntary assessment and/or cleanup of environmentally contaminated rural and urban areas, and notifying stakeholders interested in this type of a redevelopment program. This legislation also created a 10- member Alabama Land Recycling and Economic Redevelopment Commission to survey existing and proposed incentive programs used to encourage the cleanup of uncontrolled sites. In the category of Solid Waste, House Bill 497 authorizes the Henry County Commission to further regulate and license the operation of junkyards and prohibit certain accumulation and storage of junk and other litter within the unincorporated territory of the county. House Bill 241 exempts the unintentional depositing of agricultural products on a public road, street, or highway from criminal littering statutes. In addition, House Bill 457 provided for the disposal of waste cooking grease and animal by-products in a manner consistent with and approved by the appropriate agency of the state or federal government. Senate Bill 630 makes further provisions for the application process for local plans of solid waste management in Perry County. Several measures were enacted that pertained to water management issues. In the category of Water & Sewer Districts/Systems, Senate Bill 269, for example, provided for the creation of the DeKalb

29 ALABAMA County Water Authority. Lawmakers also passed two resolutions relating to Water Quality & Conservation. Senate Joint Resolution 105 urged the President and U.S. Congress to restore funding to the U.S. Corps of Engineers for the Alabama River Navigation Channel to the Fiscal Year 2001 level. Similarly, Senate Joint Resolution 109 called for the restoration of funding for the Apalachicola-Chattahoochee-Flint Basin.

30 Alabama Legislation Category Comparison

Energy Legislation

2 AED Alternative Energy Developments C&M Coal & Minerals EE Energy Efficiency NG/P Natural Gas/Petroleum R/C Reorganization/Coordination ST Severance Taxes U Utilities

1 Number of Bills Enacted Number of Bills Enacted

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

4 AQ Air Quality CZM Coastal Zone Management EA Environmental Audits EHS Environmental Health Services ELM Environmental Land Management HW&SM Hazardous Waste & Substance 3 Management LLRW Low-Level Radioactive Waste PC Pollution Control R Reclamation R/C Reorganization/Coordination 2 SW Solid Waste WSD/S Water & Sewer Districts/Systems WQ&C Water Quality & Conservation Number of Bills Enacted Number of Bills Enacted 1

0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

31 ALABAMA 32 Alabama Energy Legislation

Coal & Minerals Coal Miners’ Postal Stamp (SJR 37) This resolution memorializes the U.S. Postal Service to issue a postal stamp to honor coal miners and to commemorate their contributions to the nation and its citizens.

Natural Gas/Petroleum Mobile County Educational Taxes (SB 363) This legislation levies additional Mobile Count taxes for educational purposes. These taxes include a motor fuel tax in the amount of .02 per gallon. Petroleum Product Tank Farms (HB 364) This act regulates the location of a petroleum product tank farm, its operation, and its chief operator. This bill requires that any petroleum product tank farm be located within five miles of and served by a full-time paid fire department. Within the corporate limits of a municipality, these petroleum product tank farm sites must be approved by resolution of a municipal governing body or by compliance with applicable zoning laws. If located outside of the corporate limits of a municipality, this site must be approved by a resolution of the county commission. This act further requires the petroleum product tank farm operator to provide periodic training and fire protection to the fire department, at no cost, for fire and spills that could occur. In addition, the operator perform the following tasks:

l include all the fire protection equipment required by the National Fire Protection Associa- tion Code for petroleum products terminals;

l participate in a mutual aid group within the community to train with and assist in emergencies that occur at similar facilities;

l be designed to plan to address fire and petroleum tank farm property; and

l maintain an emergency response plan to address fir and petroleum spill hazards. In addition, this measure defines “petroleum product tank farm” as a terminal for the storage of gasoline, diesel fuel, or jet fuel, in quantities over one million gallons for loading into tanker trucks.

Utilities Rainbow City Utilities Board (HB 678) Under this act, the chair and other board members of the Rainbow City Utilities Board of Rainbow City, Etowah County, will receive additional compensation. The Chair of the Rainbow City Utilities Board will be entitled an additional $200 per month. Similarly, the board members of the Rainbow City Utilities Board will be entitled to an additional $250 per month.

33 ALABAMA Utility Reimbursement (HB 347) This measure allows public utilities with gross annual incomes of $100 million or less to be reimbursed by the Alabama Department of Transportation (ADOT) when these utilities are required to relocate their facilities as a result of non interstate federal highway projects. Under current law, relocated utilities are reimbursed by the ADOT if their annual gross income is $75 million or less or if it is a water or sewer system owned or operated by the City of Birmingham with an annual gross income of $100 million or less. Reimbursement costs are generally paid from 20 percent state funds and 80% federal highway funds by the ADOT. State funds used for such reimbursement are paid from the Public Road and Bridge Fund. This act could increase the reimbursement expenses dependent upon the relocation expenses incurred by the utilities that have or will have gross incomes greater than $75 million, but less than $100 million and that are otherwise not covered under current law. If the facilities to be relocated are owned by any utility that had a gross income of $100 million dollars or less in their first complete year of operation or in the calendar year immediately preceding the relocation, or in the case of utilities owned or operated by a corporation organized pursuant, the cost of the relocation of the utility facility will be paid by the state as a part of the cost of the construction of the project out of the funds then or thereafter available for the highway construction.

34 Alabama Environmental Legislation

Coastal Zone Management Supplemental Appropriations (SB 94) This act makes a supplemental appropriation from the Game and Fish Fund, the State Water Safety Fund and the Seafoods Fund in the State Treasury to the respective divisions of the Department of Conservation and Natural Resources of certain revenues credited to the respective funds, prior to or during the Fiscal Year ending September 30, 2001. The funds will be appropriated as follows:

l from the Game and Fish Fund to the Division of Wildlife and Freshwater Fisheries;

l from the State Water Safety Fund to the Marine Police Division; and

l from the Seafoods Fund to the Marine Resources Division.

Environmental Health Services Black Bears (HB 437) This measure provides protection for the black bear (Ursus americanus). Under this law, the black bear is protected through prescribed unlawful activities in connection with the black bear and the authorization of the Department of Conservation and Natural Resources to issue permits and penalties for certain activities in connection with the black bear.

Environmental Land Management St. Clair County Scenic Byway (HJR 31) This legislation designates certain portions of roadway in St. Clair County as the St. Clair County Scenic Byway, one of Alabama’s Scenic Byways. Soil and Water Conservation Districts (HJR 69) This resolution commends the Alabama Soil and Water Conservation districts and designates April 18, 2001, as Alabama Soil and Water Conservation Day. The soil and water conservation districts are the only local unit of government charged with the responsibility of conserving Alabama’s resources, putting each acre of Alabama land to the use for which it is best suited, stopping any form of soil deterioration, increasing soil productivity, protecting and conserving the water supply, and planning and implementing the reforestation and replanting of the acres of the countryside. This law commends the Districts for their work over the past 60 years.

Hazardous Waste & Substance Management Department of Environmental Management (SB 5) This act increases the administrative obligations of the Department of Environmental Management. Such new duties include creating a property inventory list, promulgating rules and regulations for the voluntary assessment and/or cleanup of environmentally contaminated rural and urban areas, and in notifying stakeholders interested in this type of a redevelopment program. The Department may seek

35 ALABAMA and receive federal, state, local, or other funds to finance the programs and activities for voluntary cleanup. Moreover, this bill creates a 10-member Alabama Land Recycling and Economic Redevelopment Commission to survey existing and proposed incentive programs used to encourage the cleanup of uncontrolled sites. Members of this Commission will serve without compensation. However, members that are state employees will be considered to be on official duty while participating in Commission business. In addition, this act establishes an unpaid voluntary Stakeholders Advisory Committee to assist in the development and revision of the program.

Pollution Control Noise Ordinance (HB 894) This measure authorizes the county commission of Washington County to enact a noise ordinance in the areas outside the corporate limits of a municipality. It has been amended to specify that such noise ordinance applies outside the boundaries of any industrial park. Violators will be fined a maximum of $20. Shooting Ranges (HB 430) This legislation provides for immunity from a civil suit such as a nuisance action or criminal prosecution for noise or lead pollution for property owners operating sport shooting ranges. In accordance with this act, ordinances and regulations relating to noise and lead pollution will not apply to sport shooting ranges, which are exempted from liability. This measure has been amended to specify that such law applies for a range operating between the hours of 9 a.m. and 9 p.m.

Solid Waste Agricultural Products (HB 241) This act exempts the unintentional depositing of agricultural products on a public road, street, or highway from criminal littering statutes. Current law defines “litter” as rubbish, refute, waste material, garbage, dead animals or fowl, offal, paper, glass, cans, bottles, trash, scrap metal, debris, or any foreign substance of whatever kind and description, and whether or not it is of value. This legislation amends such definition by noting that any agricultural product in its natural state that is unintentionally deposited on a public right-of-way will not be deemed litter. Henry County Junkyards (HB 497) This measure authorizes the Henry County Commission to further regulate and license the operation of junkyards and prohibit certain accumulation and storage of junk and other litter within the unincorporated territory of the county. Under this law, it is unlawful and constitutes a public nuisance for the owner or other person in charge or in control of a building, lot, junkyard, or other premises, to fail to keep them clean and free from garbage, refuse, litter, and other non-decorative matter. This act provides for exceptions. The County Commission may regulate and establish requirements for issuing licenses to operate junkyards or similar establishments. In addition, this act provides for an annual license fee of not more than $1,000 and not less than $100, for the privilege of operating a junkyard or similar establishment in the unincorporated area of the county. Perry County Solid Waste Management (SB 630) This legislation makes further provisions for the application process for local plans of solid waste management. In determining to grant or deny local approval of a proposed issuance of or modification of a new or existing solid waste management site, the governing body of Perry County, or any municipality within the County, will consider the regional planning and development commission’s

36 statement of consistency. Perry County or any municipality within the County is forbidden to consider or make any determination regarding whether a proposed solid waste facility meets appropriate geological, environmental, design, or other scientific or engineering standards established by federal or State agencies charged with approving, permitting, or monitoring a solid waste disposal site. Once local approval has been granted by the affected local governing body for solid waste services within its jurisdiction, it will remain valid unless the permit application is withdrawn from or the Alabama Department of Environmental Management denies the permit. Prior to local review and approval of any proposal regarding services or activities described in the local solid waste management plan, the applicant will obtain a statement of consistency from the Regional Planning and Development Commission. No statement of consistency will be required for contracts exclusively for the collection or transportation of solid wastes, nor will a statement be required for contracts exclusively for the processing, recycling, or conversion to usable by-products of not less than 70 percent of the solid waste which is the subject of the contract. Waste Cooking Grease (HB 457) This act provides for the disposal of waste cooking grease and animal by-products in a manner consistent with and approved by the appropriate agency of the state or federal government. “Waste cooking grease” is defined as any grease, fat, or oil, whether derived from plant or animal or any combination thereof, previously used in the cooking or preparation of food for animal or human consumption and is no longer suitable for such use. All commercial establishments producing waste cooking grease or any inedible animal by product in the course of doing business will dispose of such grease or by-product only in a manner approved by the agency granting license or permit to operate the establishment. This law has been amended to exclude non-licensed or permitted family farms from the commercial establishments affected.

Water & Sewer Districts/Systems Attalla Waterworks Board (SB 623) This measure provides for compensation of the chair and board members of the Attalla Waterworks Board of Etowah County, City of Attalla. The chair of the board will be entitled to $300 per month. The board members will be entitled to $200 per month. DeKalb County Water Authority (SB 269) This legislation provides for the creation of the DeKalb County Water Authority. Furthermore, this act removes the term limits for the directors and provides for the compensation of directors. The board of directors will consist of seven directors to be appointed by the State legislature.

Water Quality & Conservation Alabama River Navigation Channel (SJR 105) This resolution urges President Bush and the U.S. Congress to restore funding to the U.S. Corp of Engineers for the Alabama River Navigation Channel to the Fiscal Year 2001 level. Apalachicola-Chattahoochee-Flint Basin (SJR 109) This resolution urges the U.S. Congress and President Bush to restore funding to the U.S. Corps of Engineers for Alabama waterways to the Fiscal Year 2001 level.

37 ALABAMA 38 Arkansas Introduction The Arkansas General Assembly passed 63 measures during the 2001 session concerning energy and environmental matters. Twenty-two of these bills focused on energy issues. More than half of the energy legislation dealt with Natural Gas/Petroleum issues. Senate Bill 330, for example, provides for the establishment of quality specifications for engine fuels, petroleum products and automotive lubricants. With regard to fees, Senate Bill 618 outlines annual assessment fees for each gas transporter, owner or operator of natural gas pipeline facilities totaling less than 50 miles. Similarly, Senate Bill 830 increases the assessment for natural gas produced and saved. It also increases the assessment for brine produced and saved or sold for purposes of the extraction of chemical substances. House Bill 2421 relates to petroleum storage tanks and requires owners to complete a storage tank self-inspection audit and submit it to the Department of Environmental Quality. Relative to Coal & Minerals, Senate Bill 776 provides that economic development incentives will include coal mining operations that employ 25 or more net full-time permanent employees. In the category of Utilities, Senate Bill 236 amended various sections of the Electric Consumer Choice Act of 1999. It extends the time period to begin retail electric generation competition at a future date that will be no earlier than October 1, 2003, and no later than October 1, 2005. Current law called for competition to begin between January 1, 2002 and June 30, 2003. The legislation added provisions for the Arkansas Public Service Commission to delay the implementation of retail open access under certain circumstances. Another measure, House Bill 1811 amended the Joint Municipal Electric Power Generation Act to expand the authority of municipalities to participate in joint or cooperative major utility facility projects. Relating to Energy Efficiency, House Bill 2325 created the Arkansas Renewable Energy Development Act of 2001. An electric utility that offers residential or commercial electrical service, or both, will allow net-metering facilities to be interconnected using standard meters capable of registering the flow of electricity in two directions. In addition, the act directed the Arkansas Public Service Commission to establish appropriate rates, terms and conditions for net-metering contracts, among other things. House Bill 2243 clarified the scope of an energy savings contract. The act also extended the permitted term of a guaranteed energy savings contract and specified the minimum contents of proposals for the contracts. In the related category of Alternative Energy Developments, House Bill 2237 amended the Arkansas Emerging Technology Act to add Sterling engines, microturbines, and nanotechnology as technologies eligible for tax benefits. Lawmakers also enacted 41 bills concerning environmental matters. More than one-quarter of these measures dealt with the issue of Solid Waste. One measure, Senate Bill 970, directs the Arkansas Department of Environmental Quality to develop a Statewide Solid Waste Management Plan. Another measure, House Bill 1255, makes waste reduction projects eligible for loans from the Small Business Revolving Loan fund. The act also increases the loan limits for pollution control and pollution prevention technologies. Senate Bill 807 created the Arkansas Computer and Electronic Solid Waste Management Act. The purpose of this legislation, in part, is to protect the public health, safety and the environment by mandating steps to be taken to address the solid waste management of computers and other electronic solid waste statewide. House Bill 2372 addressed waste management by providing sales and use tax exemptions for the processing of waste into fuel products.

39 ARKANSAS With regard to recycling, House Bill 1055 changed the recycling goals for the State to reflect a goal of recycling 40 percent of municipal solid waste by 2005. Senate Bill 327 exempts persons who arrange for recycling of recyclable material from liability under the Emergency Response Fund Act and the Remedial Action Trust Fund Act. Also, House Bill 2265 makes it illegal to divert for personal use or commercial purposes any recyclable materials valued at $50 or more and placed in recycling containers of another person or entity. In addition, House Bill 1160 changes the recycling grants reporting period and clarifies the regulatory requirements of grant recipients. Several measures relates directly to littering. Senate Bill 507 prohibits the possession or use of glass containers within the banks of Arkansas' navigable waterways. The legislation also outlines requirements for storing and securing trash while floating on these waterways. House Bill 1056 amended current law to adjust the level of fines and require mandatory community service for littering. Additionally, House Bill 1960 mandates that information on littering and work zone safety regulations be added to the driver's instruction manual. In the category of Environmental Land Management, several bills related to timber management. House Bill 1109 provided that timber harvesting equipment exemption from the Arkansas gross receipts tax and the Arkansas compensating tax would not expire on June 30, 2001. Senate Bill 23 created the offense of timber theft. In addition, House Bill 1359 abolished the Arkansas Task Force on Timber Land Assessment. In other legislation, Senate Bill 139 amended the Voluntary Cleanup Act to change the term of the agreement between the prospective purchaser and the Department of Environmental Quality. In addition, House Bill 2568 prohibits the discharge of agricultural irrigation waters onto interstate or state highways. Also, Senate Bill 284 designates a portion of Interstate 530 as an Arkansas Scenic Highway. With regard to Environmental Health Services, House Bill 2166 amended various sections of the Arkansas Emergency Services Act of 1973 to include the creation within the Arkansas Department of Emergency Management of an emergency reserve cadre to be comprised of trained and available specialists to assist regular employees during declared disaster response and recovery operations. The legislation created a defacto mutual aid agreement between counties and municipalities and between all counties within the state upon the declaration of a disaster/emergency by the Governor. Also, House Bill 2252 established the Arkansas State Game and Fish Commission Oversight Committee of the General Assembly. Several legislative initiatives focused on water resource management. In the category of Water Quality & Conservation, House Bill 1247 authorized the creation of public water authorities and provided for their management, powers, and structures. Senate Bill 311 amended the Interlocal Corporation Act to authorize public agencies to create consolidated water works. In addition, House Bill 2422 amended the Arkansas Groundwater Management and Protection Act and designated sustaining aquifers, removed limitations on sustaining aquifers, and required measuring of certain groundwater withdrawals. Senate Bill 798 amended the Arkansas Water Resources Cost Share Finance Act to allow funding of certain non-federal projects. House Bill 1714 broadened the water conservation projects for which a tax credit may be taken to include commercial purposes. Additional legislation in the environmental arena dealt with a variety of issues. Relative to Air Quality, Senate Bill 908 provides for an interim study by the Legislative Council to evaluate and recommend legislative actions that could provide incentives and enable early action to address air pollution concerns by cities and counties that are, or have had potential to be areas designated as non-attainment with regard to the National Ambient Air Quality Standards. Under the category of Coastal Zone Management, House Bill 2630 modified the marine sanitation laws to conform to

40 federal law. With regard to Pollution Control, Senate Bill 608 further defined the goal of the Abandoned Agricultural Pesticide Disposal Program and addressed funding sources. Relating to Low-Level Radioactive Waste, House Bill 1359 abolished the Low-Level Radioactive Waste Advisory Group. Lastly, in the category of Reclamation, House Bill 1763 changed the maximum amount of civil penalty that the Arkansas Department of Environmental Quality could assess under the Arkansas Open-Cut Land Reclamation Act.

41 ARKANSAS 42 Arkansas Legislation Category Comparison

Energy Legislation

13 AED Alternative Energy Developments C&M Coal & Minerals 12 EE Energy Efficiency NG/P Natural Gas/Petroleum 11 R/C Reorganization/Coordination 10 ST Severance Taxes U Utilities 9

4 Number of Bills Enacted Number of Bills Enacted

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

14 AQ Air Quality CZM Coastal Zone Management 13 EA Environmental Audits 12 EHS Environmental Health Services ELM Environmental Land Management 11 HW&SM Hazardous Waste & Substance 10 Management LLRW Low-Level Radioactive Waste 9 PC Pollution Control R Reclamation 8 R/C Reorganization/Coordination 7 SW Solid Waste WSD/S Water & Sewer Districts/Systems 6 WQ&C Water Quality & Conservation 5

Number of Bills Enacted Number of Bills Enacted 4 3 2 1 0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

43 ARKANSAS 44 Arkansas Energy Legislation

Alternative Energy Developments Emerging Energy Technology Act Amended (HB 2237) This measure amends the Arkansas Emerging Technology Act to add Stirling engines, microturbines and nanotechnology as technologies eligible for tax benefits. It extends the carry forward on income tax credits earned to a total of fifteen years and clarifies the benefit of facilities and equipment. In addition, this act ads definitions for nanotechnology, microturbines and stirling engine.

Coal & Minerals Coal Mining Operations (SB 776) This legislation includes coal mining operations that employ 25 or more net full-time permanent employees in economic development incentives.

Energy Efficiency Energy Savings Contract (HB 2243) This measure clarifies the scope of an energy savings contract. Qualified providers must have a valid contractor's license. This act also extends the permitted term of a guaranteed energy savings contract and specifies the minimum contents of proposals for the contracts. Renewable Energy Development Act of 2001 (HB 2325) This act creates the Arkansas Renewable Energy Development Act of 2001. An electric utility that offers residential or commercial electrical service, or both, will allow net-metering facilities to be interconnected using standard meters capable of registering the flow of electricity in two directions. In addition, the act directs the Arkansas Public Service Commission to perform the following tasks:

l establish appropriate rates, terms and conditions for net-metering contracts;

l may authorize an electric utility to assess a net-metering customer a greater fee or charge if the utility's direct costs of interconnection and administration of net-metering outweigh the distribution system, environmental and public policy benefits of allocating the costs among the utility's entire customer base; and

l may expand the scope of net-metering to include additional facilities that do not use a renewable energy resource for a fuel or may increase the peak limits for individual net- metering facilities, if so doing results in desirable distribution system, environmental or public policy benefit.

Natural Gas/Petroleum Annual Assessment Fees (SB 618) This act concerns the annual assessment fees charged natural gas pipeline owners and collected by the Arkansas Public Service Commission. Each gas transporter, owner or operator of natural gas

45 ARKANSAS pipeline facilities totaling less than 50 miles, will pay an annual assessment fee equal to .0015 times the total cost of operating the pipeline safety program of the Commission for the assessment year. The calculation of fees will be based on the pipeline miles reported to the Office of Pipeline Safety on or before February 15 of each year. Distillate Special Fuels and Motor Oils Refunds (HB 1444) This legislation provides for a refund for the purchase of distillate special fuels and motor fuels by fire departments. Any fire department that purchases motor fuel or distillate special fuel for use in fire trucks will be entitled to a refund for the motor fuel tax or distillate special motor fuel tax paid. Dyed Diesel Fuel (SB 530) This act eliminates the requirement that sellers of dyed diesel fuel identify each purchaser in monthly motor fuel tax reports. Engine Fuels, Petroleum Products, and Automotive Lubricants Inspection Act of 2001 (SB 330) This measure provides for the establishment of quality specifications for engine fuels, petroleum products, and automotive lubricants. It establishes a sampling, testing, and enforcement program, requires registration of engine fuels, and empowers the state to promulgate regulations as needed to carry out the provisions of this act. It also provides for administrative, civil, and criminal penalties. Liquefied Petroleum Gas Board Act Amended (HB 1218) This act amends the Liquefied Petroleum Gas Board Act to provide that a seller of liquefied petroleum gas may authorize a substitute seller whenever the seller is unable to deliver to customers. Liquefied Petroleum Gas Board Membership (SB 264) This measure changes the membership of the Liquefied Petroleum Gas Board, clarifies the application process for Class 1 permits for liquefied petroleum gas dealers, and simplifies the application process for the Class 2 through Class 10 permits. Motor Fuel Definition (SB 97) This legislation amends the definition of motor fuel to provide that leaded gasoline or methanol used for fueling an automobile used for racing does not mean motor fuel. Natural Gas Assessment (SB 830) This measure increases the assessment for natural gas produced and saved. It also increases the assessment for brine produced and saved or sold for purposes of the extraction of chemical substances. In addition, this act requires review by the Legislative Council or the Joint Budget Committee of proposed increases in the brine assessment. Natural Gas Pipeline Safety Act Amended (SB 110) This act amends the definitions section of the Natural Gas Pipeline Safety Act by adding a definition for "petroleum refinery." Oil and Gas Commission Attorney (SB 831) This legislation authorizes the Oil and Gas Commission to hire an attorney to represent the Commission in cases that require specialized legal services. Any contract for legal representation will be subject to approval by the Attorney General who shall otherwise be attorney for the Commission. Petroleum Storage Tank Trust Fund (HB 1240) This measure provides the right to appeal decisions relating to the Arkansas Petroleum Storage Tank Trust Fund to the Arkansas Pollution Control and Ecology Commission.

46 Storage Tanks (HB 2421) This act requires storage tank owners to complete and submit to the Department of Environmental Quality a storage tank self-inspection audit. It also amends the Petroleum Storage Tank Trust Fund eligibility criteria for reimbursement, corrective action and third-party claims. Theft of Motor Fuel (HB 1468) This legislation creates the offense of theft of motor fuel. Motor fuel includes gasoline, diesel fuel, alcohol or any mixture of these fuels, or any other fuel sold for use in automobiles or related vehicles.

Severance Taxes Redemption Costs of Severed Mineral Interests (HB 1496) This legislation clarifies the $25 fee collected by the Commissioner of State Lands and exempts from said fee the redemption costs of severed mineral interests.

Utilities Electric Consumer Choice Act of 1999 Amended (SB 236) This act amends various sections of the Electric Consumer Choice Act of 1999. It extends the time period to begin retail electric generation competition at a future date that would be no earlier than October 1, 2003 and no later than October 1, 2005. Current law calls for competition to begin between January 1, 2002 and June 30, 2003. Provisions are added for the Arkansas Public Service Commission to delay the implementation of retail open access under the following circumstances:

l electronic data exchange and information systems necessary for implementation of retail open access have not been fully developed, installed and tested;

l most customers will not have a reasonable opportunity to realize net benefits; or

l demonstrably effective market structures are not in place. Electric Utilities (HB 2456) This measure grants certain privileges and prescribes certain duties of electric utilities organized for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public or for compensation or for the public use. Joint Municipal Electric Power Generation Act Amended (HB 1811) This legislation amends the Joint Municipal Electric Power Generation Act to amend certain definitions and to expand the authority of municipalities to participate in joint or cooperative major utility facility projects. Sales Tax Exemption (SB 967) This act provides a sales tax exemption on natural gas and electricity used in the manufacturing of wall and floor tile by manufacturers classified in Standard Industrial Classification 3253.

47 ARKANSAS 48 Arkansas Environmental Legislation

Air Quality Legislative Council Interim Study (SB 908) This measure provides for an interim study by the Legislative Council to evaluate and recommend legislative actions that could provide incentives and enable early action to address air pollution concerns by cities and counties that are, or have potential to be areas designated as non-attainment with regard to the National Ambient Air Quality Standards.

Coastal Zone Management Marine Sanitation Laws (HB 2630) This legislation modifies the marine sanitation laws to conform with federal law.

Environmental Health Services Emergency Services Act of 1973 Amended (HB 2166) This measure amends various sections of the Arkansas Emergency Services Act of 1973 including the creation within the Arkansas Department of Emergency Management of an emergency reserve cadre to be comprised of trained and available specialists to assist regular employees during declared disaster response and recovery operations. In addition, to provide resources for immediate aid, assistance and unimpeded response and recovery operations within and between the various political subdivisions of Arkansas, a defacto mutual aid agreement will exist between counties and municipalities and between all counties within the state upon declaration of a disaster/emergency by the Governor and in accordance with law. State Game and Fish Commission Oversight Committee (HB 2252) This legislation establishes the Arkansas State Game and Fish Commission Oversight Committee of the General Assembly. This Committee will have the authority to conduct an interim study into the long-term funding needs and potential long-term financial sources for the Arkansas State Game and Fish Commission.

Environmental Land Management Crowley’s Ridge Trail Commission Abolished (HB 1359) As part of an omnibus act that abolishes various boards and commissions, this measure abolishes the Crowley’s Ridge Trail Commission. Forestry Commission Fire Crews (SB 274) This legislation authorizes the Arkansas Forestry Commission and fire crews under their direction or control to obtain water for suppressing wildfires. Irrigation Waters (HB 2568) This measure prohibits the discharge of agricultural irrigation waters onto interstate or state highways.

49 ARKANSAS Scenic Highway (SB 284) This legislation designates a portion of Interstate 530 as an Arkansas Scenic Highway. Task Force on Timber Land Assessment Abolished (HB 1359) As part of an omnibus act that abolishes various boards and commissions, this legislation abolishes the Arkansas Task Force on Timber Land Assessment. Timber Harvesting Equipment Exemption Extended (HB 1109) This measure provides that the timber harvesting equipment exemption from the Arkansas gross receipts tax and the Arkansas compensating tax will not expire on June 30, 2001. Timber Theft (SB 23) This act creates the offense of timber theft. A “timber purchaser” is defined as a person who purchases standing timber for harvest. Any money a timber purchaser collects for harvested timber is trust money. A trustee commits the offense of timber theft if the trustee, knowingly or with intent to defraud, directly or indirectly retains, uses, disperses, or otherwise diverts trust money without first paying all of the beneficiaries the purchase price for the timber. Voluntary Cleanup Act Amended (SB 139) This measure amends the Voluntary Cleanup Act to change the term of the agreement between the prospective purchaser and the Department of Environmental Quality. It defines “implementing agreement” as a plan, order, memorandum of agreement, or other enforceable document issued by the Arkansas Department of Environmental Quality under provisions of the Arkansas Hazardous Waste Management Act or the Arkansas Remedial Action Trust Fund or the Arkansas Voluntary Cleanup Act to implement the voluntary cleanup process.

Low-Level Radioactive Waste Low-Level Radioactive Waste Advisory Group Abolished (HB 1359) As part of an omnibus act that abolishes various boards and commissions, this measure abolishes the Low-Level Radioactive Waste Advisory Group.

Pollution Control Abandoned Agricultural Pesticide Disposal Program (SB 608) This act further defines the goal of the Abandoned Agricultural Pesticide Disposal Program. It changes the name of the Agricultural Pesticide Disposal Advisory Board to Abandoned Pesticide Advisory Board. In addition, it addresses the funding sources for the Program.

Reclamation Open-Cut Land Reclamation Act Amended (HB 1763) This act changes the maximum amount of civil penalty that the Arkansas Department of Environmental Quality can assess under the Arkansas Open-Cut Land Reclamation Act. Current law requires $5,000 per day per violation. This measure requires the following fines:

l $1,000 for the first violation;

l $2,5000 for a second separate violation of the same offense within two years; and

l $5,000 for a third separate or subsequent violation of the same offense within two years.

50 Administrative penalties are the same except that current law requires $500 for a first violation and not more than $1,000 for a second or subsequent violation.

Reorganization/Coordination Construction Assistance Revolving Loan Fund Program - Transfer of Duties (HB 1788) This measure transfers all duties, powers, functions, assets, properties, and appropriations of the Construction Assistance Revolving Loan Fund Program of the Arkansas Department of Environmental Quality to the Arkansas Soil and Water Conservation Commission. House and Senate Committees on Agriculture and Economic Development - Name Change (HB 2086) This legislation changes the name of the House and Senate Committees on Agriculture and Economic Development to Committee on Agriculture, Forestry and Economic Development.

Solid Waste Computer and Electronic Solid Waste Management Act (SB 807) This act creates the Arkansas Computer and Electronic Solid Waste Management Act. The purpose of this measure is to meet the following objectives:

l achieve the maximum possible benefit from use of state agency-owned computers, electron- ics, and peripherals;

l achieve maximum benefit from sale of surplus state agency assets; and

l protect the public health, safety, and the environment by mandating steps be taken to address the solid waste management of computers and other electronic solid waste statewide.

Glass Containers (SB 507) This legislation prohibits the possession or use of glass containers within the banks of Arkansas’ navigable waterways. It also establishes the following requirements:

l coolers, ice boxes and other containers used on waterways for transporting food and bever- ages must be properly sealed;

l all persons floating navigable waterways must carry a container attached to the vessel suitable for collecting trash and being securely closed; and

l beverage containers must be prevented from sinking to the bottom of navigable waterways. Landfills (SB 114) This act requires Class 1 and Class 3C landfills to install and use weight scales. The landfills must also report the weight of solid waste received and calculate landfill disposal fees based upon the weight of solid waste received. Litter Violations (HB 1960) This measure includes information in the driver’s instruction manual on littering and work zone safety and penalties for violations of litter and work zone safety regulations.

51 ARKANSAS Littering (HB 1056) This legislation amends current law to adjust the level of fines for littering and requires mandatory community service. It also dedicates the fine money for anti-littering programs by the Keep Arkansas Beautiful Commission and by local governments. Recycling Containers (HB 2265) This measure makes it unlawful to divert for personal use or commercial purposes any recyclable materials valued at $50 or more and placed in recycling containers of another person or entity. Recycling Goals (HB 1055) This act sets new goals for recycling for the State and defines municipal solid waste. Currently, the goals are to recycle 30 percent of the 1991 municipal solid waste stream by 1995, and 40 percent by the year 2000. This measure adopts as a goal the recycling of 40 percent of its municipal solid waste by 2005, and 45 percent by 2010. Municipal solid waste is defined as waste, including yard waste, produced by individuals, public entities, agriculture, and businesses. This includes waste not traditionally included in the recycling rate calculation, which is by its nature eligible for disposal in a municipal solid waste landfill. Recycling Grants (HB 1160) This legislation changes the recycling grants reporting period to the state fiscal year. It also clarifies the regulatory requirements of recycling grants recipients. Recycling Transactions (SB 327) This act exempts persons who arranged for recycling of recyclable material from liability under the Emergency Response Fund Act and the Remedial Action Trust Fund Act. Solid Waste Management Law Enforcement (HB 2511) This measure authorizes illegal dumps control officers to issue and serve citations for violations of provisions of the Arkansas Solid Waste Management Act prohibiting illegal dumping, subject to certain exemptions. Solid Waste Permit (SB 113) This measure makes it illegal to violate provisions of a solid waste permit issued under this act by the Arkansas Department of Environmental Quality. Statewide Solid Waste Management Plan Act (SB 970) This legislation directs the Arkansas Department of Environmental Quality to develop a Statewide Solid Waste Management Plan. This Statewide Plan will establish minimum requirements for all regional solid waste management plans, including requirements for strategic planning, reporting, public notice and participation, services, and solutions to problems and issues. Each regional solid waste management board will develop a solid waste management plan that includes the minimum requirements contained in the Statewide Plan within one year after the Statewide Plan becomes final. Waste Into Fuel Products (HB 2372) This act provides sales and use tax exemptions for the processing of waste into fuel products. This includes the gross receipts or gross proceeds derived from the sale of the following items:

l fuel packaging materials to a person engaged in the business or processing hazardous and non-hazardous waste materials into fuel products at a facility permitted by the Arkansas Department of Environmental Quality (ADEQ) for hazardous waste treatment; and

52 l machinery and equipment including analytical equipment and chemicals used directly in processing and packaging of hazardous and non-hazardous waste material into fuel products at a facility permitted by the ADEQ for hazardous waste treatment. Waste Reduction Projects (HB 1255) This measure makes waste reduction projects eligible for loans. It also increases loan limits from the Small Business Revolving Loan Fund for pollution control and pollution prevention technologies. The maximum loan amount increased from $10,000 to $20,000 per mandated pollution control project and from $15,000 to $25,000 per pollution prevention project. This act also added $20,000 per waste reduction project. The maximum allowable loan increased from $25,000 to $45,000 per individual company.

Water & Sewer Districts/Systems Drainage Districts (SB 509) This act provides that drainage improvement districts will not lose real property or easements of the districts to adverse possession. Drainage Improvement District Law Amended (HB 1164) This measure amends the Drainage Improvement District Law to provide that no work exceeding $20,000 will be let without public advertisement. Current law provides that a work not exceed $10,000. Municipal Storm Water Management (HB 1737) This act adds a definition to the term “works” to mean and include the structures and property as provided in the following:

l storm water management;

l the creation and operation of a storm water utility;

l the creation and operation of a storm water department; and

l other like organizational structures related to the disposal or treatment of storm water by municipalities.

Water Quality & Conservation Consolidated Waterworks Authorization Act Amended (SB 311) This act amends the Interlocal Cooperation Act to authorize public agencies to create consolidated water works. Any two or more public agencies entering into an interlocal agreement under the Interlocal Cooperation Act for the purpose of consolidating their waterworks systems are authorized to create a public body corporate and politic as a separate legal entity for any purposes of such consolidated waterworks system. Groundwater Management and Protection Act Amended (HB 2422) This legislation amends the Arkansas Groundwater Management and Protection Act. It designates sustaining aquifers, removes limitations in sustaining aquifers, and requires measuring of certain groundwater withdrawals.

53 ARKANSAS Ouachita River Commission (SB 88 and HB 1493) This act adds the part of Ouachita River in Hot Spring County as one of the areas for the study, planning, and / or implementation of needed improvements or projects by the Ouachita River Commission. The Commission will also include a resident and elector of Hot Spring County as a member. Public Water Authorities (HB 1247) This measure authorizes the creation of public water authorities and provides for their management, powers and procedures. Water Conservation Projects (HB 1714) This legislation broadens the water conservation projects for which a tax credit may be taken to include commercial purposes. Current law includes only agricultural irrigation and industrial processing purposes. Water Resources Cost Share Finance Act Amended (SB 798) This act amends the Arkansas Water Resources Cost Share Finance Act to allow funding of certain non-federal projects. It increases the state’s maximum participation under the Act. Water Well Construction Act Amended (HB 2296) This measure amends various sections of the Arkansas Water Well Construction Act, including adding definitions for "abandoned water well" and "well construction."

54 Florida Introduction During the 2001 session, the Florida Legislature passed 39 bills pertaining to energy and environmental matters. Six such bills related to the state’s energy matters. Florida’s energy legislation is classified in the Energy Efficiency and Utilities categories. With regard to Energy Efficiency, Senate Bill 1012 established the Guaranteed Energy Performance Savings Contracting Act. Among other provisions, this legislation expands the types of energy conservation measures that agencies can purchase through guaranteed energy performance savings contracting. Lawmakers also enacted five measures concerning Utilities. Senate Bill 224, for example, expanded provisions regarding medically essential electric service, modified service termination policies, and required utility companies to establish various programs to assist customers requiring medically essential electric service. In addition, Senate Bill 408 provided immunity to an electric utility for the good-faith compliance with a law enforcement or judicial order to interrupt electric service for the purpose of aiding law enforcement personnel in the performance of their duties. With regard to the Key West Utility Board, House Bill 763, among other things, contained a retail restructuring, reciprocity provision. The provision permits the Board to operate its public utilities extra-territorially beyond Monroe County, should legislation pass that provides for deregulation. House Bill 385 provides exemptions to the Open Government Sunset Review Act of 1995 under certain circumstances. Furthermore, House Bill 919 codified all prior special acts relating to the Escambia County Utilities Authority into a single act. The Florida Legislature passed 33 measures relating to environmental matters. Over half of the environmental legislation pertained to water-related issues. With regard to Coastal Zone Management, for example, House Resolution 9101 opposed any move to allow exploration or drilling for oil or natural gas within the Eastern Planning Area of the Gulf of Mexico. In addition, Senate Bills 604 and 608 recreate the Marine Resources Conservation Trust Fund and the Save the Manatee Trust Fund, respectively, effective November 4, 2004. Senate Bill 1524, under Water Quality & Conservation, created the Comprehensive Everglades Restoration Plan Regulation Act. This legislation provides an expedited permitting program for project components of the Comprehensive Everglades Restoration Plan. Also in this category, House Bill 1125 provides effluent water quality limitations for water disposal systems serving as backups to reuse systems in Monroe County. Furthermore, Senate Bill 536 revised the provisions regarding the discharge of demineralization concentrate. Relative to Environmental Health Services, House Bill 901 extends the date of operation for the City of Jacksonville Environmental Protection Board, which is to expire on October 1, 2001. Other legislative measures recreate the following funds, effective November 4, 2004: the Lifetime Fish and Wildlife Trust Fund, the Nongame Wildlife Trust Fund, the Florida Panther Research and Management Trust Fund, and the State Game Trust Fund. Similarly, in the category of Environmental Land Management, various legislative measures recreated the following funds within the Fish and Wildlife Conservation Commission: the Conservation and Recreation Lands Program Trust Fund, the Florida Forever Program Trust Fund, the Florida Preservation 2000 Trust Fund, and the Land Acquisition Trust Fund. Also, Senate Bill 1376, relative to Reclamation, made provisions for the use of a trust fund. This legislation authorizes the Department of Environmental Protection to abate imminent hazards from phosphogypsum stack systems through the use of funds from the Nonmandatory Land Reclamation Trust Fund.

55 FLORIDA 56 Florida Legislation Category Comparison

Energy Legislation

5 AED Alternative Energy Developments C&M Coal & Minerals EE Energy Efficiency NG/P Natural Gas/Petroleum 4 R/C Reorganization/Coordination ST Severance Taxes U Utilities

2 Number of Bills Enacted Number of Bills Enacted

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

11 AQ Air Quality CZM Coastal Zone Management 10 EA Environmental Audits EHS Environmental Health Services 9 ELM Environmental Land Management HW&SM Hazardous Waste & Substance 8 Management LLRW Low-Level Radioactive Waste 7 PC Pollution Control R Reclamation 6 R/C Reorganization/Coordination SW Solid Waste 5 WSD/S Water & Sewer Districts/Systems WQ&C Water Quality & Conservation 4

Number of Bills Enacted Number of Bills Enacted 3

0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

57 FLORIDA 58 Florida Energy Legislation

Energy Efficiency Guaranteed Energy Performance Savings Contracting Act (SB 1012) This act establishes the Guaranteed Energy Performance Savings Contracting Act. It provides legislative intent stating that investment in energy conservation measures can reduce the amount of energy consumed and produce immediate and long-term savings. It amends current law with the following provisions:

l expands the types of energy conservation measures that agencies may purchase through guaranteed energy performance savings contracting;

l redefines “energy cost savings” as meaning a reduction in the cost of fuel, energy, and operation and maintenance that is created by the use of an energy conservation measure;

l permits agencies to utilize third party financing to pay for energy conservation projects;

l increases the time frame for agencies to pay for an energy conservation measure from 10 to 20 years;

l provides that an agency is not required to pay for the preparation of an energy cost savings report, unless the energy conservation measure is installed;

l requires a contractor to provide an annual reconciliation of the guaranteed energy cost savings to the agency, and if a shortfall occurs, the contractor is liable; and

l requires agencies to submit guaranteed energy performance savings contracts to the Comp- troller for approval.

Utilities Escambia County Utilities Authority (HB 919) This act codifies all prior special acts relating to the Escambia County Utilities Authority (ECUA) into a single act. ECUA was created to have plenary authority with respect to water, sewer, natural gas, and other utilities as may be designed within, and adjacent to, the territorial limits of Escambia County. Interruption of Electric Utilities (SB 408) This legislation gives immunity to an electric utility for the good-faith compliance with a law enforcement or judicial order to interrupt electric service for the purpose of aiding law enforcement personnel in the performance of their duties, so long as the utility and its personnel exercise reasonable care in their actions. Key West Utility Board (HB 763) This measure amends the Utility Board of the City of Key West, Florida, Act by implementing the following changes:

59 FLORIDA l authorizes the Board to sell tangible personal property related to utility services, at retail or wholesale;

l removes salary caps of board members; and

l contains a retail restructuring, reciprocity provision, which permits the Board to operate its public utilities extra-territorially beyond Monroe County, should legislation pass that provides for deregulation. In addition, this measure provides for the sale of bonds at competitive or negotiated sale, rather than public sale, increases from age 60 to 62 the age limit for discounted utilities, and authorizes the Board to issue commercial paper notes and variable rate bonds, to enter into interest rate swap transactions, and to make emergency purchases. Medically Essential Electric Service (SB 224) This legislation expands provisions regarding medically essential electric service, modifies service termination policies, and requires utility companies to establish various programs to assist customers requiring medically essential electric service. Public Records Exemption (HB 385) The Open Government Sunset Review Act of 1995 provides that an exemption from the requirements of the public records or public meetings laws may be created or maintained only if it serves an identifiable public purpose and may be no broader than is necessary to meet the public purpose it serves. This act reenacts this exemption verbatim. The purpose of this exemption is to allow municipal utilities to compete fairly with private competitors in responding to invitations to bid and similar solicitations for services, commodities or tangible property. If this information was repealed, then information would be released that would give the private sector utilities an unfair advantage over public utilities in the bidding process.

60 Florida Environmental Legislation

Coastal Zone Management Gulf of Mexico Coastline (HR 9101) This resolution urges the continued protection of Florida’s Gulf of Mexico coastline. It opposes any move to allow exploration or drilling for oil or natural gas within the Eastern Planning Area of the Gulf of Mexico. Marine Resources Conservation Trust Fund (SB 604) This act recreates the Marine Resources Conservation Trust Fund within the Fish and Wildlife Conservation Commission, effective November 4, 2004. This Fund provides receipt of funding for various marine-related activities, including marine education, information, law enforcement, research, and fisheries enhancement. Oceans Week and Oceans Day (HR 9043/SR 2200) These resolutions recognize April 2-8, 2001 as “Oceans Week” and April 4, 2001, as “Oceans Day.” This is in recognition of the importance of Florida’s ocean resources, and to promote public awareness of this importance. Save the Manatee Trust Fund (SB 608) This measure recreates the Save the Manatee Trust Fund within the Fish and Wildlife Conservation Commission, effective November 4, 2004. This Fund provides for receipt of funding for manatee and marine mammal research, protection, recovery, rescue, rehabilitation, and release. Watercraft Speeds (HB 1899) This legislation provides the prohibition of watercraft within 500 feet of the shoreline of Lake Weir and within 500 feet of the shore of Bird Island from proceeding at greater than no-wake speeds. In addition, this measure provides this area is a preserve. A violation of this act will constitute a non- criminal violation. The Sheriff of Marion County is responsible for enforcing this act.

Environmental Health Services Florida Keys (SR 2396) This resolution encourages the Federal Emergency Management Agency to adopt a policy towards the Florida Keys that is consistent with State law and its own policy. Jacksonville Environmental Protection Board (HB 901) This act extends the date of operation for the City of Jacksonville Environmental Protection Board (EPB), which is currently set to expire on October 1, 2001. This measure authorizes a cited party to opt to proceed administratively, rather than through a hearing by the EPB. In addition, the EPB is authorized to reject an administrative judge’s decision, under limited circumstances. The mission of the EPB is to enhance the quality of life for Jacksonville’s citizens through the protection of the natural environment.

61 FLORIDA Lifetime Fish and Wildlife Trust Fund (SB 602) This measure recreates the Lifetime Fish and Wildlife Trust Fund within the Fish and Wildlife Conservation Commission, effective November 4, 2004. This Fund provides for receipt of funding for fish and wildlife conservation programs throughout the State. Nongame Wildlife Trust Fund (SB 606) This legislation recreates the Nongame Wildlife Trust Fund within the Fish and Wildlife Conservation Commission, effective November 4, 2004. This Fund provides receipt of funding for the:

l documentation of popular trends of nongame wildlife and the assessment of wildlife habitats;

l establishment of conservation, management, and regulatory programs for nongame wildlife; and

l development of public education programs. Panther Research and Management Trust Fund (SB 592) This act recreates the Florida Panther Research and Management Trust Fund within the Fish and Wildlife Conservation Commission, effective November 4, 2004. This Fund provides for the funding of the Commission’s panther protection efforts. Such efforts include management of the population and its habitat, research, education and enforcement efforts. State Game Trust Fund (SB 610) This measure recreates the State Game Trust Fund within the Fish and Wildlife Conservation Commission, effective November 4, 2004. This Fund provides for receipt of funding for the general operation of the Fish and Wildlife Conservation Commission.

Environmental Land Management Conservation and Recreation Lands Program Trust Fund (SB 616) This act recreates the Conservation and Recreation Lands Program Trust Fund within the Fish and Wildlife Conservation Commission, effective July 1, 2004. This Fund provides receipt of funding for the management of conservation and recreational lands by the Fish and Wildlife Conservation Commission. Dagney Johnson Key Largo Hammock Botanical State Park (SB 946) This measure renames the Key Largo Hammock State Botanical Site, located in Key Largo, Monroe County, to the Dagney Johnson Key Largo Hammock Botanical State Park. Dog Island Conservation District (HB 847) This legislation codifies all prior special acts relating to the Dog Island Conservation District in Franklin County into a single act and repeals all prior special acts relating to the District’s charter. The District was created in 1975 to promote the health safety, and general welfare of the area and its inhabitants, visitors, and property owners, to establish, maintain, and preserve aesthetic values and preserve and foster the development and display of attractiveness, and to prevent congestion and the destruction of natural beauty. Florida Forever Program Trust Fund (SB 598) This act recreates the Florida Forever Program Trust Fund within the Fish and Wildlife Conservation Commission, effective July 1, 2004. This Fund allows for the receipt of funds for the acquisition of inholdings and additions to lands managed by the Commission for the conservation of fish and wildlife and outdoor recreation.

62 Florida Preservation 2000 Trust Fund (SB 594/SB 596) This measure recreates the Florida Preservation 2000 Trust Fund within the Fish and Wildlife Conservation Commission. This Fund allows for the receipt of the Commission’s share of the Preservation 2000 bond proceeds for the purchase of conservation and recreation lands. Holiday Park Park & Recreation District (HB 1855) This legislation codifies all prior special acts relating to the Holiday Park Park & Recreation District in Sarasota County into a single act and repeals all prior special acts relating to the District’s charter. The District was originally created in 1981 to provide a park and recreation district. Land Acquisition Trust Fund (SB 600) This act recreates the Land Acquisition Trust Fund within the Fish and Wildlife Conservation Commission, effective November 4, 2004. This Fund provides for receipt of funding for the purchase of lands for public hunting, fishing, and other outdoor recreation. It also provides for receipt of funding for the lease, management, and protection of these lands. Tri-Par Estates Park District (HB 1857) This legislation codifies all prior special acts relating to the Tri-Par Estates Park District in Sarasota County into a single act and repeals all prior special acts relating to the Districts charter. The District was originally created in 1978 to provide a park and recreation district.

Reclamation Phosphogypsum Stack Management (SB 1376) This act authorizes the Department of Environmental Protection to abate imminent hazards from phosphogypsum stack systems through the use of funds from the Nonmandatory Land Reclamation Trust Fund. This measure provides registration fees and financial responsibility requirements. It also provides for a right of action and lien to seek reimbursement of expanded funds and provides for the closure of abandoned stack systems. In addition, it repeals provisions exempting certain small mines from review as developments of regional impact.

Solid Waste Palm Beach County Solid Waste Authority (HB 945) This measure codifies all prior special acts relating to the Solid Waste Authority of Palm Beach County, into a single act. The District provides a coordinated resource recovery and waste management program to the residents of Palm Beach County.

Water & Sewer Districts/Systems Water and Wastewater Systems (HB 41) This legislation reenacts an existing statutory provision, which expands the Public Counsel’s duties to include legal representation of citizens in water and wastewater issues before county government. This measure removes the requirement that certain provisions of the Florida Administrative Procedures Act must apply to proceedings regarding water and wastewater conducted by counties that regulate privately owned utilities.

63 FLORIDA Water Quality & Conservation Comprehensive Everglades Restoration Plan Regulation Act (SB 1524) This measure creates the Comprehensive Everglades Restoration Plan Regulation Act. It provides an expedited permitting program for project components of the Comprehensive Everglades Restoration Plan. This act authorizes the use of state funds for land purchases contained in the Florida Forever Water Management District Work Plan and revises the due date for the annual comprehensive plan report. It also provides standards for permitting of construction, operation, and maintenance of facilities in the South Florida ecosystem. Demineralization Concentrate (SB 536) This legislation revises the provisions regarding the discharge of demineralization concentrate. It redefines “demineralization concentrate” as the concentrated byproduct water, brine, or reject water produced by ion exchange or membrane separation technologies such as reverse osmosis, membrane softening, ultra-filtration, membrane filtration, electrodialysis, and electrodialysis reversal used for desalination, softening, or reducing total dissolved solids during water treatment for public water supply purposes. The Department of Environmental Protection (DEP) may adopt rules to address facilities that discharge demineralization concentrate. A technical advisory committee will assist the DEP in the development of the rules. This measure also provides for certain permitting requirements and an exemption to allow demineralization concentrate mixing zones in Outstanding Florida Waters if certain conditions are met. Gladeview Water Control District (HB 859) This act codifies all prior special acts relating to the Gladeview Water Control District in Palm Beach County into a single act. Highland Glades Water Control District (HB 857) This measure codifies all prior special acts relating to the Highland Glades Water Control District in Palm Beach County into a single act. The District contains approximately 24,320 acres of agricultural land used to grow sugar cane. Pine Tree Water Control District (HB 905) This legislation codifies all prior special acts relating to the Pine Tree Water Control District into a single act. The District was originally established as the Broward County Board of Water Resources in 1961 as a drainage and water control district. Pinellas Park Water Management District (HB 927) This act codifies all prior special acts relating to the Pinellas Park Water Management District or Authority in Pinellas County into one special act. The District was originally created in 1975 to provide storm drainage systems in central Pinellas County. Public Records Exemption (HB 721) This measure provides an exemption from public records laws for agricultural businesses providing certain records to the Department of Agriculture and Consumer Services in connection with compliance with best management practices relating to the control of agricultural pollutants to state waters. This act also guarantees confidentiality in the event the Department of Environmental Protection or a water management district requests these records. This exemption will be repealed on October 2, 2006, under the Open Government Sunset Review Act of 1995, unless the Legislature reenacts the exemption. A statement of public necessity is included in this legislation.

64 South Indian River Water Control District (HB 879) This legislation codifies all prior special acts relating to the South Indian River Water Control District in Palm Beach County into a single act and then repeals the prior special acts. This measure also makes other changes that do not appear to alter the effect of existing law pertaining to the District. The District was originally created as the South Indian River Drainage District on July 3, 1923. Wastewater Residual Reduction Act (SB 1662) This measure allows private and government owned wastewater utilities in certain counties, which dispose of wastewater residual sludge from utility operations and septic removal by land spreading in the Lake Okeechobee watershed, to impose an additional environmental disposal fee above the present sewer rate to cover the costs of disposal for wastewater residuals. Water Quality Standards (HB 1125) This act provides effluent water quality limitations for water disposal systems serving as backups to reuse systems in Monroe County and allows water treatment requirements to be based on the actual amount of effluent discharged to the backup system rather than the capacity of the treatment plan. West Lauderdale Water Control District (HB 845) This measure repeals a provision of the City of Weston Charter. It dissolves the West Lauderdale Water Control District and transfers the District’s assets, liabilities, and functions to the Bonaventure Development District, which is an existing dependent special district of the City of Weston.

65 FLORIDA 66 Georgia Introduction During the 2001 legislative session, the Georgia General Assembly passed 27 measures relating to energy and environmental matters. Three of these bills focused on energy issues. With regard to Natural Gas/Petroleum, House Bill 665/Senate Bill 217 amended the Natural Gas Competition and Deregulation Act. It allows consumers to switch natural gas providers once a year at no charge. The legislation also addressed deposits, billing, and advertised prices. In the category of Utilities, Senate Bill 93 amended the Georgia Cogeneration Act of 1979 to allow for bi-directional metering, which entails measuring the amount of electricity supplied by an electric service provider and the amount fed back to the electric service provider by the customer’s distributed generation facility using the same meter. Also, Senate Resolution 35 authorizes the granting of nonexclusive easements for the installation, operation, and maintenance of utilities, ingress and egress, drainage, and dredging, as well as monitoring wells on property owned by the State in 17 counties. Lawmakers enacted 24 bills relating to environmental issues. About half of the energy legislation focused on Water Quality & Conservation and Water & Sewer District/Systems. Senate Resolution 142, for example, created the Joint Comprehensive Water Plan Study Committee. Among other things, this Committee will study the water resource issues facing Georgia and recommend a process and schedule to prepare the details of a comprehensive water plan. Senate Bill 130 created the Metropolitan North Georgia Water Planning District to develop regional and watershed-specific plans for storm-water management, waste-water treatment, water supply, water conservation, and the general protection of water quality. Additionally, House Resolution 17 ratified the rules of the Board of Natural Resources for administration and implementation of the Flint River Drought Protection Act. Senate Bill 139 provides that a person is prohibited from drilling a wells or wells on property they owned or are developing for resale unless such person has a license as a water well contractor. Another measure, House Bill 71, authorized loans from certain funds granted to the State by the administrator of the U.S. Environmental Protection Agency for purposes of financing water pollution control projects. Furthermore, House Bill 375 created the Georgia Environmental Training and Education Authority to enhance and expand the State’s ability to provide basic and advanced training and education for the treatment and testing of drinking water and waste water, among other things. Several measures addressed local water authorities. House Bill 206 provides that local water authorities have the authority to establish a program pursuant to which customers may make voluntary contributions to conservation and environmental projects. Also, House Bill 398 created the Sinclair Water Authority to provide water projects in Baldwin and Putnam counties. Similarly, House Bill 830 created the City of Dahlonega Water and Sewerage Authority and House Bill 756 created the Coweta County Water and Sewerage Authority. Other legislation amended laws relating to existing authorities, such as the Cherokee County Water and Sewerage Authority Act Amended (House Bill 322) and the Carroll County Water Authority Act Amended (Senate Bill 308). Other legislative initiatives were enacted relating to various other issues. In the category of Air Quality, for example, House Bill 261 provides an income tax credit of $5,000 for the purchase or lease of zero-emission vehicles. With regard to Hazardous Waste & Substance Management, House Resolution 174 created the Joint Hazardous Sites Response Act Reauthorization Study Committee to study the conditions, needs, issues, and problems regarding the funding shortfall for the Hazardous

67 GEORGIA Waste Trust Fund. In addition, House Bill 293, in the category of Pollution Control, raises the ceiling on annual registration fees for pesticides from $10 to $100. Furthermore, House Bill 115, relative to Environmental Land Management, authorizes municipalities to transfer properties to bona fide non profit resource conservation and development councils. Also, Senate Bill 97 authorizes the Department of Transportation to sell wildlife motor vehicle license plates in order to fund the Enhancement of Beautification Fund to promote conservation of wildflowers.

68 Georgia Legislation Category Comparison

Energy Legislation

2 AED Alternative Energy Developments C&M Coal & Minerals EE Energy Efficiency NG/P Natural Gas/Petroleum R/C Reorganization/Coordination ST Severance Taxes U Utilities

1 Number of Bills Enacted Number of Bills Enacted

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

7 AQ Air Quality CZM Coastal Zone Management EA Environmental Audits 6 EHS Environmental Health Services ELM Environmental Land Management HW&SM Hazardous Waste & Substance 5 Management LLRW Low-Level Radioactive Waste PC Pollution Control 4 R Reclamation R/C Reorganization/Coordination SW Solid Waste WSD/S Water & Sewer Districts/Systems 3 WQ&C Water Quality & Conservation

Number of Bills Enacted Number of Bills Enacted 2

0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

69 GEORGIA 70 Georgia Energy Legislation

Natural Gas/Petroleum Natural Gas Competition and Deregulation Act Amended (HB 665/SB 217) This act amends the Natural Gas Competition and Deregulation Act. It allows consumers to switch providers once a year at no charge. It will limit required deposits to 100 percent of the average monthly bill. The deposits must be returned once the consumer has made six timely payments and the bill must be issued no more than 30 days after a customer’s meter is read. The marketer’s price per therm must also appear on monthly bills and the Public Service Commission will be required to advertise prices quarterly.

Utilities Cogeneration and Distributed Generation Act of 2001 (SB 93) This act amends the Georgia Cogeneration Act of 1979, renaming it the Georgia Cogeneration and Distributed Generation Act of 2001. It provides for bi-directional metering, which entails measuring the amount of electricity supplied by an electric service provider and the amount fed back to the electric service provider by the customer’s distributed generation facility using the same meter. Any person may operate a cogeneration facility and sell any excess electric energy to an electric supplier without being subject to regulation by the Public Service Commission (PSC). Electric service providers are required to make bi-directional metering or single directional metering available to customer generators, and contract with the generators to change the rate established by the PSC for metering services. Electric service providers are only required to purchase energy on first-come, first- serve basis until the cumulative generation capacity of all renewable energy sources equals to .2 percent of the utility’s annual peak demand in the previous year. Once the capacity is met, an electric service provider may purchase energy from a customer generator at a cost of energy as defined for a utility by the PSC. Granting Utility Easements (SR 35) This resolution authorizes the granting of nonexclusive easements for the installation, operation, and maintenance of utilities, ingress and egress, drainage, and dredging, as well as monitoring wells on property owned by the State in 17 counties.

71 GEORGIA 72 Georgia Environmental Legislation

Air Quality Low-Emission Vehicles Tax Credit (HB 261) This legislation provides for an income tax credit of $5,000 for the purchase or lease of zero-emission vehicles. Ridesharing Programs Exempt (HB 393) This measure provides that public disclosure will not be required for certain records relating to carpooling.

Coastal Zone Management Catch Limits (HB 173) This act increases the minimum size allowable for possession of tarpon from 20-40 inches to 65-90 inches. It also prohibits the taking of Atlantic billfish. Clams (SB 38) This measure makes it unlawful to take or possess clams when the maximum depth of the shell measures less than three-fourths’ inch thickness. Current law makes it unlawful to take or possess clams when the maximum depth of the shell measures less than one-inch thickness. Horseshoe Crabs (HB 172) This legislation amends the Game and Fish Code with the following provisions:

l define “seafood” to include horseshoe crabs taken for bait;

l provide for the opening and closing of the waters of the State to the taking of horseshoe crabs for bait;

l limit the taking of horseshoe crabs for bait to persons who possess a valid personal commercial fishing license;

l prohibit the taking and possession of more than 25 horseshoe crabs;

l provide for interstate transport of horseshoe crabs; and

l provide for the taking and possession of horseshoe crabs for medical purposes pursuant to a permit issued by the Department of Natural Resources. Trawls for Shrimping (HB 636) This act makes it unlawful to trawl for shrimp for human consumption with any trawl or trawls having a total foot-rope length greater than 220 feet. Persons holding a valid scientific collection permit may be exempt. In addition, a vessel operator who violates the provisions of this act will be guilty of a misdemeanor and, upon conviction, will be fined not less than $500 nor more than $2,500, or imprisoned for not longer than 30 days, or both. Any trawl on board the vessel will be contraband and may be seized.

73 GEORGIA Environmental Health Services Right to Hunt and Fish (HB 301) This measure establishes hunting and fishing as a right, not a privilege.

Environmental Land Management Resource Conservation and Development Councils (HB 115) This measure authorizes municipalities to transfer property to bona fide nonprofit resource conservation and development councils. Wildflower License Plates (SB 97) This act authorizes the Department of Transportation to sell wildflower motor vehicle license plates in order to fund the Enhancement and Beautification Fund to promote conservation of wildflowers.

Hazardous Waste & Substance Management Joint Hazardous Sites Response Act Reauthorization Study Committee (HR 174) This resolution creates the Joint Hazardous Sites Response Act Reauthorization Study Committee. The Committee will undertake a study of the conditions, needs, issues, and problems regarding the funding shortfall for the Hazardous Waste Trust Fund or related thereto. This will include a review of experience with the Hazardous Sites Response Act to date to determine what improvements might allow for more cost effective results, and recommend any actions or legislation that the Committee deems necessary or appropriate.

Pollution Control Pesticide Registration Fee (HB 293) This act provides that the annual registration fee for a pesticide will be established by the Commissioner of Agriculture in an amount not to exceed $100. Current law provides an annual registration fee of $10.

Reorganization/Coordination Keep Pike Beautiful Authority (HB 811) This measure changes the name of the Pike Clean and Beautiful Authority to the Keep Pike Beautiful Authority. The Board Commissioners of Pike County will now appoint members.

Water & Sewer Districts/Systems Carroll County Water Authority Act Amended (SB 308) This act amends the Carroll County Water Authority Act with the following provisions:

l change the composition, qualifications, and terms of office of members of the Authority;

l provide for nonvoting membership and abolition thereof; and

l provide for quorum, vacancies, compensation, and reports and audits.

74 Cherokee County Water and Sewerage Authority Act Amended (HB 322) This act amends the Cherokee County Water and Sewerage Authority Act. It authorizes the Authority to impose fines not to exceed $1,000 per day for any violation of the Industrial Pre- Treatment Protocols of the U.S. Environmental Protection Agency adopted by the Authority and suspend any and all water and sewerage services until all said fines are paid in full. City of Dahlonega Water and Sewerage Authority Act (HB 830) This measure creates the City of Dahlonega Water and Sewerage Authority. The general purpose of the Authority is to acquire an adequate source or sources of water supply, treatment of such water, and thereafter the maintenance and distribution of the same to the various entities and citizens in the City of Dahlonega, and environs, including other authorities located therein. Furthermore, the Authority will gather and treat sewerage and waste, both individual and industrial. The Authority may sell and deliver water directly to consumers in those areas where there does not exist water distribution systems or furnish sewer facilities to such customers, and areas where no municipality deems it desirable or feasible to furnish water in such locality. The Authority may also sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, provided the laws of the adjoining states do not prohibit or tax said activity. Coweta County Water and Sewerage Authority Act (HB 756) This legislation creates the Coweta County Water and Sewerage Authority. The general purpose of the Authority is to acquire an adequate source or sources of water supply, treatment of such water, and thereafter the maintenance and distribution of the same to the various municipalities and citizens in Coweta County, and environs, including other counties, municipalities, and authorities located therein. Furthermore the Authority will gather and treat sewerage and waste, both individual and industrial. The Authority may sell and deliver water directly to consumers in those areas where there do not now exist water distribution systems or furnish sewer facilities to such customers, and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. The Authority may also sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, provided the laws of the adjoining states do not prohibit or tax said activity. Sinclair Water Authority (HB 398) This measure creates the Sinclair Water Authority to provide for water projects in Baldwin and Putnam counties. The general purpose of the Authority will be to acquire and develop adequate sources of water supply, including but limited to the construction of reservoirs and the treatment of such water, and thereafter the transmission of such water to the governing authorities of Baldwin and Putnam counties. Water conservation will be encouraged by the Authority, the member counties, and all water users within the area. A further objective of the Authority is to fulfill its purposes and perform its projects in an environmentally sensitive manner and to strictly limit interbasin transfers of water.

Water Quality & Conservation Environmental Training and Education Authority (HB 375) This measure creates the Georgia Environmental Training and Education Authority. The purpose of the Authority will be to enhance and expand the State’s ability to provide basic and advanced training and education and, where applicable, to certify persons in the following areas without replacing any existing mechanisms for accomplishing this training:

75 GEORGIA l proficiency in the treatment and testing of drinking water;

l proficiency in the treatment and testing of waste water;

l proficiency as a laboratory analyst for purposes of the treatment of drinking water and waste water;

l proficiency in meeting Georgia’s National Pollutant Discharge Elimination System permit requirement;

l proficiency in designing, implementing and inspecting for best management practices to meet Georgia’s requirements under the Erosion and Sedimentation Act of 1975; and

l proficiency in technology necessary to assist public and private entities in complying with certain provisions of the Georgia Water Quality Control Act and the Georgia Safe Drinking Water Act. Flint River Drought Protection Rules (HR 17) This resolution ratifies the rules of the Board of Natural Resources for administration and implementation of the Flint River Drought Protection Act. Loans from EPA Funds (HB 71) This legislation authorizes loans from certain funds granted to the State by the administrator of the U.S. Environmental Protection Agency for purposes of financing water pollution control projects. Metropolitan North Georgia Water Planning District (SB 130) This act creates the Metropolitan North Georgia Water Planning District. The District is created for the following general purposes:

l establish policy, create plans, and promote intergovernmental coordination for all water issues in the District;

l facilitate multijurisdictional water related projects; and

l enhance access to funding for water related projects among the local governments in the District area. The primary purpose of the District is to develop regional and watershed-specific plans for stormwater management, waste-water treatment, water supply, water conservation, and the general protection of water quality. Local governments in the District will implement the plans. Voluntary Contribution Program (HB 206) This legislation provides that local water authorities will have the authority to establish a program pursuant to which customers may make voluntary contributions to conservation and environmental projects. Such authorities may establish and operate such projects. In addition, this act contains the following provisions:

l provides for rules and regulations relating to the acceptance of water samples taken by certain persons;

l provides for an accounting of waters transferred from one water basin to another; and

l provides an exemption from the Erosion and Sedimentation Act of 1975.

76 Water Plan Study Committee (SR 142) This resolution creates the Joint Comprehensive Water Plan Study Committee. The Study Committee will perform the following tasks:

l undertake a study of the water resource issues, including water quality and quantity, facing Georgia;

l consider the existing policy, laws, rules, and programs to manage water resources;

l recommend a process and schedule to prepare the details of a comprehensive water plan;

l develop the principle for a comprehensive water plan; and

l recommend any other action or legislation the Study Committee deems appropriate. This resolution also creates a Water Plan Advisory Committee. The Advisory Committee will assist the Study Committee, as requested, in gathering information, preparing briefing documents, preparing recommendations, and evaluating proposed recommendations. Water Well Standards Act of 1985 Amended (SB 139) This act amends the Water Well Standards Act of 1985 so as to change the provisions relating to meetings of the State Water Well Standards Advisory Council. It also provides that a person is prohibited from drilling a well or wells on property they own and are developing for resale unless such person has a license as a water well contractor. In addition, a person licensed as a water well contractor is not required to be licensed when in the course of constructing a water well, they make certain electrical or plumbing connections or perform other electrical or plumbing work incidental to the drilling and construction of the well.

77 GEORGIA 78 Kentucky Introduction The Kentucky General Assembly passed 13 bills pertaining to energy and environmental matters during the 2001 legislative session. Seven of these measures focused specifically on energy issues. In the category of Coal & Minerals, for example, House Bill 258 established the Mine Safety Review Commission as an independent governmental entity attached to the Public Protection and Regulation Cabinet for administrative purposes. The legislation also reorganized the Mining Board. Similarly, House Bill 91 reorganized the Economic Development Cabinet. House Bill 325 extended the definition of “eligible companies” to certain coal mining and processing businesses for the purpose of economic revitalization projects. With regard to Natural Gas/Petroleum issues, House Bill 105 provided for the suspension of a person’s ability to operate a motor vehicle upon conviction of gasoline theft. Concerning Energy Efficiency, House Bill 305 amended the definition of demand-side management to include home energy assistance programs. It also allows home energy assistance programs to be a part of a demand-side management program and requires the Public Service Commission (PSC) to utilize only certain criteria for evaluating the programs. Relative to Utilities, House Bill 342 extended the application deadline for approval from the PSC from 60 to 120 days for any entity seeking to acquire control of any utility furnishing utility service in the state. In addition, Senate Bill 69 amended current law to increase the purchasing authority of superintendents of public utilities from $5,000 to $20,000. Lawmakers also passed six measures relating to various environmental issues. In the category of Hazardous Waste & Substance Management, Senate Bill 2 established a process for the voluntary cleanup and redevelopment of properties suspected of environmental contamination as a result of the release of hazardous substances or petroleum. In addition, the legislation established the Voluntary Environmental Remediation Program to be administered by the Natural Resources and Environmental Protection Cabinet. Relative to Water & Sewer Districts/Systems, House Bill 103 allows private engineers to perform site evaluations and systems designs for on-site sewage disposal systems. The local health department can perform the final systems installation inspection. Legislation in the category of Environmental Audits revised aspects of current law relating to privilege of environmental audit in any legal action. Furthermore, in the category of Environmental Land Management, Senate Concurrent Resolution 1 establishes the Blackacre State Nature Preserve Task Force to develop a strategy to protect the preserve from the effects of development in the surrounding area.

79 KENTUCKY 80 Kentucky Legislation Category Comparison

Energy Legislation

3 AED Alternative Energy Developments C&M Coal & Minerals EE Energy Efficiency NG/P Natural Gas/Petroleum R/C Reorganization/Coordination ST Severance Taxes U Utilities 2

1 Number of Bills Enacted Number of Bills Enacted

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

3 AQ Air Quality CZM Coastal Zone Management EA Environmental Audits EHS Environmental Health Services ELM Environmental Land Management HW&SM Hazardous Waste & Substance Management 2 LLRW Low-Level Radioactive Waste PC Pollution Control R Reclamation R/C Reorganization/Coordination SW Solid Waste WSD/S Water & Sewer Districts/Systems WQ&C Water Quality & Conservation

1 Number of Bills Enacted Number of Bills Enacted

0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

81 KENTUCKY 82 Kentucky Energy Legislation

Coal & Minerals Economic Development Cabinet Changes (HB 91) This act reorganizes the Economic Development Cabinet in the following manner:

l changes the Office of Coal County Development in the Economic Development Cabinet to the Department for Coal County Development;

l transfers responsibilities for the Local Government Economic Development Program from the Secretary of the Cabinet for Economic Development to the Commissioner of the De- partment for Coal County Development;

l transfers authority for administrative regulations from the Economic Development Cabinet to the Department for Coal County Development;

l requires reports concerning the Local Government Economic Development Program to be transmitted to the Department for Coal County Development; and

l confirms Economic Development Partnership Reorganization Resolution No. 00-1. Eligible Companies (HB 325) Pursuant to state law, the Kentucky Economic Development Finance Authority has the authority to approve economic revitalization projects for eligible companies. The purpose of these projects is to improve the economic situation of the approved company to allow the approved company to remain in operation and retain or create jobs. This legislation extends the definition of an “eligible company” to coal mining and processing businesses that meet certain criteria. These companies must employ at least 500 people and produce at least four million tons of coal within the state. This act also allows eligible companies to request an emergency declaration based upon the urgency of the request that requires agencies’ approval and exempts the company from a consulting firm review of the risk of closure as is currently required. Mine Safety Review Commission (HB 258) This legislation establishes the Mine Safety Review Commission as an independent governmental entity attached to the Public Protection and Regulation Cabinet for administrative purposes. The Commission will perform the following tasks:

l conduct hearings and issue orders regarding a licensee, coal operation, or other person involved in the mining of coal;

l coordinate with the Department of Mines and Minerals a procedure for referral of allegations of mine safety violations for adjudication; and

l make any recommendations to the Department that it believes appropriate. This measure also reorganizes the Mining Board.

83 KENTUCKY Energy Efficiency Demand-Side Management Programs (HB 305) This act amends the definition for demand-side management to include home energy assistance programs. It also allows home energy assistance programs to be a part of a demand-side management program and requires the Public Service Commission to utilize only certain criteria for evaluating the programs.

Natural Gas/Petroleum Gasoline Theft (HB 105) This measure provides for a suspension of a person’s ability to operate a motor vehicle upon conviction of theft by unlawful taking involving the theft of gasoline from a retail establishment.

Utilities Application Deadline Extended (HB 342) Currently, Kentucky law provides that any entity seeking to acquire control of any utility furnishing utility service in the state must first obtain approval from the Public Service Commission. This legislation provides for an extension of the approval application deadline from 60 days to 120 days. Purchasing Authority (SB 69) This act amends current law to increase the purchasing authority of superintendents of public utilities from $5,000 to $20,000.

84 Kentucky Environmental Legislation

Environmental Audits Criminal Proceedings (HB 143) This measure deletes a provision relating to privilege of environmental audit in any legal action and in criminal proceedings and provisions relating to procedures for, and exceptions to, conditions relating to asserting privilege in criminal proceedings. It also provides that privilege will not extend to material made available to a regulatory agency or any other person pursuant to law or in any criminal proceeding. Privilege also will not extend to documents required to be made available to the public rather than to any other person. This act also deletes exemption of audit report disclosure in criminal proceedings. The Natural Resources and Environmental Protection Cabinet will not seek a civil penalty if a violation is not one that results in significant economic benefit that gives to the violator a clear advantage over its business competitors. This prohibition does not apply to voluntary disclosures prior to the effective date of the Act.

Environmental Land Management Blackacre State Nature Preserve Task Force (SCR 1) This resolution establishes the Blackacre State Nature Preserve Task Force to develop a strategy to protect the preserve from the effects of development in the surrounding area and to capitalize on the status of the preserve as the State’s first and only preserve with an historical farm. Forestry Building (HJR 71) This resolution approves and authorizes the sale, lease, or conveyance of the present forestry building and all real property, located in Bell County, through a competitive bid request and allows for the construction and operation of a new hotel at that location. This resolution also contains the following provisions:

l sets space restrictions for new forestry facility;

l approves the exchange of state forestry property as consideration for a new facility;

l provides that conveyance of the property will not be deeded to the successful bidder until the bidder successfully completes the new forestry building; and

l requires approval by the Secretary of Finance and Administration Cabinet who will submit a progress report to the Capital Projects and Bond Oversight Committee. Kentucky Forest Resource Council (SB 86) This legislation requires that all records, files, equipment and funds of the Kentucky Forest Resource Council be transferred to the Division of Forestry in the Department for Natural Resources, Natural Resources and Environmental Protection Cabinet in accordance with Executive Order 2000-1103.

85 KENTUCKY Hazardous Waste & Substance Management Voluntary Environmental Remediation Program (SB 2) This act establishes a process for the voluntary cleanup and redevelopment of properties suspected of environmental contamination as a result of the release of hazardous substances or petroleum. It establishes the Voluntary Environmental Remediation Program to be administered by the Natural Resources and Environmental Protection Cabinet.

Water & Sewer Districts/Systems On-Site Sewage Disposal Systems (HB 103) This legislation allows private engineers to perform site evaluations and systems designs for on-site sewage disposal systems. The local health department would perform the final systems installation inspection. A professional engineer may not inspect and certify a system owned by himself, an employee or partner of his engineering firm, or on property owned by the engineering firm. This act also releases local health departments from liability for site evaluation and system design failures.

86 Louisiana Introduction During the 2001 legislative session, the Louisiana Legislature approved 114 measures relating to energy and environmental matters. Twenty-six of these measures addressed energy issues. In the category of Energy Efficiency, for example, House Bill 1640 provides for the establishment of an energy management policy for agencies of the State. This act provides that one-half of any future savings from implementation of energy cost savings measures initiated by an agency may be retained by the agency for the remaining life cycle of the measure after paying for the cost of implementation. Senate Bill 525 transferred the authority to administer the federal grants for energy assistance and weatherization services for low-income persons from the Department of Social Services to the Louisiana Housing Finance Agency. With regard to Natural Gas/Petroleum, House Bill 1895 established the Regional Restoration Program in the Office of the Oil Spill Coordinator. The Program is designed to make the natural resource damage assessment process more efficient and more predictable. This legislation also established the Natural Resource Restoration Trust Fund, which will be funded by natural resource damage assessments. In relation to oilfield site-specific trust accounts, House Bill 1273 provides that the Site-Specific Trust Account must be fully funded before all prior owners, operators, and working interest owners will be released from liability. With regard to the Motor Fuels Underground Storage Tank Trust Fund, House Bill 2046 provided that, beginning July 1, 2001, interest from the Trust Fund would be deposited in the Environmental Trust Fund and would be used for closure and remediation of abandoned underground storage tanks and sites. Relative to the issue of Utilities, Senate Bill 321 authorizes any domestic or foreign corporation, created for the purpose of transmitting or distributing electricity and steam, to expropriate needed property. Another measure, House Bill 1621, requires the Louisiana Public Service Commission to adopt rules to allow certain customers to enroll in deferred billing programs during declared energy emergencies. Utilities are prohibited from discontinuing service to such customers as they are making the required payments. Also, House Bill 12X provides that the exemption from state and local sales and use tax for purchases of utilities used by certain steelworks and blast furnaces will be applicable, operable and effective for the period April 1, 2001 through June 30, 2002. Relative to underground utilities, House Bill 1611 requires excavators who damage underground utilities to notify local law enforcement departments, fire departments, and 911. The law allows for punishment of violations that do not occur in the presence of a law enforcement officer. Furthermore, House Bill 1659 provides procedures for adjudication of violations of the Louisiana Underground Utilities and Facilities Damage Prevention Law in local venues. Lawmakers approved 88 measures pertaining to environmental issues. With regard to Air Quality, for example, Senate Bill 234 added $3 to the annual $10 charge for safety inspection certificates for certain motor in parishes and municipalities placed on the nonattainment list for ozone standards. This act specifies that the additional $3 fee will not apply to trailers, semitrailers, or light trailers. Relative to Hazardous Waste & Substance Management, House Bill 1502 provides two additional routes for carriers to transport hazardous materials within the parishes of Caddo and Bossier, Louisiana Highway 3132 and Louisiana Highway 526. Concerning sulfur, House Bill 873 provides that no permit, license, registration, variance, or compliance schedule will be granted for the construction of any facility used to receive sulphur in the solid state in bulk quantities and that emits sulphur particulate matter. Additionally, House Bill 36 defines theft of anhydrous ammonia and provides penalties.

87 LOUISIANA Several legislative initiatives addressed Solid Waste issues. House Bill 1169 dissolved the Louisiana Resource Recovery and Development Authority (RRDA). The RRDA assisted in developing a statewide regional solid waste management plans for reducing, recycling, and recovery of certain solid wastes. The law allows for the dissolution of the RRDA whenever its Board of Directors and any participating municipalities determine that the Authority has substantially accomplished its mission or that it is impossible to fulfill its mission. House Bill 254 removes the authority of the Secretary of the Department of Environmental Quality to impose fees on solid waste management facilities for resource recovery or disposal, recycling, processing, or storage of solid waste. This legislation also removed the waiver of the fee for facilities that reach the 25 percent waste reduction goal. In another measure related to fees, House Bill 1579 defined three different types of tires and amount of the fee to be levied on the sale of each size tire relative to the Waste Tire Management Fund and the disposal of used tires. Furthermore, House Concurrent Resolution 1X commended the Great American Cleanup Project for its success in aiding and providing solutions to the serious environmental and economic problems caused by litter. Numerous measures addressed water-related topics. In the category of Water Quality & Conservation, for example, House Bill 295 authorized the Cane River Waterway Commission to levy an annual tax not to exceed six mills for capital outlay and maintenance and operation of the waterway in lieu of five mills for capital outlay and one mill for maintaining the waterway. Pursuant to Senate Bill 965, a person is required to submit the certain information to the Commissioner of Conservation at least 60 days prior to drilling any water well for non-domestic purposes that was not a replacement well, beginning July 1, 2001. Through House Concurrent Resolution 3X, lawmakers requested the Corps of Engineers to review and evaluate the growing problem with siltation behind the levee along the western edge of the Calcasieu Ship Channel in Moss Lake and to develop and execute a plan for remedies designed to eliminate both the existing siltation problem and the cause of continuing siltation. Relative to Water & Sewer Districts/Systems, House Bill 69 provides that a property owner can demand a jury trial to determine the value of the property expropriated by the Lafourche Parish Water District No. 1. In addition, Senate Bills 379 and 412 created the Castor Creek Reservoir District and the Turkey Creek Reservoir Districts, respectively. Additional legislation pertained to land and coastal water resource management. On the subject of Environmental Land Management, Senate Bill 762 created the Drought Protection Trust Fund for payments to farmers who have been using at least one million gallons of aquifer water per irrigation day for the past five years of irrigation and elect not to plant during periods of drought. Legislation in the category of Coastal Zone Management pertained to a variety of fishing regulations. House Bill 1423, for example, prohibited the sale or trade of oysters taken from polluted waters. In addition, House Bill 1692 designated the spotted sea trout (speckled trout) as the official state saltwater fish. In the category of Environmental Health Services, House Bill 70 provides that the official state fruit is the Louisiana Strawberry. In the same category, Senate Bill 359 created the Louisiana Hunting and Fishing Education Advisory Council consisting of 15 members. House Bill 446 requires the Secretary of the Department of Public Safety and Corrections to create a prestige license plate featuring the white tail deer if he received at least 1000 applications for such a plate. Additionally, House Bills 1482 and 1272 recreated the Department of Environmental Quality and the Department of Natural Resources, respectively, effective June 30, 2001.

88 Louisiana Legislation Category Comparison

Energy Legislation

14 AED Alternative Energy Developments C&M Coal & Minerals 13 EE Energy Efficiency 12 NG/P Natural Gas/Petroleum R/C Reorganization/Coordination 11 ST Severance Taxes 10 U Utilities 9 8 7

6 5

Number of Bills Enacted Number of Bills Enacted 4 3 2 1 0 AED C&M EE NG/P R/C ST U

Environmental Legislation

26 AQ Air Quality CZM Coastal Zone Management 24 EA Environmental Audits 22 EHS Environmental Health Services ELM Environmental Land Management 20 HW&SM Hazardous Waste & Substance Management 18 LLRW Low-Level Radioactive Waste 16 PC Pollution Control R Reclamation 14 R/C Reorganization/Coordination SW Solid Waste 12 WSD/S Water & Sewer Districts/Systems WQ&C Water Quality & Conservation 10

8 Number of Bills Enacted Number of Bills Enacted 6

4 2 0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

89 LOUISIANA 90 Louisiana Energy Legislation

Energy Efficiency Energy Management Policy (HB 1640) This act provides for the establishment of an energy management policy for agencies of the State. The Division of Administration will develop a standardized reporting method to obtain energy usage information from state agencies to be completed no later than January 1, 2002. The Division will maintain a database on state buildings and associated energy costs and submit an initial energy cost index no later than April 1, 2002. The Division will conduct bill assessments and energy audits and make recommendations on energy cost saving measures for all state agencies. The reporting provisions of this act apply to all agencies and departments of state government, including institutions of higher education. In addition, this act provides that one-half of any future savings from implementation of energy cost savings measures initiated by an agency may be retained by the agency for the remaining life cycle of the measure after paying for the cost of implementation. Postsecondary institutions are exempt from the provision. Agencies’ progress or success in achieving and maintaining savings in energy costs may be considered within the Joint Legislative Committee on the Budget’s review of agency performance under the Louisiana Government Performance Accountability Act. The appropriations to agencies may be reduced if agencies fail to comply with the provisions of this act. The Commissioner of Administration must report to the Joint Legislative Committee on the Budget and Legislative Fiscal Office the results of any energy cost signings. Federal Grants (SB 525) This legislation transfers the authority to administer the federal grants for energy assistance and weatherization services for low-income persons from the Department of Social Services to the Louisiana Housing Finance Agency. Municipalities Energy Expense Loan Fund (HB 1626) This legislation creates the Municipalities Energy Expensive Loan Fund to provide for a revolving loan program to provide municipalities with populations of less than 5,000 short-term interest loans to assist with payment of expenses related to increases in the prices of natural gas and electricity.

Natural Gas/Petroleum Emergency Response Contracts (HB 1315) Current law provides for the Commissioner of Conservation to declare an emergency in response to an incident occurring or threatening to occur at an oilfield site, facility, structure, or pipeline under the jurisdiction of the Commissioner. Emergencies are declared to prevent substantial or irreparable damage to the environment or serious threat to life or safety. Current law also authorizes the Commissioner to undertake the containment and abatement in response to a declared emergency and retain personnel or contract for these purposes. This act authorizes the Commissioner to let contracts in response to a declared emergency without adherence to the requirements of the public bid law or the Louisiana Procurement Code. The Commissioner may let contracts to respond to emergencies by an informal bidding process by which bids are solicited from at least three bidders. The Commissioner

91 LOUISIANA must report annually on the number and type of emergencies to the House and Senate Committees on Natural Resources. Liquefied Petroleum Gas Commission Assessments (HB 1199) This measure provides that permit holders will not obtain a refund for assessments levied by the Liquefied Petroleum Gas Commission. It also provides for a referendum to determine the validity period for the assessment. Mineral Leases (HB 338) This measure provides that any oil, gas, or mineral lease remain in effect on lands that have changed ownership as a result of erosion, subsidence, or other action of the sea or arm of the sea. Motor Fuels Underground Storage Tank Trust Fund (HB 2046) Current law provides that the Motor Fuel Underground Storage Tank Trust Fund will be used to protect against groundwater contamination, for response actions to releases of motor fuels, or for third party claims. This act provides that beginning July 1, 2001, interest from the Trust Fund will be deposited in the Environmental Trust Fund and will be used for closure and remediation of abandoned underground storage tanks and sites. The State will have a lien on property for cost expended by the State for the closure and cleanup of abandoned underground storage tanks. The lien will be to the extentd of the increase in value over the value of the property prior to cleanup. A site may be declared an abandoned motor fuel underground storage tank site if it meets the following conditions:

l it has received motor fuels;

l it has not been closed or remediated in accordance with current law;

l it is a danger to the public or the environment;

l it has no financially responsible owner; and

l the release at the site is not eligible for the Tank Trust Fund. Natural Gas Sales (HB 1010) This legislation provides that the price of in-kind royalty natural gas sales for human need purposes will be no less than the spot market price. Oilfield Site Restoration Commission Membership (HB 1269) This act changes a member of the Oilfield Site Restoration Commission from a member nominated by the Louisiana Environmental Action Network and the Coalition to Restore Coastal Louisiana to a member nominated by the Nature Conservancy. It also requires quarterly meetings and authorizes additional meetings when necessary. Oilfield Site Restoration Program (HB 1273) In relation to the Oilfield Site Restoration Program, this act provides that the site-specific trust account will be fully funded before all prior owners, operators, and working interest owners are released from liability. Regional Restoration Program (HB 1895) This legislation establishes the Regional Restoration Program in the Office of the Oil Spill Coordinator. The Program is designed to make the natural resource damage assessment process more efficient and more predictable. The Oil Spill Coordinator may employ additional staff to administer, manage, and implement the Program. This act also establishes the Natural Resource Restoration Trust Fund funded by natural resource damage assessments. The Trust Fund will be used for the

92 coordinator’s duties relating to natural resource damage assessments and relating to the implementation of the Program. Funds remaining in the Trust Fund at then end of the fiscal year and all interest accrued will remain in the Trust Fund. Any federal funds placed in the Trust Fund will be administered in accordance with federal requirements. In addition, this act increases the total use of the Oil Spill Contingency Fund for administrative and personnel expenses from $450,000 to $600,000 per fiscal year and prohibits the use of the Fund for administrative and personnel costs of the technical assistance program. It also decreases the total use of the Contingency Fund for operating costs and contracts for response and prevention from $1,000,000 to $600,000 and prohibits the use of the Contingency Fund for operation and response contracts of the technical assistance program. Funds attributable to reimbursements from responsible parties, the Oil Spill Contingency Fund, or the federal Oil Spill Liability Trust Fund will not be included in the limits on administrative and personnel costs or operation of response contract costs. Reporting of Unleased Mineral Interests (HB 624) This act provides for quarterly reporting by operators and producers to owners of unleased mineral interests. The report must include the amount of oil, gas, and other hydrocarbons produced, the price received, quarterly operating charges, and any additional funds spent to enhance or restore production. Safety Regulations of Natural Gas and Liquids Pipeline Operations (HCR 9) This resolution memorializes Congress to support federal legislation strengthening safety regulations of natural gas and liquids pipeline operations. Site-Specific Trust Account (HB 1273) In relation to oilfield site-specific trust accounts, this act provides that the Site-Specific Trust Account will be fully funded before all prior owners, operators, and working interest owners are released from liability. State Oil and Gas Museum (HB 735) This measure renames the Caddo Pine Island Oil and Historical Museum as the Louisiana State Oil and Gas Museum. The Museum was originally established under the jurisdiction of the Department of State as a historical, cultural, scientific, and technological educational institution whose primary purpose is to research, collect, preserve, and present documents, artifacts, and objects of art that reflect the social, cultural, and economic history of the oil industry in Louisiana and particularly in Caddo Parish. Theft of Motor Vehicle Fuel (HB 422) This measure creates the crime of theft of motor vehicle fuel. In addition to the fines and penalties imposed by the general theft statute, a person convicted of theft of motor vehicle fuel will be subject to a driver’s license suspension. Underground Storage Tank Laws (HB 1483) This legislation makes changes to the underground storage tank laws and the associated trust fund. This act adds a definition for “date of release” of a contaminant and clarifies definitions concerning “response action contractor” and his responsibilities. The Department of Environmental Quality must approve work before payment can be made from the trust fund and the tanks must have been in substantial compliance before third-party claims can be paid. This measure also changes the restrictions on payments regarding unregistered tanks and tanks whose owner did not meet certain

93 LOUISIANA financial requirements. In addition, this legislation changes membership on the advisory board and changes certain financial responsibility requirements for tank owners.

Utilities Authority to Expropriate Needed Property (SB 321) This law authorizes any domestic or foreign corporation created for the purpose of transmitting or distributing electricity and steam to expropriate needed property. Construction Contracts (HB 165) This legislation removes Public Bid Law provisions that require a bidding process for construction contracts let by publicly owned utilities costing more than $10,000 but not more than the general contract limit ($100,000). Deferred Billing Programs (HB 1621) This measure requires the Louisiana Public Service Commission to adopt rules to allow certain customers to enroll in deferred billing programs during declared energy emergencies. Utilities are prohibited from discontinuing service to such customers as they are making the required payments. Dissemination of Information (SB 1106) This act improves the dissemination of information regarding access to electric generation produced in Louisiana by generation facilities that commence operation on or after January 1, 2003, and use or consume groundwater or surface water. It assures that Louisiana-based wholesale power buyers are notified of the generator’s intent to sell power in furtherance of the policy set forth in current law. Louisiana Underground Utilities and Facilities Damage Prevention Law - Violations (HB 1659) Current law provides procedures for adjudication of violations of the Louisiana Underground Utilities and Facilities Damage Prevention Law in local venues. This act requires that the Division of Administrative Law adjudicate all such cases. Current law also provides authority for the Department of Public Safety to promulgate rules to implement and administer the law. This measure requires that the rules provide for a procedure to process reports of violations including a centralized complaint reporting center, a uniform complaint form, investigation procedures, centralized citation processing center, and procedure for collecting penalties. Overhead Power Line Safety Act (HB 932) This act provides that unless adequate precautions have been taken to guard against contact with high voltage overhead lines, no person will perform any function or activity upon any land, building, highway, waterway, or other premises, under the following conditions:

l if it is possible that the person will move or be placed within 10 feet of any high voltage overhead line; or

l if it is possible for any part of any tool, equipment, machinery, or material used or handled or stored by such person to be brought within 10 feet of any high voltage overhead line or conductor. When any person desires to temporarily carry on any work in closer proximity to a high voltage overhead line than is permitted, the person or persons responsible for the work to be done will promptly notify the owner or operator of the high voltage overhead line prior to the scheduled

94 commencement of the work. The work will be performed only after satisfactory mutual arrangements have been negotiated between the owner or the operator of the lines and the person or persons responsible for the work to be done. If a violation of this measure results in physical or electrical contact with any high voltage overhead line, the person in violation is liable to the owner or operator of the high voltage overhead line for all damages, costs, or expenses incurred by the owner or operator as a result of the contact and proximately caused by the failure to notify. Nothing contained in this act will be construed to alter, amend, restrict, or limit the liability of an owner or operator of the high voltage line under current law. This act also provides for exceptions. The Public Service Commission is required to promulgate rules and regulations requiring owners or operators of overhead electric utility lines to promote public awareness of the requirements of this legislation. Tax Exemption for Purchase of Utilities (HB 12X) This measure provides that the exemption from state and local sales and use tax for purchases of utilities used by certain steelworks and blast furnaces will be applicable, operable and effective for the period April 1, 2001 through June 30, 2002. The exemption is limited to entities with 125 or more employees. The Department of Labor will certify entities that qualify as SIC 3312 for purposes of qualifying for the exemption. Underground Utilities and Facilities (HB 1929) This measure requires any public entity or its agent, during preparation of plans and specifications on any public work project, to contact the regional notification center and owners of underground utilities or facilities that are not members of the center for the location of all such utilities and facilities. The public entity must arrange any temporary or permanent relocation of the underground utilities and facilities. Underground Utilities (HB 1611) This law requires excavators who damage underground utilities to notify local law enforcement departments, fire departments, and 911. It allows for punishment of violations that do not occur in the presence of a law enforcement officer. This measure also provides for an increase from 34 to 50 percent of the funds collected from penalties imposed on violators to be retained in the Underground Damages Prevention Fund. In addition, this act provides for disbursement of funds collected from penalties imposed on violators to the Division of Administrative Law for adjudication services.

95 LOUISIANA 96 Louisiana Environmental Legislation

Air Quality Motor Vehicle Safety Inspection Fund Repealed (HB 1641) As part of an omnibus act that repeals certain inactive special treasury funds, this legislation repeals the Motor Vehicle Safety Inspection Fund. Safety Inspection Certificate (SB 234) Current law requires every motor vehicle, trailer, semitrailer, and pole trailer registered in the State bear a valid state safety inspection certificate at an annual charge of $10. An additional $3 is required for each inspection for parishes and municipalities placed on the nonattainment list for ozone standards. This act specifies that the additional $3 fee will not apply to trailers, semitrailers, or light trailers.

Coastal Zone Management Bandit and Loneline Gear (HB 1417) This legislation provides that no person will use or deploy within the State territorial waters bandit gear or longline gear. The possession of bandit or longline gear is authorized so long as such gear is not in use or deployed to take fish. No person will possess fish taken within the state territorial waters using bandit gear or longline gear. In addition, no person will possess fish taken by any prohibited means. Barricaded or Gated Waterways (SCR 52) This resolution requests the Attorney General, the Coastal Zone Management Program, and the Office of State Lands to give the public notice prior to any public waterway being barricaded or gated and to take action necessary to protect access. Coastal Environmental Protection Fund Repealed (HB 1641) As part of an omnibus act that repeals certain inactive special treasury funds, this legislation repeals the Coastal Environmental Protection Trust Fund. Crab Task Force (HB 445) This act establishes the Crab Task Force to advise the Department of Wildlife and Fisheries on matters pertaining to the management and development of the Crab industry in Louisiana. The Task Force is authorized to seek and receive assistance from universities within the State in the development of methods to increase the production and marketability of crabs. Double Skimmer Nets (SB 362) Current law establishes various restrictions regarding nets used in shrimping. One such restriction is that the frame of a double skimmer net may not exceed 16 feet measured horizontally or 12 feet measured vertically. This measure adds that a double skimmer net will not exceed 20 feet diagonally. The reinforcement framing will not be considered in determining the size of the net frame. In addition, the lead line on such a net will not exceed 28 feet.

97 LOUISIANA Fishing Nets (HB 1424) In relation to the use of nets in the Breton Sound area and near the Chandeleur Islands, current law provides that shrimp trawls, menhaden purse seines, and pompano strike nets of a specified size may be used from August 1 through October 31st within the Breton Sound and near the Chandeleur Islands beyond 2,500 feet from land (excluding islands) and in excess of seven feet of depth. Otherwise, current law prohibits use of fishing nets in these areas. This act removes the phrase that excludes islands from the reference to land. Hoop Nets for Recreational Fishing (HB 85) This law authorizes the use of hoop nets for recreational fishing. Residents over the age of 16 will pay a gear free of $20 for use of no more than three hoop nets. These nets may only be used in the geographical areas north of a line that runs along I-10 from the Mississippi state line westward to Baton Rouge, along LA 190 from Baton Rouge westward to Ragley, and along LA 12 from Ragley westward to the Texas state line. Intracoastal Waterway Fishing Classification (HB 329) This measure provides that the Intracoastal Waterway in Orleans Parish from the overhead power lines at the Interharbor Navigation Canal east to the Rigolets will be both fresh and salt water for fishing purposes. This classification authorizes the fishing and possession of both fresh and saltwater species of fish and the use and possession of fresh and saltwater gear. Fishing in these waters will not interfere with normal commercial traffic. In addition, commercial mullet fishing is authorized in the same waters and in the portion of Lake Pontchartrain south and east of the I-10 bridge. Mullet Fishery Violations (HB 1407) This act provides that mullet fishery violations constitute a Class 6 violation punishable by a fine of not less than $900 and not more than $950 or imprisonment for not more than 120 days or both. A first time offender will forfeit any mullet permit or license and will be barred from mullet fishing and from obtaining a mullet permit or license for the remainder of the period for which it was issued plus one year. A second time offender will forfeit any mullet permit or license and will be barred from mullet fishing and from obtaining a mullet permit or license for the remainder of the period for which it was issued plus two years. A third time offender will forfeit any mullet permit or licensed issued to him and will be forever barred from mullet fishing and from obtaining a mullet permit or license. Mullet Task Force (HB 480) This measure establishes the Mullet Task Force to advise the Wildlife and Fisheries Commission relative to season dates for the taking of mullet. It requires meetings at least quarterly and that one of those meetings be held between July 15 and August 15 each year to determine a recommended opening date for mullet season. This recommendation will be presented to the Commission at the September Commission meeting. Official State Saltwater Fish (HB 1692) This legislation designates the spotted sea trout (speckled trout) as the official state saltwater fish. Oyster Lease Information (HB 1606) Beginning in 2003, this act requires reporting by March 31 each year to the Department of Wildlife and Fisheries of oyster lease information for the previous calendar year including:

l the area in which the leases are located;

l the amount of oysters, and seed oysters removed;

98 l the amount of cultch and seed oysters placed; and

l the source of the seed oysters. The information, including the name of the leaseholder, will be available to the Department of Natural Resources only for planning of conservation, protection, management, enhancement, and restoration of coastal wetlands or barrier islands. The data aggregated for the State is public record. The Department will develop and promulgate a harvest area grid within which leases may be grouped for purposes of reporting the required information. This act also repeals the requirement that each leaseholder place under cultivation each year at least 10 percent of the leased barren water bottoms. Oyster Leases (HB 1795) Current law authorizes the Secretary of the Department of Wildlife and Fisheries (DWF) to renew oyster leases in projected impact areas of coastal restoration projects for periods of one to 14 years. In order for the term of renewal of oyster leases to be impacted, the coastal restoration projects must be authorized and funded through the State’s annual Coastal Wetlands Conservation and Restoration Plan. This act removes the requirement that the coastal restoration project be authorized and funded through the State Wetlands Plan. Any coastal restoration project included within a public program officially proposed by the appropriate state, federal, or local agency may be considered in the determination of the length of time for which oyster leases may be renewed. In addition, this measure requires annual determination of impact areas to be made by the Department of Natural Resources (DNF) with preliminary notification of the areas and recommendations relative to the leases in those areas to the Oyster Task Force by August 15 each year and final recommendations to the Task Force and the DWF by September 30 each year. The Oyster Task Force is authorized to request a review by the House and Senate Natural Resources committees of the final recommendations as presented to the Task Force and the DWF by the DNF. The request for review is to be submitted in writing no later than October 5 by the Task Force with a copy to the DNF. Failure of the Task Force to submit a request will be interpreted as acceptance of the final recommendations. The request for review will include all of the recommendations or just specific recommendations that are delineated in the request for review. Any recommendation that is not included in a request for review will be considered final and the DWF may implement that recommendation. This measure also provides for the committees to review the recommendations prior to October 30. The committees will adopt the recommendations, disapprove the recommendations, or propose changes. Failure to hold a hearing prior to October 30 will be interpreted to mean approval of the recommendation. For any recommendation which is disapproved or for which changes are proposed, the DNR will present a revised final recommendation reflective of the committees’ actions by November 5 to the Oyster Task Force and the DWF. Oyster Season (HCR 11X) This resolution urges and requests the Louisiana Wildlife and Fisheries Commission to extend the oyster harvest season in the public oyster seed grounds east of the Mississippi for an additional 30 days. Oysters from Polluted Waters (HB 1423) This law prohibits the sale or trade of oysters taken from polluted waters. Except when otherwise permitted by the Department of Wildlife and Fisheries, when any vessel is found harvesting in closed or unapproved waters, all oysters on board will be deemed to have been taken from closed or unapproved waters and will be deemed to constitute a hazard to public health. All oysters found in

99 LOUISIANA violation of this prohibition will be seized and returned to the water. A violation constitute a Class 4 violation punishable as follows:

l first offense, between $400 and $750 or imprisonment for less than 120 days, or both;

l second offense, between $750 $3,000 or imprisonment between 90 and 180 days, or both; and

l third offense or more, between $100 and $5,000 and imprisonment between 180 days and two years. Recreational Fishing Limits (HB 79) This measure establishes certain take, size and possession limits for recreational fishing on Toledo Bend Reservoir and the Sabine River as follows:

l black bass, size - 14 inches, 12 inches on Sabine River, take - 8

l white bass, size - none, take - 25

l stripped bass - size - only 2 over 30 inches, take - 5

l crappie, size - none, take - 50

l blue catfish, size - 12 inches, take - 25

l channel catfish, size - 11 inches, take - 25

l flathead catfish, size - 14 inches, take - 25 No person will have in his possession more than twice the number of fish specified. A violation of any of the take, size, and possession limits for the Toledo Bend Reservoir and Sabine River constitutes a class two violation. This act is effective upon enactment of identical take limits by the Texas Legislature, not late than September 1, 2001. Saltwater and Freshwater Boundaries (HB 1481) This act moves the saltwater and freshwater boundary in the western part of the State to the Intracoastal Waterway from the Texas boundary to its junction with the Louisiana Highway 27 then south to Louisiana Highway 82 then east to its junction with the Intracoastal Waterway at Forked Island. Shark and Tuna (HB 1419) This legislation removes tuna from the prohibition to skin or scale the fish until on shore. The species of tuna for which there are size restrictions, the head may be removed only if the carcass length without the head is in excess of the minimum size requirement. A shark permit holder must have the permit in his immediate possession and is no longer required to provide the Department of Wildlife and Fisheries with monthly catch reports. Penalties for shark fishery violations are as follows:

l first conviction, permit voided and prohibited from reapplying for 12 months from conviction;

l second conviction within five years, permit voided and prohibited from reapplying for 24 months from conviction; and

l third conviction within five years, permit voided and forever prohibited from reapplying.

100 The penalties are mandatory and will not be suspended. Any person convicted of harvesting or selling shark on a voided or forfeited permit will be guilty of a Class 6 violation which is punishable for each offense with a fine of between $900 and $950 or imprisonment for less than 120 days or both and forfeiture of anything seized. Spotted Sea Trout Fishery Violations (HB 1415) This act provides that violations of sea trout provisions constitute a Class 66 violation, punishable by a fine of $900-$950 or not more than 120 days in jail, or both. A first time offender will forfeit any spotted sea trout permit or license and will be barred from spotted sea trout fishing and from obtaining a potted sea trout permit or commercial fisherman’s license for the remainder of the period of which it was issued plus one year. A second time offender will forfeit any spotted sea trout permit or license and will be barred from spotted seas trout fishing and from obtaining a spotted sea trout permit or commercial fisherman’s license for the remainder of the period for which it was issued plus two years. A third time offender will forfeit any spotted sea trout permit or license issued to and will forever be barred from spotted sea trout fishing and from obtaining a spotted sea trout permit or commercial fisherman’s license. Spring Brown Shrimp Seasons (SB 269) This measure provides that the spring brown shrimp seasons in specified inshore waters will be opened no later than the third Monday in May after considering the Department of Wildlife and Fisheries project as to when 50 percent of the brown shrimp crop will be 100 per pound or greater. This act also provides for the closing of such season based on biological and technical data. Stone Crabs (HB 1676) This law increases the minimum claw length for possessing a stone crab from 2 ½ to 2 ¾ inches. It authorizes holding live stone crabs until the claws are removed on board a waterbound vessel. In addition, this act requires the crabs to be returned to the waters from which they were taken. Trawls (HB 1416) This legislation changes the boundary of the Breton and Chandeleur Sounds in which vessels may pull trawls. Unattended Hoop Nets (SB 928) Current law provides that no nets or beam trawls used for taking shrimp or fish may be left unattended in the saltwater areas of the State, except those legal nets or trawls that are left attached to wharf at a camp. This act provides that hoop nets, without leads, may be left unattended in the saltwater areas of the state for the purpose of taking legal commercial catfish species. Underwater Obstruction Removal Fund Extended (SB 569) This law extends the Underwater Obstruction Removal Fund for three years. Water Bottoms (HB 1696) This legislation provides that the State Land Office, within the Division of Administration, has the responsibility for the administration and management of the State’s water bottoms.

Environmental Health Services Beneficial Environmental Projects (HB 1029) This legislation provides that the Secretary of the Department of Environmental Quality (DEP) will submit any proposed settlement to the attorney general for the approval or rejection of a beneficial environmental project (BEP). The approval or rejection must be in writing, with detailed reasons.

101 LOUISIANA Violation of the Louisiana Environmental Quality Act or regulations resulting from it, or constitutional, statutory, or regulatory provisions will be the only reason for rejection. The attorney general will make any request for additional information within 30 days and the DEQ will respond within 30 days. The Secretary may execute the proposed settlement without the approval or rejection of the attorney general if the attorney general does not reject the settlement within 90 days of its receipt. The Secretary will consider giving preference to a port commission that operates an affected port when the Secretary is requiring a person to perform a BEP, when that port is affected by the activity giving rise to the enforcement action and has not contributed to its violation. Class I Offenders (HB 158) This law authorizes the Secretary of the Department of Wildlife and Fisheries (DWF) to impose an additional 10 percent late penalty against Class I offenders who do not pay by the due date. The Secretary may determine, by rule, and assess adjudicatory hearing costs against the offender. The Secretary may also institute civil proceedings to enforce his or her designated hearing officer’s ruling. In the event judgment is rendered in said court affirming the civil penalties assessed, the court may also award reasonable attorney fees to the DWF, judicial interest on the civil penalties from the date of their assessment by the department until paid, and all costs. Department of Environmental Quality Re-created (HB 1482) This measure provides for the general re-creation of the Department of Environmental Quality and its statutory entities, effective June 30, 2001, in accordance with the Sunset law. It supersedes the provisions of the Sunset law that set out for the procedure for review and re-creation and which requires a separate bill to re-create each statutory entity within the Department along with additional provisions. July 1, 2006, is the new termination date and the termination will begin July 1, 2005, unless the Department is again re-created. Department of Natural Resources (HB 1272) This measure recreates the Department of Natural Resources and its statutory entities, effective June 30, 2001, in accordance with the Sunset law. It supersedes the provision of the Sunset law which set out the procedure for review and re-creation and which requires a separate act to recreate each statutory entity within the Department along with additional provisions. July 1, 2006, is the new termination date and termination will begin July 1, 2003, unless the Department is again recreated. Environment and Natural Resources Council Abolished (SB 974) As part of an omnibus act that abolishes certain agencies and commissions, this legislation abolishes the Environment and Natural Resources Council. Environmental Education Commission (HB 1318) This act provides that a member of the Board of Regents or his designee may be a member of the Louisiana Environmental Education Commission. It also provides that the Secretary of the Department of Culture, Recreation and Tourism or his designee be a member. Hunting and Fishing Education Advisory Council (SB 359) This legislation creates the Louisiana Hunting and Fishing Education Advisory Council consisting of 15 members. The Council is established within the Department of Wildlife and Fisheries to promote the many benefits of hunting and fishing and to educate the citizens of Louisiana on those benefits. The Council membership will be on a voluntary basis and the members will receive on compensation or reimbursement of expenses. The Council will meet at least twice annually and develop plants and strategies to promote public awareness that fees, taxes, and other traditional expenses of hunters and

102 fishermen and women provide financial support for the management of fish and wildlife resources, habitat conservation and management, and contribute to the local and national economy. Law Enforcement Powers (HB 1422) This act provides that graduates of the Department of Wildlife and Fisheries enforcement training academy will be vested with general law enforcement powers. Lists of Enforcement Actions (HB 1897) This measure requires the Secretary of the Department of Environmental Quality to maintain lists of certain enforcement actions and to distribute such lists. Nutria (HB 281) This measure authorizes the Wildlife and Fisheries Commission to adopt and promulgate rules and regulations which set seasons, methods of taking that will include use of a .22 rifle, hours for taking, and bag and possession limits for the recreational hunting of nutria. Furthermore, the rules and regulations issued will in no way authorize the taking of nutria on privately owned land without the express permission of the landowner. The sale of nutria skin or carcasses is prohibited except by the holder of a valid trapping license or by a licensed fur buyer or fur dealer. Office of Conservation Revenue Cap (HB 1270) This law removes the $2,250,000 cap on revenue collected by the Office of Conservation from application fees in a fiscal year. Office of Management and Finance of the Department of Wildlife and Fisheries Powers (HB 159) This act adds to the powers, duties, functions, and responsibilities of the Office of Management and Finance of the Department of Wildlife and Fisheries as follows: budget forecasting, socioeconomic research and analysis, property control, boat registration, and customer service. This measure also requires the Undersecretary to assist in the administration of licensing and permit issuance, collection of fees, taxes, fines, and penalties, and dissemination of information through media channels. Official State Fruit (HB 70) This legislation provides that the official state fruit will be the Louisiana strawberry. Southern States Consortium (HCR 157) This resolution requests the Department of Environmental Quality to study the feasibility of and need for a southern states’ consortium and compact for the purpose of researching and solving common environmental problems and to report its findings to the House Committee on Environment and the Senate Committee on Environmental Quality prior to January 15, 2002. White Tail Deer Prestige License Plate (HB 446) This measure requires the Secretary of the Department of Public Safety and Corrections to create a prestige license plate featuring the white tail deer if he receives at least 1000 applications for such a plate. The charge for the plate will be $10, assessed every two years, plus the regular license fee assessed for license plates. Furthermore, this act requires payment of a $3.50 handling fee that is to be retained by the Department to offset a portion of the administrative costs. The Department will promulgate the necessary rules and regulations. This measure also creates the white tail deer account within the Conservation Fund into which will be placed revenues from the extra $10 fee paid for the white tail deer license plate. The monies in the account will be used for programs pertaining to white tail deer in the State.

103 LOUISIANA Environmental Land Management Ad Valorem Tax Payments (SB 995) This act provides that for the year 2000 and thereafter, the 10 percent ad valorem tax payments made by the Terrebonne Levee and Conservation District to the Atchafalaya Basin Levee District will not include taxes collected based on any millage in excess of five mills. In addition, this act contains the following provisions:

l authorizes the transfer of an undivided one-half interest in and to all property, including mineral rights, owned or held by the Levee District located within the boundaries of the Conservation District;

l authorizes the districts to execute an act setting forth the transfer and delivery of such property to the Conservation District no later than January 1, 2003;

l requires that the Conservation District provide the property description for each tract to be transferred;

l requires that property be held in equal undivided ownership by the districts, except as otherwise agreed to by both districts;

l requires that the districts jointly manage and control the property transferred; and

l the respective boards may enter into contracts and agreement of any nature for the purposes of this act. Cost of Remediation (HB 659) Current law provides that the Department of Environmental Quality has a lien against immovable property for the costs of remediation of that property and that the lien is perfected by filing a notice containing a description of the property. The State’s lien has priority over other liens. However, any security interests filed before the state’s lien has priority over the state’s lien, but only up to the fair market value of the property prior to the remediation by the State. This act provides that the lien is perfected by filing a notice containing a property description and name of the current record owner. Any prior recorded liens are subordinate to the State’s lien for the value over the pre-remediation value of the property. Drought Protection Trust Fund (SB 762) This act creates the Drought Protection Trust Fund. The Trust Fund may be used for payments to farmers who have been using at least one million gallons of aquifer water per irrigation day for the past five years for irrigation and elect not to plant during periods of drought. It may also be used for the development and enhancement of surface water resources for use by farmers for irrigation purposes, including but not limited to the following:

l reconnaissance surveys for the identification of potential geographical areas suited for additional surface water development; and

l the planning, designing, and installation of surface water development and enhancement projects, but only if 100 percent of federal funds are not available for the same services. Exchange of Properties in Rapides Parish (SB 680) This measure authorizes the exchange of certain described properties in Rapides Parish between the Board of Commissioners of the Red River, Atchafalaya, and Bayou Boeuf Levee District and certain

104 entities. Mineral rights are reserved to the State. This legislation provides that economic value of the property received by the State will be greater than that which it is giving up. Exchange of Title in Rapides Parish (SB 416) This act authorizes the exchange of title of certain described properties in Rapides Parish between the Secretaries of the Department of Wildlife and Fisheries and the Department of Agriculture and Forestry and certain private citizens. Mineral rights and minerals are reserved to the State. The Secretaries will execute such documents and perform such other acts as are necessary to properly transfer the property. This measure requires an appraisal of the properties to ensure that the economic value of the property received by the State will be greater than that which it is giving up. Green Space District (HB 771) This act authorizes the governing authority of Jefferson Parish to create a special district for green space purposes in the Woodland West Subdivision. The district will perform functions that will provide for the acquisition and maintenance of green space property in or near the Subdivision, including entering into contracts for maintenance of green space. Limitation of Liability of Public Parks (HB 1917) This measure includes buildings, structures, machinery, and equipment in the limitation of liability extended to public parks. It also clarifies that the limitation of liability for owners of property used for recreational purposes includes both urban and rural property. Timber (HB 101) This legislation requires the consent of both spouses for the alienation, encumbrance, or lease of standing, cut or fallen timber. Concurrence of both spouses is required to harvest community timber. This legislation also provides that the sale of an undivided timber interest that constitutes community property is governed by the Civil Code Articles relative to community property law. Transfer of Land in Terrebone Parish (SB 340) This act authorizes the State through the Department of Wildlife and Fisheries to transfer certain tracts of land situated in Terrebonne Parish to Fire Protection District No. 6 of Terrebone Parish. Transfer of Property (SB 366) This act authorizes the Secretary of the Department of Transportation and Development to transfer certain property between the diversion canal and Interstate 49 to the Department of Wildlife and Fisheries. It contains the following limitations on the property being transferred:

l prohibits construction of any kind on the property;

l prohibits the use of all-terrain vehicles on the property;

l prohibits harvesting of timber on the property;

l limits hunting on the property to bow hunting for big game; and

l prohibits access from I-49 onto the property. Transfer of Property on Larto Island (SB 352) This measure transfers certain described property on Larto Island, located in Catahoula Parish, from the Office of State Lands to the Department of Wildlife and Fisheries. In addition, this act prohibits the cutting of timber on any of the described property.

105 LOUISIANA Hazardous Waste & Substance Management Anhydrous Ammonia Theft (HB 36) This law defines theft of anhydrous ammonia as the misappropriation or taking of anhydrous ammonia which belongs to another, either without the consent of the other or by means of fraudulent conduct, practices, or representations. This act also provides penalties of imprisonment with or without hard labor of not more than two years or a fine of not more than $2,000 or both. Hazardous Materials Information, Development, Preparedness and Response Act Amended (HB 1556) This act includes the term “person” as subject to penalties for careless handling under the Hazardous Materials Information Development, Preparedness and Response Act and clarifies that the penalties apply to careless handling of hazardous materials. This act extends the date for the annual fees paid to the Department of Public Safety and Correction for persons who manufacture, store or use hazardous materials. It also provides that 10 percent of those fees will be paid to the local emergency planning committees in the parish where the fees are collected. The annual fee per facility for small businesses will not exceed $25 each to the local emergency planning committee in addition to the payment of such fee to the State Emergency Planning Authority. Hazardous Materials Transportation (HB 1502) This legislation provides two additional routes for carriers to transport hazardous materials within the parishes of Caddo and Bossier, Louisiana Highway 3132 and Louisiana Highway 526. Hazardous Waste Facilities (HB 873) This measure provides that no permit, license, registration, variance, or compliance schedule will be granted for the construction of any facility used to receive sulphur in the solid state in bulk quantities and that emits sulphur particulate matter. The holder of a permit or license for a facility that is to be transferred will disclose the identity of the transferee so that the Department of Environmental Quality (DEQ) can obtain the appropriate information. The DEQ will provide notice of the transfer to each member of the legislature in whose district the facility is based. Transportation of Hazardous Materials (HR 1) This resolution memorializes the U.S. Department of Commerce, the U.S. Department of Transportation, the National Transportation Safety Board, and the U.S. Environmental Protection Agency to require vessels transporting hazardous materials on the navigable waters of the state to identify all such materials being transported by utilizing a placard system. It also requests the Departments of Economic Development, Transportation and Development, Environmental Quality, and Public Safety and Corrections and the Offshore Terminal Authority urge federal authorities to require a placard system.

Solid Waste Commercial Littering (HB 1016) This measure requires commercial generators of litter in the City of Donaldsonville to construct and maintain fences or walls to enclose litter. This legislation also provides civil penalties of $500 for each day that the enclosure is not built or maintained.

106 Current Litter Laws (HCR 203) This resolution requests the House Committee on the Environment and the Senate Committee on Environmental Quality to jointly study the status, enforcement, and effectiveness of current litter laws and to report its findings prior to the 2002 Regular Session. Great American Cleanup Project (HCR 1X) This resolution commends the Great American Cleanup Project for its success in aiding and providing solutions to the serious environmental and economic problems caused by litter. It also proclaims April 2001 as Keep America Beautiful Month throughout the State and designates April 7, 2001, as Great American Cleanup Day in Greater Baton Rouge. Infectious Waste (HB 598) This act requires the Department of Environmental Quality (DEQ) to clean up and remediate infectious waste that spills or discharges as a result of an accident, incident, or improper disposal. The DEQ may recover the cost of the cleanup from the transporter of the waste or any other person responsible for the spill or discharge. If a non-licensed transporter improperly disposes of infectious waste, the generator becomes liable for the costs of the clean-up. This act also provides that the Department of Health and Hospitals (DHH) require that the generator of infectious medical waste transport such waste only with a transporter permitted by the DHH. The generator will be responsible for the cost of spills if he ships infectious wastes with a transporter not licensed by the DHH. Litter Reduction and Public Action Commission (SB 974) As part of an omnibus act that abolishes certain agencies and commissions, this legislation abolishes the Litter Reduction and Public Action Commission. Resource Recovery and Development Authority Dissolved (HB 1169) This act dissolves the Louisiana Resource Recovery and Development Authority (RRDA). Current law provides for the RRDA to assist in developing a statewide regional solid waste management plans for reducing, recycling, and recovery of certain solid wastes. It also assists parishes and municipalities in dealing with solid wastes and provided expertise in solid waste management. Current law also provides for the dissolution of the RRDA whenever its Board of Directors and any participating municipalities determine that the Authority has substantially accomplished its mission or it is impossible to fulfill its mission. Solid Waste Management Facility Fees (HB 254) This measure removes the authority of the Secretary of the Department of Environmental Quality to impose fees on solid waste management facilities for resource recovery or disposal, recycling, processing, or storage of solid waste. This legislation also removes the waiver of the fee for facilities that reach the 25 percent waste reduction goal. Tires (HB 1579) This law defines three different types of tires and amount of the fee to be levied on the sale of each size tire relative to the Waste Tire Management Fund and the disposal of used tires as follows:

l “medium truck tire” means tires normally used on semi-trailers and other like vehicle, with a fee of $5 per new tire;

l “off-road tire” means a tire weighing one hundred pounds or more and is usually used off- road, with a fee of $10 per new tire; and

l “passenger ‘light truck’ farm service tire” means tires normally used on autos, pickups, SUV’s and farm implement vehicles, with a fee of $2 per new tire.

107 LOUISIANA Yardwastes (HB 1179) This measure allows burning of yardwastes by municipalities with a population of 5,000 or less on property that it owns or leases, provided that there is not an occupied building or residence within 500 feet and ordinances are enacted to prohibit burning in the municipality. It also provides for collection and burning of such vegetable matter.

Water & Sewer Districts/Systems Broussard Environmental Service and Enhancement District (SB 989) This measure creates the Broussard Environmental Service and Enhancement District in Lafayette Parish. The District will provide sewerage service throughout the District. The jurisdiction of the District is limited to the town or city of Broussard. The District requires prior approval of the Lafayette Parish Consolidated Government before it may contract to provide sewerage collection, disposal, or treatment services with any person other than the town of Broussard or any entity located within the town. Castor Creek Reservoir District (SB 379) This measure creates the Castor Creek Reservoir District within the Department of Transportation and Development. It is created out of the watershed of Castor Creek within the boundaries of the parishes of Winn, Caldwell and LaSalle, and is a political subdivision of the State. The purpose of District is to develop the wealth and natural resources of the District by the conservation of soil and water for agricultural, recreational, commercial, and industrial purposes. The creation and maintenance of a lake within the District will be for such purposes. The District will have complete control over the supply of fresh water and has the authority to sell such water for irrigation, municipal, and industrial uses both within and outside the District. In addition, the property of the District will be exempt from state and local sales and use taxation. The District may cooperate and contract with the federal or state government or any department or agency for the construction, operation, and maintenance of facilities. A board of seven commissioners, each of whom are qualified electors of the State and reside within the limits of the parishes of Winn, Caldwell and LaSalle, will govern the District. DeSoto Parish (HB 201) This act identifies the parish by name, DeSoto Parish, rather than by population, in a provision prohibiting diversion of waterworks funds to other entities or purposes. Gravity Drainage District No. 1 (HB 163) This law authorizes an increase in the salary of the Secretary-Treasurer of the Board of Commissioners of Gravity Drainage District No. 1 of Rapides Parish from an amount not to exceed $200 per month to an amount not to exceed $500 per month. Individual Sewer Systems (HB 602) Current law requires an effluent reducer approved by the Department of Health and Hospitals (DHH) for new and reconditioned sewage treatment of systems with a capacity of 1,500 gallons per day or less that produce an effluent if such systems by design do not significantly reduce the amount of effluent. This act changes the application “from” the reduction of effluent “to” the reduction or limitation of offsite effluent. Furthermore, this measure provides for effluent reducers or limiters approved by DHH for systems that produce an effluent. New and reconditioned sewage treatment systems with a capacity of 1,500 gallons per day or less that produce an effluent must have a means of or device for disinfecting such effluent, approved by the DHH. The disinfection systems used by

108 individual will be exempt from requirements for minimum contact chamber volumes, unless those requirements are part of a permit issued by the Department of Health and Hospitals or the Department of Environmental Quality. Lafourche Parish Water District No. 1 (HB 69) Current law provides that the Lafourche Parish Water District No. 1 may acquire property needed for the operation of its waterworks or sewerage systems pursuant to its general expropriation authority. Under this authority, the property owner can demand a jury trial to determine the value of the property expropriated. Expropriating authority is only entitled to the property after the amount fixed by the final judgment is deposited in the registry of the court. This act retains current law and authorizes the District to expropriate such property by a declaration of taking. This measure provides that:

l the District must give 15 days’ notice to the property owner before filing a petition for expropriation;

l the district must file a petition which includes an itemized statement of the full extend of the owner’s lost;

l requires the court to issue an order directing the District to deposit the amount of the estimate in the registry of the court; and

l the property owner may apply for a trial to determine the measure of compensation to which he is entitled by filing an answer within one year from the date of notice of expropriation. This act does not apply to any property, utility plant, or facilities owned by any private waterworks or sewerage system. Public Water System Definition (HB 1005) This act changes the definitions in state law of public water system to conform to federal law and regulations. Current law defines the term “public water system” as a system intended to provide potable water to the public, if the system serves an average of at least 25 individuals daily at least 60 days out of the year. Furthermore, in certain cases, such system must have at least 15 service connections. This measure retains the substance of the current law and retains language related to individual served and connections. It defines a “public water system” as a system for the provision to the public of water for potable purposes, through pipes or other constructed conveyances. St. Bernard Parish (HB 405) This measure identifies the parish by name, St. Bernard Parish, rather than by population, in a provision requiring all unclaimed or abandoned funds received from water deposits by a water and sewerage commission to be deposited to the credit of the commission. Sewage Disposal Services Fee (SB 769) Current law, relative to the governing authority of Iberia Parish and any parish with a population of not less than 58,000 and not more than 62,000, provides privileges against property for the amount of any unpaid service charge or user fee for sewage disposal services of any sewage districted located in the parish. This measure changes the parish population ranges to between 50,000 and 53,700 and between 75,000 and 85,000, to continue the applicability of current law to the same parishes due to population changes in the 2000 federal census.

109 LOUISIANA Turkey Creek Reservoir District (SB 412) This act creates the Turkey Creek Reservoir District within the Department of Transportation and Development. It is created out of the watershed of Turkey Creek within the boundaries of Franklin Parish and is a political subdivision of the State. The purpose of District is to develop the wealth and natural resources of the District by the conservation of soil and water for agricultural, recreational, commercial, and industrial purposes. The creation and maintenance of a lake within the District will be for such purposes. The District may cooperate and contract with the federal or state government or any department or agency for the construction, operation, and maintenance of facilities. A board of seven commissioners, each of whom are qualified electors of the State and reside within the limits of Franklin Parish, will govern the District.

Water Quality & Conservation Aquifers and Groundwater Resources (HCR 187) This resolution urges and requests the Ground Water Management Commission and the Ground Water Management Advisory Task Force to work with the states of Mississippi, Arkansas, and Texas to develop a policy for stewardship, conservation, and management of the aquifers and groundwater resources which they share with Louisiana. Bayou Boeuf Advisory Committee (HCR 66) This resolution creates the Bayou Boeuf Advisory Committee to study and make proposals to the Senate and House Committees on Transportation, Highways and Public Works relative to water uses from Bayou Boeuf and the advisability of the creation of a freshwater district along Bayou Boeuf from Alexandria to Washington in the parishes of Rapides, Avoyelles, and St. Landry. The Advisory Committee, in order to study and report on water use issues, will assemble any available information and surveys necessary from any federal, state, or local agency or ay other source that the Committee deems appropriate. The Committee will submit a report of its findings and recommendation as to the advisability of creating a freshwater district prior to the 2002 Regular Session. Bayou Lafourche Freshwater District (HB 312) This legislation authorizes the Board of Commissioners of the Bayou Lafourche Freshwater District to develop and implement measures to prevent the intrusion of salt water into the flow of fresh water. Cane River Waterway Commission (HB 295) This act authorizes the Cane River Waterway Commission to levy an annual tax not to exceed six mills for capital outlay and maintenance and operation of the waterway in lieu of five mills for capital outlay and one mill for maintaining the waterway. Ground Water Management (SB 965) Beginning July 1, 2001, a person must submit the following information to the Commissioner of Conservation at least 60 days prior to drilling any water well for non-domestic purposes that is not a replacement well:

l information showing the name of the driller;

l the projected location in latitude, longitude, and depth;

l the capacity of the well;

l the ownership of the well; and

l other information reasonably required by the Commissioner.

110 This act creates the Ground Water Management Commission in the Office of the Governor. The Commission is responsible for the determination of critical ground water areas, defined as an area where sustainability of an aquifer is not being maintained under current or projected use or normal environmental conditions. The Commission will hold public hearings during the process of determination of critical ground water areas and will develop and promulgate actions that will be taken to preserve and manage the ground water in a critical ground water area. Such actions may include restrictions on withdrawals by each user in the area and may include the requiring of permits for the drilling of new wells. The Commission must also provide use guidelines for areas where drilling new wells could result in the creation of a critical ground water area. In addition, this act requires the Commission to develop a contingency plan to response to emergency situations as a result of a natural disaster or man-made accident. The Commission ceases to exist July 1, 2003. This measure also creates the Ground Water Management Advisory Task Force. The Commissioner of Conservation, the Ground Water Management Commission, and the Task Force, with input from local or regional entities designed by the Commission, will develop a long-term comprehensive ground water management system. Such system will be promulgated and prepared for legislative adoption during the 2003 Regular Session. Natural and Scenic Rivers System (SCR 130) This resolution nominates portions of several rivers and steams in the parishes of Allen, Vernon, Beauregard and Calcasieu for inclusion in the Louisiana Natural and Scenic Rivers System:

l Whiskey Chitto Creek in Beauregard;

l Barnes Creek in Allen and Beauregard, from Louisiana Highway 27 to the Calcasieu River;

l Bearhead Creek in Beauregard and Calcasieu, from its headwaters to the Houston River;

l Bundicks Creek in Vernon, Beauregard and Allen, from its headwaters to Bundicks Lake and from Bundicks Lake to Whisky Chitto Creek;

l Beckwith Creek in Beauregard and Calcasieu, from its headwaters to the west Fork of the Calcasieu River; and

l Hickory Creek in Beauregard and Calcasieu, from its headwaters to the West Fork of the Calcasieu River. The Systems Administrator will, prior to the convening of the 2003 Regular session, conduct a study and evaluation and submit recommendations to the legislature in accordance with law regarding the nomination of these rivers and streams into the Louisiana Natural and Scenic Rivers System. Sabine River Authority Board Members (SB 465) Current law provides an exemption from the Ethics Code for board members of the Sabine River Authority, and permits members to contract with the Authority by authorizing those who own a residential lot contiguous to the “lease back” or “shore line” area of Toledo Bend Reservoir to lease such shore line area contiguous to their residential lot and to obtain a domestic water use permit. This act removes the limitation that the exemption only applies to a “lease back” or “shore line” lease agreement for residential lots. Siltation (HCR 3X) This resolution requests the Corps of Engineers to review and evaluate the growing problem with siltation behind the levee along the western edge of the Calcasieu Ship Channel in Moss Lake and to

111 LOUISIANA develop and execute a plan for remedies designed to eliminate both the existing siltation problem and the cause of continuing siltation. Testing Program (SR 51) This resolution requests the Department of Environmental Quality to study the water quality in False River by initiating a monthly test for a period of six to 12 months. Tri-Parish Drain/Water Conservation District (SB 974) As part of an omnibus act that abolishes certain agencies and commissions, this legislation abolishes the Tri-Parish Drain/Water Conservation District. Vinyl Chloride Contamination (SR 44) This resolution urges and requests the U.S. Environmental Protection Agency assist in the investigation of the vinyl chloride contamination of the water system at the Myrtle Grove Trailer Park in Plaquemine, Louisiana.

112 Maryland Introduction During the 2001 legislative session, the Maryland General Assembly passed 67 measures relating to energy and environmental matters. Fifteen of these measures pertained to energy issues. In the category of Energy Efficiency, Senate Bill 745 provides several State income tax credits for specified construction or rehabilitation costs of “green buildings” and green tenant space. In addition, House Joint Resolution 14 established a 23-member task force to study the cost, extent, causes, and consequences of current public lighting standards and policies, light pollution, and the benefits of alternative policies in Maryland. The Task Force to Study Lighting Efficiency and Light Pollution in Maryland is required to issue a preliminary report to the General Assembly by October 15, 2001 and a final report by February 1, 2002. With regard to Natural Gas/Petroleum, Senate Bill 49 removed the “grandfather clause” that exempted liquefied petroleum gas service franchises in existence on or before July 1, 1980 from the safety standards that apply to franchises that began operating after July 1, 1980. House Bill 736/ Senate Bill 687 prohibits a retail service station from selling motor fuel “below cost,” with certain exceptions. Additionally, House Bill 1186 requires that the grade designation of gasoline displayed on a sign advertising the retail price of motor fuel at a retail outlet be the same grade designation that is requires by the Comptroller for sale at the pump. Furthermore, House Bill 1365 requires an applicant for a journeyman natural gas fitter license to complete an approved training course relating to natural gas services and pass a State board examination. Concerning Utilities, Senate Bill 50 requires a person to obtain prior approval from the Public Service Commission to modify a power plant, to install pollution control equipment in order to comply with Phase II of the federal Clean Water Act, or to change operational methods. This act also requires a person to apply for a Certificate of Public Convenience and Necessity at least two years before constructing a generating station. In related legislation, House Bill 356 established a new approval process for the construction of a generating station that produces on-site generated electricity and would generate less than 70 megawatts. These generating stations no longer are required to have a Certificate of Public Convenience and Necessity. Also, Senate Bill 831 permits any undistributed balance in the Universal Service Program Fund on June 30, 2001, to remain in the Fund for disbursement through June 30, 2002, to customers who qualify for assistance from the Fund in fiscal 2001 and apply for assistance before July 1, 2001. The Electric Universal Service Program was originally created to assist low-income households. With regard to electric cooperatives, House Bill 454 exempts certain rural electric cooperatives from certain requirements and prohibitions related to the restructuring of the electric industry under the Electric Customer Choice and Competition Act of 1999. Senate Bill 524 also altered provisions of the Session Laws (Chapter 179 of 1976) related to electric cooperatives. It made changes to the allowable organization and structure of electric cooperatives and repeals a preferential fee schedule for filings made by electric cooperatives with the State Department of Assessments and Taxation. Lawmakers also enacted 52 measures pertaining to environmental issues. Half of these legislative measures focused on water-related issues. Relative to Water Quality & Conservation, for example, Senate Bill 16 established a graduated administrative civil penalty system for violations of drinking water provisions for public water systems. Concerning Water & Sewer Districts/Systems, Senate Bill 418 requires the owner or operator of any sanitary sewer system, combined sewer system, or

113 MARYLAND wastewater treatment plant to report to the Maryland Department of the Environment (MDE) any sewer overflow or treatment plant bypass that results in a direct or potential discharge of raw or diluted sewage into the surface waters or ground waters of the State. In addition, House Joint Resolution 9 and Senate Joint Resolution 7 provide for the approval of the Patuxent River Commission’s “1997 Addendum” as an amendment to the Patuxent River Policy Plan. The addendum addressed watershed management issues. Five other legislative measures in this category focused on rules and regulations governing the Washington Suburban Sanitary Commission. In the category of Coastal Zone Management, House Bill 200 specifies that the Department of Natural Resources (DNR) may use any general, special, State reimbursable or federal reimbursable funds appropriated in the budget for nonstructural shore erosion control. In addition, Senate Bill 830 prohibits a person from redepositing dredged material in an unconfined manner into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portion of any of the Chesapeake Bay’s tributaries except when used for a beneficial use project undertaken in accordance with State and federal laws. Also, House Bill 357 authorizes the Department of Natural Resources (DNR) to apply fishery management plans, separately or jointly, to the waters of the Chesapeake Bay and its tidal tributaries, the coastal bays and their tributaries, and the Maryland waters of the Atlantic Ocean. Various other legislative initiatives focused on licensing and regulations for catching crabs, striped bass, oysters, and finfish. Furthermore, House Bill 728 requires the Department of Natural Resources to establish a program to control the population of mute swans. In addition to Coastal Zone Management issues, lawmakers addressed Environmental Land Management issues. House Bill 681, for example, allows an individual to take a credit against the State income tax for conveyance of an easement in land to the Maryland Environmental Trust or the Maryland Agricultural Land Preservation Foundation for the purpose of preserving open space, natural resources, agriculture, forest land, watersheds, significant ecosystems, viewsheds, or historic properties if the easement is perpetual and is accepted and approved by the Board of Public Works. In addition, House Bill 1379 established a Maryland GreenPrint Program in the Department of Natural Resources (DNR). The purpose of the Program is to create a statewide green infrastructure network by acquiring property and property interests, including easements, in a manner that compliments existing conservation programs. Furthermore, House Bill 404 increased the maximum percentage from 75 to 100 percent of Program Open Space funds that a local government may spend on development projects once it has been certified by the Department of Natural Resources and the Maryland Department of Planning that it has attained its acreage acquisition goals. Relative to Hazardous Waste & Substance Management, House Bill 1422 authorized the Public Service Commission (PSC) to act on behalf of the U.S. Department of Transportation (DOT) to implement the federal Hazardous Liquid Pipeline Act with respect to intrastate pipelines in Maryland that carry hazardous liquids or carbon dioxide. In addition, House Bill 1163 amended provisions under the Lead Paint Poisoning Prevention Program in the Maryland Department of the Environment. Among other things, the legislation expanded the reporting requirements relating to blood tests for lead poisoning. In the related category of Environmental Health Services, House Bill 75 prohibits a marketer, with specified exceptions, from selling or providing a fever thermometer containing mercury to a consumer except by prescription beginning October 1, 2002. Beginning October 1, 2003, no primary or secondary school, with specified exceptions, will be allowed to use or purchase for use elemental or chemical mercury in a primary or secondary classroom. With regard to Air Quality, House Bill 10 requested the Virginia-Maryland-District of Columbia Joint Legislative Commission on Interstate Transportation to study the creation of a regional transportation authority. The Commission is tasked to review, among other things, the coordination of and

114 compliance with land use policies and air pollution control policies. Senate Bill 283 established a 20- member Task Force on Indoor Air Quality to study the nature, location, and extent of health and environmental risks posed to workers as a result of molds, spores, and other toxic organisms located in the heating, ventilation, and air conditioning (HVAC) systems of office buildings. Concerning Solid Waste issues, House Bill 481 prohibits the disposal of scrap tires except through a licensed scrap tire hauler or by delivering the tires to an approved facility. Two measures pertain specifically to Prince George’s County. House Bill 826 prohibits the district council of Prince George’s County from approving a special exception to construct or operate a rubble landfill at a site if an application for such an exception was previously denied on or after October 1, 1981. Also, House Bill 1154 prohibits the Secretary of the Environment from issuing any permit to construct or operate a transfer station in Prince George’s County for the disposal of solid waste within two miles of Bowie State University.

115 MARYLAND 116 Maryland Legislation Category Comparison

Energy Legislation

9 AED Alternative Energy Developments C&M Coal & Minerals 8 EE Energy Efficiency NG/P Natural Gas/Petroleum R/C Reorganization/Coordination 7 ST Severance Taxes U Utilities 6

3 Number of Bills Enacted Number of Bills Enacted

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

Number of Bills Enacted Number of Bills Enacted 4 3 2 1 0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

117 MARYLAND 118 Maryland Energy Legislation

Energy Efficiency Green Buildings Income Tax Credit (SB 745) This act provides for several State income tax credits for specified construction or rehabilitation costs of “green buildings” and green tenant space. It places an annual cap on the amount of credits that may be issued each year. Total credits that may be issued cannot exceed $25 million for the tax year 2003-2011 period. This measure applies to all taxable years beginning after December 31, 2002. Task Force to Study Lighting Efficiency and Light Pollution in Maryland (HJ 14) This joint resolution establishes a 23-member task force to study the cost, extent, causes, and consequences of current public lighting standards and policies, light pollution, and the benefits of alternative policies in Maryland. The Task Force to Study Lighting Efficiency and Light Pollution in Maryland must perform the following tasks: estimate the potential fiscal and energy costs and savings associated with the adoption of lighting practices that minimize inefficient lighting, light pollution, and energy waste;

l study and document the benefits of lighting to the public and the consequences of light pollution in Maryland;

l survey and document the technology and standards currently available to minimize light pollution; and

l prepare recommendations for public and private action to enhance lighting efficiency and minimize light pollution in Maryland. The Department of General Services must coordinate with other State agencies, including the University of Maryland, to provide professional and administrative support to the Task Force. A Task Force member may not receive compensation but is entitled to reimbursement for expenses under the Standard State Travel Regulations. The Task Force must issue a preliminary report of its findings and recommendations to the General Assembly by October 15, 2001. A final report is due by February 1, 2002.

Natural Gas/Petroleum Journeyman Natural Gas Fitters License (HB 1365) This legislation requires an applicant for a journeyman natural gas fitter license to complete an approved training course relating to natural gas services and pass a State board examination. Liquefied Petroleum Gas (SB 49) This act removes the “grandfather clause” that exempts liquefied petroleum gas service franchises in existence on or before July 1, 1980 from the safety standards that apply to franchises that began operating after July 1, 1980. This measure also clarifies that liquefied petroleum gas service installations must comply with the metering requirements detailed in the Public Utility Companies Article.

119 MARYLAND Motor Fuel Below Cost Sales (HB 736/SB 687) This act prohibits a retail service station from selling motor fuel “below cost,” with certain exceptions. It authorizes the State Comptroller to issue a stop sale notice or to revoke the offending station’s certificate of registration. Motor Fuel Grade Designation (HB 1186) This measure requires that the grade designation of gasoline displayed on a sign advertising the retail price of motor fuel at a retail outlet must be the same grade designation that is required by the Comptroller for sale at the pump.

Utilities Certificate of Public Convenience and Necessity (SB 50) This measure requires a person to obtain prior approval from the Public Service Commission to modify a power plant, to install pollution control equipment in order to comply with Phase II of the federal Clean Water Act, or to change operational methods. This act also requires a person to apply for a Certificate of Public Convenience and Necessity at least two years before constructing a generating station. “Person” is defined as an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity. Electric Cooperatives (SB 524) This act alters provisions of the Session Laws (Chapter 179 of 1976) related to electric cooperatives. It makes changes to the allowable organization and structure of electric cooperatives and repeals a preferential fee schedule for filings made by electric cooperatives with the State Department of Assessments and Taxation. The Department of Legislative Services must prepare draft legislation by January 1, 2002, that provides a nonsubstantive revision of Chapter 179 of 1976 and transfers that revision from the Session Laws to the Annotated Code of Maryland. Energy for Residential Condominiums - Exemptions (SB 14) This measure exempts from the sales and use tax sales of electricity, steam, or artificial or natural gas for use in residential condominiums. On-Site Generated Electricity Approval Process (HB 356) This legislation establishes a new approval process for the construction of a generating station that produces on-site generated electricity and will generate less than 70 megawatts. These generating stations will no longer be required to have a Certificate of Public Convenience and Necessity. Any electricity exported from these generating stations for sale, may only be sold on the wholesale market in accordance with an interconnection operation, and maintenance agreement with the local electric company. This act sets forth application and review requirements for the applicant and the Public Service Commission. This act also alters the definition of “on-site generated electricity” to the following meaning:

l electricity that is not transmitted or distributed over an electric company’s transmission/ distribution system; or

l electricity generated at a facility owned or operated by an electric customer or a designee, who with other tenants of the facility, consumes at least 80 percent of the power generated by the facility each year.

120 Meter Testing and Fees (SB 48) This act repeals the requirement that the Public Service Commission (PSC) maintain electric meter testing equipment. Payment in Lieu of Taxes (SB 95) This measure authorizes Cecil County to enter into a negotiated payment in lieu of property taxes agreement with the owner of an electric generating facility that locates in the county. The personal property of the facility will be included in the county’s assessable base for State aid purposes. Public Service Commission - Civil Penalties (HB 233) This legislation authorizes the Public Service Commission (PSC) to impose civil penalties, not to exceed $10,000, against any person who violates a provision of the Public Utilities Companies Article or a PSC rule, order, or regulation with specified exemptions. Each violation and each day a violation occurs is considered a separate offense. Small Rural Electric Cooperatives Exemptions (HB 454) This act exempts certain rural electric cooperatives from certain requirements and prohibitions related to the restructuring of the electric industry under the Electric Customer Choice and Competition Act of 1999. For a small rural cooperative to be exempt from these provisions, the cooperative must meet the following criteria:

l have less than 10 percent of its distribution territory within Maryland;

l maintain its principal place of business outside of Maryland; and

l be subject to, and conduct its operations within Maryland in compliance with, the laws of the State in which its principal place of business is located. This measure also provides that if a member of a small rural electric cooperative receives electricity or electricity services from another entity, that entity must be licensed under the electric industry restructuring licensing provisions. Universal Service Program Fund (SB 831) This legislation permits any undistributed balance in the Universal Service Program Fund on June 30, 2001, to remain in the Fund for disbursement through June 30, 2002, to customers who qualify for assistance from the Fund in fiscal 2001 and apply for assistance before July 1, 2001. The act also requires a report by the Public Service Commission and the Department of Human Resources by October 1, 2001. The Electric Universal Service Program was originally created to assist low-income households.

121 MARYLAND 122 Maryland Environmental Legislation

Air Quality Regional Transportation Authority Study (HB 10) This act requests the Virginia-Maryland-District of Columbia Joint Legislative Commission on Interstate Transportation to study the creation of a regional transportation authority. The Commission will review the following issues in its study:

l transportation project funding;

l transportation capacity, travel demands for all modes of travel by 2025, and strategies to reduce demand;

l transit alternatives;

l Potomac River crossings;

l coordination of and compliance with land use policies;

l air pollution control policies;

l the organizational structures, powers, and responsibilities of a regional transportation authority; and

l other issues relevant to a regional transportation authority. The Commissions must submit an interim report of its findings and recommendations to the legislatures and governors of Maryland and Virginia and the Mayor and Council of the District of Columbia, as well as the local government officials of the affected counties and municipal corporations, by December 1, 2001. A final report is due by December 1, 2002. Task Force on Indoor Air Quality (SB 283) This measure establishes a 20-member Task Force on Indoor Air Quality to study the nature, location, and extent of health and environmental risks posed to workers as a result of molds, spores, and other toxic organisms located in the heating, ventilation, and air conditioning (HVAC) systems of office buildings. The Task Force must make recommendations regarding the following issues:

l the prevention of workers’ HVAC-related illnesses;

l the institution of appropriate remedies and controls;

l a plan to provide educational information, and, as may be necessary, warnings to affected workers; and

l legislative or regulatory measures that are necessary and appropriate to address current gaps in federal, State, and local protection of office workers from HVAC-borne toxins. Members serve without compensation but are entitled to reimbursement for expenses under the Standard State Travel Regulations. The Maryland Department of the Environment, the Department of Health and Mental Hygiene, and the Department of Labor, Licensing, and Regulation must provide staff support for the Task Force. The Task Force must submit a final report of its findings and

123 MARYLAND recommendations to the Governor and the General Assembly by July 1, 2002. This act sunsets July 31, 2002.

Coastal Zone Management Chesapeake Bay Maritime Museum (HB 811) This act authorizes the creation of a State Debt not to exceed $300,000, the proceeds to be used as a grant to the Board of Governors of the Chesapeake Bay Maritime Museum, Inc. for the planning, design, construction, and capital equipping of new buildings, and for the repair, renovation, and reconstruction of existing facilities and exhibits. This includes Marine Railway and Vessels, at the Chesapeake Bay Maritime Museum in Talbot County, subject to a matching fund requirement. Crabs - Restrictions on Harvesting and Requirements for Regulations (HB 1021) This measure requires the Department of Natural Resources (DNR) to adopt regulations requiring each commercial crab licensee to declare a Sunday or Monday as a day off for the license year. This declared day off must be clearly displayed on the individual’s license and vessel. This act provides for certain holiday weekend exemptions to the day off provisions and permits DNR to adopt regulations that allow the department discretion to establish alternate days off for a licensee other than a Sunday or Monday. The DNR may restrict licensees from crabbing on certain days of the week. To the extent possible, these restrictions must be based on considerations that may not discriminate unfairly among groups of fishermen or have allocation as its sole purpose. Dredge Spoil (HB 527) This legislation directs the Governor to appoint a 10-member Cox Creek Citizens Oversight Committee to perform the following tasks:

l monitor the redeposit of Anne Arundel County tributary spoil and other spoil in the Cox Creek Area;

l hear and dispose of complaints lodged by individual affected by the redeposit of such spoil; and

l appoint a member to serve as a liaison to the Innovative Use Advisory Council. Dredged Material Management (SB 830) This act prohibits a person from redepositing dredged material in an unconfined manner into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portion of any of the Chesapeake Bay’s tributaries except when used for a beneficial use project undertaken in accordance with State and federal laws. Dredged material may be redeposited in contained areas approved by the Maryland Department of the Environment (MDE). Beginning October 1, 2001, a person may redeposit up to 7.4 million cubic yards of dredged material into or onto any portion of the water, bottomland, or the tidewater portions of the Chesapeake Bay collectively known as Pooles Island. Such redeposit may not occur after the sooner of December 31, 2010, or the initiation of the placement of dredge material in a specified site or sites. The act establishes an eight-member executive committee to provide oversight in the development of the State of Maryland’s plans for dredged material management. Two of the members must be invited by the Governor to serve on the committee. The committee must submit a report to the General Assembly by December 31, 2001 on the implementation of this measure. The committee must submit a

124 report by December 31, 2002 on recommendations for a strategic long-term dredged material management plan for Maryland. Fishery Management Plans (HB 357) This measure authorizes the Department of Natural Resources (DNR) to apply fishery management plans, separately or jointly, to the waters of the Chesapeake Bay and its tidal tributaries, the coastal bays and their tributaries, and the Maryland waters of the Atlantic Ocean. The Secretary may not prohibit the use of pound net sites in the coastal bays that are registered with DNR as of January 1, 2000. This act also provides that the regulations to implement a fisheries’ management plan for the coastal bays may not become effective until DRN holds public hearings in Worcester County. In addition, DNR is required to develop a fishery management plan for hard shell clams. Limited Fishing Guide License (HB 1341) This legislation provides that a person may not accept any consideration for services as a fishing guide licensed pursuant to this act unless the person and all persons being guided possess an angler’s license or a Chesapeake Bay sport fishing license. A recreational angler under the guidance of a limited fishing guide in tidal waters may not catch or possess striped bass in specified tidal waters and, from March 1 through May 31, catch or attempt to catch striped bass in spawning areas and rivers. This measure also specifies a license fee of $50 for residents and $100 for nonresidents. All fees must be used for monitoring the freshwater fishery. The Department of Natural Resources must publicly report the amounts collected under this act each year. Methods for Catching Oysters and Spat (HB 921) This act requires the Department of Natural Resources to adopt regulations that allow the use of suspended devices and material devices placed on the bottom to catch oyster spat for use on a leased oyster bottom by a lessee. The measure also modifies a current provision relating to catching oyster spat by suspended means by providing that, in accordance with regulations, a lessee may catch spat using cultch material on strings, trays, bags, or similar devices so long as they do not interfere with navigation. This act also modifies current provisions relating to the use of specified methods for catching oysters or clams. In addition, this legislation repeals the provision that allows the use of cultch material suspended on strings, in trays, in bags, or similar devices for catching oysters or clams. Mute Swans Management (HB 728) This measure requires the Department of Natural Resources to establish a program to control the population of mute swans. The program may include the managed harvest of adult mute swans and the solicitation of licensed hunters to participate in the managed harvest. Power Dredging for Oysters (HB 732) This legislation corrects technical errors in provisions of current law relating to power dredging for oysters and oyster sanctuaries. Prohibited Species of Crabs (HB 319) This act authorizes the Department of Natural Resources (DNR) to adopt regulations that limit or prohibit the importation, use, catching, or possessing of specified nonnative crab species (the green crab, the Japanese shore crab, and the Chinese mitten crab). Recreational and Commercial Crabbing (HB 772) This measure requires an individual who uses specified gear to catch or possess crabs in the waters of the Chesapeake Bay and its tidal tributaries for recreational purposes to obtain a recreational crabbing license. In addition, this measure contains the following provisions:

125 MARYLAND l provides specified exceptions to the licensing requirement;

l establishes restrictions on gear that may be used for catching crabs for recreational purposes; and

l establishes limits on the number of hard crabs, peelers, and soft crabs that licensed and unlicensed individuals may catch or possess. Shore Erosion Control Construction Loan Fund (HB 200) This legislation specifies that the Department of Natural Resources (DNR) may use any general, special, State reimbursable or federal reimbursable funds appropriated in the budget for nonstructural shore erosion control. The act also modifies the allowable uses of the Shore Erosion Control Construction Loan Fund by providing that, in addition to interest-free loans, the fund may be used to provide grants. This measure also allows any type of funds to be appropriated for maintenance of the Fund. Tidal Fish License Exemption (HB 445) This act exempts a person who catches or sells specified finfish for use as live bait from obtaining a commercial tidal fish license from the Department of Natural Resources (DNR). This act also quires DNR to conduct a study of bait fish harvested and sold in the State to determine the impact of harvesting bait fish on the Chesapeake Bay. DNR must report on the study to the General Assembly by December 1, 2002, and include recommendations for the management or regulation of bait fish harvested or sold in the State. Vessel Operation Regulations (HB 73) This measure requires the Department of Natural Resources (DNR) to adopt regulations prohibiting the operation of personal watercraft (PWC) above idle speed in any area of water with a depth of less than 18 inches. The act also authorizes DNR to adopt regulations limiting the use of PWCs in any area of water with a depth of less than one meter.

Environmental Health Services Mercury and Products That Contain Mercury (HB 75) This act prohibits a marketer, with specified exceptions, from selling or providing a fever thermometer containing mercury to a consumer except by prescription beginning October 1, 2002. Beginning October 1, 2003, no primary or secondary school, with specified exceptions, may use or purchase for use elemental or chemical mercury in a primary or secondary classroom. The act requires the Maryland Department of the Environment (MDE) to provide outreach assistance to schools and to implement a public education, outreach, and assistance program relating to mercury in the environment. Beginning October 1, 2003, all State agencies must give “preference” to products and equipment that are mercury free or contain the least amount of mercury necessary to meet performance standards. The measure also establishes reporting requirements for MDE and the Children’s Environmental Heath and Protection Advisory Council. Statewide Swift Water Flood Rescue Plan (HB 1076) This measure requires the Maryland Emergency Management Agency (MEMA), with the assistance of a task force or committee to develop and submit to the Governor and the General Assembly a report that evaluates the current swift water flood response capabilities in the State and recommends police and procedures for a statewide swift water flood rescue plan. This act outlines the requirements of the report and requires that it be submitted by December 1, 2001.

126 Watershed Police Force (HB 538) This legislation expands coverage of the Law Enforcement Officers’ Bill of Rights to members of the Baltimore City Watershed Police Force. Their primary responsibility is patrolling the watershed to enforce laws and ordinances relating to hunting and fishing practices within the watershed.

Environmental Land Management Capital Park and Planning Commission (HB 845) This act requires the Maryland-National Capital Park and Planning Commission to adopt uniform standards for reviewing changes to public property located in the Maryland-Washington Metropolitan District after appropriate public hearings. The act requires the Commission to publish, in a newspaper of record that is published in each county, the following items:

l a notice of the adoption of the standards;

l the purpose of the standards and the review process; and

l a contact phone number regarding the standards. Chesapeake Beach Railway Trail (SB 866) This measure authorizes the creation of a State Debt in the amount of $250,000, the proceeds to be used as a grant to the Mayor and Town Council of the Town of Chesapeake Beach for the planning, design, and construction of facilities for the Chesapeake Beach Railway Trail. This recreational trail will include paved trails, timber walkways, and bridges. Cover Crop Cost Share Program (HJ 7/SJ 12) This joint resolution urges the Governor to recognize the vital significance of the Cover Crop Cost Share Program to the environmental and economic well-being of the State by expanding the geographic area covered under the program to include the entire State and by including a sufficient amount in the annual State budget to fund that objective. The Maryland Department of Agriculture (MDA) is urged to explore the availability of federal funding for the program. Credit for Preservation and Conservation Easements (HB 681) This legislation allows an individual to take a credit against the State income tax for conveyance of an easement in land to the Maryland Environmental Trust or the Maryland Agricultural Land Preservation Foundation for the purpose of preserving open space, natural resources, agriculture, forest land, watersheds, significant ecosystems, viewsheds, or historic properties if the easement is perpetual and is accepted and approved by the Board of Public Works. This act applies to all taxable years beginning after December 31, 2000. Echo Hill Outdoor School Improvements (HB 566) This act authorizes the creation of a State Debt in the amount of $300,000. The proceeds will be used as a grant to the Board of Directors of Echo Hill Outdoor School, Inc. for the construction of an addition to Harris Hall, construction and capital equipping of an agricultural demonstration area including a barn, renovation of staff housing facilities, and renovation of nature preserve facilities. Disbursement of the loan proceeds are subject to a requirement that the grantee provide a matching fund. Fort Washington and Fort Foote Parks (SB 597) This measure authorizes the creation of a State Debt not to exceed $100,000, the proceeds to be used as a grant to the National Park Service for the restoration, renovation, and capital equipping of Fort Washington and Fort Foot Park and related facilities, located in Prince George’s County.

127 MARYLAND GreenPrint Program (HB 1379) This legislation establishes a Maryland GreenPrint Program in the Department of Natural Resources (DNR). The purpose of the Program is to create a statewide green infrastructure network by acquiring property and property interests, including easements, in a manner that compliments existing conservation programs. The Program will be funded as provided in the State budget. With specified exceptions, DNR may use Program funds to acquire real property interests in the network and provide grants to local governments and land trusts to acquire real property interests in the network. DNR must identify areas that form the green infrastructure network, publish the results, and periodically review and update the identification of the network. DNR must submit plans for any purchase involving over $2 million to specified committees of the General Assembly for review and comment. DNR must report on expenditures made through the Program to the Governor and the General Assembly by November 1 of each year. This act sunsets June 30, 2006. Heritage Areas Authority Financing Fund (HB 1260) This act extends the termination date, from September 30, 2001, to September 30, 2006, relating to the authority of the Maryland Heritage Areas Authority to use Program Open Space funds to pay its operating expenses and debt service on its bonds. Inclusion of Smaller Farms (HB 131) This measure requires the Maryland Agricultural Land Preservation Foundation to provide in its regulations and criteria relating to the establishment of agricultural districts that, as long as all other criteria are met, land that is at least 50 acres in size will qualify for inclusion in an agricultural district. Office of Smart Growth (SB 204) This legislation establishes an Office of Smart Growth as part of the Executive Department. The purpose of this act is to establish a centralized office in the State such that the policy of Smart Growth can be better articulated, coordinated, and implemented in order to better serve the residents of the State. The Office must perform the following duties:

l review State assistance programs related to Smart Growth to determine their applicability to projects that are consistent with the State’s Smart Growth policy;

l promote interagency consensus and cooperation on projects that are consistent with the State’s Smart Growth policy and resolve conflicting agency positions on projects in an expedited manner;

l provide advisory and technical assistance to local jurisdictions and to the public in preparing, financing, and developing Smart Growth and Neighborhood Conservation projects;

l gather and disseminate information to the public, including local jurisdictions, nonprofit organizations, and developers on how to develop projects that are consistent with the State’s Smart Growth policy;

l provide a single point of access for members of the public who need assistance or guidance in navigating the processes and regulations of State agencies on projects that are consistent with the State’s Smart Growth policy;

l work with local governments in expediting review of projects that both the local government and the State agree are consistent with the State’s Smart Growth policy;

128 l provide effective public information on Smart Growth programs and educational activities;

l coordinate the effort of the Executive Branch to provide input to the General Assembly on legislation that concerns Smart Growth and Neighborhood Conservation;

l coordinate review of federal projects in relation to their location in priority funding areas to encourage compliance with federal Executive Order 12072, which directs federal agencies to locate facilities in urban areas;

l in coordination with the Smart Growth Subcabinet, which is established by the act, recommend to the Governor changes to State law and regulations necessary to advance the policy of Smart Growth; and

l report to the Governor and the General Assembly by December 1, 2001 and December 1 annually thereafter on the activities of the office and the implementation of Smart Growth projects in the preceding calendar year. This measure provides that the head of the office is the Special Secretary of Smart Growth, who is appointed by the Governor. The Special Secretary is entitled to the salary provided in the State budget. The Special Secretary may adopt regulations necessary to implement this act. This legislation also establishes a 12-member Smart Growth Subcabinet to perform the following duties:

l provide a forum for discussion of interdepartmental issues;

l work together using all available resources to promote the understanding of Smart Growth;

l in coordination with State agencies, evaluate and report annually to the Governor and the General Assembly on the implementation of the State’s Smart Growth policy; and

l perform other duties assigned by the Governor. The Special Secretary will chair the subcabinet, and the office must provide the primary staff support for the subcabinet. The Secretary of Planning will be the vice-chair of the subcabinet. The Special Secretary and the Secretary of Planning may call upon any of the subcabinet members to provide additional staff assistance as needed. Program Open Space (HB 404) This legislation increases the maximum percentage from 75 to 100 percent of Program Open Space funds that a local government may spend on development projects once it has been certified by the Department of Natural Resources and the Maryland Department of Planning that it has attained its acreage acquisition goals. This act sunsets September 30, 2006. Right to Farm (SB 578) This act authorizes Garrett County Commissioners to adopt an ordinance or regulation, or take any other action considered necessary, to protect a person’s right to farm or engage in agricultural or forestry operations. The commissioners must first hold a public hearing and provide reasonable notice of the hearing. Sediment and Erosion Control (HB 1066) This act provides that the Maryland Department of the Environment (MDE), by contractual agreement, may authorize a soil conservation district to inspect sites for compliance with approved

129 MARYLAND sediment control plans. A district may establish a fee system providing for the assessment and collection of inspection fees on all sites in the district with approved plans. The fees must be based on the reasonably anticipated cost of inspections to be performed under the contractual agreement. MDE may not authorize a district to inspect sites over which a county or municipality has been delegated enforcement authority. A district will not assess and collect fees in a jurisdiction that has been delegated enforcement authority by MDE. Stormwater Management Facilities (SB 880) This measure prohibits, in Anne Arundel and Calvert counties, a person from constructing a public or private stormwater management facility on property zoned for residential use for the purpose of the treatment or management of stormwater discharged from a commercial or industrial site that is located within one-half mile from the shoreline of the Chesapeake Bay or of its tidal tributaries. The prohibition does not apply to a public or private stormwater management facility, the construction of which began on or before January 1, 2001, or to a stormwater management facility constructed by or on behalf of a State or county agency. The local legislative body must enforce this act. By January 1, 2002, the Department of Natural Resources, in consultation with the Department of Planning, must submit a specified report to the County Executive and County Council of Anne Arundel County.

Hazardous Waste & Substance Management Hazardous Liquid Pipelines (HB 1422) This act authorizes the Public Service Commission (PSC) to act on behalf of the U.S. Department of Transportation (DOT) to implement the federal Hazardous Liquid Pipeline Act with respect to intrastate pipelines in Maryland that carry hazardous liquids or carbon dioxide. To carry out this duty, the PSC will make period certifications and reports to the DOT and take any other actions deemed necessary. Lead Poisoning Protection (HB 1163) This legislation amends provisions under the Lead Paint Poisoning Prevention Program in the Maryland Department of the Environment with the following additions:

l expanding the requirements of landlords;

l modifying current provisions regarding the assessment of penalties related to violations of registration requirements; and

l expanding reporting requirements relating to blood tests for lead poisoning. This measure also establishes administrative penalties for violation of the blood test reporting requirements and modifies the membership of the Lead Poisoning Prevention Commission.

Pollution Control Citizens’ Committee (SB 276) This measure creates an 11-member Citizens’ Committee for the Enhancement of Communities Surrounding Baltimore-Washington International Airport. It directs the Committee to perform the following tasks:

l evaluate livability issues that affect communities in the most recent certified noise zone or within two miles of the noise zone;

130 l develop projects to address transportation issues that affect livability; and

l make recommendations to the Secretary of Transportation for project funding. The act requires the Secretary to consider the Committee’s recommendations and permits the Secretary to make grants-in-aid to fund recommended projects. The Secretary must identify in the Department’s annual budget an amount designated for such grants-in-aid, and in doing so must consider the number of aircraft operations for the most recent available calendar year. The budget amount must be equal to at least $1 for every takeoff and landing of an aircraft at the airport. This measure also requires the Maryland Aviation Administration to provide staff support to the Committee.

Reclamation Statement of Employment and Financial Interests (HB 984) This measure requires members of the Land Reclamation Committee to file a U.S. Department of the Interior State Employee Statement of Employment and Financial Interests.

Solid Waste Rubble Landfills - Special Exceptions (HB 826) This act prohibits the district council of Prince George’s County from approving a special exception to construct or operate a rubble landfill at a site if an application for such an exception was previously denied on or after October 1, 1981. This act also requires a three-fourths majority vote of the district council to approve a special exception to construct or operate a rubble landfill in the county. Scrap Tire Disposal (HB 481) This measure prohibits the disposal of scrap tires except through a licensed scrap tire hauler or by delivering the tires to an approved facility. This act also provides criminal penalties for persons who violate these procedures. The Attorney General will represent the State in each case arising from this act. Waste Transfer Stations (HB 1154) This legislation prohibits the Secretary of the Environment from issuing any permit to construct or operate a transfer station in Prince George’s County for the disposal of solid waste within two miles of Bowie State University. The measure also prohibits a person from constructing or operating a transfer station in Prince George’s County for the disposal of solid waste within two miles of Bowie State University. This act does not apply to the operation, construction, reconstruction, replacement, expansion or material alteration or extension of a transfer station that was operating on January 1, 2000. In addition, this act does not prohibit the issuance of a permit that is necessary for the operation, construction, reconstruction, replacement, expansion, or material alteration or extension of a transfer station that was operating on January 1, 2000.

Water & Sewer Districts/Systems Benefit Assessments and Connection Charges (HB 431) This legislation allows a sanitary commission in Allegany County to set reasonable benefit assessments to pay the cost of capital improvements to a water or sewerage system.

131 MARYLAND Connection to Public Systems (HB 1308) This act authorizes the Board of County Commissioners of Carroll County to establish a continuing revolving fund to assist property owners not eligible for State or federal assistance but who meet Board defined criteria to facilitate connection to public water and sewerage systems. Funds can be used to pay for municipal connection fees, well closures, electrical upgrades, and similar charges. Property owners who receive county assistance will repay the fund by charges added annually to their property tax bill. The Board must impose a lien in the amount paid by the Board on the owner’s behalf on the property benefiting from the connection to public water and sewerage systems. Patuxent River Watershed - Amendment of Policy Plan (HJ 9/SJ 7) This joint resolution provides for the approval of the Patuxent River Commission’s “1997 Addendum” as an amendment to the Patuxent River Policy Plan. The Policy Plan was originally adopted in 1984. The Commission contends that a significant increase in development within the watershed has resulted in the loss of forest cover, agricultural land, open space, and wildlife habitat as well as an increase in impervious surface area, which has contributed to increased levels of nutrient and sediment pollution in the Patuxent River. In November 1997, the Commission adopted an addendum, known as the 1997 Addendum, as an amendment to the Policy Plan in order to address these issues and the future management of the watershed. Sanitary Sewer Overflows - Reporting Requirements (SB 418) This legislation requires the owner or operator of any sanitary sewer system, combined sewer system, or wastewater treatment plant to report to the Maryland Department of the Environment (MDE) any sewer overflow or treatment plant bypass that results in a direct or potential discharge of raw or diluted sewage into the surface waters or ground waters of the State. The report must be made by telephone as soon as practicable but no later than 24 hours after the time that the operator or owner became aware of the event. Within five calendar days after the notification, the owner or operator must provide MDE with a written report regarding the incident. Unpaid Sewerage Charges - Disconnection of Water Service (HB 1244) This measure authorizes a political subdivision to disconnect water service for a property if a bill for sewerage service is unpaid for 30 days after being sent. The political subdivision must provide notice by mail to the last known address of the owner of the property or post the notice on the premises prior to disconnecting water service. The act also authorizes a political subdivision to disconnect water service to a property if notified by another political subdivision of unpaid sewerage service. A political subdivision is authorized to require full payment of the sewerage bill plus a reconnection charge reasonably related to the cost of reconnection as established by regulation. The provisions of this measure do not preclude any political subdivision from using any other procedure available to collect unpaid sewerage charges. Current law dealing with unpaid sewerage charges and the disconnection of water service by the Garrett County Sanitary Commission is repealed. This repeal may not be construed to have any effect on any action taken or initiated by the Garrett County Sanitary Commission in collecting unpaid charges or disconnecting water service. Washington Suburban Sanitary Commission - Contracting Authority (HB 890) This measure alters the contracting authority and the revenue bond authority of the Washington Suburban Sanitary Commission (WSSC). More specifically, this act contains the following provisions:

l expands the contracting authority of the (WSSC) to enter into public/private partnership currently not authorized by law;

132 l expands the products, services, technology, expertise, and intellectual property that the WSSC may sell, lease, or license;

l authorizes the WSSC to issue revenue bonds in any amount with a maturity not to exceed 50 years;

l requires that projects, contracts, or transactions utilizing revenue bonds will be entered into only through the use of a limited liability company, limited liability partnership, limited partnership, or other comparable limited liability entity or arrangement;

l authorizes the WSSC to finance initial program development costs or other project costs for public/provide partnership contracts and agreements from funding sources other than revenue bond proceeds only if those costs are reimbursed from project revenues;

l provides that funding of initial program costs may not, in any year, exceed an amount equal to 3 percent of the gross revenues of the WSSC from water consumption charges and sewer charges for the immediately proceeding fiscal year; and

l provides that any net revenues earned from projects and contracts entered be used to stabi- lize or reduce rate and reduce debts. Washington Suburban Sanitary Commission - District Court Jurisdiction (HB 846) This legislation clarifies that the District Court has exclusive original civil jurisdiction in a proceeding for adjudication of a Washington Suburban Sanitary Commission (WSSC) infraction concerning WSSC regulations governing required permits for utility construction. Washington Suburban Sanitary Commission - Local Small Business Enterprise (SB 828) This act authorizes the Washington Suburban Sanitary Commission (WSSC) to establish, by regulation or resolution, a local small business enterprise program. The WSSC may establish a sheltered market or other appropriate preference or assistance for the award of construction contracts or the procurement of goods and services. The WSSC must establish participation criteria and administrative procedures for the program. In addition, the WSSC must establish criteria for graduation from the program for firms that WSSC determines no longer need the assistance or benefits of the program. Washington Suburban Sanitary Commission - Minority Business Enterprise Program (HB 841) This measure changes the graduation criteria for the Washington Suburban Sanitary Commission (WSSC) minority business enterprise program from a fixed period (five years, with a two-year extension under certain circumstances) to a determination by the WSSC that the firm no longer needs the assistance or benefits of the program. Washington Suburban Sanitary Commission - Nondiscrimination Policy (HB 855) This legislation prohibits the Washington Suburban Sanitary Commission (WSSC) from discriminating against any person on the basis of sex, race, creed, color, age, mental or physical disability, sexual orientation, or national origin. In addition, the measure prohibits the WSSC from awarding a design/ build or construction contract unless it contains provisions obligating the contractor not to discriminate and to include a nondiscrimination clause in all subcontracts.

133 MARYLAND Water Supply Requirements - Subdivisions (SB 539) This act excludes specified parcels of lands in Carroll County from specified requirements relating to water supply and sewerage systems by modifying the definition of “subdivision.” Specifically, in Carroll County, “subdivision” does not include the following items:

l any division of land into parcels of more than three acres if the division is for agricultural purposes and does not involve any new street or easement access; or

l a remainder parcel of land of 25 acres or more that exists as a result of the division of a large parcel into at least two smaller parcels provided that any occupied dwelling on the remainder parcel is serviced by a properly functioning sewerage disposal system and potable water supply.

Water Quality & Conservation Drinking Water Provisions - Violations (SB 16) This act establishes a graduated administrative civil penalty system for violations of drinking water provisions for public water systems. The maximum administrative civil penalty that may be imposed by the Maryland Department of the Environment (MDE) is based on the population of the area being served by a supplier of water.

134 Mississippi Introduction The Mississippi Legislature passed 38 measures in the 2001 session relating to energy and environmental matters. Six of these measures concern energy issues. Most of the energy legislation focused on Natural Gas/Petroleum issues. House Bill 757, for example, revised state motor carrier fuel tax laws to conform to the International Fuel Tax Agreement. In other legislation, House Bill 664 revised certain standards concerning the regulation of liquefied petroleum and compressed gas industry. In the category of Severance Taxes, Senate Bill 2680 provides that, until Fiscal Year 2005, all of the State’s share of oil and gas severance taxes will be appropriated for the support of the Minimum Education or Adequate Education Program. The legislature also enacted 32 measures relating to a variety of environmental issues. Many bills focused on water quality and water management. House Bill 1338 under Water Quality & Conservation, for example, authorizes any county to construct a dam or low-water control structure on lakes or bodies of water located partially within and partially without the boundaries of the county. The act also authorizes such a county to contract with a federal agency to sponsor a project for the environmental restoration of such a lake or body of water. In a different measure focusing on cross connections, House Bill 692 provides that certain cross connections are considered low hazard cross connections posing very low risk and will not be required to have a backflow preventer device. However, any lawn sprinkler or irrigation system that is connected to a public water system and either injects or stores lawn chemicals or is connected to a wastewater supply will be considered as a high hazard cross connection and not exempt from the requirements. With regard to Water & Sewer Districts/Systems, House Bill 1225 amended the Mississippi On-Site Waste Water Disposal Law to require wastewater disposal system installers to provide proof of having a public liability insurance policy in order to be certified. In the category of Environmental Land Management, SCR 574 created a joint special study task force to study and make recommendations regarding a comprehensive and strategic economic development forestry initiative. In addition, House Bill 371 authorized the issuance of general obligation bonds of the State of Mississippi for the purpose of providing funds for the Mississippi Land, Water and Timber Resources Fund. With regard to Reclamation, House Bill 1427 revised the State’s surface coal mining and reclamation law concerning abandoned mine lands. Senate Bill 2593, in the category of Environmental Health Services, served to make State law conform to the Federal Migratory Bird Treaty Act. Other legislation focused on waste management and pollution control. In the category of Hazardous Waste & Substance Management, Senate Bill 2772 makes it a felony offense for any person to purposely or recklessly dispose of any hazardous waste that contaminates a drinking water source or to otherwise dispose of hazardous waste in a manner that would knowingly place another person in imminent danger of death or serious bodily injury. With regard to Solid Waste, House Bill 483 revised the allocation and uses of the waste tire fee funds. In another fee related measure, Senate Bill 2769 in the category of Pollution Control revised the fees for the registration of pesticides with the Department of Agriculture. The act also provided a fee rebate for pesticide manufacturers benefiting employment in Mississippi.

135 MISSISSIPPI 136 Mississippi Legislation Category Comparison

Energy Legislation

5 AED Alternative Energy Developments C&M Coal & Minerals EE Energy Efficiency NG/P Natural Gas/Petroleum 4 R/C Reorganization/Coordination ST Severance Taxes U Utilities

2 Number of Bills Enacted Number of Bills Enacted

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

7 AQ Air Quality CZM Coastal Zone Management EA Environmental Audits 6 EHS Environmental Health Services ELM Environmental Land Management HW&SM Hazardous Waste & Substance 5 Management LLRW Low-Level Radioactive Waste PC Pollution Control R Reclamation 4 R/C Reorganization/Coordination SW Solid Waste WSD/S Water & Sewer Districts/Systems 3 WQ&C Water Quality & Conservation

Number of Bills Enacted Number of Bills Enacted 2

0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

137 MISSISSIPPI 138 Mississippi Energy Legislation

Natural Gas/Petroleum Friars Point (HB 1708) This measure authorizes the governing authorities of the Town of Friars Point to operate its natural gas distribution system within certain areas outside the corporate limits of the town. Liquefied Petroleum/Compressed Gas (HB 664) This legislation revises certain standards concerning the regulation of the liquefied petroleum and compressed gas industry. Motor Carrier Fuel Tax (HB 757) This act revises laws to conform to the International Fuel Tax Agreement (IFTA). Specifically, this act contains the following provisions:

l provides for the issuance and revocation of licenses under the IFTA;

l designates when motor carrier fuel tax reports are timely filed;

l deletes references to refunds and certain administrative provisions;

l specifies the procedure for use of credits on reports filed under the IFTA;

l deletes references to credit certificates and minimum purchases;

l changes the record retention period from three to four years;

l includes references to persons licensed under the IFTA;

l provides for the assessment of taxes and provides a 3-year limitation period for assessment of taxes;

l provides that an agreement entered into under the IFTA will not restrict the state in certain matters and to provide that the State Tax Commission may participate in data clearing- houses for the exchange of information;

l provides administrative procedures for the assessment of interest and penalties under the motor carrier fuel tax laws;

l provides for the refund of taxes erroneously collected under the motor carrier fuel tax laws; and

l provides for appeals of acts and orders of the State Tax Commission under the motor carrier fuel tax laws. Municipal Gas Authority (SB 3001) This measure authorizes the Board of Commissioners of the Municipal Gas Authority of Mississippi to participate and vote in meetings via telecommunications or electric means and to provide that such meetings will be subject to the open meetings law.

139 MISSISSIPPI Sales Tax (HB 756) This legislation provides that the 1½ percent industrial sales tax rate will apply to fuel sold to a producer for use directly in the production of domesticated fish, domesticated fish products and marine aquaculture products.

Severance Taxes State’s Share of Oil and Gas Severance Taxes (SB 2680) This act provides that until Fiscal Year 2005, all of the State’s share of oil and gas severance taxes will be appropriated for the support of the Minimum Education or Adequate Education Program. This act also creates a special fund called the Budget Contingency Fund.

140 Mississippi Environmental Legislation

Coastal Zone Management Brill Nets (SB 2693) This legislation revises brill net requirements. It makes it unlawful to use brill and cast nets greater than 12 feet in radius in the marine waters of the State. Coastal Wetlands (HB 727) This measure deletes an incorrect reference in law authorizing a performance bond for conducting activities on coastal wetlands. Nongame Fish (SB 2842) This act classifies gizzard shad and threadfin shad as nongame gross fish. Paddlefish (SB 2851) This measure provides a penalty for any person who violates a law established for the protection of paddlefish or who commits waste by discarding paddlefish into the waters of this State.

Environmental Health Services Conservation Officers (SB 2980) This legislation revises the education requirements for qualification as a conservation officer. In addition to requirements established by current law, a conservation officer must have successfully completed 64 semester hours at an accredited community college or university or has an associate degree from an accredited community college or has passed the Law Enforcement Academy and has at least five years experience in law enforcement. Federal Migratory Bird Treaty Act (SB 2593) This act conforms state law to the Federal Migratory Bird Treaty Act. Hunting (SB 2762) This measure authorizes the Commission on Wildlife, Fisheries and Parks to suspend or revoke the hunting privileges of a person who is appealing from a violation of headlighting deer. Pearl River Basin Development District (HB 1029) This legislation makes certain clarifying amendments to current law regarding the Pearl River Basin development District. The District is a flood control district. This act defines “necessary improvements, property or facilities” as any improvement, property or facility for a project that is required by the project plan or which may increase the financial or economic viability of a project. In addition, the District will pay to the property owner fair market commercial value for any sand, dirt or gravel acquired, regardless of whether the property owner has been commercially selling any sand, dirt or gravel before the date of acquisition.

141 MISSISSIPPI Environmental Land Management Land, Water and Timber Resources Fund (HB 371) This act authorizes the issuance of general obligation bonds of the State of Mississippi for the purpose of providing funds for the Mississippi Land, Water and Timber Resources Fund. In addition, this measure deletes the requirement that monies in the Fund be appropriated in order to be expended. Purchase of Property (HB 1157) This measure authorizes the Department of Finance and Administration, acting on behalf of the Mississippi Forestry Commission, to purchase certain real property and the improvements thereon, located in Greene County, Mississippi. Sale of Property (SB 2265) This legislation authorizes the Department of Wildlife, Fisheries and Parks, acting through the Department of Finance and Administration, to sell and convey to the Veterans of Foreign Wars, Post 9122, certain state-owned land located in Simpson County. Sale of Timber (SB 2938) This act prescribes a procedure for the management of sale of timber or other forest products on sixteenth section forest land in the event the local school board is divested of authority due to a conflict of interest. Task Force to Develop Strategic Forestry Initiative (SCR 574) This measure creates a joint special study task force to study and make recommendations regarding a comprehensive and strategic economic development forestry initiative. The task force will make a written report of its findings and recommendations, and will mail copies of the report to each member and member-elect of the Legislature not later than December 1, 2001. Transfer of Land (SB 2893) This legislation requires the Department of Corrections to transfer to the Department of Wildlife, Fisheries and Parks for the consideration to a certain amount real property located in Quitman County, Mississippi, also known as the O’Keefe Division Lands. It authorizes the Department of Wildlife Fisheries and Parks to acquire such property and to pay the consideration therefor out of any funds available. Soil and Water Conservation Commission (SB 3010) This act authorizes the Soil and Water Conservation Commission to purchase used heavy machinery at public auction. It also provides an exemption to purchasing laws for such equipment purchased at public auction.

Hazardous Waste & Substance Management Hazardous Waste from the Manufacture of Controlled Substances (SB 2772) This measure makes unlawful the generation of wastes occurring in the illegal manufacture of controlled substances through the mixing, combining, processing or cooking of listed precursor chemicals. Any person who violates this act, upon conviction, is guilty of a felony and may be imprisoned for a period not to exceed 30 years and will be fined not less than $5,000 nor more than $1 million, or both fine and imprisonment.

142 In addition, the legislation makes it a felony offense for any person to engage in the following activities:

l purposely or recklessly dispose of any hazardous waste that contaminates a drinking water source to the extent that it is unsafe for human consumption, as determined by the Commis- sion on Environmental Quality; or

l purposely or reckless dispose of any hazardous waste that would knowingly place another person in imminent danger of death or serious bodily injury. Upon conviction, a person would be subject to the following penalties: imprisonment for not less than one year nor more than 10 years; fines of not less than $5,000 for each day of violation nor more than $50,000 for each day of violation; or both. The fines must not exceed $1 million.

Pollution Control Agricultural Pesticides (SB 2769) This legislation revises the fees for the registration of pesticides with the Department of Agriculture. This act also provides a fee rebate for pesticide manufacturers benefiting employment in Mississippi. In addition, it provides that the Department of Agriculture may contract with the Department of Environmental Quality for a groundwater monitoring program.

Reclamation Abandoned Mine Reclamation (HB 1427) This act revises Mississippi’s surface coal mining and reclamation law. Specifically, this act contains the following provisions:

l includes a state program for abandoned mine reclamation in the legislative findings;

l adds definitions for the terms “abandoned mine lands,” “Secretary” and “State Reclamation Program”;

l includes the abandoned mine lands reclamation account as part of the Surface Coal Mining and Reclamation Fund that is in the state treasury; and

l creates new code sections that will allow the state to operate a federally approved abandoned mine lands reclamation program and allow the receipt of federal abandoned mine lands funds.

Solid Waste Waste Tire Disposal Fee (HB 483) This act removes the repealer on the waste tire fee, which is imposed on the sale of each new tire sold at retail. This measure also revises the allocation and uses of the waste tire fee funds.

143 MISSISSIPPI Water & Sewer Districts/Systems Community Development Block Grants for Water Systems (HB 449) This measure extends the date of the repealer from July 1, 2001, to July 1, 2002, on the prohibition against the Executive Director of the Mississippi Development Authority making a community development block grant to a county or municipality for improvements to an existing public water system unless the system is viable or may become viable as a result of the grant or an extreme emergency exists. Individual On-Site Wastewater Disposal Law Amended (HB 1225) This legislation amends the Mississippi On-Site Wastewater Disposal Law to require wastewater disposal system installers to provide proof of having a public liability insurance policy in order to be certified. It also extends the repealer on this law to July 1, 2002. Madison County Wastewater Authority Act (HB 1640) This act creates the Madison County Water Authority. The purpose of this act is to authorize a cooperative effort by any area situated within Madison County for the acquisition, construction and operation of user-funded wastewater systems, in order to prevent and control the pollution of the waters in Mississippi. Southgate Sewer District Board of Commissioners (HB 1658) This measure revises the qualifications for appointment to the Board of Commissioners of the Southgate Sewer District in Lowndes County. Any qualified elector who is a resident of, or owns real property in, or is a user of services provided by, the District will be eligible to hold the office of commissioner. Tallahatchie County Industrial Park (HB 1690) This legislation authorizes the Board of Supervisors of Tallahatchie County to provide water and sewer service to the Tallahatchie Industrial Park and within an area not exceeding three miles from the boundaries of the Industrial Park. Town of Smithville (HB 1661) This act authorizes the governing authorities of the Town of Smithville, Mississippi, to operate its water and sewer system within a certain distance outside its corporate limits.

Water Quality & Conservation Cross Connections (HB 692) This measure provides that certain cross connections are considered as low hazard cross connections posing very low risk and will not be required to have a backflow preventer device. These include any of the following items that have been professionally installed:

l lawn sprinkler or irrigation system;

l swimming pool;

l water fountain or cooler;

l fire sprinkler system containing no chemicals; and

l commercial establishment that contains no cross connections directly with hazardous materials.

144 Any lawn sprinkler or irrigation system that is connected to a public water system and either injects or stores lawn chemicals or is connected to a wastewater supply will be considered as a high hazard cross connections and not exempt from the requirements of this act. Dams or Low-Water Control Structures HB 1338) This legislation authorizes any county to construct a dam or low-water control structure on lakes or bodies of water located partially within and partially without the boundaries of the county. Such a county may issue general obligation bonds in an amount not to exceed $250,000. This act also authorizes such a county to contract with the United States or any agency or department thereof to sponsor a project for the environmental restoration of such a lake or body of water. This includes the acquisition, through purchase or eminent domain procedures, certain lands, easements and rights-of- way associated with a joint county / federal project. County boards of supervisors may exercise the right to immediate possession for property or rights-of-way located within the county for certain projects. Nothing in this act will be construed to require the prior approval of a levee board for repair or construction of flood control structures in areas that are not located in a levee district area. Drainage Districts (HB 1260) This act authorizes the transfer of powers, duties and responsibilities from certain dissolved drainage districts to the county soil and water conservation districts. Flood and Drainage Control Districts (HB 451) This measure extends the date of repeal from July 1, 2001, to July 1, 2006, on the authority to organize flood and drainage control districts. Graveline Bayou Project (HB 1327) This legislation clarifies the authorization of certain tideland funds appropriated to Jackson County for the Graveline Bayou Project and to provide that unexpended funds may be used as authorized. The funds may be used for building a jetty at the Graveline Bayou Extension Project. Pearl River Water Diversion Project (HB 441) This act amends current law that provides funds to defray costs of the state’s share in the North Mississippi fish hatchery and the lower East Pearl River water diversion project, to extend the date of repeal from December 31, 2001, to December 31, 2002. Tangipahoa River (SB 2442) This measure designates a certain portion of the Tangipahoa River as a state scenic stream and includes that portion in the State Scenic Streams Stewardship Program.

145 MISSISSIPPI 146 Missouri Introduction The Missouri General Assembly adopted 19 measures relating to energy and environmental issues during the 2001 legislative session. Nine of these measures pertain to energy matters. With regard to Alternative Energy Developments, House Bill 453 and Senate Bill 462 allow school districts to establish contracts with nonprofit, farmer-owned new generation cooperatives to supply bus fuel containing at least 20 percent biodiesel. In addition, House Bill 453 and Senate Bill 244 established a program to bank and sell federal Energy Policy Act credits generated by State agencies. In the category of Energy Efficiency, Senate Bill 451 revised the Energy Set-Aside Program fund to allow money to be spent for the administration of the Department of Natural Resources’ energy responsibilities and activities rather than being restricted to the administration of the loan program. Concerning Coal & Minerals, House Bill 453, an omnibus act regarding the environment and commerce, dealt with permit fees, public notice requirements, and reclamation standards for surface mining. In addition, House Bill 453 addressed Natural Gas/Petroleum issues by extending the Petroleum Storage Tank Insurance Fund expiration date from December 31, 2003, to December 31, 2010. The act also increases the maximum surcharge assessed on each petroleum transport load from $25 to $60. Two measures, Senate Bill 369 and House Bill 425, focused on Utilities and regulations for excavation work. Lawmakers enacted 10 bills dealing with environmental matters. Two measures addressed Air Quality. House Bill 453 and Senate Bill 374 require the Air Conservation Commission to establish an air emissions banking and trading program. Senate Bill 435 exempted historical vehicles from emissions testing requirements. With regard to Environmental Land Management, House Bill 904 authorizes the Department of Agriculture, in cooperation with certain other agencies, to develop and implement an agroforestry program to encourage soil conservation and diversification of the State’s agricultural base. In addition, Senate Bill 462 expanded the Missouri Economic Diversification and Afforestation Act of 1990 to include more recent agroforestry practices. It also created the Farmland Protection Act. Relating to Hazardous Waste & Substance Management, House Bill 471 and Senate Bill 89 revised the laws involving the theft of anhydrous ammonia and liquid nitrogen. Lawmakers passed three measures concerning Water Quality & Conservation. Senate Bill 256 established that nothing in the Clean Water Law would be deemed to prohibit any political subdivision with an available sewer from requiring that owners within the subdivision to connect to the system. The legislation also authorized the Clean Water Commission to borrow $10 million to control water pollution and improve drinking water systems. House Bill 361 and Senate Bill 431 authorized the Governor to convey water rights and water storage rights of Mark Twain Lake to the Clarence Cannon Wholesale Water Commission. In other legislation, House Bill 732 removed the bonding requirements for Water Patrol Officers. Furthermore, House Bill 501, in the category of Water & Sewer Districts/Systems, made several changes to statutes governing water and sewer systems.

147 MISSOURI 148 Missouri Legislation Category Comparison

Energy Legislation

3 AED Alternative Energy Developments C&M Coal & Minerals EE Energy Efficiency NG/P Natural Gas/Petroleum R/C Reorganization/Coordination ST Severance Taxes U Utilities 2

1 Number of Bills Enacted Number of Bills Enacted

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

4 AQ Air Quality CZM Coastal Zone Management EA Environmental Audits EHS Environmental Health Services ELM Environmental Land Management 3 HW&SM Hazardous Waste & Substance Management LLRW Low-Level Radioactive Waste PC Pollution Control R Reclamation R/C Reorganization/Coordination 2 SW Solid Waste WSD/S Water & Sewer Districts/Systems WQ&C Water Quality & Conservation Number of Bills Enacted Number of Bills Enacted 1

0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

149 MISSOURI 150 Missouri Energy Legislation

Alternative Energy Developments Biodiesel for School Buses (HB 453/SB 462) As part of these two omnibus acts, these measures allows school districts, for school years 2002-2003 and lasting through 2005-2006, to establish contracts with nonprofit, farmer-owned new generation cooperatives to supply bus fuel containing at least 20 percent biodiesel. Subject to appropriation, districts that establish contracts will receive additional state transportation aid for costs above the rack price for regular diesel fuel. Initial statewide payments are capped at .07 percent of the 1998- 1999 entitlement for state transportation aid, but may be increased by 4 percent each year. Biodiesel Fuel for State Vehicles (HB 453/SB 244) As part of these two omnibus acts, this legislation establishes a program to bank and sell federal Energy Policy Act credits generated by State agencies. Revenue from sale of credits is used to pay for state vehicle biodiesel fuel costs above the market price for regular diesel fuel. The Department of Natural Resources will conduct a study on the use of alternative fuels in motor vehicles in the State and report its findings to the General Assembly by January 1, 2002.

Coal & Minerals Surface Mining (HB 453) As part of an omnibus act regarding the environment and commerce, this act deals with the following aspects of surface mining: permit fees, public notice requirements, and reclamation standards. Permit Fees Current law establishes annual fees for most surface mining permits at $350 plus $40 for each individual site mined during the year. There is also a fee of $35 per acre when a permit application is originally filed. The Land Reclamation Commission may increase the basic annual fee to $500. Gravel mine operators that remove less than 5,000 tons per year pay $100 plus $35 per acre annually. The Commission may establish fees that recover costs of administration and enforcement, with a basic annual fee cap of $600 and additional annual fees of no more than $10 per acre and $300 per site. The fee for each acre over 100 is reduced by 50 percent and the site fee is reduced by 50 percent if mining occurs for less than six months of the year. Total annual fees for each permit are capped at $2,500. Gravel mine operators that remove less than 5,000 tons per year pay $300 annually. All fees expire on December 31, 2007. Public Notice Requirements Under current law, applicants for surface mining permits are required to publish a notice in a newspaper of general circulation in the local area. Interested parties may submit written comments to the Department of Natural Resources or request a public hearing for 15 days after the application is filed. The Department must then forward a recommendation on the permit to the Commission by the end of the public comment period. This act requires applicants to publish a notice once a week for four weeks, beginning no more than 10 days after the application is complete. Applicants are also required to notify by certified mail the local governing body and owners of property adjacent to the

151 MISSOURI proposed surface mine. Interested parties may submit written comments to the department or request a public meeting or a formal hearing for up to 15 days after the end of the public notice period. The Department must forward its recommendation on the permit to the Commission within four weeks after the end of the public notice period. If a public meeting was requested and the applicant agrees, the Department and applicant will conduct the meeting within 30 days after the end of the comment period, and the Department will make a recommendation to the Commission within 30 days after the meeting. The Commission may conduct a hearing if issues are not resolved at the public meeting and a formal public hearing is requested. The Commission may deny the permit if there is substantial evidence that the applicant has a reasonable likelihood of noncompliance or that mine operations will impair the health, safety, or livelihood of an interested party. Reclamation Standards Currently, surface mine operators must begin reclamation as soon as possible after commencement of mining and, after their permit expires, complete grading within 12 months and seeding and planting within 24 months. This measure requires operators to begin reclamation as soon as possible after completion of mining in a portion of their permitted area and to complete grading within 12 months and seeding and planting within 24 months. The Department may require erosion control measures on overburden stockpiles if the erosion is causing damage outside the permitted area. Grading and replacing topsoil may not be required in rugged areas intended for wildlife habitat or in areas reclaimed for industrial use. To reclaim land mined previously as a substitute for reclaiming currently mined land, operators must submit a plan and provide written permission of the landowner.

Energy Efficiency Energy Set-Aside Program Fund (SB 451) This act revises the Energy Set-Aside Program Fund. Moneys may be spent for the administration of the Department of Natural Resources’ energy responsibilities and activities rather than being restricted for the administration of loan programs.

Natural Gas/Petroleum Oxygenates (SB 462) As part of an omnibus act relating to agriculture, this act requires sellers of motor fuel which has been blended with at least one percent oxygenate by weight to notify consumers at the pump of the type of oxygenate used. This requirement can be satisfied by placing a sticker on the pump that the fuel may or may not contain the oxygenate. The Department of Agriculture will provide the stickers at no cost. Petroleum Storage Tank Insurance Fund (HB 453) As part of an omnibus act regarding the environment and commerce, this measure extends the Petroleum Storage Tank Insurance Fund expiration date from December 31, 2003, to December 31, 2010. The act also increases the maximum surcharge assessed on each petroleum transport load from $25 to $60. The Fund’s board may adjust the surcharge after 60 days notice and an opportunity for public comment, but may not increase the charge more than $15 in any year. If the Fund’s balance exceeds its liabilities by 10 percent, the surcharge reverts to $25 per load two months later. Anyone who claims to have paid the surcharge in error may file a refund claim with the board within three years after the payment. Anyone aggrieved by the board’s decision may seek judicial review within 60 days.

152 Tank owners and operators are allowed to continue participating in the Fund after transferring their property to another party. The Fund’s board must commission an independent financial audit annually and an actuarial analysis biennially and make the findings available to the public. Stealing Gasoline from Gas Stations (SB 244) As part of an omnibus act regarding motor vehicle regulations and other measures related to transportation, this measure provides that a person who has been convicted of stealing gas from a gas station will have his or her driver’s license suspended. The person’s first suspension will be for a period of 60 days. A person may apply for a hardship license after serving 30 days of the suspension period. The second suspension will be for a period of 90 days. The third or subsequent suspension for stealing gasoline will result in a 180-day suspension. An individual will have to pay $25 to have his or her license reinstated after the suspension period.

Utilities Permits for Public Utility Right-of-Way Use (SB 369) This act allows political subdivisions to require permits for public utility right-of-way use. A political subdivision has the right to manage its public rights-of-way and recover the management costs from the public utility, which may pass the cost on to the consumer. Public utility right-of-way users are required to restore the right-of-way and surrounding areas after excavation. A political subdivision may refuse to grant or may revoke a permit under certain circumstances. Appeal procedures are provided for refusal or revocation of a permit. Excavation work must be conducted in accordance with applicable safety and construction codes. Underground Facility Safety and Damage Prevention (HB 425) This act makes several changes to the procedure for notification to owners or operators of underground facilities of intent to excavate.

153 154 Missouri Environmental Legislation

Air Quality Air Emissions Banking and Trading (HB 453/SB 374) As part of legislation regarding the environment and commerce, these measures requires the Air Conservation Commission to establish an air emissions banking and trading program. The Department of Natural Resources will certify and bank credits for reductions in air emissions that exceed state and federal requirements. Banked credits may be used, traded, or sold, as long as there are no resulting adverse impacts on air quality. In nonattainment areas, the bank of credits will be reduced annually by 3 percent and net reductions below federally approved permit conditions may be transferred to offset the construction of new emissions sources. Historical Vehicles (SB 435) This legislation exempts historical vehicles from emissions testing. A historical vehicle is any motor vehicle over 25 years old which is owned solely as a collector’s item and which is used and intended to be used for exhibition and educational purposes.

Environmental Land Management Agroforestry (HB 904) This act authorizes the Department of Agriculture, in cooperation with certain other agencies, to develop and implement an agroforestry program to encourage soil conservation and diversification of the State’s agricultural base. The program will accommodate alley cropping, forested-riparian buffers, silvopasture, and windbreaks through the use of trees planted in an agroforestry configuration. Lands eligible for the program will be agricultural land that is susceptible to soil erosion and has a recent crop history, marginal pasture land, land surrounding livestock enclosures, and land comprising riparian zones. The University of Missouri Center of Agroforestry and Extension Service, in consultation with the Director of the Department, will establish agroforestry demonstration areas and develop and deliver training. The Director is allowed to pay for the planting of trees not to exceed 75 percent of the cost of establishment. Agroforestry and Farmland Protection (SB 462) As part of an omnibus act relating to agriculture, this act expands the Missouri Economic Diversification and Afforestation Act of 1990 to include more recent agroforestry practices. The development of an agroforestry program by the Department of Conservation will be discretionary rather than mandatory. The Director of the Department of Conservation may enter agreements with individual landowners to make incentive payments during the enhancement phase, and may seek advice and cooperate with U.S. Department of Agriculture (USDA). The ability of the Director to enter agreements with the USDA in administering payments is removed and the amounts of the incentive payment as well as eligibility requirements are modified. This act also creates the Farmland Protection Act. It only applies to tracts of real property that are comprised of at least 10 contiguous acres and at least 75 percent of the property must be used for farming purposes. The State or any political subdivision will hold sewer and water assessments in abeyance until improvements on property covered by the act are connected to the sewer or water

155 MISSOURI system or when the property ceases to be used for farming purposes. If the political subdivision requires connection to the sewer system, the payment of the assessment will not be triggered. The political subdivision will notify the owner of the details of the assessment and the provision of the Farmland Protection Act. In addition, this act creates civil and criminal liability for knowingly damaging or destroying any field crop product.

Hazardous Waste & Substance Management Anhydrous Ammonia and Liquid Nitrogen (HB 471/SB 89) Among other things, these acts revise the laws involving anhydrous ammonia and liquid nitrogen. These measures contain the following provisions:

l prohibits persons making unauthorized removals of anhydrous ammonia from suing the legal owners of the anhydrous ammonia for damages involved with the removal, unless the owner is willfully or wantonly negligent;

l makes the theft of liquid nitrogen, or any attempt to steal liquid nitrogen or anhydrous ammonia, a class C felony;

l makes the theft of anhydrous ammonia by appropriation of truck or tank a class A felony; and

l makes the possession of anhydrous ammonia in a nonapproved container a class D felony.

Water & Sewer Districts/Systems Water and Sewage Systems (HB 501) This act makes several changes to statutes governing water and sewer systems. It modifies the make- up of the Jackson County and the Cass County sewer district boards of trustees. Each board will consist of eight members as follows: the county executive, mayors of the four largest-use cities, two mayors of the other member cities, and one member of the county legislature. The measure allows the possibility of a ninth member in the event the district extends its borders. The percentage of the vote required to issue sewer bonds in either of these counties is reduced from a super-majority (four- sevenths) to a simple majority, or the bonds may be issued on the written assent of three-quarters of the sewer district customers. The measure also addresses the consolidation of sewer districts, the authorization for the issuance of bonds and other provisions: Authorization for Issuance of Bonds The act authorizes the Board of Fund Commissioners to issue bonds for grants and loans pursuant to several sections of Article III of the Missouri Constitution. The authorizations are in addition to sums authorized prior to August 28, 2002, and are for the following purposes:

l $10 million of bonds for water pollution control, drinking water system improvements, and storm water control;

l $10 million of bonds for rural water and sewer projects; and

l $20 million of bonds for storm water control plans, studies, and projects in first classification counties and the City of St. Louis.

156 Consolidation of Sewer Districts Except for the St. Louis Metropolitan Sewer District, two or more contiguous sewer districts in Jefferson County may consolidate into one sewer district if the governing bodies of the districts determine that a consolidated sewer district would better serve the area within their boundaries, subject to voter approval. The act outlines the information required in a resolution and how the information will be disseminated to the public. The governing body of the county will submit the issue for voter consideration, and the order will become effective if the majority of votes cast are in favor of the proposal. If the consolidated sewer district becomes effective, all property of the original districts and any taxes to pay bonds will be levied on the original district issuing bonds prior to consolidation. The consolidated sewer district will have a 5-member board of directors appointed by the governing body of the county where the consolidated sewer district is located. The legislation outlines the requirements of the board members, lengths of terms, and compensation. The consolidated sewer district will retain all powers, privileges, and duties it had as an individual sewer district. Dissolution of the sewer district will be according to current law relating to the dissolution of special districts created by statute. Other Provisions Current law allows the cities of St. Joseph and Arnold to contract with private or public water services to terminate service to a customer for failure to pay a sewer bill. This act extends this authorization to any city, town, or village. This measure also removes the sunset on the Clean Water Commission’s rulemaking authority for concentrated animal feeding operations. It also requires the Department of Natural Resources to certify, without conditions, any federal Clean Water Act Section 404 nationwide permit for the construction of highways and bridges approved by the Missouri Highways and Transportation Commission. In addition, all landowners have the right to have, use, and own private water systems and ground source systems, unless prohibited by city ordinance, on their own property, as long as all applicable rules established by the Department of Natural Resources are satisfied. All landowners who choose to use their own private water system will not be forced to purchase water from any other water source system servicing their communities.

Water Quality & Conservation Clarence Cannon Wholesale Water District (HB 361/SB 431) These measures authorize the Governor to convey water rights and water storage rights of Mark Twain Lake acquired by the State by contract with the United States of America to the Clarence Cannon Wholesale Water Commission. They also provide for the transfer of the water rights to the Commission. Water Patrol (HB 732) This legislation removes the bonding requirement for Water Patrol Officers.

157 MISSOURI Watershed Districts (SB 462) As part of an omnibus act relating to agriculture, this measure changes the term for soil and water conservation subdistricts to watershed districts. Authority for soil and water conservation watershed districts will vest with the watershed district except in matters of formation, consolidation, expansion or disestablishment of the watershed district. The soil and water conservation district supervisor of the soil and water conservation district will act in an advisory capacity to the watershed district board, and watershed district trustees are vested with governing authority. Five landowners living in the watershed districts will be elected as trustees of the watershed district. Vacancies in unexpired terms will be filled by appointment by the State soil and water districts commission. Water, Stormwater and Sewer Service (SB 256) This act provides that nothing in the Clean Water Law will be deemed to prohibit any political subdivision with an available sewer system from requiring that owners within the subdivision connect to the system. This act also authorizes the Board of Fund Commissioners to issue bonds for grants and loans pursuant to several sections of Article III of the Missouri Constitution that are administered by the Clean Water Commission. The authorizations are in addition to amounts authorized prior to August 28, 2002. The measure also contains the following provisions:

l authorizes the Clean Water Commission to borrow $10 million to control water pollution and improve water drinking systems;

l decreases the amount that the Clean Water Commission is authorized to borrow for rural water and sewer grants and loans from $20 million to $10 million; and

l decreases the amount that the Clean Water Commission is authorized to borrow for grants and loans to storm water control plans from $40 million to $20 million.

158 North Carolina Introduction During the 2001 legislative session, the North Carolina General Assembly adopted 25 measures pertaining to energy and environmental quality matters. Two of these measures focused on energy issues. In the category of Energy Efficiency, under House Bill 332, the Energy Improvement Loan Program expanded the former Business Energy Improvement Program to include local governments and nonprofit organizations as well as businesses and industries. With regard to Natural Gas/ Petroleum, Senate Bill 967 made technical and administrative changes to the motor fuels tax law. Lawmakers enacted 23 new bills concerning environmental protection issues. Over half of these measures relate to water quality and water management matters. House Bill 1312 under Water Quality & Conservation, for example, extends the moratoria on construction or expansion of swine farms from July 1, 2001, to September 1, 2003. It provides for the issuance of general permits for animal waste management systems under current law and the National Pollutant Discharge Elimination System, and extends the pilot program for inspection of animal waste management systems. In addition, House Bill 1111 expanded the powers and duties of the Soil and Water Conservation Commission of the Department of Environment and Natural Resources. The Commission is authorized to perform the following duties:

l develop and implement a program for the approval of water quality and animal waste management technical specialists; and

l develop and approve best management practices for use in the water quality protection programs for the Department and adopt rules that that establish criteria governing approval of these practices. In the category of Water & Sewer Districts/Systems, Senate Bill 123 authorized local governments to issue special obligation bonds for water and sewer projects. These projects include water supply systems, water conservation projects, water reuse projects, wastewater collection systems, and wastewater treatment works. Additionally, Senate Bill 432 allowed nonprofit water corporations and the State of North Carolina to join certain water and sewer authorities. Furthermore, House Bill 234 allowed sanitary districts to enter into agreements with other municipal corporations or sanitary districts for the purpose of developing and implementing an economic development plan. Concerning Coastal Zone Management issues, House Bill 726 authorized Dare County to adopt ordinances to regulate and control swimming, personal watercraft operation, surfing and littering in the Atlantic Ocean and other waterways within its territorial jurisdiction. New legislation addressed land management matters as wells as water management issues. In the category of Environmental Land Management, House Bill 1108 provides that public authorities are eligible for grants from the Parks and Recreation Trust Fund. Senate Bill 854 codified a joint resolution to accept certain properties as part of the State Nature and Historic Preserve. Also, House Bill 702 authorized Tyrrell County to dispose of wetlands mitigation banking credits. Furthermore, three new laws in the category of Environmental Health Services focused on wildlife management for deer and foxes.

159 NORTH CAROLINA 160 North Carolina Legislation Category Comparison

Energy Legislation

1 AED Alternative Energy Developments C&M Coal & Minerals EE Energy Efficiency NG/P Natural Gas/Petroleum R/C Reorganization/Coordination ST Severance Taxes U Utilities Number of Bills Enacted Number of Bills Enacted

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

Number of Bills Enacted Number of Bills Enacted 2

0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

161 NORTH CAROLINA 162 North Carolina Energy Legislation

Energy Efficiency Energy Improvement Loan Program (HB 332) With this legislation, the Energy Improvement Loan Program expands the former Business Energy Improvement Program to include local governments and nonprofit organizations as well as businesses and industries. The loan fund of $2.7 million is available for energy conservation and utility cost reduction measures at an interest rate of 3 percent to the State plus an additional 2.5 percent to 4 percent to the regulated lender. The repayment period must match the payback period for the measures installed with a maximum length of 10 years. Loans must be guaranteed by letter of credit from a regulated lending institution.

Natural Gas/Petroleum Motor Fuels Tax Law (SB 967) This act makes technical and administrative changes to the motor fuels tax law.

163 NORTH CAROLINA 164 North Carolina Environmental Legislation

Coastal Zone Management Fisheries (SB 202) This legislation amends the process by which fishery management plans are revised. It repeals the sunsets on the licensing provisions of the Fisheries Reform Act of 1997 and the Marine Fisheries Amendments of 1998. It also extends the moratorium on issuing new shellfish leases in Core Sound from October 1, 2001, to October 1, 2002. In addition, it staggers the terms of the members of the Marine Fisheries Commission, as recommended by the Joint Legislative Commission on Seafood and Aquaculture. Ocean Activities (HB 726) This measure authorizes Dare County to adopt ordinances to regulate and control swimming, personal watercraft operation, surfing and littering in the Atlantic Ocean and other waterways within its territorial jurisdiction. No-Wake Zone (HB 172) This act makes it unlawful to operate a vessel at greater than no-wake speed on the waters of the Intracoastal Waterway within the corporate limits of the Town of Cedar Point and the Town’s extraterritorial jurisdiction. Sea Oats (SB 30) This legislation makes it unlawful to take sea oats from the land of another or from any public domain without the consent of the owner of that land. Any person convicted of violating the provisions of this law will be guilty of a Class 3 misdemeanor and will be punished by a fine of not less than $25 nor more than $200 for each offense.

Environmental Health Services Deer Population (HB 875) This measure directs the Wildlife Resources Commission to assist the Town of Biltmore Forest to determine the most effective method of reducing the deer population in the Town to a manageable level, to be implemented by the Town. The Commission will consider all appropriate and feasible options available to bring the deer population under control as quickly as possible. The Commission will report to the General Assembly on its progress. Fox Trapping Season (HB 903) This act establishes a season for trapping foxes with box-type traps in Richmond County from January 2 through January 31 each year. The Wildlife Resources Commission will provide for the sale of foxes taken lawfully pursuant to this act. A season bag limit of 30 applies in the aggregate to gray and red foxes taken during the fox season. Spotlighting of Deer (HB 891) This legislation makes it unlawful for any person to shine a light intentionally upon a deer or to sweep a light in search of deer between the hours of one-half hour after sunset and one-half hour before

165 NORTH CAROLINA sunrise. This act will not apply to the necessary shining of lights by landholders, motorists engaged in normal travel on the highway, and campers and others legitimately in the area who are not attempting to attract wildlife.

Environmental Land Management Grants (HB 1108) This measure provides that public authorities are eligible for grants from the Parks and Recreation Trust Fund. State Nature and Historic Preserve (SJR 853) This joint resolution accepts properties owned by the State of North Carolina for inclusion in the State Nature and Historic Preserve. The General Assembly dedicates and accepts all the following lands and waters to constitute components of the State Nature and Historic Preserve as of April 3, 2001:

l all lands and waters within the boundaries of the certain units of the State Parks System;

l all lands and water within the boundaries of William B. Umstead State Park with an exception;

l all land within the boundaries of Crowders Mountain State Park with an exception;

l all lands owned in fee simple by the State within the boundaries of New River State Park;

l all lands and waters within the boundaries of Stone Mountain State Park with exceptions;

l all lands and waters located within the boundaries of Hanging Rock State Park with an exception;

l all lands and waters located within the boundaries of South Mountains State Park; with exceptions;

l all lands and waters within the boundaries of Bushy Lake State Natural Area with an exception;

l all lands and waters within the boundaries of Jockey’s Ridge State Park with exceptions. State Nature and Historic Preserve Resolution Amended (SB 854) This act codifies the joint resolution accepting properties as part of the State Nature and Historic Preserve. It removes certain lands from the Preserve and codifies these removals, and deletes certain lands from the State Parks System. It also provides that a technical amendment to the State Constitution relating to acceptance and dedication of property into the Preserve will be submitted to a vote of the people at the next statewide primary election. Trees in Buffer Zones (HB 910) This measure authorizes the City of Durham and the towns of Cary, Garner, Morrisville, Knightdale, Fuquay-Varina, and Spencer to limit the clear-cutting of trees in buffer zones prior to development and allow for the protection of specimen trees during the development process. Wetlands Mitigation Banking Credits (HB 702) This legislation authorizes Tyrrell County to dispose of wetlands mitigation banking credits.

166 Water & Sewer Districts/Systems Nonprofit Water Corporations (SB 432) This act allows nonprofit water corporations and the State of North Carolina to join certain water and sewer authorities and concerns the right of subsequently joining municipalities to have voting membership. Sanitary Districts (HB 235) This legislation allows sanitary districts to enter into agreements with other municipal corporations or sanitary districts for the purpose of developing and implementing an economic development plan. Sanitation Requirements (SB 541) This measure exempts single-family dwellings used as family foster homes or therapeutic homes from sanitation requirements. Septic Tanks (HB 880) The act authorizes the owners of provisionally approved septic tanks and innovative septic tanks systems in Bertie County to transfer owners of these systems to a joint agency created by certain other counties. Additional counties may collect fees for the inspection of such septic tanks and systems in the same manner as property taxes. Certain counties may collect fees for the maintenance and repair of such septic tanks and systems in the same manner as property taxes. Storm Drainage Systems (SB 534) This legislation permits the City of Charlotte to contract with a private party for storm drainage system improvements that are adjacent or ancillary to a private land development project. Such a contract will allow the City to reimburse the private party for costs associated with the design and construction of storm drainage improvements that are in addition to those required by the City’s land development regulations. Water and Sewer Projects (SB 123) This measure authorizes local governments to issue special obligation bonds for water and sewer projects. These projects include water supply systems, water conservation projects, water reuse projects, wastewater collection systems, and wastewater treatment works. Wells (HB 609) This act specifies the minimum separation distances between a well serving certain single-family dwellings and certain other structures on the same lot. It also authorizes the Environmental Management Commission to adopt a temporary rule to incorporate those minimum separation distances. The required separation distances will be the maximum possible, but will in no case be less than the following distances:

l septic tank and drainfield, 50 feet;

l water-tight sewage or liquid waste collection or transfer facility, 25 feet;

l animal barns, 50 feet;

l cesspool or privies; 50 feet.

167 NORTH CAROLINA Water Quality & Conservation Livestock Markets (SB 848) This measure includes public livestock markets within the definition of animal operations for the purpose of regulating the animal waste management systems that serve these markets. It provides that an animal waste management system that serves a public livestock market may be permitted either as an animal operation or under the State’s general water quality statutes. Moratoria on Swine Farms Extended (HB 1312) This act extends the moratoria on construction or expansion of swine farms from July 1, 2001, to September 1, 2003. It provides for the issuance of general permits for animal waste management systems under current law and the National Pollutant Discharge Elimination System, and extends the pilot program for inspection of animal waste management systems. Soil and Water Conservation Commission (HB 1111) This legislation expands the powers and duties of the Soil and Water Conservation Commission of the Department of Environment and Natural Resources. The Commission will perform the following duties:

l develop and implement a program for the approval of water quality and animal waste management technical specialists; and

l develop and approve best management practices for use in the water quality protection programs for the Department and adopt rules that that establish criteria governing approval of these practices. Tar-Pamlico Rule (HB 570) This act provides for the implementation of the administrative rule entitled “Tar-Pamlico River Basin- Nutrient Sensitive Waters Management Strategy: Agricultural Nutrient Control Strategy” with certain modifications. It authorizes the Environmental Management Commission to incorporate these modifications into a revised administrative rule, and to direct the Soil and Water Conservation Commission to approve best management practices and a nutrient loading point system for pasture- based production and management of livestock.

168 Oklahoma Introduction During the 2001 legislative session, the Oklahoma State Legislature passed 33 measures pertaining to energy and environmental matters. Twelve of these initiatives addressed energy issues. With regard to Utilities, for example, Senate Bill 440 removed the July 1, 2002, deadline for implementation of electric utility restructuring and created the Electric Restructuring Advisory Committee. Among other things, the Committee is charged with studying the current status of Oklahoma’s electrical transmission system and the Southwest Power Pool study to identify potential points of congestion and suggested future transmission expansion, including the financial impact of potential upgrades and improvements. Consumer retail choice of electricity providers cannot take place until the final report of the Advisory Committee has been submitted to the Governor and the Legislature, and legislation enabling electricity restructuring has been enacted. The Advisory Committee has a termination date of January 1, 2005. In the category of Alternative Energy Developments, House Bill 1217 created the Oklahoma Ethanol Development Study Act. It also creates the Oklahoma Ethanol Development Advisory Committee through June 1, 2003. Among other things, the Committee is required to study the feasibility of developing and enhancing the ethanol industry in the State. Also, it is tasked to recommend policies or programs to enhance the ability of agricultural landowners to participate in ethanol development and production. By December 1, 2002, the Department of Agriculture, in consultation with the Advisory Committee is required to prepare a report of recommendations regarding the development and enhancement of the ethanol industry in Oklahoma. In the related category of Energy Efficiency, Senate Bill 1021 recreates the Oklahoma Energy Resources Board until July 1, 2007. Concerning Coal & Minerals, House Bill 1415 exempts vehicles transporting rock, sand, gravel or coal from certain load and weight limits if they met certain prescribed conditions. Relative to coal, in the category of Severance Taxes, Senate Bill 495 allows a credit against the tax for every corporation in the State primarily engaged in mining, producing or extracting coal, and holding a valid permit issued by the Oklahoma Department of Mines in the amount of 95 cents per ton of each ton of coal mined, produced or extracted in the State by such corporation on or after January 1, 2001. Senate Bill 532, in the category of Natural Gas/Petroleum, established specific exceptions to existing well spacing laws for reservoir dewatering. House Bill 1377 provides that vehicles transporting oilfield equipment or equipment used in oil and gas well drilling or exploration must meet certain criteria. Additionally, House Resolution 1001 expresses support for emergency legislation to make an appropriation from the Constitutional Reserve Fund to fund an energy assistance program or programs. These programs will provide financial assistance to elderly and low income citizens to help pay for high natural gas costs and other high heating fuel costs eligible under the Low Income Energy Assistance Program. Furthermore, Senate Bill 119 contains various oil industry tax provisions, including an extension on the three-tiered gross production tax on oil. Lawmakers enacted 21 measures that addressed environmental issues. House Bill 1033 was an omnibus act related to Environmental Land Management. Relating to the powers of county commissioners, this act allows them to use county funds and resources for environmental remediation of land, including land owned by public trust authorities if the Department of Environmental Quality certifies that the property is polluted or contaminated to such a degree that remediation is necessary to restore the environment. House Bill 1018 authorizes and promotes the continued use of prescribed

169 OKLAHOMA burning for ecological, rangeland and cropland management, forestry, and wildlife life management purposes. In the category of Environmental Health Services, House Bill 1329 authorizes the Oklahoma Resources Board, boards of county commissioners and municipal governing bodies to establish floodplain boards for their respective areas of jurisdiction that may adopt, administer and enforce floodplain management regulations for certain purposes. Various legislative initiatives focused on waste management. Relative to Hazardous Waste & Waste Management, House Bill 196 repealed certain reciprocal hazardous waste fee and deleted the requirement for the payment of a certain fee. Concerning Solid Waste, Senate Bill 197 amended the Oklahoma Waste Tire Recycling Act to expand the definition of “waste tire processing.” Businesses located in the State that use processed tires for energy or fuel recovery will be eligible for compensation from the Waste Tire Recycling Indemnity Fund at a rate not to exceed $29 per ton of processed tires used for energy or fuel recovery. In addition, Senate Bill 337 authorizes the board of county commissioners of specified counties to enact and enforce ordinances and regulations to restrict and control noise, dust and traffic associated with certain landfills and to limit the impact of these factors on the aesthetic and economic interests of adjacent or nearby neighborhoods or businesses. In the category of Water & Sewer Districts/Systems, House Bill 1723 provides that individuals registered under the Oklahoma Sanitarian and Environmental Specialist Registration Act who are employed by the State cannot perform soil tests to design sewage disposal systems for compensation. This act does not preclude the State from receiving compensation for soil tests performed by these individuals as part of their official State employment duties. In the related category of Water Quality & Conservation, Senate Resolution 18 recommended that the State institute an action in the United States Supreme Court to address the Canadian River Compact violations that have occurred and continued to occur by the State of Texas. Additionally, House Bill 1480 requires the Oklahoma Water Resources board to approve an application for a water well permit if the Board finds that it meets the criteria outlined in the new law.

170 Oklahoma Legislation Category Comparison

Energy Legislation

5 AED Alternative Energy Developments C&M Coal & Minerals EE Energy Efficiency NG/P Natural Gas/Petroleum 4 R/C Reorganization/Coordination ST Severance Taxes U Utilities

2 Number of Bills Enacted Number of Bills Enacted

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

5 AQ Air Quality CZM Coastal Zone Management EA Environmental Audits EHS Environmental Health Services 4 ELM Environmental Land Management HW&SM Hazardous Waste & Substance Management LLRW Low-Level Radioactive Waste PC Pollution Control 3 R Reclamation R/C Reorganization/Coordination SW Solid Waste WSD/S Water & Sewer Districts/Systems 2 WQ&C Water Quality & Conservation Number of Bills Enacted Number of Bills Enacted

0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

171 OKLAHOMA 172 Oklahoma Energy Legislation

Alternative Energy Developments Alternative Fuels Technicians (HB 1360) Regarding the Alternative Fuels Technician Certification Act, this measure adds the further intent of the Oklahoma Legislature to enact legislation that promotes the development of technology in a manner that ensures the health and safety of the citizens of the State. This act also modifies some definitions. Ethanol Development Study Act (HB 1217) This act creates the Oklahoma Ethanol Development Study Act. It creates the Oklahoma Ethanol Development Advisory Committee until June 1, 2003. The Committee will perform the following tasks:

l conduct a systematic review and study of the ethanol industry in Oklahoma and in other states;

l study the feasibility of developing and enhancing the ethanol industry in the State;

l study processing, market development, promotion, distribution, and research on products derived from grain, ethanol, or ethanol components, coproducts, or by-products;

l determine the methodology best to cooperate with private industry to establish ethanol- related production facilities in the State to create demand for agricultural products;

l recommend policies or programs to enhance the ability of agricultural landowners to participate in ethanol development and production;

l encourage the production of educational and advisory materials regarding ethanol production on agricultural lands and participation in systems of carbon or greenhouse emissions trading;

l identify and recommend areas of research needed to better understand and quantify the processes of ethanol production;

l study methods of funding or supporting ethanol production development and marketing; and

l make any other recommendations deemed necessary. On or before December 1, 2002, the Department of Agriculture, in consultation with the Advisory Committee will prepare a report of recommendations regarding the development and enhancement of the ethanol industry in Oklahoma.

Coal & Minerals Coal Transportation (HB 1415) Under this act, vehicles transporting rock, sand, gravel or coal are exempt from certain load and weight limits if they meet the following conditions:

173 OKLAHOMA l are registered for the maximum allowable rate;

l do not exceed 5 percent of their axle limits; and

l will not be allowed to operate on the National System of Interstate and Defense Highways. In addition these vehicles must purchase an annual special overload permit for $100.

Energy Efficiency Energy Resources Board (SB 1021) This legislation recreates the Oklahoma Energy Resources Board until July 1, 2007. This board is subject to the provisions of the Oklahoma Sunset Law. The Board was created for the following purposes:

l to coordinate a program designed to demonstrate to the general public the importance of the Oklahoma oil and natural gas exploration and production industry;

l to encourage the wise and efficient use of energy;

l to promote environmentally sound production methods and technologies;

l to develop existing supplies of Oklahoma's oil and natural gas resources;

l to support research and educational activities concerning the oil and natural gas exploration and production industry; and

l to cause remediation of historical oilfield environmental problems. This act also deletes the limitation on the annual advertising budget of the Board. Current law provides that the advertising budget not exceed 20 percent of the total annual budget.

Natural Gas/Petroleum Certified Appraisers (HB 1724) Current law provides that prior to entering the site with heavy equipment, an oil drilling operator will negotiate with the surface owner for the payment of any damages that may be caused by the drilling operation. If agreement is not reached, the operator will petition the district court in the county in which the drilling site is located for appointment of appraiser to make recommendations to the parties and to the court concerning the amount of damages, if any. The operator will select one appraiser, the surface owner will select one appraiser, and the two selected appraisers will select a third appraiser for appointment by the court. This act provides that the third appraiser will be a state-certified general real estate appraiser in good standing with the Oklahoma Real Estate Board. Current law also provides that if either party fails to appoint an appraiser or if the two appraisers cannot agree on the selection of the third appraiser within the required time period, the remaining required appraisers will be selected by the district court upon application of either party. This act provides that at least one of the appraisers will be a state-certified general real estate appraiser and be in good standing with the Oklahoma Real Estate Appraisal Board.

174 Energy Taxes (SB 119) This act contains the following oil industry tax provisions:

l extends the three-tiered gross production tax on oil, which was due to expire this summer, by another three years to June 30, 2004. The three-tiered tax, which lowers the gross production tax as the price of crude drops below $17 per barrel, was originally enacted in 1998 when oil prices cratered;

l extends the suspension of the 50 percent net income limitation on depletion for independent producers until December 31, 2004. This provision had lapsed for one year, but will become effective again July 1, 2001. A similar provisions exists in federal law;

l extends for five more years the excise tax on oil and gas that is used by the Oklahoma Corporation Commission (OCC) to plug orphaned wells in the State. The tax is .095 of one percent on oil and .085 of one percent on gas, and was due to expire on July 1, 2001;

l raises from one to two percent the threshold for the 12 ½ percent tax to “kick in” on oil recovered with disposed salt water. Now, any oil recovered with disposed salt water above two percent will be subject to the 12 ½ percent tax;

l provides a technical change to Senate Bill 1048, the incentives bill of last year. Senate Bill 119 clarifies the definition of “workover” by deleting the word “initial” in reference to the addition of compression. Now, the addition of any compression that results in enhanced production will qualify for the incentives. The change also conforms the state to OCC rules adopted last year. Natural Gas Costs (HR 1001) This resolution expresses the support for emergency legislation to make an appropriation from the Constitutional Reserve Fund after the first day of the 1st Session of the 48th Oklahoma Legislature to fund an energy assistance program or programs that will provide financial assistance to elderly and low income citizens to help pay for high natural gas costs and other high heating fuel costs eligible under the Low Income Energy Assistance Program. The House asks the Governor and the Senate to join with the House in supporting such energy assistance legislation. Oilfield Equipment Transportation (HB 1377) This measure provides that vehicles transporting oilfield equipment or equipment used in oil and gas well drilling or exploration must meet the following criteria:

l be registered for the maximum allowable rate;

l not exceed 5 percent of the gross limits set forth in current law; and

l not be allowed to operate on the National System of Interstate and Defense Highways. In addition these vehicles will purchase an annual overload permit for $100. Well Spacing (SB 532) Current law provides that the Corporation Commission will not establish well spacing units of more than 40 acres in size covering common sources of supply of oil, the top of which lies less than 4,000 feet below the surface as determined by the original or discovery well in said common source of supply. This act provides an exception in the instance of reservoir dewatering as described in this act. Also under current law, the Commission will not establish well spacing units of more than 80 acres in size covering common sources of supply of oil, the top of which lies less than 9,990 feet and more than

175 OKLAHOMA 4,000 feet below the surface as determined by the original or discovery well in said common source of supply. This act makes an exception in the instance of reservoir dewatering to extract oil from reservoirs having initial water saturations at or above 50 percent, the Commission may establish drilling and spacing units not to exceed 160 acres in size.

Severance Taxes Tax Credits (SB 495) This act allows a credit against the tax for every corporation in this State primarily engaged in mining, producing or extracting coal, and holding a valid permit issued by the Oklahoma Department of Mines in the amount of 95 cents per ton of each ton of coal mined, produced or extracted in this State by such corporation on or after January 1, 2001. This also applies to coal from thin seams. The credit will not apply to such coal sold to any consumer who purchases at least 750,000 tons of Oklahoma-mined coal per year. These credits will not be allowed in any month in which the average price of coal is $45 or more per ton, excluding freight charges.

Utilities Electricity Restructuring (SB 440) This act removes the July 1, 2002, deadline for implementation of electric utility restructuring and creates the Electric Restructuring Advisory Committee. The Committee will perform the following tasks:

l study the current status of Oklahoma's electrical transmission system and the study performed by the Southwest Power Pool to identify potential points of congestion and suggested future transmission expansion, including the financial impact of potential upgrades and improvements;

l examine and review the report on electric issues submitted to the Legislature on October 1, 1999;

l analyze the current operational characteristics and control of electrical facilities provided by the electric industry in the State;

l solicit public opinions from State consumers;

l review any proposed federal legislation relating to electric restructuring which may affect the electric industry in the State;

l examine opportunities to encourage development of zero-emission electric generation facilities;

l identity management and control practices adopted by other states relating to the implementation of electric restructuring and recommend those practices that may benefit Oklahoma; and

l identify any other issues that are deemed to be relevant. Consumer retail choice of electricity providers may not take place until the final report of the Advisory Committee has been submitted to the Governor and the Legislature, and legislation enabling electricity restructuring has been enacted. The Advisory Committee has a termination date of January 1, 2005.

176 Location of Sewer, Gas or Water Lines and Facilities (SB 91) This measure provides that water, sewer, gas or solid waste management district plans for locating sewer, gas or water lines will comply with the written specifications for location of lines and facilities as set forth by the governing body of the county for property within their jurisdiction. If the governing body of the county does not have written specifications for location of lines and facilities, they will concur with the district plans or provide the district with an alternative plan.

177 OKLAHOMA 178 Oklahoma Environmental Legislation

Air Quality Clean Air Act Enforcement (SB 199) Current law provides that the Department of Environmental Quality may issue a written order to any person in violation of the Oklahoma Clean Air Act. Any order so issued will become a final order, unless no later than 15 days after the order is served the person or persons named therein request in writing an enforcement hearing. Upon request the enforcement hearing is be set before the Department unless the respondent requests that the hearing be held before the Air Quality Council. This act deletes the provision for a hearing before the Air Quality Council and provides for a hearing before an Administrative Law Judge for the Department.

Environmental Health Services Civil Defense Disaster (HR 1002) This resolution states the intent of the House, that after the Legislature goes into session, to appropriate money to the Civil Defense Disaster Relief Fund to replenish said Fund to provide matching funds for federal assistance. Floodplain Boards Fees (HB 1329) Current law authorizes the Oklahoma Resources Board, boards of county commissioners and municipal governing bodies to establish floodplain boards for their respective areas of jurisdiction that may adopt, administer and enforce floodplain management regulations for certain purposes. This act adds the purpose of establishing and charging reasonable fees, not to exceed $500, for services provided by the Board, county commissioners and municipalities in the administration of their responsibilities pursuant to the Oklahoma Floodplain Management Act. Wildlife Conservation Commission (SB 477) This measure expands the powers and duties of the Wildlife Conservation Commission. In addition to its current duties, the Commission must promulgate rules to sell fishing and hunting licenses via the Internet.

Environmental Land Management Environmental Remediation (HB 1033) As part of an omnibus act relating to the powers of county commissioners, this act allows them to use county funds and resources for environmental remediation of land, including land owned by public trust authorities if the Department of Environmental Quality certifies that the property is polluted or contaminated to such a degree that remediation is necessary to restore the environment. Remediation of the contamination or pollution will be pursuant to a remediation plan approved by the Department. Unless the Department determines that it is unnecessary under the circumstances, the plan will include a component describing erosion control and revegetation measures to be implemented. The plan will not be approved until the local conservation district has certified the erosion control and revegetation measures as appropriate. The county may seek reimbursement for its remediation costs

179 OKLAHOMA and expenses from state or federal monies or other sources, if any are authorized and available for such purpose. Ottawa Reclamation Authority (HB 1018) This legislation recreates the Ottawa Reclamation Authority, a land restoration and reclamation district, until July 1, 2003. Prescribed Burning (HB 1633) This purpose of this act is to authorize and promote the continued use of prescribed burning for ecological, rangeland and cropland management, forestry, and wildlife life management purposes. It provides criminal and nuisance liability relief for persons who conduct prescribed burning pursuant to the provisions of this act. This measure makes it lawful for an owner of croplands, rangelands or forestlands to set these on fire for the following purposes:

l managing and manipulating plant species present whether grass, weeds, brush or trees; and

l destroying detrimental or unwanted plants, plant parts, shrubs or trees in the croplands, rangelands or forestlands. This act does not exempt or release a person from civil liability for damages or injury incurred as a result of the burn or for criminal liability as imposed pursuant to the Oklahoma Forestry Code. Within 60 days prior to conducting a prescribed burn, the owner of the land to be burned must orally or in writing notify all landowners whose lands adjoin the owner’s land to be burned. In addition, the owner will submit the prescribed burning notification plan specified in this act and submit such plan to the rural fire department nearest the land to be burned. If the land is in a protection area, the owner will also submit a copy of the plan to the local office or local representative of the Forestry Division nearest the land to be burned.

Hazardous Waste & Substance Management Hazardous Materials Transportation (HB 1086) Among other provisions, this act requires commercial motor vehicles that are required to be placarded for hazardous materials before crossing at grade any track or tracks of a railroad, to stop such vehicle within 50 feet but not less than 14 feet from the nearest rail of such railroad and listen and look in both directions along such track for any approaching train, and will not proceed until he can do so safety. Hazardous Waste Fee (SB 196) This legislation repeals certain reciprocal hazardous waste fees and deletes the requirement for the payment of a certain fee. In addition, for purposes of on-site hazardous waste facilities, receipt of waste is deemed to have occurred when it is first managed in any unit or manner that requires a hazardous waste permit.

Solid Waste Burrow Areas (SB 89) This act authorizes the Board of Environmental Quality to regulate burrow areas for soils to be used in solid waste disposal sites. Regulation authority over such areas will be exclusive to the Board and the Department of Environmental Quality.

180 Solid Waste Landfills (SB 337) This act authorizes the board of county commissioners of any county in which there is located within an unincorporated area of the county a construction/demolition landfill that receives more than 200 tons per day of solid waste to enact and enforce ordinances and regulations to restrict and control noise, dust and traffic associated with the landfill and to limit the impact of these factors on the aesthetic and economic interests of adjacent or nearby neighborhoods or businesses. This authorization extends to the board of any adjacent counties to the extent that roads in that county provide access to the landfill. The Department of Environmental Quality will establish standards for and oversee the remediation of contaminated soils resulting from releases or spills associated with transit or other activities not subject to permitting requirements and not subject to the jurisdiction of another state environment agency. In addition, this act provides that the owner or operator of any commercial solid waste landfill, over 50 feet in height above natural surface contours that accepts more than 200 tons per day of solid waste, must submit a vegetation plan to the Department for approval. The plan will address establishment and maintenance of appropriate vegetative cover for the purposes of erosion and dust control and aesthetic enhancement, and will be implemented in waste disposal areas that have been undisturbed for 90 days. The Environmental Quality Board will promulgate rules, developed and recommended by the Solid Waste Management Advisory Council, relative to the contents of the plan. Waste Tire Permits (HB 1033) As part of an omnibus act relating to the powers of county commissioners, this legislation provides that they may apply to the Department of Environmental Quality for a waste tire permit to bale waste tires for use in approved engineering projects. Waste Tire Recycling Act Amended (SB 197) This legislation amends the Oklahoma Waste Tire Recycling Act. It adds to the definition of “waste tire processing” to include the cleaning, sorting and delivery of whole tires, in a ready-to-use condition, to businesses that utilize processed tires for energy or fuel recovery. Businesses located in the State that use processed tires for energy or fuel recovery will be eligible for compensation from the Waste Tire Recycling Indemnity Fund at a rate not to exceed $29 per ton of processed tires used for energy or fuel recovery. To the extent that monies accruing to the Waste Tire Recycling Indemnity Fund exceed the monies needed for the purposes previously specified in this act, the Department of Environmental Quality may be reimbursed from the remaining funds for necessary costs associated with remediation of sites at which waste tires or other wastes incidental to the waste tires present a threat to human health or the environment. In addition, the Oklahoma Tax Commission is authorized to award matching grants to public schools or institutions, state parks and recreation areas for the purpose of reimbursing such entities for purchasing and installing playground surfacing material made from crumb rubber or other waste tire material processed by a facility located in the State. Beginning July 1, 2001, when the total amount of funds accruing to the Waste Tire Recycling Indemnity Fund reaches $3 million, an amount not exceeding $1 million may be expended from the Fund within that fiscal year for the reimbursement through matching grants of playground resurfacing material purchased.

181 OKLAHOMA Waste Tire Recycling Indemnity Fund Reimbursements (HB 1398) This measure provides that to the extent that monies accruing to the Waste Tire Recycling Indemnity Fund exceed the monies needed for the purposes specified by the Oklahoma Waste Tire Recycling Act and the provisions of this act, the Department of Environmental Quality may be reimbursed form the remaining funds for necessary costs associated with remediation of sites at which waste tires or other wastes incidental to the waste tires present a threat to human health or the environment. In addition, this act contains the following provisions:

l any unit of local or county government may apply to the Department for a waste tire permit to bale waste tires for use in approved engineering projects;

l any unit of local or county government that obtains a permit will be eligible for compensation from the Indemnity Fund at the rate of 50 cents per tire;

l waste tires baled pursuant to this act cannot be obtained from tire manufacturers, retailers, wholesalers, retreaders, or parts dismantlers; and

l the Board of Environmental Quality will promulgate rules necessary to implement the use of baled tires.

Water & Sewer Districts/Systems Annual Audit (SB 516) Current law provides that the Office of the State Auditor and Inspector will perform an annual audit of any expenditure from the Wastewater Facility Construction Revolving Loan Account. This measure authorizes the Oklahoma Water Resources Board to complete the audit. Professions and Occupations Relating to Sewage Disposal Systems (HB 1723) This act provides that individuals registered under the Oklahoma Sanitarian and Environmental Specialist Registration Act who are employed by the State will not perform soil tests to design sewage disposal systems for compensation. This act will not preclude the State from receiving compensation for soil tests performed by these individuals as part of their official State employment duties. On and after July 1, 2002, any person, before engaging in the installation of individual sewage disposal systems, will first obtain certification from the Department of Environmental Quality. These provisions will only apply to persons who install more than 10 individual sewage disposal systems per calendar year. “Individual sewage disposal systems” means a system that serves an individual residence or duplex and is not available for use by the general public. Environmental Specialists employed by the Department may perform soil profile descriptions to design individual and other subsurface sewage disposal systems. The Department first must certify such individual. The Environmental Quality Board will promulgate rules that will include, but not be limited to, the following items:

l establishment of minimum requirements for each type of certification;

l establishment of procedure and schedule for the assessment of penalties for failure to comply with this act or rules promulgated pursuant thereto;

l establishment of procedures for suspension, revocation and nonrenewal of a certification; and

182 l a requirement that an annual fee will be paid to the Department for each certification. The Water Quality Management Advisory Council will recommend proposed rules to the Board. The Department may assess administrative penalties and may revoke or suspend or deny renewal of a certification for any violation of this act. Rural Water Districts (SB 617) This measure requires the Oklahoma Resources Board to provide workshop training sessions for board members of rural water districts and not-for-profit rural water corporations throughout the year on a regional basis for the purpose of study and instruction in the areas of financing, law and the ethics, duties and responsibilities of such board members. Such training will be provided by the Board in conjunction with the Oklahoma Rural Water Association as required by law.

Water Quality & Conservation Canadian River Compact (SR 18) This resolution recommends that the State institute an action in the United States Supreme Court to address the Canadian River Compact violations that have occurred and continue to occur by the State of Texas. Flotation Device Fees (SB 446) Current law authorizes the Scenic River Commission for the Flint Creek, Illinois River and those portions of Barren Fork Creek within Cherokee County to charge a user fee of $1 per trip per commercially owned and operated flotation device to be paid by the individual renting the device. This act authorizes the Commission to charge a $2 per trip per raft to be paid by the individual renting the raft. The fee will be paid into the Scenic Rivers Commission Revolving Fund. A per-trip user fee of $1 will also be levied on privately owned flotation devices and a $2 per trip flotation fee will be levied on privately owned rafts. Property owners adjacent to the rivers under the operating area of the Commission may own and operate one flotation device for their individual use without paying the user fees assessed in this act. Scenic River Commission (HB 1274) This legislation provides that the Scenic River Commission will promulgate rules governing the procedure and conduct of elections for Commission members. Such rules will be consistent with the purposes of general elections laws except where otherwise provided for by this act. This act also clarifies certain election procedures. Well Permits (HB 1480) This act requires the Oklahoma Water Resources board to approve an application for a water well permit if the Board finds that it meets the following criteria:

l the lands owned or leased by the applicant overlie the fresh groundwater basin or subbasin;

l the use to which the applicant intends to put the water is a beneficial use; and

l waste specified by this act will not occur. When determining whether waste will occur, if the activity for which the applicant intends to use the water is required to comply with rules and requirements of or is within the jurisdictional areas of environmental responsibility of the Department of Environmental Quality or the State Department of

183 OKLAHOMA Agriculture, the Board will be precluded from making a determination whether waste by pollution will occur as a result of such activity. Each groundwater protection agency, will be responsible for developing and enforcing groundwater protection practices to prevent contamination from activities within their respective jurisdictional areas of environmental responsibilities.

184 Puerto Rico Introduction During the 2001 session, the Puerto Rico Legislative Assembly adopted four measures relating to environmental protection matters. Three of the measures pertained to Environmental Land Management. Senate Bill 24, for example, establishes the first week in May as Puerto Rican Land Week. In addition, Senate Bill 149 integrated the Trust for the Development, Operation and Conservation of the National Parks of Puerto Rico with the Recreation Development Corporation to establish the National Parks Corporation of Puerto Rico. Furthermore, Senate Bill 148 establishes the National Parks System of Puerto Rico. The legislation sets forth the objectives, administration, powers and duties of the Executive Director of the National Parks Corporation of Puerto Rico. It also establishes the procedures for its designation and establishes the areas that will initially form part of the National Parks System. Initially, a total of 21 parks have been designated as part of the Parks System. On the subject of Pollution Control, House Bill 981 created the Prohibition of Noxious Noises Act of 2001 to eliminate noise pollution for the health and well being of the residents of the Commonwealth of Puerto Rico. This act determines what noise pollution will be considered noxious to the health and well being of the residents and prohibits all sources of activity that produce major noise levels in the surrounding waters of the island, with the exception of navigable commercial routes. It also establishes penalties.

185 PUERTO RICO 186 Puerto Rico Legislation Category Comparison

Environmental Legislation AQ Air Quality CZM Coastal Zone Management 3 EA Environmental Audits EHS Environmental Health Services ELM Environmental Land Management HW&SM Hazardous Waste & Substance Management LLRW Low-Level Radioactive Waste PC Pollution Control R Reclamation 2 R/C Reorganization/Coordination SW Solid Waste WSD/S Water & Sewer Districts/Systems WQ&C Water Quality & Conservation

1 Number of Bills Enacted Number of Bills Enacted

0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

187 PUERTO RICO 188 Puerto Rico Environmental Legislation

Environmental Land Management Land Week (SB 24) This legislation establishes the first week in May as Puerto Rican Land Week. This week is celebrated to give prominence to the values of the land and other natural resources. It is also celebrated to highlight the importance of agriculture as a major determining factor in the economy of Puerto Rico. National Parks Corporation (SB 149) This measure integrates the Trust for the Development, Operation and Conservation of the National Parks of Puerto Rico with the Recreation Development Corporation to establish the National Parks Corporation of Puerto Rico. The Corporation will operate the National Parks of Puerto Rico. The Corporation will also protect, conserve and utilize the parks, beaches, forests and historical and natural monuments so as to best preserve and maintain them for the enjoyment of present and future generations. National Parks System of Puerto Rico (SB 148) This act establishes the National Parks System of Puerto Rico. It sets forth the objectives, administration, powers and duties of the Executive Director of the National Parks Corporation of Puerto Rico. It also establishes the procedures for its designation and establishes the areas that will initially form part of the National Parks System. Initially, a total of 21 parks have been designated as part of the Parks System.

Pollution Control Prohibition of Noxious Noises Act of 2001 (HB 981) This measure creates the Prohibition of Noxious Noises Act of 2001, to eliminate noise pollution for the health and well being of the residents of the Commonwealth of Puerto Rico. This act will determine what noise pollution is considered noxious to the health and well being of the residents and will prohibit all sources of activity that produce major noise levels in the surrounding waters of the island, with the exception of navigable commercial routes. It also establishes penalties.

189 PUERTO RICO 190 South Carolina Introduction The South Carolina General Assembly passed 14 measures in the 2001 session relating to energy and environmental matters. In the energy arena, House Bill 3932, focused on Utilities. This legislation exempts certain utility services provided to an industrial user, except for the provision of gas service, from the Public Service Commission’s regulations under certain circumstances. Lawmakers enacted 13 bills concerning environmental issues. Relative to Solid Waste, House Bill 3821 establishes a three-year pilot program of alligator farming for the purpose of determining the feasibility of alligator farming for poultry mortality disposal. In the category of Water Quality & Conservation, Senate Bill 356 designates portions of the Black River as a scenic river. Other legislation in the categories of Coastal Zone Management and Environmental Health Services focused on hunting and fishing matters. For example, House Bills 3196 and 3805 both address changes in regulations for taking Shad. In addition, House Bills 3087 and 3359 addressed deer hunting. With regard to Environmental Land Management, Senate Bill 248 authorizes the Department of Natural Resources to promulgate regulations for the protection, preservation, operation, maintenance, and use of land owned by the Department.

191 SOUTH CAROLINA 192 South Carolina Legislation Category Comparison

Energy Legislation

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

8 AQ Air Quality CZM Coastal Zone Management EA Environmental Audits 7 EHS Environmental Health Services ELM Environmental Land Management 6 HW&SM Hazardous Waste & Substance Management LLRW Low-Level Radioactive Waste 5 PC Pollution Control R Reclamation R/C Reorganization/Coordination 4 SW Solid Waste WSD/S Water & Sewer Districts/Systems WQ&C Water Quality & Conservation 3 Number of Bills Enacted Number of Bills Enacted 2

0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

193 SOUTH CAROLINA 194 South Carolina Energy Legislation

Utilities Utilities Exempt from Regulation (HB 3932) This legislation exempts certain utility services provided to an industrial user, except for the provision of gas service, from the Public Service Commission’s regulations under certain circumstances:

l the user and provider have agreed to a written contract for the services;

l the user is located in a privately owned industrial park; and

l where jurisdictional utilities have agreed in writing to waive their right to notice and opportunity for a hearing on the contract, and require the provider of utility services to file the written agreement with the Commission.

195 SOUTH CAROLINA 196 South Carolina Environmental Legislation

Coastal Zone Management Bait for Trotlines (HB 3237) This measure removes the prohibition on the use of bream as bait on certain trotlines after June 30, 2001, on the Edisto, Black, Sampit, Big Pee Dee, Little Pee Dee, Lumber, and Waccamaw Rivers. Crab Pots (SB 248) Among other things, this legislation makes it unlawful to use crab pots for commercial purposes in Little Chechessee Creek in Beaufort County. Fish Imports (HB 3642) In relation to special permits for importing certain fish, this act authorizes the issuance of permits for educational purposes by the Department of Natural Resources. The Department may also condition permits to safeguard public safety and welfare and prevent the introduction into the wild or release of nonnative species of fish or other organisms into the waters of the State. No Wake Zone (HB 3173) This legislation establishes a no wake zone on a portion of the Cooper River lying between channel marker 13 in the vicinity of Pimlico Plantation and the water check station in the vicinity of Bluff Plantation. It also repeals a no wake zone at Pimlico Boat Landing in Berkeley County. Season on Shad in Winyah Bay Drainage System (HB 3196) This act changes the opening date for the season for taking Shad in a portion of the Winyah Bay Drainage System from February 15 to February 1. Shad (HB 3559) This measure changes the times for taking shad during shad season in the following locations:

l in a portion of the Winyah Bay Drainage System, the time changes from 7 a.m. Tuesday to Monday noon; and

l in a portion of the Santee River below U.S. Highway 41 bridge seaward, the time changes from Tuesday noon to Saturday noon to Monday noon to Saturday noon. Shad and Herring in the Santee River (HB 3805) This measure provides for seasons, times, methods, equipment, size, and limits for taking Shad in certain portions of the Santee River and the Rediversion Canal. It also provides for taking herring in that portion of the Santee River below the cable and buoys marking the seaward boundary of the Wilson Dam Sanctuary designated by the Department of Natural Resources seaward to Wilson Dam Landing. This measure further provides for no open season in the Santee River seaward of Wilson Boat Landing. Striped Bass (SB 318) This act makes it unlawful to harvest striped bass and striped bass hybrids in the Savannah River from the Augusta Diversion Dam downstream to Fields Cut and the Atlantic Intracoastal Waterway. This harvest restriction is in effect until June 30, 2006.

197 SOUTH CAROLINA Environmental Health Services Open Season for Antlered Deer (HB 3087) This legislation conforms the open season for taking antlered deer in Game Zone 1 to the open season for taking antlered deer in Game Zone 2 as follows:

l October 1-10, primitive weapons only;

l October 11-16, archery equipment and firearms, Sundays excepted; and

l October 31-January 1, archery equipment and firearms, Sundays excepted. Sale of Deer, Deer Parts, and Venison (HB 3359) This act makes it unlawful to buy, sell, barter, or have in possession for sale live deer, certain deer parts, or venison except as provided under current law. The provisions of this act do not apply to the sale or purchase of exotic farm-related venison products that are fully cooked or preserved in a manner allowing for human consumption with no further preparation.

Environmental Land Management Land Protection (SB 248) Among other things, this act authorizes the Department of Natural Resources to promulgate regulations for the protection, preservation, operation, maintenance, and use of land owned by the Department. It also provides that hunting, fishing, bag and creel limits, hiking, rock climbing, operation of motorized and nonmotorized vehicles, swimming, camping, horse riding, operation of boats, possession of pets, gathering plants, use of fire, polluting water, acting in a disorderly manner, and operating or using audio devices or any other noise producing devices in such a manner to disturb other persons are unlawful on land owned by the Department. The Department may promulgate regulations and emergency regulations allowing these activities if they are not inconsistent with the protection, preservation, operation, maintenance, and use of Department lands.

Solid Waste Alligator Farming for Poultry Mortality Disposal (HB 3821) This joint resolution establishes a three-year pilot program of alligator farming for the purpose of determining the feasibility of alligator farming for poultry mortality disposal. Until July 1, 2004, any person 18 years or older may establish an alligator farm for the purpose of poultry mortality disposal by complying with certain terms, conditions, and provisions relating to participating in the pilot program.

Water Quality & Conservation Black River (SB 356) This act designates portions of the Black River as a scenic river. The portion is located between Clarendon County Road No. 40 bridge and downstream to the Pea House Landing at the end of Georgetown County Road No. 38.

198 Tennessee Introduction During the 2001 session, the Tennessee General Assembly passed 43 measures pertaining to energy and environmental matters. Ten of the measures addressed energy issues. In the category of Natural Gas/Petroleum, for example, Senate Bill 582 extends the special committee to study issues relating to natural gas distribution and deregulation in Tennessee from February 1, 2001, until February 1, 2003. House Bill 540 authorizes retail petroleum stations meeting certain requirements to sell dyed diesel fuel. Also, Senate Bill 69 extended the termination date of the Petroleum Underground Storage Tank Board until June 30, 2005. With regard to Utilities, Senate Bill 1879 specifies that an energy acquisition corporation, in its role as a provider of natural gas and electrical power, has the power to provide necessary management services. In addition, House Bill 1960 provides that, among the precautions to be taken in any excavation or demolition operation to avoid underground utility damage, each utility must be installed with sufficient clearance to permit the maintenance of existing utilities and to protect against damage to existing utilities. Lawmakers also enacted 33 measures concerning environmental issues. In the category of Air Quality, for example, Senate Bill 48 extends the termination date of the Air Pollution Control Board until June 30, 2005. Similarly, in the category of Environmental Health Services, Senate Bill 99 extends the termination date of the Drycleaner Environmental Response Board until June 30, 2007. In that same category, Senate Bill 1841 authorized local governments to provide for the use of employees and equipment for disaster relief without requiring the recipient political subdivision to reimburse the lending subdivision as existing law required. Also, House Bill 289 authorized municipalities, whose charters do not contain provisions to the contrary, to design, or cause to be designed, contract for, execute, or cause to be executed, improvements or alterations for flood control, water management, soil erosion, and disaster relief. No federal funds would be assessed against property within the flood plain in which the improvements were made. Relative to wildlife protection, Senate Bill 390 created a Class B misdemeanor for the offense of hunting, killing, trapping, ensnaring, destroying, or attempting to destroy, or possessing albino or white deer. In addition, Senate Bill 1189 established a Class A misdemeanor for any person to hunt or kill an elk out of season. In the area of Environmental Land Management, Senate Bill 1888 designates the Sequatchie Cave and Langford Branch as natural-scientific areas. This legislation also adds civil penalties of up to $10,000 per day for the following offenses: damage or vandalism to any natural area; removal of any rare, threatened or endangered species; and any other violation of the promulgated rules pertaining to natural areas. With regard to storm water management, Senate Bill 179 included any incorporated city of town, county, metropolitan or consolidated government or special district affected by environmental protection agency storm water regulations to those entities authorized to regulate storm water discharges, establish drainage facilities, and to fix and require payments of fees for the privilege of discharging storm water. The legislation specifies that counties only have such authority outside the jurisdiction of an incorporated city or town. Existing law specified that only municipalities having a population exceeding 75,000 could regulate storm water. Similarly, House Bill 252 authorized local governments to provide for the transfer of development rights in their zoning regulations. Under existing law, provisions relating to the transfer of development rights only applied in counties having a metropolitan form of government. Relative to Hazardous Waste & Substance Management, Senate Bill 1650 requires the Commissioner of Environment and Conservation to establish a program for the education of owners

199 TENNESSEE and occupants of target housing and child-occupied facilities concerning lead-based paint hazards. The legislation established that the program must meet the requirements of the federal program. In other legislation, Senate Bill 965 increased the fine for leaving a truck containing medical or hazardous waste unsecured and unattended from $2,500 to $5,000. It also requires that the driver license of the truck driver be suspended for six months in addition to the fine imposed on the owner. Furthermore, Senate Bill 1586 requires reauthorization every three years instead of every five years for any persons that use, supervise the use of, by or sell restricted use pesticides. Four measures addressed the category of Solid Waste. Senate Bill 1461 requires the Department of Safety to conduct a promotional campaign regarding used oil collection facilities and the benefits of recycling used oil. Senate Bill 667 prohibits use of treated ash aggregate in occupied or unoccupied residential areas. The legislation provides that a violation of this act would be punishable as a Class B misdemeanor. Additionally, Senate Bill 123 extends the termination date of the Solid Waste Disposal Control Board until June 30, 2005. Similarly, Senate Bill 57 extends the termination date of the Tennessee Municipal Solid Waste Advisory Committee until June 30, 2007. A variety of legislation focused on water management related issues. In the category of Water Quality & Conservation, for example, House Bill 1374 added Caney Fork River to the Class I - Natural River Areas and Duck River to the Class II - Pastoral River Areas. This measure revised existing law to require the Commissioner of Environment and Conservation to engage in a program of outreach and education of the property owners in the area and the local community to explain the program and the environment and economic benefits it affords. The Commissioner also must obtain notarized consent of the private landowner before establishing the boundary. Other legislative initiatives extended the termination dates for both the Board of Ground Water Management (Senate Bill 122) and the Water Quality Board (Senate Bill 104) until June 30, 2005. Similarly, in the category of Water & Sewer Districts/Systems, House Bill 960 extends the termination date of the Wastewater Financing Board until June 30, 2007. Other measures allow for the creation of the Bledsoe Regional Water Authority on behalf of Bledsoe County, the Southern Water Authority on behalf of Giles County, the Water Authority of Dickson County and the Wautaga River Regional Water Authority on behalf of Carter County.

200 Tennessee Legislation Category Comparison

Energy Legislation

7 AED Alternative Energy Developments C&M Coal & Minerals EE Energy Efficiency 6 NG/P Natural Gas/Petroleum R/C Reorganization/Coordination ST Severance Taxes 5 U Utilities

Number of Bills Enacted Number of Bills Enacted 2

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

AQ Air Quality 7 CZM Coastal Zone Management EA Environmental Audits EHS Environmental Health Services 6 ELM Environmental Land Management HW&SM Hazardous Waste & Substance Management 5 LLRW Low-Level Radioactive Waste PC Pollution Control R Reclamation 4 R/C Reorganization/Coordination SW Solid Waste WSD/S Water & Sewer Districts/Systems 3 WQ&C Water Quality & Conservation

Number of Bills Enacted Number of Bills Enacted 2

0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

201 TENNESSEE 202 Tennessee Energy Legislation

Natural Gas/Petroleum Natural Gas Distribution and Deregulation (SB 582) This legislation extends the special committee to study issues relating to natural gas distribution and deregulation of natural gas in Tennessee from February 1, 2001, until February 1, 2003. Petroleum Underground Storage Tank Board Extended (SB 69) This measure extends the termination date of the Petroleum Underground Storage Tank Board until June 30, 2005. Under the Tennessee Governmental Entity Review Law, the Board is scheduled to terminate on June 30, 2001. Retail Sale of Dyed Diesel Fuel (HB 540) This act authorizes retail petroleum stations that meet the requirements outlined below to sell dyed diesel fuel:

l a retailer must obtain a retailer’s license to sell dyed diesel fuel;

l a licensed retailer selling dyed diesel fuel must dispense such fuel to the end user in a certain manner;

l the outside diameter for the dispensing nozzle on the pump must be less than one and three- eighths inches; and

l all retail sales of dyed diesel fuel must be recorded at or near the time of the sale along with a detailed invoice. The legislation also authorizes a licensed wholesaler to sell dyed diesel fuel using a customer- controlled pump located under certain conditions.

Utilities Energy Acquisition Corporations (SB 1879) This measure specifies that in its role as a provider of natural gas and electrical power, an energy acquisition corporation has the power to provide necessary management services including technical, financial, engineering, promotional, and educational services related to its efforts to adequately, dependably and economically supply natural gas and electrical power to private persons and public or private entities. Jackson Energy Authority Act (HB 2017) Subject to local approval, this measure creates the Jackson Energy Authority. The Authority will plan, acquire, construct, improve, furnish, equip, finance, own, operate, and maintain water, wastewater, gas, telecommunications and electric utility systems within or outside the corporate limits of the City of Jackson. Morristown Utilities Commission (HB 1338) Subject to referendum approval, this act renames the Board of Electric Light and Waterworks Commissioners of the City of Morristown as the Morristown Utilities Commission. The Commission

203 TENNESSEE will have the authority to manage and control the electric power and water utilities and, subject to city council approval, all other municipal utilities of the City of Morristown, except sewer, which are both within and without the corporate limits of the City. Per Diem Payments for Utility Board - Knox and Shelby Counties (SB 1727) This act increases the maximum per diem payment for members of a utility district board of commissioners in any county having a charter form of government (Knox and Shelby Counties) to $350 per meeting for districts having more than 5,000 users and $100 for districts having 5,000 or fewer users. Current law specifies $100 for districts having more than 5,000 users and $50 for districts having less than 500 users. Per Diem Payments for Utility Board - Sullivan County (SB 1790) This measure specifies that members of the board of commissioners of a utility district in any county having a population of not less than 140,000 nor more than 145,000 according to the 1990 or subsequent federal census (Sullivan County) may receive per diem payments of not more than $250 per meeting. Current law specifies per diem payments of $50 or $100 depending on the size of the district. This measure also requires a resolution increasing per diem payments under the provisions of this act to be ratified by a majority of the customers attending a meeting where one or more persons will be elected to serve on the board. Written notice of the meeting must be sent to all customers of the utility district at least 30 days prior to the date of the meeting. Underground Utility Damage Prevention (SB 330) This legislation includes among the precautions to be taken in any excavation or demolition operation to avoid underground utility damage that each utility must be installed with sufficient clearance to permit the maintenance of existing utilities and to protect against damage to existing utilities. Utilities Board of the City of Athens (HB 1960) Subject to local approval, this legislation specifies that expenditures of the Utilities Board of the City of Athens greater than $10,000 require competitive bidding. Current law specifies expenditures greater than $4,000.

204 Tennessee Environmental Legislation

Air Quality Air Pollution Control Board Extended (SB 48) This act extends the termination date of the Air Pollution Control Board until June 30, 2005. Under the Tennessee Governmental Entity Review Law, the Board was scheduled to terminate on June 30, 2000.

Environmental Health Services Albino or White Deer (SB 390) This measure creates a Class B misdemeanor for the offense of hunting, killing, trapping, ensnaring, destroying, or attempting to destroy, or to have in such person’s possession albino or white deer that are white except for the hooves, tarsal glands, head and parts of the head. Dam Safety (HB 110) This legislation requires a contractor engaged in proposed, actual construction or development in a flood plain of a dam to post bond in cash or accepted sureties in an amount sufficient to cover the reasonable cost of enlargement, repair, or alterations to the dam plus the Commissioner of Environment and Conservation’s costs in administering the bond. It will be unlawful for any contractor to begin construction or development prior to posting the bond. Drycleaner Environmental Response Board (SB 99) This act extends the termination date of the Drycleaner Environmental Response Board until June 30, 2007. Under the Tennessee Governmental Entity Review Law, the Board is scheduled to terminate on June 30, 2001. Elk (SB 1189) This measure establishes a Class A misdemeanor for any person to hunt or kill an elk out of season. The court will have the authority to order payments of restitution to the Tennessee Wildlife Resource Agency (TWRA) as part of the punishment for any person convicted of illegally or improperly killing or possessing a wild elk. In addition to any other relevant factors to consider when determining the amount of restitution, the court will include the costs associated with the reintroduction of a wild elk. This act also creates civil damages against a person illegally or improperly killing or possessing an elk and establishes a fine of $1,000 for each wild elk killed or possessed payable to the TWRA. Emergency Management System (SB 1841) This legislation authorizes local governments to provide for the use of employees and equipment for disaster relief without requiring the recipient political subdivision to reimburse the lending subdivision. Current law requires reimbursement. This legislation also makes sending a copy of the reciprocal disaster relief agreement to the Tennessee Emergency Management Agency permissive rather than mandatory. Special Assessments (HB 289) This act authorizes municipalities, whose charters do not contain provisions to the contrary, to design, or cause to be designed, contract for, execute, or cause to be executed, improvements or alterations

205 TENNESSEE for flood control, water management, soil erosion, and disaster relief. No federal funds will be assessed against property within the flood plain in which the improvements are made. This act also provides for appeal of such assessments by the property owner.

Environmental Land Management Classification of Property (SB 1068) This measure changes the application date for classification of property as agricultural, forest land, or open space from April 1 to March 1 effective January 1, 2002. A parcel of land so classified will be valued by dividing three into the sum of two times the use value plus the farm land value. Current law specifies the land schedule value rather than farm land value. The rate of increase in per-acre present use values will not exceed a factor measured by the number of years since the last reappraisal times 7 percent. This act also provides for the collection of rollback taxes from the date written notice is provided by the assessor that the property no longer qualifies as agricultural, forest or open space. Current law provides for such rollback taxes to be levied and collected on the first tax roll prepared after such taxes become payable. Friends of the Great Smoky Mountains (SB 171) This legislation clarifies that the funds from the sale of the Friends of Great Smoky Mountains specialty earmarked license plates after deducting of the expenses of the Department of Safety to manufacture and market such plate will be allocated to the Friends of the Great Smoky Mountains Endowment Fund. Natural-Scientific Areas (SB 1888) This act designates the Sequatchie Cave and Langford Branch as natural-scientific areas. It also increases the size of the following natural-scientific areas as follows:

l Fall Creek Falls State Park, a Class II Natural-Scientific Area, 4,990 acres, in Van Buren and Bledsoe Counties;

l Couchville Cedar Glade, a Class II Natural-Scientific Area, 7 acres, in Davidson County;

l North Chikamauga Creek Gorge, a Class II Natural-Scientific Area, 152 acres, in Hamilton County;

l Flat Rock Cedar Glades and Barrens, a Class II Natural-Scientific Area, 270 acres, in Ruther- ford County. In addition, this measure adds civil penalties up to $10,000 per day for the following offenses:

l damage or vandalism to any natural area;

l removal of any rare, threatened or endangered species; and

l any other violation of the promulgated rules pertaining to natural areas. The Commissioner of Environment and Conservation may institute proceedings for assessment in chancery court where all or part of the violation occurred. The Commissioner may seek injunctive relief or any other relief available in law or equity. Storm Water Management (SB 179) This measure includes any incorporated city of town, county, metropolitan or consolidated government or special district affected by environmental protection agency storm water regulations to

206 those authorized to regulate storm water discharges, establish drainage facilities, and to fix and require payments of fees for the privilege of discharging storm water. Specifies that counties only have such authority outside the jurisdiction of an incorporated city or town. Current law specifies that only municipalities having a population exceeding 75,000 can regulate storm water. Transfer of Development Rights (HB 252) This legislation authorizes local governments to provide for the transfer of development rights in their zoning regulations. Under current law, provisions relating to the transfer of development rights only apply in counties having a metropolitan form of government.

Hazardous Waste & Substance Management Department of Environment and Conservation Requirements Deleted (SB 1043) The Department of Environment and Conservation is no longer required to provide an annual report to the General Assembly concerning expenditure of funds from the Hazardous Waste Remedial Action Fund, nor to conduct public hearings to receive comments concerning the Fund. Lead-Based Paint (SB 1650) This act requires the Commissioner of Environment and Conservation to establish a program for the education of owners and occupants of target housing and child-occupied facilities concerning lead- based paint hazards. Such a program is required to meet the requirements of the federal program. Persons who perform renovation in such facilities for compensation are required to provide owners and occupants with a lead hazard information pamphlet prior to commencing the renovation. It is unlawful for persons performing renovations to fail to comply with the requirements of this act. Fees collected go into the Environmental Protection Fund. Peace Officers (SB 506) This measure provides for a Category I Nuclear Facility to apply to the Commissioner of Safety for the appointment and commissioning of peace officers subject to the same rights and limitations as peace officers appointed by the Tennessee Valley Authority. Specifies that the peace officers will have the power to make arrests for public offenses committed against employees or agents or against the property of the Facility and to make arrests anywhere in the State when pursuing someone fleeing after committing such an offense. Restricted Use Pesticides (SB 1586) This act requires reauthorization every three years instead of every five years for any persons that use, supervise the use of, buy or sell restricted use pesticides. It limits the distance, to a 120-mile radius, that a supervisor can be from a competent person lawfully applying restricted use pesticides and still consider such person to be under the supervisor’s direct supervision. In addition, this act revises the current penalty provision of a Class A misdemeanor relative to holding a valid charter to apply such penalties to separate offenses and will also render a person convicted of such to be ineligible to obtain a charter or license for one year for the time of conviction. Trucks (SB 965) This legislation increases the fine for leaving a truck containing medical or hazardous waste unsecured and unattended from $2,500 to $5,000. The driver license of the driver of such a truck will be suspended for six months in addition to the fine imposed on the owner.

207 TENNESSEE Solid Waste Municipal Solid Waste Advisory Committee Extended (SB 57) This measure extends the termination date of the Tennessee Municipal Solid Waste Advisory Committee until June 30, 2007. Under the Tennessee Governmental Entity Review Law, the Committee is scheduled to terminate on June 30, 2001. Promotional Campaign for Recycling Used Oil (SB 1461) This legislation requires the Department of Safety to conduct a promotional campaign regarding used oil collection facilities and the benefits of recycling used oil. The campaign will include, but is not limited to, the inclusion of information concerning the used oil collection act in motor vehicle registration renewal notices. Such information will include used oil collection sites and the Department of Environment and Conservation’s toll-free telephone number. Solid Waste Disposal Control Board (SB 123) This act extends the termination date of the Solid Waste Disposal Control Board until June 30, 2005. Under the Tennessee Governmental Entity Review Law, the Board was scheduled to terminate on June 30, 2000. Treated Ash (SB 667) This measure prohibits use of treated ash aggregate in occupied or unoccupied residential areas. A violation of the provisions of this act is punishable as a Class B misdemeanor. The provisions of this measure will be governed and enforced by the State Fire Marshall’s office.

Water & Sewer Districts/Systems Bledsoe Regional Water Authority (SB 1763) This legislation creates the Bledsoe Regional Water Authority on behalf of Bledsoe County. The purpose of the Authority is to plan, acquire, construct, improve, extend, furnish, equip, finance, own, operate, and maintain a water and wastewater system. In addition, the Authority will plan and develop the water resources of the geographic region and provide necessary wastewater collection and treatment. Furthermore, the Authority will provide environmental services and secure economic benefits to the geographic region that it encompasses and serves. Board Vacancy (HB 1585) This act affects only water utility districts having a service area that includes territory within an adjoining state but primarily in this State in a county having a population of not less than 22,600 nor more than 22,700 (Hardin County) according to the 1990 or any subsequent federal census. In the event a vacancy occurs on the board of such a district, the remaining commissioners will appoint an interim board member to serve until the next regularly scheduled election. Each customer of the utility district will have one vote regardless of the number of meters registered to him or her. Current law allows one vote for each utility bill. In addition, this act prohibits voting by mail or proxy. A sample ballot will be sent to all customers prior to the election rather than an actual ballot. Southern Water Authority (SB 1990) Subject to local approval, this act establishes the Southern Water Authority on behalf of Giles County. The purpose of the Authority is to plan, acquire, construct, improve, extend, furnish, equip, finance, own, operate, and maintain a water and wastewater system. In addition, the Authority will plan and develop the water resources of the geographic region and provide necessary wastewater collection and

208 treatment. Furthermore, the Authority will provide environmental services and secure economic benefits to the geographic region that it encompasses and serves. Wastewater Financing Board Extended (HB 960) This measure extends the termination date of the Wastewater Financing Board until June 30, 2007. Under the Tennessee Governmental Entity Review Law, the Board is scheduled to terminate on June 30, 2001. Water Authority of Dickson County (HB 2010) Subject to local approval, this legislation creates the Water Authority of Dickson County to replace the Dickson County Water Authority. It also establishes the membership of the Water Authority Board of Commissioners. Water Utility District Board (SB 284) This legislation only affects water utility districts having less than 1,600 subscribers in any county having a population of not less than 34,735 nor more than 34,800 according to the 1990 or any subsequent federal census (West Cumberland County Utility District). A five-member board will govern the District. Current law provides for a three-member board. Wautaga River Regional Water Authority (HB 1979) Subject to local approval, this measure creates the Wautaga River Regional Water Authority on behalf of Carter County. The purpose of the Authority is to plan, acquire, construct, improve, extend, furnish, equip, finance, own, operate, and maintain a water and wastewater system. In addition, the Authority will plan and develop the water resources of the geographic region and provide necessary wastewater collection and treatment. Furthermore, the Authority will provide environmental services and secure economic benefits to the geographic region that it encompasses and serves.

Water Quality & Conservation Board of Ground Water Management (SB 122) This act extends the termination date of the Board of Ground Water Management until June 30, 2005. Under the Tennessee Governmental Entity Review Law, the Board was scheduled to terminate on June 30, 2000. Methyl Tertiary Butyl Ether (HJR 228) This resolution urges the Congress of the United States to ban the use of methyl tertiary butyl ether (MTBE) as a fuel additive. MTBE may pose a risk to the public health and to the environment. At low levels of concentration, it can make water undrinkable. At higher levels, it can create cancer clusters and cause other non-cancerous health effects in animals. In addition, it is resistant to natural biodegradation. Monitoring water wells has shown little overall reduction in MTBE concentration over several years. Natural and Pastoral River Areas (HB 1374) This measure adds Caney Fork River to the Class I - Natural River Areas and Duck River to the Class II - Pastoral River Areas. This measure also revises current law to require the Commissioner of Environment and Conservation to engage in a program of outreach and education of the property owners in the area and the local community to explain the program and the environment and economic benefits it affords. The Commissioner must also obtain notarized consent of the private landowner before establishing the boundary.

209 TENNESSEE Scenic River Areas (HB 1374) This measure adds a segment of the Duck River to the Class II Pastoral River Areas. The Commissioner of Environment and Conservation will engage in a program of outreach and education of the property owners in the area of this river segment and the local community to explain the program and the environmental and economic benefits it affords. The State must obtain notarized consent of the private landowner before establishing the boundary. Water Quality Board Extended (SB 104) This legislation extends the termination date of the Water Quality Board until June 30, 2005. Under the Tennessee Governmental Entity Review Law, the Board is scheduled to terminate on June 30, 2002.

210 Texas Introduction The Texas Legislature adopted 25 measures pertaining to energy and environmental issues. Seven of these measures pertain to energy matters. For example, in the category of Natural/Gas Petroleum, Senate Bill 310, the Texas Railroad Commission (TRC) Sunset Act, Act increased funding for the Oil Field Clean-up Fund, raising $20 million by increasing oil field clean-up regulatory fees assessed on oil and gas production by 5/16 of a cent for crude oil and by 1/30 of a cent for natural gas. In addition, the legislation created a new $1,000 application fee for the Voluntary Clean-up Program. Senate Bill 310 requires the Railroad Commission to develop performance goals for the Clean-up Fund and to report its findings, on a region-specific basis, to the Legislature, in advance of the 2003 Session. The legislation also created an Oil Field Clean-up Fund Advisory Committee. In a separate measure, House Bill 981 increased the amount of information placed on a check stub pursuant to an oil and gas royalty payment. Lawmakers enacted 18 measures concerning environmental quality matters. With regard to Air Quality, Senate Bill 5 established the Texas Emissions Reduction Plan (TERP) to ensure that Texas’ air quality, particularly in the Dallas/Fort Worth and Houston/Galveston non-attainment areas, meet minimum federal air pollution reduction standards established under the federal Clean Air Act. The act also created a 15-member TERP Advisory Board. It provided a $126 million funding mechanism for the Texas Emissions Reduction Fund (TERF), funded largely through an increase in the fee charged on out-of-state vehicle registrations from the current $1.00 to $225.00. Additionally, the new law established a diesel emissions reduction incentive program to provide grants for eligible projects in order to offset the incremental cost of projects that reduce nitrous oxide (NOx) emissions from the highest-emitting diesel sources in non-attainment areas and effected counties. Furthermore, the legislation created the Texas Council on Environmental Technology (TCET), consisting of 11 members and charged with providing grants for emissions-reducing technologies. In conjunction with Senate Bill 5, House Bill 2134 serves as an integral part of Texas’ overall state implementation plan of air pollution reduction strategies required by the U.S. Environmental Protection Agency. House Bill 2134 implemented several automobile tailpipe emissions reductions strategies. The Texas Natural Resource Conservation Commission (TNRCC) and Texas Department of Public Safety received expanded authority and flexibility in identifying and reducing mobile sources of air pollution. The TNRCC allowed different testing methods, depending on the age of the vehicle. A portion of the testing fee will be used to fund an “assisted repair” system for low-income drivers. The measure also provides that vehicles may be purchased by a private entity or business seeking to obtain air emissions reduction credits, pursuant to TNRCC air credit banking programs. Concerning Environmental Health Services, House Bill 2912 changed the name of Texas’ primary environmental agency from the Texas Natural Resource Conservation Commission (TNRCC) to the Texas Commission on Environmental Quality, effective in 2004. The legislation also addressed excessive emissions events, defined as “upsets, unscheduled maintenance, startup, or shutdown activities,” that result in unauthorized emissions of air contaminants. Facility owners or operators are required to maintain records of all emission events occurring at the facility, and must notify the TNRCC (or its successor agency) within 24 hours of discovery of an emission event exceeding a “reportable quantity” (RQ). Owners or operators have two weeks to report specific information evaluating the event to the agency, and have to provide an annual emissions inventory report reflecting total emissions, including unreported emissions events. In addition, the Texas Natural

211 TEXAS Resource Conservation Commission (TNRCC) Sunset Act prohibits the State agency from establishing motor fuels standards that are more stringent than those imposed by the U.S. Environmental Protection Agency before the January 1, 2004 date by which the federal fuels standard must be developed. Relative to Water Quality & Conservation, Senate Bill 2 related to the development and management of Texas’ surface and groundwater resources and conjunctive management of both ground and surface water. The legislation created the 13-member Texas Water Advisory Council. Senate Bill 2 requires the Water Advisory Council to study and make recommendations on state water issues, such as the final implementation of a statewide comprehensive water plan, and to submit a report and make recommendations to the Legislature in advance of the 2003 Session. The new law also establishes the Water Infrastructure Fund, to be administered by the Texas Water Development Board, to provide funding for the implementation of water projects recommended through the state and regional water planning process. Furthermore, Senate Bill 2 created the Joint Committee on Water Resources, charged with meeting throughout the legislative interim to develop recommendations regarding water conservation, water financing solutions, developing superior water marketing strategies, improving water conveyance systems, balancing protection of wildlife and the environment, and protecting and preserving the natural conditions of state waterways. The act also required the TWDB, along with the 16 regional water planning groups, to develop groundwater availability modeling for all major and minor aquifers of the State and to provide those models to groundwater conservation districts and to regional water planning groups.

212 Texas Legislation Category Comparison

Energy Legislation

5 AED Alternative Energy Developments C&M Coal & Minerals EE Energy Efficiency NG/P Natural Gas/Petroleum 4 R/C Reorganization/Coordination ST Severance Taxes U Utilities

2 Number of Bills Enacted Number of Bills Enacted

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

Number of Bills Enacted Number of Bills Enacted 2

0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

213 TEXAS 214 Texas Energy Legislation

Natural Gas/Petroleum Oil & Gas Royalties (HB 981) This legislation increases the amount of information placed on a check stub pursuant to an oil and gas royalty payment. It provides that a property name, county and state must be included on oil and gas royalty check stubs, in addition to items already required by state statute, such as the following items:

l an identification number used to identify the lease, property or well;

l the month and year during which sales occurred, for which a royalty payment is made;

l total number of barrels of oil, or total amount of natural gas sold;

l total amount of state severance and other production taxes paid;

l net value of total sales after any deductions; and

l a telephone number of the company paying the royalty, so royalty recipients may make inquiries regarding payments. Companies must also send annual notice to all royalty recipients, explaining that the recipient may request additional information, and describing how royalty recipients may obtain such production information from the Railroad Commission. Petroleum Storage Tank Remediation Fund (HB 2687) This legislation extends until September 1, 2006, the life of the petroleum storage tank remediation program, which is the program and funding mechanism established to regulate and remediate underground and aboveground storage tanks. Railroad Commission Regulation of NORM Waste (SB 1338) The 1999 Texas Legislature required the Texas Railroad Commission to study existing state regulations relating to the detection, control and disposal of oil and gas naturally occurring radioactive material (NORM) waste, and to report its findings to the Governor and the Legislature. This measure continues that effort and authorizes the Railroad Commission to require the identification of oil and gas equipment that is contaminated with NORM. Repealer of Obsolete Royalty Provision (HB 1426) This measure repeals law relating to the temporary reduction of gas royalty rates for gas produced from certain lands owned by the State of Texas. This temporary reduction of royalty rates expired in 1990. Texas Railroad Commission Sunset Legislation (SB 310) The Texas Railroad Commission (TRC) Sunset Act increases funding for the Oil Field Clean-up Fund, raising $20 million by increasing oil field clean-up regulatory fees assessed on oil and gas production by 5/16 of a cent for crude oil and by 1/30 of a cent for natural gas. The act provides $100 fee increases for well drilling and workovers, requests to expedite drilling and workover permits, fluid injection permits, surface water discharge permits, and rule exceptions. Well spacing and density rule

215 TEXAS exception fees increase by $150. The legislation creates a new $1,000 application fee for the Voluntary Clean-up Program. The Railroad Commission will develop performance goals for the Clean-up Fund, and will report its findings, on a region-specific basis, to the Legislature, in advance of the 2003 Session. All segments of the oil and gas industry are subject to review by the 2003 Legislature. The legislation also creates an Oil Field Clean-up Fund Advisory Committee, comprised of the chief executive officer of each of the five state oil and gas associations, the chairmen of the Senate Natural Resources and House Energy Resources Committees, one public member appointed by the Governor, and two members, appointed by the Lieutenant Governor and House Speaker, respectively, representing the academic fields of geology and economics. Senate Bill 310 addresses the proliferation of abandoned wells by providing that proceeds from the issuance of bonds and other mandated financial assurance must be expended only for well plugging and surface remediation. Effective September 1, 2004, persons involved in oil and gas activities, other than well operations, face increases in mandated bonding requirements to $250,000, and must produce a TRC-approved bond, letter of credit, or cash deposit as proof of financial assurance. The Railroad Commission must develop a system for identifying abandoned wells that pose a high risk of contaminating groundwater or surface water, utilizing testing of high-risk wells, and plugging of high-risk wells with compromised well casings. Well operators must plug wells at the base of the deepest fresh water zone when plugging wells in the vicinity of useable quality water zones. The act requires the Legislature to study the necessity of requiring an owner, operator or manager of a pipeline system to obtain liability insurance coverage, a bond, or other evidence of financial assurance, in order to protect the public from costs resulting from a pipeline discharge. The Legislature must complete its interim study on this issue before March 1, 2002. The measure authorizes the Railroad Commission to adopt rules requiring pipeline operators to file a plan for pipeline assessment and testing, if the Commission believes the pipeline may present a hazard to public health or safety, lacks information necessary to assess such a risk, or if such a plan is needed in order to complete a pipeline safety investigation. The act also changes the date for the next Sunset Advisory Commission review of the Railroad Commission to 2013.

Utilities Underground Utilities - Notice Requirements for Excavation (HB 1669) This measure requires an operator to notify an excavator of a decision not to mark the location of underground facilities no later than 48 hours after the time the excavator gives notice of intent to excavate. The act provides that the excavator must include the following information in a notice: a telephone number, facsimile number, email address or other verifiable electronic number or address. Underground Facility Damage Prevention and Safety Act - Violation Penalties (HB 2391) This legislation provides for an increase in the minimum and maximum financial penalties for excavator violations of the Underground Facility Damage Prevention and Safety Act. It also authorizes a county or district attorney to provide a violator with a warning letter and requires that the violator attend a Texas Underground Facility Notification Center safety training course.

216 Texas Environmental Legislation

Air Quality Automotive Emissions Inspection and Maintenance (HB 2134) This act implements several automobile tailpipe emissions reductions strategies, and, along with Senate Bill 5, serves as an integral part of Texas’ overall state implementation plan of air pollution reduction strategies required by the U.S. Environmental Protection Agency. The Texas Natural Resource Conservation Commission (TNRCC) and Texas Department of Public Safety received expanded authority and flexibility in identifying and reducing mobile sources of air pollution. The TNRCC allows the following different testing methods, depending on the age of the vehicle: accelerated simulation mode testing for older model vehicles, conducted at actual driving speeds on a dynonometer, as well as on-board diagnostics testing, monitored by computer, for newer model vehicles. A portion of the testing fee will be used to fund an “assisted repair” system for low-income drivers. The measure also provides that vehicles may be purchased by a private entity or business seeking to obtain air emissions reduction credits, pursuant to TNRCC air credit banking programs. Permits for Emission of Air Contaminants (HB 2518) This measure provides that air permit amendments, sought for construction permits, which will not result in additional air emissions, nor in a change in the character of the air emissions, are not subject to public notice requirements, unless the applicant seeking the permit amendment has been out of compliance at any time within the proceeding five years. Texas Emissions Reduction Plan (SB 5) This measure establishes the Texas Emissions Reduction Plan (TERP), to ensure that Texas’ air quality, particularly in the Dallas/Fort Worth and Houston/Galveston non-attainment areas, meets minimum federal air pollution reduction standards established under the federal Clean Air Act. The act also creates a 15-member TERP Advisory Board, providing that the Governor, Lieutenant Governor and House Speaker may each name five members to the panel. The Texas Natural Resource Conservation Commission (TNRCC), State Comptroller, Public Utility Commission (PUC), and Texas Council on Environmental Technology will establish and run the TERP. The legislation creates a $126 million funding mechanism for the Texas Emissions Reduction Fund (TERF), funded largely through an increase in the fee charged on out-of-state vehicle registrations from the current $1.00 to $225.00. The act creates other funding sources, including a 2.5 percent surcharge (sales tax) on the sale or lease of all commercial motor vehicles, 1996 model year or older; a 10 percent increase on the registration fees of all commercial motor vehicles, and a $10.00 increase in commercial motor vehicle inspection fees. Additionally, the act provides a one-percent surcharge on the retail sale, lease or rental of all new or used construction equipment, except implements of husbandry. The agencies will use the TERP to provide grants and funding mechanisms for a diesel emissions reduction incentive program; a motor vehicle purchase and lease program; an energy efficient grant program; and a new technology research and development program. The new law establishes a diesel emissions reduction incentive program, to provide grants for eligible projects, in order to offset the incremental cost of projects that reduce nitrous oxide (NOx) emissions from the highest-emitting diesel sources in non-attainment areas and effected counties. The program may not exceed $13,000 per ton, without TNRCC approval. Diesel commercial vehicle purchasers

217 TEXAS may qualify for an incentive of $15,000 to $25,000, with the amount of incentive tied to the date of manufacture of certain classifications of cleaner-burning diesel engines. The act also provides a schedule determining eligibility for such incentive programs, for emitting operations or equipment, such as on-road diesels, registered in Texas, that travel at least 75 percent of their miles in Texas, provided the NOx emissions of the vehicles meet a grams of nitrous oxide (NOx) emissions reduction standard pursuant to the schedules established in the legislation. Retrofitted, repowered or add-on equipment or projects may also qualify for certain incentives provided operators document NOx reductions of at least 30 percent, as compared to the baseline emissions standards adopted by the TNRCC. The Public Utility Commission will develop an energy efficiency grant program, including the retirement, replacement and recycling of materials, equipment and appliances that contribute to peak energy demand. The PUC will submit an annual report to the TNRCC, quantifying, by county, peak energy demand and emissions reductions achieved by the program. The new law also creates the Texas Council on Environmental Technology (TCET), consisting of 11 members, appointed by the Governor, representing academic and nonprofit communities, and charged with providing grants for emissions-reducing technologies.

Coastal Zone Management Coastal Coordination Council Sunset Legislation (HB 906) This legislation continues the functions of the Coastal Coordination Council (CCC), the state agency that administers the Texas coastal zone management program, which links federal, state and local activities along the Texas coast. For the first time in it’s history, the Texas Legislature authorizes the Council to administer funds for grants and other projects.

Environmental Health Services Texas Natural Resource Conservation Commission - Innovative Regulatory Programs (SB 356) This measure requires the Texas Natural Resource Conservation Commission to work with the Legislative Budget Board to create performance measures to assess improvements in environmental quality, obtained through the implementation of innovative agency programs. Texas Natural Resource Conservation Commission - Regulatory Incentives (HB 2997) This act directs the Texas Natural Resource Conservation Commission (TNRCC) to develop regulatory incentives for facilities that adopt environmental management systems, demonstrating that they reach, maintain or exceed compliance with environmental regulations. The State Sunset Advisory Commission recommended that the TNRCC encourage such systems as a means of demonstrating a facility’s commitment to environmental protection. Eligible facilities may receive expedited processing of permit renewals and on-site technical assistance. Texas Natural Resource Conservation Commission Sunset Legislation (HB 2912) This act changes the name of Texas’ primary environmental agency from the Texas Natural Resource Conservation Commission (TNRCC) to the Texas Commission on Environmental Quality, effective in 2004. The Sunset legislation dominated Sunset Advisory Commission, TNRCC staff, legislative staff, environmental advocacy group, and industry stakeholders’ time and attention since the conclusion of

218 the 1999 Texas Legislative Session. This legislation provides that these same groups will work together on implementation of the legislation over the next four years, culminating in a final effective date for implementation of the sunset act, and development of agency rulemaking, of September 1, 2005. The Texas Commission on Environmental Quality will contain a strategically directed regulatory structure, based on a performance-based regulatory structure, which will include a compliance history of each regulated entity. The agency retains the discretion to remove “notices of violation” (NOV’s) from a company or a regulated facility’s compliance history. The measure establishes a joint interim study, for purposes of considering the creation of an independent Office of Public Interest Counsel (OPIC) for the agency. One issue will be the public interest counsel’s authority to appeal agency decisions. Additionally, the act directs the current agency public interest counsel to recommend any appropriate legislative and regulatory changes. The legislation also addresses excessive emissions events, defined as “upsets, unscheduled maintenance, startup, or shutdown activities,” that result in unauthorized emissions of air contaminants. Facility owners or operators must maintain records of all emission events occurring at the facility, and must notify the TNRCC (or its successor agency) within 24 hours of discovery of an emission event exceeding a “reportable quantity” (RQ). Owners or operators have two weeks to report specific information, evaluating the event, to the agency, and must provide an annual emissions inventory report, reflecting total emissions, including unreported emissions events. The new law revisits “grandfathered facilities’ permitting,” following the 1999 passage of Senate Bill 766, which authorized the TNRCC to permit older industrial facilities, which existed, or for which construction contracts had been issued, prior to August 30, 1971. The act divides the State of Texas into East Texas (identified as all counties located on or east of Interstate Highway 35, north of San Antonio, Texas; or on or east of Interstate Highway 37, south of San Antonio) and West Texas (the remainder of the State), and changes the schedule, and strategies by which, facilities must have a permit pending, or must have control technology installed, determined by the region in which the facility is located. Facilities unable to demonstrate compliance must cease operations. The agency must take final action on any administratively complete permit application within one year of receipt of the application. Facility operators may provide a ten-year “best available control technology” plan. The TNRCC Sunset act prohibits the State agency from establishing motor fuels standards that are more stringent than those imposed by the U.S. Environmental Protection Agency before the January 1, 2004 date by which the federal fuels standard must be developed. The legislation further authorizes the agency to consider alternative fuels to achieve equivalent air pollution reductions. Texas Parks and Wildlife Department Sunset Legislation (SB 305) This legislation continues the functions of the Texas Parks and Wildlife Department (TPWD), Texas’ principal state agency charged with maintenance and management of State parks and wildlife, including hunting and fishing activities, and management of aquatic vegetation found in State coastal and inland water bodies.

Environmental Land Management Brownfield Cleanup (HB 1027) This measure provides for the cleanup of contaminated sites (“brownfields”), through the use of sales and use tax proceeds, the elimination of barriers discouraging the use of property tax breaks for contaminated sites, and through the advancement of the use of supplemental environmental projects.

219 TEXAS Regulation of Professional Geoscientists (SB 405) This legislation establishes the Geoscience Practice Act and the Texas Board of Professional Geoscientists, to administer licenses, certificates and seals, and to regulate the practice of geology, geophysics, soil science and their specialties.

Pollution Control Pollution Control Property Tax Exemptions (HB 3121) State tax policy currently provides property tax exemptions for industrial complexes, refineries, electric utilities, chemical plants, and other property owners that purchase new pollution control property. This measure continues the policy and provides that in the event of a challenge to the use of a piece of equipment or property, either a county tax appraisal district, or a taxpayer making an application for a tax exemption, may obtain a prompt review of an application from the commissioners of the Texas Natural Resource Conservation Commission (TNRCC). The TNRCC will establish standards by which such applications will be reviewed, in order to ensure that property used solely for the production of goods or services are not exempted.

Water Quality & Conservation Groundwater Conservation District Exemptions (HB 3587) This measure modifies exemptions and limitations on water well permitting requirements for groundwater conservation districts. It changes the exemption for hydrocarbon production activities to include only a well used to supply water solely for a drilling rig that is actively engaged in drilling or exploration operations, or a well permitted by the Texas Railroad Commission. Injection Well Permit Fees (SB 324) This legislation amends the Texas Water Code, increasing the fee for an underground injection well application fee from $25.00 to $100.00. Pollutant or Waste Discharges - Penalties (SB 687) This legislation increases the criminal penalty for the offense of intentionally or knowingly discharging a waste or pollutant into, or adjacent to, a waterway of the State of Texas. Texas State Soil and Water Conservation Board Sunset Legislation (HB 2310) This act continues the functions of the Texas State Soil and Water Conservation Board, the state agency that works with agricultural landowners, to protect Texas’ soil and water resources through voluntary, non-regulatory programs. The Board determines the State’s management plan for abating nonpoint source pollution from agricultural and forestry operations. The Board also provides technical assistance and financial incentives to farmers and ranchers. Water Resource Management (SB 2) Passage of Senate Bill 2 signals the third consecutive session, following the 1997 passage of Senate Bill 1, establishing the first comprehensive statewide water plan in Texas’ history, and the 1999 passage of sweeping groundwater conservation district legislation, that the Texas Legislature considered a significant water act. The new law relates to the development and management of Texas’ surface and groundwater resources, and, for the first time, conjunctive management of both ground and surface water. The act also creates or ratifies 16 new groundwater conversation districts, some created in Senate Bill 2, and others created during the last Session.

220 The legislation creates the Texas Water Advisory Council, a 13-member panel comprised of representatives from the Texas Natural Resource Conservation Commission (TNRCC), Texas Water Development Board (TWDB), the Texas Department of Agriculture (TDA), the General Land Office (GLO), as well as three members of the Texas House, two State Senators, and three public members: one representing the groundwater management community, one representing the surface water management community, and one representing the environmental advocacy community. The Water Advisory Council will study and make recommendations on state water issues, such as final implementation of a statewide comprehensive water plan, and will submit a report and make recommendations to the Legislature in advance of the 2003 Session. The Council will also assist the TWDB in the development of prioritization criteria the TWDB will use when considering financing of water projects recommended in the State Water Plan. The Council will serve as the forum for statewide analysis of the powers, duties and functions of Texas’ river authorities, and will review each river authority’s five-year self-assessment report. These assessments will measure a river authority’s success in achieving its stated mission and goals, how it serves its customers, how it responds to management audits, as well as its role in the regional water planning process. The legislation also creates the Water Infrastructure Fund, to be administered by the TWDB, to provide funding for the implementation of water projects recommended through the state and regional water planning process. The act also creates the Rural Water Assistance Fund, also administered by the TWDB, providing funding for smaller, rural water purveyors, as well as public outreach and technical assistance, to ensure that rural water systems succeed. Full implementation of the Senate Bill 2 is expected to cost Texans more than $2 billion in the short term. Voters will consider a water infrastructure and planning funding ballot initiative November 6, 2001, providing up to $2 billion in increased bonding authority for the TWDB, with a requirement that $50 million be reserved for the Water Infrastructure Fund. Additionally, Senate Bill 2 creates the Joint Committee on Water Resources, charged with meeting throughout the legislative interim to develop recommendations regarding water conservation, water financing solutions, developing superior water marketing strategies, improving water conveyance systems, balancing protection of wildlife and the environment, and protecting and preserving the natural conditions of state waterways. Senate Bill 2 implements water management initiatives developed by each of the 16 regional water- planning groups and provides superior management and planning strategies for surface as well as groundwater resources. The legislation promotes financial and regulatory incentives for development of alternative water resources, and alternative water management strategies, such as desalination, brush control, weather modification, regionalization of water projects, and the establishment of public/private partnerships for the financing and management of water resources. Further, the TWDB’s currently voluntary water use surveys become mandatory, and will be used to improve the Board’s ability to more accurately project future water use and needs. The act includes groundwater district permit exemptions requires the TWDB, along with the 16 regional water planning groups, to develop groundwater availability modeling for all major and minor aquifers of the State, and to provide those models to groundwater conservation districts and to regional water planning groups agreed upon by a Consensus Groundwater Stakeholders group that met during the legislative interim for purposes of making recommendations to the 2001 Legislature regarding patently groundwater issues. Districts maintain the authority to exempt wells on a district- by-district basis. Districts may also assess production fees, based on an amount of groundwater

221 TEXAS authorized to be withdrawn, or on the amount actually withdrawn, and gives districts the ability to assess production fees in lieu of, or in addition to, any taxes levied by the groundwater district. Texas Water Development Board Sunset Legislation (SB 312) This measure continues the functions of the Texas Water Development Board (TWDB), Texas’ main water resource planning agency, and the agency charged with funding authority for surface and groundwater projects. The TWDB, along with the Texas Natural Resource Conservation Commission and the Texas Parks and Wildlife Department, represent the troika of state agencies implementing the State’s first comprehensive statewide water plan, mandated by the Texas Legislature through passage of Senate Bill 1 in 1997. The agency’s funding may be used for water resource projects ranging from infrastructure development, desalination, weather modification, brush control and water conservation initiatives. Water Quality Management Plans for Poultry Operations (HB 3355) This measure provides that a water quality management plan, that covers land on which animal carcasses will be buried, must include disposal management practices for the carcasses. Poultry carcasses may be buried on site only in the event of a major die-off, resulting in a poultry operation exceeding its capacity to handle of and dispose of carcasses under the facility’s normal operating procedures. This act provides that a water quality management plan must include burial site requirements that identify suitable locations for burial, based on site-specific factors, such as land use, soil conditions, and proximity to groundwater or surface water supplies.

222 U.S. Virgin Islands Introduction The U.S. Virgin Islands Unicameral Legislature had not approved any energy or environmental measures during the 2001 session at the time of publication.

223 U.S. VIRGIN ISLANDS 224 Virginia Introduction The Virginia General Assembly adopted 87 measures pertaining to energy and environmental matters. Twenty of these measure focused on energy issues. In the category of Energy Efficiency, for example, House Bill 2473 established the Home Energy Assistance Program in the Department of Social Services. The Home Energy Assistance Fund will be used to supplement the federal Low Income Home Energy Assistance Program Block Grant and to assist the Commonwealth in maximizing the amount of federal funds available under the Low Income Home Energy Assistance Program and the Weatherization Assistance Program by providing funds to comply with fund matching requirement. In another measure, House Bill 1967 allows any public body to enter into energy performance-based contracts to significantly reduce energy and operating costs of a facility. This act provides a contracting procedure to be followed by these entities in negotiating an energy performance-based contract and requires such contract to contain certain provisions. Additionally, House Bill 2472 defines renewable energy as energy derived from sunlight, wind, falling water, sustainable biomass, energy from waste, wave motion, tides, and geothermal power, and excludes energy derived from coal, oil, natural gas or nuclear power. This was a recommendation of the Consumer Advisory Board established under the Electric Utility Restructuring Act. With regard to Utilities and electric utility restructuring, Senate Bill 1420 established a mechanism for establishing the rates for default service after the capped rate period. Among other provisions, this act provides for competitive retail billing and metering. Concerning restructuring, House Bill 1935/ Senate Bill 896 also clarifies that a municipal electric utility will not lose its exclusive territorial rights or exemption from the provisions of the Electric Utility Restructuring Act by selling or offering to sell electric energy to retail customers outside the area that it served on July 1, 1999, if the municipal utility’s expansion of service into new areas was made pursuant to a franchise agreement between the municipality utility and the incumbent public utility that previously served the new areas. Senate Bill 1257 clarifies that on and after January 1, 2002, a petition cannot be filed to exercise the right of eminent domain in conjunction with construction or enlargement of a facility for the generation of electric energy. Furthermore, House Bill 2268 requires that owners of property within the route of a proposed gas pipeline or electrical transmission line of 150 kV or more be sent a notice of the proposed construction by first class mail. Relative to Natural Gas/Petroleum issues, House Bill 2363 allows the governing body of any locality with a municipally owned gas utility to provide that charges imposed for gas service within or outside such locality will be a lien on the real estate served by such gas utility. In another measure, House Bill 2342 authorized the Commissioner of the Department of Motor Vehicles to exchange tax information with other states and countries that are members of the International Fuel Tax Agreement in order to facilitate the collection of taxes under the Agreement. House Bill 2000 clarified the definition of diesel fuel by adding the term “undyed” to the terms “#1 fuel oil” and “#2 fuel oil” and removing the term “kerosene.” Lawmakers enacted 67 measures concerning environmental issues. Over one-third of these initiatives pertain to water resource management. In the category of Water Quality & Conservation, several initiatives focused on pollution discharges. House Bill 2601/Senate Bill 1285 provide that any person in violation of certain provisions who discharged or caused or allowed a discharge of sewage, industrial waste, other wastes, or any noxious or deleterious substance, into state waters, or a discharge that may reasonably be expected to enter state waters, to promptly, or not later than 24

225 VIRGINIA hours after learning of the discharge, notify the State Water Control Board, the Director of the Department of Environmental Quality, or the coordinator of emergency services for the locality expected to be affected by the discharge. Under existing law, the notification requirement applied only to those persons requires to obtain a discharge permit from the State Water Control Board. Senate Bill 1348 requires applicants for new individual Virginia Pollutant Discharge Elimination permits authorizing new discharges of sewage, industrial wastes, or other wastes into state waters to provide certification from the local county, city or town that the proposed facility be consistent with local zoning requirements. In addition, House Bill 2310 requires that, as part of a Virginia Pollutant Discharge Elimination Permit System (VPDES) permit, a lake level contingency plan must take into account and minimize any adverse effects on beneficial uses (protection of fish and wildlife habitat, recreation, navigation, and cultural and aesthetic values) of any release reduction requirements. The existing plan only had to take into account and minimize the impact of release reductions on downstream users. Furthermore, House Bill/Senate Bill 1301 requires game wardens from the Department of Game and Inland Fisheries to enforce the State Water Control Board’s regulations designating Smith Mountain Lake as a no-discharge zone for boat sewage. In the related category of Water & Sewer Districts/Systems, Senate Bill 1404 provides that the State Water Control Board may grant to an operator of a private sewerage facility that was permitted prior to January 1, 2001, and discharged less than 5,000 gallons of effluent per day, a waiver of the requirement to file a plan to control, prevent, or contain a threat to public health or the environment from the closure of such facility. In addition, House Bill 2827 allows localities to adopt ordinances that provide for the monitoring of the land application of sewage sludge. Also, House Bill 2532 provides that the power granted localities and water and waste authorities to enter into contracts with private entities included the authority to enter into public-private partnerships for the establishment and operation of water and sewage systems. Relative to Coastal Zone Management, House Bill 1877, for example, provides that the Virginia Marine Resources Commission can allow construction of erosion control devices in the Baylor survey where it finds, along with other prescribed criteria, the proposed project to be technically and environmentally acceptable. In another measure, Senate Bill 1072 requires that operators of certain commercial vessels file a Ballast Water Control Report form with the Virginia Marine Resources Commission. Additionally, Senate Bill 1087 requires the Secretary of Natural Resources to submit an annual report on specific progress made toward implementing the provisions of the Chesapeake Bay 2000 agreement. Various other legislative initiatives addressed fishing and harvesting of finfish, shellfish, crabs, oysters, and clams. On the issue of Environmental Land Management, House Bill 2223/Senate Bill 1187 makes it a Class 1 misdemeanor or a Class 6 felony, depending on the value of the property, to maliciously damage or destroy any farm product, that was grown for testing or research purposes in the context of product development in conjunction with a private research facility or a university or any federal, state or local government. Senate Bill 1247 requires the person who is in charge of and responsible for carrying out land-disturbing activities have a certificate of competence issued by the Board of Soil and Water Conservation Regarding transportation planning issues, House Bill 2420 / Senate Bill 1047 requires the Secretary of Transportation to develop a statewide transportation plan with a 20- year horizon and update that plan at least every five years. House Bill 2606 established the Northern Virginia Transportation Authority, consisting of the Counties of Arlington, Fairfax, Loudoun, and Prince William, and the Cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas Park. With regard to Environmental Health Services, House Bill 2422/Senate Bill 1046 requires the Commonwealth Transportation Commissioner to employ an assistant commissioner for the

226 environment, transportation planning, and regulatory affairs. Similarly, House Bill 2302/Senate Bill 1052 mandated that Virginia Department of Transportation contracts require that contractors comply with all requirements, conditions, and terms of such contracts, including environmental permits that are part of the contracts. The law provides that, if a contractor violated a contract provision that results in environmental damage or violated environmental laws or environmental permits, then the Department can suspend the contractor from future bidding or initiate debarment. Several measures addressed Solid Waste management matters. Senate Bill 1003 requires the Department of Environmental Quality to establish a statewide program to manage used motor oil, oil filters and antifreeze. Relating to litter, House Bill 2302 imposed a civil penalty of up to $250 on any person who improperly disposes of litter in a Virginia state park. The proceeds collected from civil penalties will be deposited into the Conservation Resources Fund to help maintain the state parks. Also, House Bill 2706 requires that covers used to prevent the escape of material from commercial vehicles used to transport solid waste be of such design, installation, and construction to contain all of the vehicle’s cargo within the vehicle, regardless of the vehicle’s speed or weather conditions. Additional legislative initiatives focused on a variety of issues. Senate Bill 1386, concerning Air Quality, requires that the Air Pollution Control Board’s banking and trading credits or allowances regulations applicable to the electric power industry foster competition in the industry, encourage construction of clean, new generating facilities, provide set-asides for new sources of emissions of five percent for the first five years and two percent per year thereafter, and provide an initial allocation period of five years. In the category of Pollution Control, for example, House Bill 1903/Senate Bill 838 revised and updated acceptable radon proficiency credentials. Existing law only provided for proficiency listing by the Environmental Protection Agency (EPA). However, the EPA had discontinued the National Radon Proficiency Program and has not designated a successor program. Additionally, House Bill 1873, regarding Reclamation, expanded the voluntary remediation program for properties owned by local governments.

227 VIRGINIA 228 Virginia Legislation Category Comparison

Energy Legislation

8 AED Alternative Energy Developments C&M Coal & Minerals EE Energy Efficiency 7 NG/P Natural Gas/Petroleum R/C Reorganization/Coordination ST Severance Taxes 6 U Utilities

3 Number of Bills Enacted Number of Bills Enacted 2

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

13 AQ Air Quality CZM Coastal Zone Management 12 EA Environmental Audits 11 EHS Environmental Health Services ELM Environmental Land Management 10 HW&SM Hazardous Waste & Substance Management 9 LLRW Low-Level Radioactive Waste 8 PC Pollution Control R Reclamation 7 R/C Reorganization/Coordination SW Solid Waste 6 WSD/S Water & Sewer Districts/Systems WQ&C Water Quality & Conservation 5

4 Number of Bills Enacted Number of Bills Enacted 3

2 1 0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

229 VIRGINIA 230 Virginia Energy Legislation

Alternative Energy Developments Virginia Alternative Fuels Revolving Fund (HB 1703) This act corrects an erroneous reference in current law from “this chapter” to “this article.” This is a technical amendment only.

Coal & Minerals Official Gold Mining Interpretive Center (HB 2549) This measure designates Monroe Park, located in the County of Fauquier, as the official gold mining interpretive center of the Commonwealth.

Energy Efficiency Energy and Operational Efficiency Performance-Based Contracting Act (HB 1967) This measure allows any public body to enter into energy performance-based contracts to significantly reduce energy and operating costs of a facility. This act provides a contracting procedure to be followed by these entities in negotiating an energy performance-based contract and requires such contract to contain certain provisions. Home Energy Assistance Program (HB 2473) This legislation establishes the Home Energy Assistance Program in the Department of Social Services. The Department is designated as the state agency responsible for coordinating state efforts in furtherance of the policy to support the work of public agencies, private utility service providers, and charitable and community groups seeking to assist low-income Virginians in meeting their seasonal residential energy needs. The Department will administer distributions from the Home Energy Assistance Fund created by this measure and report on the effectiveness of low-income energy assistance programs in meeting the needs of low-income Virginians. In addition, the Department is authorized to assume responsibility for administering all or any portion of any private, voluntary low- energy fuel assistance program, if requested by the administrator of such program. The Home Energy Assistance Fund will be used to supplement the federal Low Income Home Energy Assistance Program Block Grant and to assist the Commonwealth in maximizing the amount of federal funds available under the Low Income Home Energy Assistance Program and the Weatherization Assistance Program by providing funds to comply with fund matching requirements. The Fund will consist of moneys appropriated by the General Assembly and donations and contributions. This act requires the State Board of Social Services to promulgate regulations to implement provisions of the bill within 280 days of its enactment, and this measure will become effective from its passage. Renewable Energy (HB 2472) This act defines renewable energy as energy derived from sunlight, wind, falling water, sustainable biomass, energy from waste, wave motion, tides, and geothermal power, and excludes energy derived

231 VIRGINIA from coal, oil, natural gas or nuclear power. This is a recommendation of the Consumer Advisory Board established under the Electric Utility Restructuring Act.

Natural Gas/Petroleum Diesel Fuel Definitions (HB 2000) This act clarifies the definition of diesel fuel by adding the term “undyed” to the terms “#1 fuel oil” and “#2 fuel oil” and removing the term “kerosene.” This act also clarifies the definition of heating oil by adding the term “dyed” to the terms “#1 fuel oil” and “#2 fuel oil.” The changes are effective back to January 1, 2001. Motor Fuels Act Corrected (HB 1657) This measure makes the following corrections to the Virginia Motor Fuels Act, which was enacted during the 2000 General Assembly Session:

l requires shipping documents issued by terminal operators to be machine-printed and those issued by operators of a bulk plant to be printed on a form;

l deletes language that would have allowed Department of Motor Vehicles to inspect, at any hour, books and records that are not maintained on the business’ premises, provided one of the person’s places of business is open at the time of inspection; and

l clarifies when and how refunds of motor fuels tax are granted for recreational watercraft. Liens for Gas Utilities Charges (HB 2363) This legislation allows the governing body of any locality with a municipally owned gas utility to provide that charges imposed for gas service within or outside such locality will be a lien on the real estate served by such gas utility. Where residential rental real estate is involved, no lien will attach unless the user of the gas utility services is also the owner of the real estate or unless the owner of the real estate negotiated or executed the agreement by which such gas utility services were provided to the property. Local License Tax (HB 2790/SB 1421) This act clarifies that the local license tax will not be imposed after December 31, 2000, on pipeline distribution companies, gas suppliers, gas utilities or electric suppliers. The legislation also has one technical correction. Natural Gas Consumption Tax (SB 834) This measure provides that if a locality’s license fee rate is set at a lower rate than the local consumption tax rate component of the natural gas consumption tax, the excess funds collected by the State Corporation Commission will constitute additional state consumption tax revenue. This act also allows localities to impose the local consumption tax at the time that natural gas service is made available in such localities. Tax Information Exchange (HB 2342) This measure authorizes the Commissioner of the Department of Motor Vehicles to exchange tax information with other states and countries that are members of the International Fuel Tax Agreement in order to facilitate the collection of taxes under the Agreement. Any person receiving such tax information is subject to the same prohibitions and penalties applicable to tax officials and revenue officers when exchanging confidential taxpayer information.

232 Severance Taxes Coal and Gas Severance and Road Improvement Tax (HB 2528 / SB 1410) This legislation provides that certain ordinances adopted prior to January 1, 2001, will be presumed valid and inclusive of all the provisions of such sections provided such ordinances were in substantial compliance with current law at the time of their adoption.

Utilities Consumer Utility Taxes Exemptions (HB 2287) This measure allows localities’ governing bodies to exempt utilities consumed on property designated or classified as exempt pursuant to Article X, Section 6 (a)(6) of the Virginia Constitution from payment of any or all of the consumer utility taxes. Electric Utility Restructuring Act (SB 1420) This act establishes a mechanism for establishing the rates for default service after the capped rate period. The State Corporation Commission (SCC) will attempt to identify default service providers through competitive bidding. If that process does not produce willing and suitable providers, it may require a distributor to provide default service. The SCC is prohibited from regulating, on a cost plus or other basis, the price at which generation assets or their equivalent are made available for default service. However, a distributor may bid to provide default service on such basis. A distributor’s default service plan must provide that the procurement of generation capacity and energy will be based on the prices in competitive regional electricity markets. If a plan is not approved, the SCC will establish rates for default services based on prices in competitive regional electricity markets. A “competitive regional electricity market” is a market where competition, not statutory or regulatory price constraints, effectively regulates the price of electricity. In determining whether a market is competitive and the prices for default services, the SCC will consider its liquidity and price transparency, whether competition is an effective regulator of prices in such market, the wholesale or retail nature of such markets, the reasonable accessibility of such markets to the distributor’s regional transmission entity, and such other factors it finds relevant. The SCC will also consider default service customers’ need for rate stability and protection from unreasonable rate fluctuations. If the SCC cannot identify competitive regional electricity markets, it will set rates that would approximate rates likely to be produced in such a market. A cooperative’s default service rates in its service territory after the capped rates period will be based on its prudently incurred cost. An incumbent utility’s decision to make the equivalent of its generation assets available for default service will be subject to approval based on adequately meeting the public interest. In considering functional separation plans, the SCC will consider the potential effects of transfers of generation assets on rates and reliability of capped rate service and default service and the development of a competitive market for retail generation services in Virginia. This measure restricts the ability of an incumbent utility to make further transfers of generation assets without SCC approval. This act also provides for competitive retail billing and metering. Distributors will be allowed to recover costs directly associated with the implementation of billing or metering competition through a tariff for all licensed suppliers, in a manner approved by the SCC. The rates for any non-competitive services provided by a distributor will be adjusted to ensure that they do not reflect costs properly allocable to competitive metering or billing service. Municipal electric utilities and electric

233 VIRGINIA cooperatives are exempt from the competitive metering and billing requirements unless they offer competitive electric energy supply to retail customers in the service territory of an incumbent electric utility. In addition, the legislation includes the following changes:

l requires the SCC to establish minimum periods, if any, that customers must receive service from their incumbent electric utilities or from default service providers after having obtained service from other suppliers;

l amends tax provisions to the address that billing services may be provided by competitive providers other than the person delivering electricity to consumers;

l authorizes the SCC to establish competition phase-in plans on a utility-by-utility basis;

l establishes that the provisions of the Act will be applied to any municipal electric utility that is made subject to the Act to the same extent that such provisions apply to incumbent utilities;

l provides that rates for new services applied for after January 1, 2001, will be treated as capped rates;

l clarifies that default service is to be made available after consumer choice is available to all customers in Virginia;

l requires the SCC to consider the goals of advancement of competition and economic development in all relevant proceedings; and

l requires the SCC to report annually on the status of competition in the Commonwealth, the status of the development of regional competitive markets, and its recommendations to facilitate effective competition in the Commonwealth as soon as practical. Eminent Domain (SB 1257) This measure clarifies that on and after January 1, 2002, a petition may not be filed to exercise the right of eminent domain in conjunction with construction or enlargement of a facility for the generation of electric energy. Location of Utility Easements (HB 1767/SB 1124) This act authorizes the governing body of each locality in which a gas pipeline or electrical transmission line would be located to ask the State Corporation Commission to consider directing the joint use of right-of-way, in any case involving an application for a certificate of convenience and necessity for new facilities. Municipal Electric Utilities (HB 1935/SB 896) This legislation clarifies that a municipal electric utility will not lose its exclusive territorial rights or exemption from the provisions of the Electric Utility Restructuring Act by selling or offering to sell electric energy to retail customers outside the area that it served on July 1, 1999, if the municipal utility’s expansion of service into new areas is made pursuant to a franchise agreement between the municipality utility and the incumbent public utility that previously served the new areas. Notice of Proposed Location of Utility Lines (HB 2268) This measure requires that owners of property within the route of a proposed gas pipeline or electrical transmission line of 150 kV or more be sent a notice of the proposed construction by first class mail.

234 The notice requirements for a public utility proposing to build a gas pipeline are conformed in several respects to those for the proposed construction of electric transmission lines. The act includes the following requirements:

l that notices include a written description of the proposed route the line is to follow and a map or sketch of the route;

l the notice to include the deadline for an interested party to request a hearing from the State Corporation Commission; and

l the Commission to hold at least one hearing in the area that would be affected by construction of the pipeline if requested in writing by 20 or more interested parties. This act is a recommendation of the joint subcommittee studying eminent domain issues. Underground Utility Damage Prevention Act (SB 1328) This legislation prohibits the State Corporation Commission from promulgating regulations under the Underground Utility Damage Prevention Act that require mandatory reporting, other than by jurisdictional natural gas or hazardous liquid operators, of probable violations of the Act or incidents involving damage, dislocation or disturbance of a utility line. This act also clarifies the standards to be applied by the SCC in actions involving the certification of notification centers established under the “Miss Utility” program. SCC actions will be made in furtherance of the purpose of preventing or mitigating loss of, or damage to, life, health, property or essential public services resulting from damage to underground utility lines. Decisions to approve or revoke notification center certifications must contain the following provisions:

l ensure protection for the public from the hazards that this chapter is intended to prevent or mitigate;

l ensure that persons receive an acceptable level of performance; and

l require the notification center and its agents to demonstrate financial responsibility, which may be by obtaining liability insurance. Underground Utility Damage Prevention Special Fund (SB 1090) This legislation authorizes revenues collected through enforcement of the Underground Utility Damage Prevention Act, to the extent they exceed the costs of administering the program, to be used for training and education programs and for programs providing incentives for excavators, operators, line locators, and other persons. Currently, such excess funds must be spent on public awareness programs. The State Corporation Commission is charged with allocating the excess funds among such programs. This measure is a recommendation of the joint subcommittee studying the Underground Utility Damage Prevention Act.

235 VIRGINIA 236 Virginia Environmental Legislation

Air Quality Air Emissions Banking Program (SB 1386) This measure requires that the Air Pollution Control Board’s banking and trading credits or allowances regulations applicable to the electric power industry foster competition in the industry, encourage construction of clean, new generating facilities, provide set-asides for new sources of emissions of five percent for the first five years and two percent per year thereafter, and provide an initial allocation period of five years.

Coastal Zone Management Ballast Water Discharge (SB 1072) This act requires that operators of certain commercial vessels file a Ballast Water Control Report form with the Virginia Marine Resources Commission. The reporting requirements will not apply to any vessel of the United States Department of Defense, the United States Coast Guard, or the Armed Forces. The reporting requirement may be satisfied for those vessels whose first port of call in United States waters is in Virginia by the filing of a copy of the form submitted to the National Ballast Water Information Clearinghouse. Any operator who knowingly fails to file a report form in a timely manner or knowingly makes a false statement on the report form will be guilty of a Class 1 misdemeanor. Chesapeake Bay 2000 Agreement Annual Report (SB 1087) This legislation requires the Secretary of Natural Resources to submit an annual report on specific progress made toward implementing the provisions of the Chesapeake Bay 2000 agreement. Such report will include, but not be limited to, a description of the programs, activities, and initiatives of state and local governments developed and implemented to meet each of the goals and commitments contained in the agreement and an assessment of projected state funding necessary to meet those goals and commitments. Erosion Control Devices Within the Baylor Survey (HB 1877) This act provides that the Virginia Marine Resources Commission may allow construction of erosion control devices in the Baylor survey where it finds, along with other prescribed criteria, the proposed project to be technically and environmentally acceptable. However, if such Baylor ground is commercially productive as defined in the Code of Virginia, the environmentally preferred erosion control must be utilized. Under current law, such projects must be technically and environmentally preferable, whether or not the Baylor ground is productive. Finfish and Shellfish (SB 820) This measure allows finfish and shellfish lawfully caught in the waters within the jurisdiction of the Potomac River Fisheries Commission to be possessed, stored, marketed and otherwise disposed of elsewhere in the Commonwealth of Virginia. The language in this act is almost identical to language in the Maryland statutes and was requested on behalf of the Potomac River Fisheries Commission.

237 VIRGINIA Fishing Licensing Requirements Exemptions (HB 2032) This act provides that the exemption for the taking of as much as one bushel of hard crabs and two dozen peeler crabs in any one day for personal use may be modified by regulation by the Virginia Marine Resources Commission. Grant Program for Growing Oysters (HB 2493) This measure creates a grant program for individuals who grow oysters pursuant to a valid Virginia Marine Resources Commission General Permit for Noncommercial Riparian Shellfish Growing Activities. These individuals must also obtain a receipt according to procedures established by the Commission evidencing the transfer of at least 500 oysters. The grant paid in a calendar year is to be an amount equal to the lesser of $300 or the actual amount spent by the individual on growing oysters during the applicable calendar year. This act also creates the Oyster Growing Activities Fund from which the grants will be made. The Commission is to administer the Fund and the grant program. Hydraulic Dredges (HB 2417) This act prohibits a person from harvesting clams through the use of a hydraulic dredge or to have on board his boat a hydraulic dredge designed for harvesting seafood unless the person has obtained a permit from the Marine Resources Commission. A person is exempted from the prohibitions if he is traveling to or from docks for maintenance or repair of his boat or equipment or when off-loading catches made in federal waters. The penalty for possessing this type of equipment without a permit is a Class 1 misdemeanor. Marine Patrol Officers (SB 784) This legislation clarifies that Virginia Marine Patrol officers have the same powers as sheriffs and other law-enforcement officers to enforce the criminal laws of the Commonwealth. “No Wake” Buoys (SB 1315) This measure limits the conditions under which “no wake” buoys or other markers that have been placed prior to July 1, 2001, can be removed. Such buoys or markers can only be removed if they no longer are providing for the safe and efficient operations of vessels. This act also provides that “no wake” ordinances can be enacted for Smith Mountain Lake in order to protect public safety or prevent erosion. Currently, if such an ordinance is adopted it must both protect safety and prevent damage from erosion. Permits for Piers on Oyster and Clam Grounds (HB 1699) This act requires the Virginia Marine Resources Commission to grant or deny permits for piers 100 feet or longer on oyster and clam grounds within 90 days of receipt of a complete application, unless information or circumstances materially alter the conditions under which the permit are issued. If the Commission fails to act within such time, the application is deemed approved. Under current law, there is no time limit for action by the Commission. Publication of Proposed Regulations (HB 2705) This legislation allows the publication of proposed agency regulations by the Marine Resources Commission that have only local application in either daily or weekly papers whichever have greater circulation in the locality in which the regulation applies. Relaying Seed-Stock Shellfish (HB 2033) This measure requires the Virginia Marine Resources Commission to promulgate regulations for the harvesting, transporting, handling and transplanting of wild and cultured seed oysters and clams from condemned planting areas to healthy waters.

238 Waste Discharge Regulations (HB 1758) This act requires that the State Water Control Board’s regulations to control the discharge of sewage and other wastes from boats into Virginia waterways become effective by July 1, 2002.

Environmental Health Services Assistant Commissioner (HB 2422/SB 1046) This legislation requires the Commonwealth Transportation Commissioner to employ an assistant commissioner for the environment, transportation planning, and regulatory affairs. Assisting Other Hunters (HB 2304) This act extends to all hunters who have reached their daily bag or seasonal limit the privilege of assisting others who are hunting. Currently, such assistance may be provided only by those hunters who have reached their limit while hunting turkeys, ducks, geese or swans, and restricts their assistance to calling turkeys, ducks, geese and swans. Complimentary Hunting and Fishing Licenses (HB 2637) This measure authorizes the Director of the Department of Game and Inland Fisheries to issue complimentary hunting and fishing licenses to official representatives of out-of-state, nationally recognized, nongovernmental organizations engaged in wildlife conservation. Deer Fences (SB 1339) This legislation prohibits a landowner from erecting a fence that prevents or impedes deer from leaving the enclosed area. The act also makes it unlawful to hunt deer in such enclosed areas. The provisions of this act do not apply to persons hunting in an enclosure that has been constructed prior to July 1, 2001, has been registered with the Department of Game and Inland Fisheries, and has been modified in a manner approved by the Department. The penalty for violating either of these provisions is a Class 1 misdemeanor and the court may impose the following penalties:

l suspend the violator’s hunting privileges for a period of three to five years;

l order the owner of the property to compensate the Department of Game and Inland Fisher- ies for the replacement costs of the killed deer; and

l order the owner to modify the fence in a way that will allow the deer to leave the enclosed area. Deer Hunting With Certain Sight Devices (HB 2098) This act prohibits the use of a firearm equipped with a sighting device other than iron or open sights between one hour after sunset and one hour before sunrise. Any person who violates this provision is subject to the following penalties:

l is guilty of a Class 2 misdemeanor;

l will lose his hunting privileges for the next license year; and

l will have to forfeit his firearm. In addition, if the person is found hunting during the prohibited period, he is subject to a separate penalty of a Class 2 misdemeanor.

239 VIRGINIA Enforcement in Federal Courts (HB 2330/SB 1297) This measure provides that in addition to the authority of the State Air Pollution Control Board, the State Water Control Board, the Virginia Waste Management Board and the Director to bring actions in the courts of the Commonwealth to enforce any law, regulation, case decision or condition of a permit or certification, the Attorney General is authorized on behalf of such Boards or the Director to seek to intervene pursuant to Rule 24 of the Federal Rules of Civil Procedure in any action pending in a federal court in order to resolve a dispute already being litigated in that court by the United States through the Environmental Protection Agency. Exemptions from Licenses to Hunt, Trap, or Fish (HB 2546) This legislation provides that licenses to hunt, trap, or fish are not required of Indians who habitually reside on an Indian reservation, or are members of Virginia recognized tribes residing in the Commonwealth. However, such persons are required to have in their possession an identification card or paper signed by the chief of their tribe, a valid tribal identification card, written confirmation through a central tribal registry, or certification from a tribal office. Such cards, papers, confirmations, or certifications must set forth that the person named is an actual reservation resident or member of the Virginia recognized tribes and create a presumption of residence, which may be rebutted. Under current law, the exemption applies only to those Indians residing on a reservation, provided that they have in their possession an identification card signed by the chief of their reservation. Department of Transportation Contracts (HB 2302/SB 1052) This act mandates that Virginia Department of Transportation contracts require that contractors comply with all requirements, conditions, and terms of such contracts, including environmental permits that are part of the contracts. If a contractor violates a contract provision that results in environmental damage or violates environmental laws or environmental permits, the Department may suspend the contractor from future bidding or initiate debarment. In such cases, the Department may recover either of the following costs:

l the loss or damage that the Department suffers as a result of such violation; or

l any liquidated damages established in such contract; plus reasonable attorney’s fees and expert witness fees. Sale of Wildlife Parts (HB 580) This measure allows a Native American who provides proof that he is an enrolled member of a tribe recognized by Virginia, another state, or the federal government to possess, sell, or purchase from another Native American, animal parts such as antlers, hooves, feathers, claws and bones. However, the possession, sale or purchase from another Native American of bear parts is prohibited.

Environmental Land Management Agricultural or Forestry Product, Facility or Animal (HB 2223/SB 1187) This legislation makes it a Class 1 misdemeanor or a Class 6 felony, depending on the value of the property, to maliciously damage or destroy any farm product, that is grown for testing or research purposes in the context of product development in conjunction with a private research facility or a university or any federal, state or local government. A court will determine the market value when awarding restitution.

240 Appointment to Local Parks and Recreation Commissions (HB 1804) This measure allows a member of a local governing body to be appointed to a local parks and recreation commission. Land Conservation Fund (HB 1687/SB 1012) This act removes the requirement that a holder or public body must be in existence and operating in Virginia for more than five years in order to qualify for a matching grant for the protection of a natural area from the Virginia Land Conservation Fund. Land-Disturbing Activity (SB 1247) This legislation requires the person who will be in charge of and responsible for carrying out land- disturbing activities have a certificate of competence issued by the Board of Soil and Water Conservation. The identification of a certified individual is a prerequisite for the approval of an erosion and sediment plan. Nontidal Wetlands (HB 2292/SB 1242) This act advances the date on which the comprehensive nontidal wetlands regulatory program becomes effective for linear transportation projects of the Virginia Department of Transportation from October 1, 2001, to August 1, 2001. Northern Virginia Transportation Authority (HB 2606) This measure establishes the Northern Virginia Transportation Authority, consisting of the Counties of Arlington, Fairfax, Loudoun, and Prince William, and the Cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas Park. The authority’s responsibilities will include long-range transportation planning for regional transportation projects in Northern Virginia. The authority may issue bonds as authorized by law. It is the intention of the General Assembly that the Northern Virginia Transportation Commission will merge and be consolidated with the Authority no later than July 1, 2003. Office of Farmland Preservation (SB 1160) This legislation continues the Agricultural Vitality Program within the Department of Agriculture and Consumer Services as the Office of Farmland Preservation (OFP). This act provides for the powers and duties of the OFP, including the development of standards and criteria for local purchase of development rights and the administration of the Virginia Farm Link program. This measure requires the Commissioner to submit an annual report on the operation of the OFP to the chairmen of the House Committee on Agriculture and the Senate Committee on Agriculture, Conservation and Natural Resources. Open Burning (HB 1875) This act allows prescribed burns throughout the day during the period February 15 through March 1 when such burns are conducted for the following purposes:

l control exotic and invasive plants;

l establish and maintain wildlife habitat; or

l manage natural heritage resources. Current law limits open burning to between 4 p.m. and midnight from February 15 through April 30. To be exempt from current law, the burn has to be conducted in accordance with a prescription or approved burning plan and managed by a certified burn manager.

241 VIRGINIA State Parks Unlawful Use and Prohibited Parking (HB 2149) This act authorizes the Department of Conservation and Recreation to assess a $25 civil penalty to persons who enter or attempt to enter a state park without paying the fees for use of the park’s facilities or park in prohibited areas of the park. The money paid in civil penalties is to be deposited into the state park system’s Conservation Resources Fund. Statewide Transportation Plan (HB 2420/SB 1047) This measure requires the Secretary of Transportation to develop a statewide transportation plan with a 20-year horizon and update that plan at least every five years. This plan supersedes the quinquennial assessment of highway needs by the Virginia Department of Transportation. Tree-Trimming Policies of Commonwealth Transportation Board (HB 2082) This legislation requires the Commonwealth Transportation Board to adopt policies governing the trimming of roadside trees that do not adversely affect highway operations, maintenance, or safety. These policies would apply to pruning and trimming trees by the employees and agents of and contractors with the Virginia Department of Transportation. These policies must be consistent with generally accepted standards.

Pollution Control Radon Proficiency Listings (HB 1903/SB 838) This act authorizes the Board of Health to make available to the public a list of persons who have been listed as proficient to offer screening, testing or mitigation for radon by the United States Environmental Protection Agency, the National Radon Measurement Proficiency Program of the National Environmental Health Association or the National Radon Safety Board Certified Radon Professional Program or any other proficiency program acceptable to the Board. This act revises and updates acceptable radon proficiency credentials. Current law only provides for proficiency listing by the Environmental Protection Agency (EPA). The EPA has, however, discontinued the National Radon Proficiency Program and has not designated a successor program.

Reclamation Voluntary Remediation of Contaminated Properties (HB 1873) This legislation expands the voluntary remediation program for properties owned by local governments. It contains the following provisions:

l eliminates the requirement that local governments pay registration fees when voluntarily remediating their properties;

l creates the Virginia Voluntary Remediation Fund, which would provide grants to local governments to help encourage remediation of contaminated properties; and

l provides that loans may be made to local governments from the Virginia Water Facilities Revolving Fund for the remediation of contaminated properties to reduce ground water contamination. The provisions of the bill with respect to registration fees and the creation of the Voluntary Remediation Fund will not become effective unless funds are appropriated in the 2001, 2002, 2003 or 2004 budgets to carry out those provisions.

242 Reorganization/Coordination Designation of Chairman (HB 2077) This measure requires that directors of soil and water conservation districts designate a chairman from the elected members, or from the Virginia Soil and Water Conservation Board-appointed members, of the district board. Currently, there is no explicit requirement that the chairman be chosen from those district board members. Election of Directors of Soil and Water Conservation Districts (HB 2076) This act transfers certain responsibilities from the Department of Conservation and Recreation to the State Board of Elections regarding elections and candidates for directors of soil and water conservation districts.

Solid Waste Commercial Motor Vehicles (SB 1318) This legislation allows local governing bodies to adopt ordinances to regulate commercial motor vehicles used to transport municipal solid waste by prohibiting their being parked at locations other than those specified in their ordinances and requiring leak-proof construction of their cargo compartments. The term “municipal solid waste” would have the meaning provided by regulation by the Virginia Waste Management Board. Penalties can be no more stringent than those allowed for traffic infractions (fine up to $200). Income Tax Credit (SB 1112) This act extends the sunset date of tax credits allowed for the purchase of machinery and equipment for processing recyclable materials from January 1, 2001, to January 1, 2004, for both individual and corporate income tax credits. Landfill Siting (HB 2667) This measure authorizes Mecklenburg County to construct a landfill closer to an existing water supply intake or reservoir than is currently allowed by law, if the Director of Department of Environmental Quality finds that the distance will not be detrimental to human health and the environment. This act also provides that a new landfill in Mecklenburg County may be sited in a wetland. Currently, a landfill cannot be within five miles upgradient of any water supply intake or reservoir and cannot impact 1.25 acres or more of wetlands. Landfill Use Fees (HB 2737) This act allows Wise County to require that landfill use fees be paid prior to issuance of certain land use permits and motor vehicle licenses. Littering in State Parks (HB 2302) This legislation imposes a civil penalty of up to $250 on any person who improperly disposes of litter in a Virginia state park. The proceeds collected from civil penalties will be deposited into the Conservation Resources Fund to help maintain the state parks. Recycling Markets Development Council (SB 1162) This measure staggers the terms of the 15 appointed members of the Virginia Recycling Markets Development Council who will be appointed July 1, 2001. The legislation also changes the standard for a quorum from 10 members of the Council to a majority of the appointed members of the Council.

243 VIRGINIA Screening of Junkyards (HB 1824) This act adds Caroline County and Fauquier County to those localities with authority to require fencing or screening of automobile graveyards or junkyards regardless of when established. Statewide Recycling Program (SB 1003) This legislation requires the Department of Environmental Quality to establish a statewide program to manage used motor oil, oil filters and antifreeze. The program’s purpose is to encourage the environmentally sound management of these products. The Department must also perform the following tasks:

l maintain a list of sites that accept these used products from the public;

l create and promote a web site to provide consumers with information on collection sites; and

l develop an outreach education program. This act requires those who sell motor oil, oil filters and antifreeze at the retail level and who do not accept the return of such items to post a sign giving consumers information as to the locations where these items can be returned. Any retailer who fails to post such a sign will be subjected to a fine of $25. In addition, this measure requires the Division of Purchases and Supply to establish procurement preferences for products containing recycled oil or recycled antifreeze. Truck Covers (HB 2706) This measure requires that covers used to prevent the escape of material from commercial vehicles used to transport solid waste be of such design, installation, and construction to contain all of the vehicle’s cargo within the vehicle, regardless of the vehicle’s speed or weather conditions.

Water & Sewer Districts/Systems Mandatory Connection to Water and Sewage Systems (HB 2312/SB 817) This measure allows Goochland County to require connection to its water and sewage systems by owners of property that may be served by such systems if the property, at the time of installation of such system, does not have a then-existing, correctable or replaceable domestic supply of potable water and a system for the disposal of sewage adequate to prevent the contraction or spread of diseases. The provisions as they apply to Goochland County become effective on July 1, 2002. Moccasin Gap Sanitation Commission Abolished (HB 2734) This act abolishes the Moccasin Gap Sanitation Commission, located in Scott County. Upon the effective date of this act, all of the operations, responsibilities, obligations and assets of the Commission will be assumed and transferred to the Scott County Public Service Authority. Prior to the transfer of operations, responsibilities, obligations and assets to the Authority, the Commission will seek to preserve the assets of the Commission and will not incur any expenses beyond those necessary to maintain its normal operations. All assets transferred from the Commission to the Authority will be utilized by the Authority only within the Moccasin Gap Sanitation District as it existed immediately prior to the effective date of this act. Pilot Project for Computerization of Local Septic System Data (SB 1250) This legislation requires the Commissioner of Health, as part of the development of a statewide database module with local compatibility, to implement a pilot project for the Counties of Bedford, Franklin, and Pittsylvania to computerize the data on septic systems with the goal of producing data

244 capable of being merged with real estate records, particularly for the areas surrounding Smith Mountain Lake. The pilot project must establish a database for the storage and retrieval of information on local septic systems based on installation permits. Information resulting from septic tank pumpouts and other maintenance must also be included in this database. All the information in the database must be capable of being merged with the local real estate records. The Commissioner is required to implement the pilot project solely with state funds and must exempt the relevant counties from the cost-sharing requirements of the state/local cooperative budget formula. A second enactment provides that this act will not become effective unless an appropriation effectuating the purposes of the act is included in the 2001 Appropriations Act, passed during the 2001 Session of the General Assembly, and signed into law by the Governor. Private Sewerage Facility Permits (SB 1404) This act provides that the State Water Control Board may grant to an operator of a private sewerage facility that was permitted prior to January 1, 2001, and discharges less than 5,000 gallons of effluent per day, a waiver of the requirement to file a plan to control, prevent, or contain a threat to public health or the environment from the closure of such facility. The waiver may be issued upon a finding by the Board that, for at least five years, such person has not violated any regulation or order of the Board, any condition of a permit to operate such facility, or any other provision of the State Water Control Law. However, such waiver may not be issued until the governing body of the locality in which the facility is located approves the waiver after holding a public hearing and the Board may revoke the waiver for good cause. Any operator who receives a waiver and later ceases operation would, if such cessation results in significant harm, or an imminent and substantial risk of significant harm to human health and the environment, be guilty of a Class 4 felony and liable to the Commonwealth and any applicable political subdivision. Public-Private Partnerships (HB 2532) This legislation provides that the power granted localities and water and waste authorities to enter into contracts with private entities includes the authority to enter into public-private partnerships for the establishment and operation of water and sewage systems. Septic System Inspectors Requirements (HB 2061) This act sets minimum requirements for a person to use the title “accredited septic system inspector.” This act limits its application to septic systems involving onsite, residential disposal of sewage when sewers or sewerage facilities are not available and includes septic tanks, septic tank lines and drainage fields or other onsite, residential sewage systems. A violation of this law will constitute a Class 3 misdemeanor. This measure has a delayed effective date of July 1, 2002. Septic Tank Permits (HB 2358) This measure allows Augusta County to require any person desiring to install a septic tank to secure a permit to do so. The county may prescribe reasonable fees, not to exceed $50, for the issuance of such permits. Sewage Sludge (HB 2827) This act allows localities to adopt ordinances that provide for the monitoring of the land application of sewage sludge. The Board of Health must adopt regulations, by July 1, 2002, requiring persons who land apply sludge to pay a fee. The fee cannot exceed the direct costs to localities of testing and monitoring the application of sewage sludge. The Board of Health’s regulations are to include procedures for the following activities:

l collection of the fees by the Department of Health;

245 VIRGINIA l retention of the fees in a special nonreverting fund; and

l disbursements from the fund to localities for the testing and monitoring of the sewage sludge. Sewer Services Fees and Charges (HB 2114) This legislation provides that in Virginia Beach delinquent water and sewer connection fees may be included with those unpaid fees and charges that will constitute a lien against the subject property. Water and Waste Authority Rates and Charges (HB 1583) This act deletes a reference to the jurisdiction of the State Corporation Commission (SCC) with regard to fees and charges of water and waste authorities. The SCC has no jurisdiction of such rates and charges.

Water Quality & Conservation Combined Animal Feeding Operations - General Permits (HB 2073) This legislation provides that the requirement that owners of combined animal feeding operations certify on their permit registration statement that notice has been given to owners or residents of adjoining property would be waived whenever such registration is to renew coverage under a permit where no expansion is proposed and the Department of Environmental Quality has not issued any special or consent orders for violations under the existing permit. Discharges Into State Waters (HB 2601/SB 1285) This measure requires any person in violation of certain provisions who discharges or causes or allows a discharge of sewage, industrial waste, other wastes, or any noxious or deleterious substance, into state waters, or a discharge that may reasonably be expected to enter state waters, to promptly, or not later than 24 hours after learning of the discharge, notify the State Water Control Board, the Director of the Department of Environmental Quality, or the coordinator of emergency services for the locality expected to be affected by the discharge. Violators of the notice requirement will be subject to the penalty provisions of the State Water Control Law. Under current law, the notification requirement applies only to those persons required to obtain a discharge permit from the State Water Control Board. Eligibility Requirements for Grants (SB 1251) This act provides that the provisions establishing Water Quality Improvement Grants will not be construed to prevent the award of a grant to a local government for point or nonpoint source pollution prevention, reduction and control programs or efforts undertaken on land owned by the Commonwealth and leased to the local government. Lake Level Contingency Plans (HB 2310) This legislation requires that, as part of a Virginia Pollutant Discharge Elimination Permit System (VPDES) permit, a lake level contingency plan take into account and minimize any adverse effects on beneficial uses (protection of fish and wildlife habitat, recreation, navigation, and cultural and aesthetic values) of any release reduction requirements. Such plans are required for surface water impoundments whose primary purpose is to provide cooling water to power generators. Currently, the plan only has to take into account and minimize the impact of release reductions on downstream users. However, the reduction in the release amounts required by the plan would not be implemented if it adversely affects the following items:

l the ability to meet water quality standards;

246 l the ability to provide adequate water supplies needed for consumptive uses (drinking water or fire protection); and

l fish and wildlife. If the adverse affect is imminent, Virginia Power is authorized to release increased amounts of water for up to 48 hours or until such time as the Department of Environmental Quality determines the increased release is necessary. No-Discharge Zone (HB 2607/SB 1301) This act requires game wardens from the Department of Game and Inland Fisheries to enforce the State Water Control Board’s regulations designating Smith Mountain Lake as a no-discharge zone for boat sewage. Pollutant Discharge Elimination Permit (SB 1348) This measure requires applicants for new individual Virginia Pollutant Discharge Elimination permits authorizing new discharges of sewage, industrial wastes, or other wastes into state waters to provide certification from the local county, city or town that the proposed facility would be consistent with local zoning requirements. The local county, city or town must notify the applicant and the State Water Control Board of the facility’s compliance or noncompliance within 30 days or the certification requirement is waived. Under current law, local approval is required for discharges of sewage to surface impoundments and the local governing body must provide certification within 45 days or the requirement is waived. Rainwater Harvesting and Collection (SB 1416) This measure provides, subject to appropriation, grants to local governments from the Alternate Water Supply Assistance Fund to be used by such localities for entering into agreements with businesses and individuals to harvest and collect rainwater for such uses as determined necessary by the locality. The Department of Housing and Community Development will administer the fund and will develop a process for determining what areas and localities will qualify for the grants. Staunton Scenic River (HB 2177) This legislation extends the segment of the Staunton River that has been designated a state scenic river from 10.8 miles to 40.5 miles. Subaqueous Permit Exemption (SB 837) This act exempts landowners who withdraw water for agricultural, silvicultural, or horticultural irrigation on riparian lands, or the watering of animals on such lands, from having to obtain a permit from the Virginia Marine Resources Commission, so long as the following conditions are met:

l they do not place a permanent structure on the stream or river bed;

l they comply with any requirements administered by the Department of Environmental Quality; and

l the activity does not have adverse impacts to instream beneficial users. Water Supply Emergency Ordinances (SB 1062) The measure authorizes localities to adopt water supply emergency ordinances where a water supply emergency is reasonably likely to occur if water conservation measures are not taken. Currently, a locality may adopt a water supply emergency ordinance only if it finds that a water supply emergency exists.

247 VIRGINIA 248 West Virginia Introduction The West Virginia Legislature adopted 21 measures pertaining to energy and environmental matters during the 2001 session. Nine of these bills focused on energy issues. In the category of Alternative Energy Developments, House Concurrent Resolution 88 encourages the President of the United States and Congress to continue to support the efforts to produce coal-based synfuel and to help insure the continuation of tax credits and other incentives for the production of coal-based synthetic fuels in the State through the year 2007 and beyond. Five legislative initiatives addressed coal issues. With regard to Coal & Minerals, Senate Concurrent Resolution 27 urged the President and Congress to develop and implement a national energy policy that utilized the abundant and affordable coal, oil and natural reserves of the U.S. and West Virginia. Similarly, House Concurrent Resolution 62 requested the President, the Vice President and Congress to include West Virginia coal as a major component of the nations’ new energy policy. Furthermore, Senate Bill 707 increased the financial appropriations for the fiscal year ending June 30, 2001, in the Bureau of Commerce, West Virginia Development Office, Office of Coalfield Community Development by $50,000. Relative to the topic of Natural Gas/Petroleum, House Bill 2894 continues the Oil and Gas Conservation Commission through July 1, 2005. Likewise, House Bill 2895 continues the Oil and Gas Inspectors Examining Board through July 1, 2003. In addition, Senate Bill 480 authorized surplus of funds in the amount of $100,000 in the Department of Administration-Division of General Services- Capital Complex-Maintenance Fund to be delivered to the Department of Administration-Office of the Secretary-Natural Gas Contract Refund Fund. Lawmakers also enacted 12 measures related to environmental issues. In the category of Environmental Health Services, House Bill 2893 provides for the continuation of the Division of Environmental Protection until July 1, 2003. Similarly, continues the Office of Water Resources within the Department of Environmental Protection until July 1, 2002. Also, House Bill 2130 provides that any person convicted of any law involving the Division of Natural Resources’ use of a decoy animal will be charged a $50 civil penalty fine to the Division in addition to any fines and costs for the criminal violation. Concerning Environmental Land Management, House Bill 2744 provides that anyone who willfully or knowingly damages or destroys a sylvicultual or agricultural field test crop that is grown for personal purposes, commercial purposes, or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility will be liable for twice the market value of the crop damaged or destroyed. Where the damaged or destroyed crops are grown for testing or research purposes, damages will also include twice the actual damages relating to production, research, testing, replacement and crop development costs directly related to the crop that has been damaged or destroyed. Through House Resolution 28, legislators recognized the efforts of Mark Ligon Hankins in securing the Greenbrier River Trail the State, its citizens and guests. Regarding Solid Waste issues, Senate Bill 721 renamed the Waste Tire Remediation/Environmental Cleanup Fund the A. James Manchin Fund and authorized its use for the tire disposal program. With regard to litter laws, House Bill 2222 authorized county commissions to hire litter control officers. Among other things, this legislation makes it a crime to throw litter from a motor vehicle. Littering on public or private property or waters becomes a misdemeanor. The law also increased civil penalties for

249 WEST VIRGINIA litter conviction and required solid waste authorities to expend funds for litter prevention, cleanup and enforcement. Additionally, Senate Bill 555 authorized municipalities and private solid waste motor carriers to negotiate an agreement for continued exclusive private solid waste collection services in an annexed area. As part of an omnibus act that relates to the promulgation of rules by the various agencies in the State, House Bill 2685 authorizes the Division of Highways to promulgate a legislative rule relating to waste tire remediation/environmental cleanup. Furthermore, in the related category of Hazardous Waste & Substance Management, House Bill 2685 also authorizes the Division of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways. Relative to Water Quality & Conservation, Senate Committee Resolution 37 requests the Division of Natural Resources to study the feasibility of making the Upper Mud River Watershed Project in Lincoln County a state park or other designated area, as may be appropriate. The Division has to prepare a comprehensive plan for the development and utilization of the area with timelines and budget projections. The Division must report to the Joint Committee on Government and Finance on its findings, conclusions, recommendations and its comprehensive plan, together with drafts of any legislation necessary to effectuate its recommendations, on or before December 1, 2001.

250 West Virginia Legislation Category Comparison

Energy Legislation

5 AED Alternative Energy Developments C&M Coal & Minerals EE Energy Efficiency NG/P Natural Gas/Petroleum 4 R/C Reorganization/Coordination ST Severance Taxes U Utilities

2 Number of Bills Enacted Number of Bills Enacted

0 AED C&M EE NG/P R/C ST U

Environmental Legislation

0 AQ EA ELM LLRW R SW WQ&C CZM EHS HW&SM PC R/C W&SD/S

251 WEST VIRGINIA 252 West Virginia Energy Legislation

Alternative Energy Developments Coal-Based Synfuel (HCR 88) In recognition of the importance of coal-based synthetic fuel producers to the citizens of the State of West Virginia, this resolution encourages the President and Congress to continue to support the efforts to produce coal-based synfuel. The West Virginia Legislature announces it support for coal- based synthetic fuel production in the State and encourages more coal-based synfuel producers to locate in West Virginia to help solve the nation’s serious energy needs. It further urges the President of the United States and the West Virginia Congressional Delegation to work diligently to help insure the continuation of tax credits and other incentives for the production of coal-based synthetic fuels in the State through the year 2007 and beyond.

Coal & Minerals Coal Miner’s Postal Stamp (HCR 21) This resolution urges the United States Postal Service to issue a coal miner’s commemorative postal stamp to pay tribute to the past and present coal miners of this nation. Coal Miners’ Memorial Bridge (HCR 31) This resolution requests the Division of Highways to name the new bridge on U.S. Route 3, which crosses the Big Coal River in Peytona, Boone County, the “Coal Miners’ Memorial Bridge,” in honor of the sacrifices made by men and women associated with the coal industry. National Energy Policy (SCR 27) This resolution urges the President of the United States and Congress to develop and implement a national energy policy for the United States in order to provide a stable energy supply for the nation. This policy should utilize the abundant and affordable coal, oil and natural reserves of the U.S. and West Virginia. Office of Coalfield Community Development Appropriations (SB 707) This act increases the financial appropriations for the fiscal year ending June 30, 2001, in the Bureau of Commerce, West Virginia Development Office, Office of Coalfield Community Development by $50,000. State Coal as Major Component in National Energy Policy (HCR 62) This resolution requests the President of the United States, the Vice President and all members of Congress to include West Virginia coal as a major component of the nations’ new energy policy.

Natural Gas/Petroleum Natural Gas Contract Refund (SB 480) This act cites an account balance exceeding necessity and grants allocation of additional funds elsewhere. The surplus of funds in the amount of $100,000 in the Department of Administration- Division of General Services-Capital Complex-Maintenance Fund will be delivered to the Department

253 WEST VIRGINIA of Administration-Office of the Secretary-Natural Gas Contract Refund Fund. Oil and Gas Conservation Commission (HB 2894) This legislation provides that the Oil and Gas Commission will continue to exist until July 1, 2005 unless sooner terminated, continued, or reestablished. Oil and Gas Inspectors Examining Board (HB 2895) This measure continues the Oil and Gas Inspectors Examining Board. It also provides for a termination of the Board on July 1, 2003 unless sooner terminated, continued, or reestablished.

254 West Virginia Environmental Legislation

Environmental Health Services Decoy Animals (HB 2130) This law provides that any person convicted of any law involving the Division of Natural Resources’ use of a decoy animal will be charged a $50 civil penalty fine to the Division. This fine is in addition to any fines and costs for the criminal violation. All funds collected from the civil penalty fine will be placed in a special account and used for the purchase or repair of decoy animals and the purchase of equipment for use with decoy animals. Division of Environmental Protection (HB 2893) This measure provides for the continuation of the Division of Environmental Protection until July 1, 2003, unless sooner terminated, continued, or reestablished. Office of Water Resources (SB 269) This legislation continues the Office of Water Resources within the Department of Environmental Protection until July 1, 2002.

Environmental Land Management Greenbrier River Trail (HR 28) This resolution is in recognition of the efforts of Mark Ligon Hankins in securing for the State, its citizens and guests the Greenbrier River Trail. It requests the Parks and Recreation Section of the Department of Natural Resources to create and locate at the northern and southern terminus of the Greenbrier River Trail a plaque or sign that recognizes Hankins’ efforts in securing the Trail. Sylvicultural or Agricultural Field Test Crop Damage (HB 2744) This law provides that anyone who willfully or knowingly damages or destroys a sylvicultual or agricultural field test crop that is grown for personal purposes, commercial purposes, or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility will be liable for twice the market value of the crop damaged or destroyed. Where the damaged or destroyed crops are grown for testing or research purposes, damages will also include twice the actual damages relating to production, research, testing, replacement and crop development costs directly related to the crop that has been damaged or destroyed.

Hazardous Waste & Substance Management Transportation of Hazardous Waste (HB 2685) As part of an omnibus act that relates to the promulgation of rules by the various agencies in the State, this measure authorizes the Division of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways.

255 WEST VIRGINIA Solid Waste A. James Manchin Fund (SB 721) This legislation renames the Waste Tire Remediation/Environmental Cleanup Fund the A. James Manchin Fund and authorizes its use for the tire disposal program. Under current law, the Fund is used exclusively for remediation of waste tire piles for the tire disposal program. The Fund consists of the proceeds from the sale of waste tires, fees collected by the division of motor vehicles, any federal, state or private grants, legislative appropriations, loans and any other funding source available for waste tire remediation. Litter (HB 2222) This measure is designed to control litter and punish violators. It authorizes county commissions to hire litter control officers. In addition, this act makes it a crime to throw litter from a motor vehicle and provides for this offense to result in three points against a violator’s driver’s license. Littering on public or private property or waters becomes a misdemeanor. This measure provides for verification of community service litter cleanup. Among other things, this act also contains the following provisions:

l increases civil penalties for litter conviction;

l directs moneys from civil penalties to go to the Litter Control Fund and county and regional solid waste authorities;

l requires solid waste authorities to expend funds for litter prevention, cleanup and enforcement;

l requires the Division of Highways to erect signs throughout the state setting forth the penalties for littering;

l requires the Division of Motor Vehicles to provide a summary of litter law when registering a motor vehicle or issuing a license; and

l provides that solid waste authorities may expend funds for litter prevention. Solid Waste Collection Services (SB 555) This legislation authorizes municipalities and private solid waste motor carriers to negotiate an agreement for continued exclusive private solid waste collection service in an annexed area. It also limits the agreement to a period of no more than three years. Waste Tire Remediation/Environmental Cleanup (HB 2685) As part of an omnibus act that relates to the promulgation of rules by the various agencies in the State, this measure authorizes the Division of Highways to promulgate a legislative rule relating to waste tire remediation/environmental cleanup.

Water & Sewer Districts/Systems Sewage and Sanitation (HB 2271) This act increases the maximum expenditure made by a sanitary board from $5,000 to $10,00 before requiring advertising for competitive bids.

256 Water Quality & Conservation Upper Mud River Wildlife Management and Recreation Area (SCR 37) This resolution requests the Division of Natural Resources study the feasibility of making the Upper Mud River Watershed Project in Lincoln County a state park or other designated area, as may be appropriate. The Division will prepare a comprehensive plan for the development and utilization of the area with timelines and budget projections. The Division will report to the Joint Committee on Government and Finance on its findings, conclusions, recommendations and its comprehensive plan, together with drafts of any legislation necessary to effectuate its recommendations, on or before December 1, 2001.

257 WEST VIRGINIA 258 Southern States Energy Board The Southern States Energy Board (SSEB) is a non-profit interstate compact organization created in 1960 and established under Public Laws 87-563 and 92-400. The Board’s mission is to enhance economic development and the quality of life in the South through innovations in energy and environmental programs and technologies. As an institution that has led to economic growth in the South, the Southern States Energy Board endeavors to reach the goal of sustainable development by implementing strategies that support its mission. The Southern States Energy Board develops, promotes and recommends policies and programs that protect and enhance the environment without compromising the needs of future generations. Sixteen southern states and two territories comprise the membership of SSEB: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, Puerto Rico, South Carolina, Tennessee, Texas, U.S. Virgin Islands, Virginia, and West Virginia. Each jurisdiction is represented by the governor and a legislator from the House and Senate. A governor serves as chairman and legislators serve as vice chairman and treasurer. Ex-officio, non-voting board members include a federal representative appointed by the President of the United States, the Southern Legislative Conference Energy and Environment Committee Chair and SSEB’s executive director, who serves as secretary. The Southern States Energy Board was created by state law and consented to by Congress with a broad mandate to contribute to the economic and community well-being of the citizens of the southern region. The Board exercises this mandate through the creation of programs in the fields of energy and environmental policy research, development and implementation, science and technology exploration and related areas of concern. The Southern States Energy Board serves its members directly by providing timely assistance designed to develop effective energy and environmental policies and represents its members before governmental agencies at all levels.

259 SOUTHERN STATES ENERGY BOARD 260 2000-2001 Executive Committee Chairman The Honorable Jim H. Hodges, Governor of South Carolina

Chairman-Elect The Honorable Ronnie Musgrove, Governor of Mississippi

Vice-Chair Representative Judy Hawley, Texas

Treasurer Representative Jimmy Skipper, Georgia

Member, Executive Committee The Honorable James S. Gilmore, III, Governor of Virginia

Member, Executive Committee The Honorable Paul E. Patton, Governor of Kentucky

Member, Executive Committee Senator Leo Green, Maryland

Member, Executive Committee Senator John C. Watkins, Virginia

Member, Executive Committee Representative Tom Weathersby, Mississippi

Member, Executive Committee Vacant (pending appointment)

Federal Representative Ms. Eva Teig Hardy, Dominionl

Secretary Mr. Kenneth J. Nemeth, Executive Director, SSEBl

Southern Legislative Conference (SLC) Energy and Environment Committee Chair Representative Jim Ellington, Mississippin l Ex-Officio, Non-Voting Executive Committee Members n The Board’s by-laws provide that the Southern Legislative Conference Energy Committee chair serves as a non-voting executive committee member.

261 2000-2001 EXECUTIVE COMMITTEE 262 Members of the Board

Alabama North Carolina The Honorable Don Siegelman The Honorable Michael F. Easley Representative Pete B. Turnham, Emeritus Mr. Larry Shirley (Governor’s Alternate) (Governor’s Alternate) Senator David W. Hoyle Senator Jimmy W. Holley Representative Joe Hackney Representative Locy “Sonny” Baker Representative Joseph Mitchell (Alternate) Oklahoma The Honorable Frank Keating Arkansas Mr. Carl Michael Smith (Governor’s Alternate) The Honorable Mike Huckabee Senator Jeff Rabon Mr. Mark White (Governor’s Alternate) Representative Larry Dean Rice Senate appointment pending House appointment pending Puerto Rico Honorable Sila M. Calderón Florida Mr. Carlos Padin (Governor’s Alternate) The Honorable Jeb Bush Senate appointment pending Ms. Brenda Menendez (Governor’s Alternate) House appointment pending Senator Tom Lee Representative Jerry Paul South Carolina The Honorable Jim Hodges Georgia Dr. John F. Clark (Governor’s Alternate) The Honorable Roy Barnes Senator John C. Land, III Mr. Paul Burks (Governor’s Alternate) Representative Charles R. Sharpe Senator Terrell Starr Representative Jimmy Skipper Tennessee The Honorable Don Sundquist Kentucky Ms. Cynthia Oliphant (Governor’s Alternate) The Honorable Paul E. Patton Senator Jerry W. Cooper Mr. Jack Conway (Governor’s Alternate) Representative Don Ridgeway Senator Marshall Long Representative Fred L. Nesler Texas The Honorable Rick Perry Louisiana Mr. Michael L. Williams (Governor’s Alternate) The Honorable Mike Foster, Jr. Senator J.E. Brown Governor’s Alternate appointment pending Representative Judy Hawley Senator Max Malone Representative Wilfred Pierre U.S. Virgin Islands The Honorable Charles W. Turnbull Maryland Governor’s Alternate appointment pending The Honorable Parris N. Glendening Senate appointment pending Mr. Frederick H. Hoover, Jr. (Governor’s Alternate) Senator Leo E. Green Virginia Delegate Ronald A. Guns The Honorable James S. Gilmore, III Mr. Joshua N. Lief (Governor’s Alternate) Mississippi Senator John C. Watkins The Honorable Ronnie Musgrove Delegate James F. Almand Mr. Michael Boyd (Governor’s Alternate) Senator Thomas E. Robertson West Virginia Representative Tom Weathersby The Honorable Bob Wise Governor’s Alternate appointment pending Missouri Senator William R. Sharpe, Jr. The Honorable Bob Holden Delegate Harold K. Michael Governor’s Alternate appointment pending Senator Wayne Goode Representative Patrick Dougherty

263 MEMBERS OF THE BOARD 264 Alabama Arkansas Florida Georgia Kentucky Louisiana Maryland Mississippi Missouri North Carolina Oklahoma Puerto Rico South Carolina Tennessee Texas U.S. Virgin Islands Virginia West Virginia

Southern States Energy Board 6325 Amherst Court, Norcross, Georgia 30092 [email protected] l www.sseb.org

(770) 242-7712 l (770) 242-0421

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