530 East Main Street, Suite 820
Richmond, Virginia 23219
Phone: (804) 225-1902 Fax: (804) 225-1904
[email protected] www.valcv.org Virginia General Assembly Conservation Scorecard 2006 Virginia League of Conservation Voters 530 East Main Street, Suite 820, Richmond, Virginia 23219 Phone: (804) 225-1902 Fax: (804) 225-1904 [email protected] www.valcv.org
Board of Directors Advisory Council John B. Jaske, Jean Brown, Scenic Virginia Chairman Marcia de Garmo, Patti Jackson, Jackson Associates President Bessie Bocock Carter Stella Koch, Audubon Naturalist Society Leslie Cheek, III Joe Maio, David Crowe Voters for Loudoun’s Future Eve P. Fout Chris Miller, Loren W. Hershey Piedmont Environmental Council Susanne Lamb Jason Rylander, Anna Logan Lawson Defenders of Wildlife Michael E. Liddick Stewart Schwartz, Christopher G. Miller Coalition for Smarter Growth John W. Montgomery Jim Sharp, Michael J. O’Connor Campaign Virginia George L. Ohrstrom, II Helen Tansey, Jacqueline Ohrstrom The Nature Conservancy in Virginia Jean Perin Michael Town, Tony Vanderwarker Sierra Club, Virginia Chapter Nancy West Doris Whitfield, Martha Wingfield Sierra Club, Rappahanock Group
Executive Director Lisa M. Guthrie
Development Director Northern Virginia Coordinator Moira Holdren Laura Kitchin
Program Coordinator Office/Program Assistant Mike Kaestner Jennifer Wicker
The Virginia League of Conservation Voters is a 501(c)(4) organization.
We depend on member contributions and use part of these contributions to help elect friends of conservation to state and local office. Funds for political purposes are directed to the VALCV Political Action Committee. Gifts to the Virginia League of Conservation Voters or its political action committee are not tax-deductible.
2006 Scorecard Acknowledgements
Photo Credits: Andrea Hedgepeth, Lynda Blair - Saltbox Primitives, Cover photo by: Lynn Elliston, of Moira Holdren, VALCV Development Director, circa 1978 in Aldie, Loudoun County Map Graphics: Commonwealth of Virginia ~ Division of Legislative Services Scorecard Design: Lisa M. Sale, [email protected]
Printed on Recycled Paper A Proud Tradition Worth Our Purpose Preserving The Virginia League of Conservation Voters (VALCV) is the non-partisan political action arm of Virginia's We Virginians cherish our heritage. We also love conservation community. VALCV takes its franchise our land. We all want clean air, clean water, protection from the local, regional and state conservation groups of our farmland and forests, and preservation of our that define the issues and priorities. Because most of historical landmarks. these groups have a 501(c)(3) non-profit status, and Too often, however, our government has allowed our therefore cannot engage in electoral politics, we history to be paved over, our air and waters to become undertake that effort on their behalf. polluted, and our productive land to be wasted by VALCV’s mission is to preserve and enhance poorly planned development. the quality of life for all Virginians by making Virginia deserves elected officials who are responsive conservation a top priority with Virginia's elected to the people and the needs of the environment. officials, political candidates and voters. We must urge our elected officials to accept the The 2006 General Assembly session showed that our challenge to protect Virginia's natural resources, legislative priorities extended beyond the typical our abundant wildlife, and our irreplaceable historic environmental areas of concern such as reducing sites. Virginians care about the integrity of the point-source pollution. A breadth of legislation Commonwealth that is left to our children; our targeting land use and transportation planning policies elected officials should, too. came before lawmakers for their consideration this session. This body of legislation has a sweeping impact on the quality of life all Virginians are able to enjoy. Consequently, VALCV saw markedly increased participation by citizen activists and heard from legislators who had previously remained relatively “By picking up this Scorecard, silent on environmental and conservation issues. you've taken an important We believe that environmentally concerned citizens step toward protecting represent a huge potential force in electoral politics. Candidates for elected office often are not asked by Virginia's environment.” the public or the media to articulate their positions on conservation issues. Yet conservation concerns such as sprawl, the quality of our drinking water, the disposal of our waste, and the sanctity of our remaining open spaces continue to be important issues to voters.
Notable The number of senators whose conservation scores are below Number 25% for the 2006 General 4 Assembly session.
VALCV Conservation Scorecard 2006 1 Know Legislator “Heroes” The Score 100% Voting Record for 2006 Senate Party District By picking up this Scorecard, you've taken an important Howell (D) 32 step toward protecting Virginia's environment. Knowing Puller (D) 36 Ticer (D) 30 how your legislators vote on key bills is a key step toward holding them accountable and making conservation a top House Party District priority in Virginia government. Our annual Conservation Ebbin (D) 49 Scorecard records the most important conservation votes Englin (D) 45 of each legislative year and is distributed to VALCV McClellan (D) 71 Plum (D) 36 members, Virginia environmental organizations, elected Scott, J. (D) 53 officials at every level, and the news media. Now in its seventh year, the Conservation Scorecard has become the authoritative source on Virginia's environmental politics. Assembly’s website (http://legis.state.va.us). Special appreciation is certainly due for our Legislative Heroes— As a legislative watchdog, VALCV tracks the voting senators and delegates who had 100% conservation voting records on key environmental, growth and funding records. This year, five delegates and three senators are on proposals in the General Assembly. During each session the list. Legislators in the Top Quartile list and those who we work hard to make sure legislators hear loud and clear patroned conservation bills deserve recognition and thanks from the conservation voters in their districts. Then at as well. (See these charts on pages 3 and 13.). session's end we publish this Virginia Conservation Scorecard to help voters distinguish between the rhetoric Our legislators will be much more likely to respond favorably and the reality of a lawmaker's record. to future requests if you take a moment now to let them know you value their past efforts, especially on tough issues. And it’s even more important that you let your legislators It’s Not Too Late To Say know you read the Conservation Scorecard and care about Thanks! (… Or No Thanks!) their performance on conservation issues.
How did your legislators do this session? The 2006 session If your legislators appeared in the Bottom Quartile, they has passed and the 2007 session will be gearing up, with especially need to hear from you! (See the chart on page 3.) many more conservation bills for your legislators to consider. Write an email, make a phone call, or send a letter letting Use the legislative district maps and directory listed at the them know that you saw their score and you want them to back of the Scorecard to identify and contact your delegate improve it! These legislators need to know that you are and senator. If you can’t tell where your district is, you can watching their actions, you know their votes, and that they use the “Who’s My Legislator” utility on the General should join us in caring about environmental issues. You may even find that by providing additional information on these issues, you could make a crucial difference in their votes next time! Average Annual Scores
House Senate How the Scorecard Votes 2000 51% 47% Were Chosen 2001 54% 57% 2002 59% 45% VALCV is an advocate for a wide spectrum of conservation 2003 55% 30% initiatives while opposing ill-conceived legislation that takes 2004 47% 59% Virginia's environmental protections backward. We create 2005 40% 42% this annual Conservation Scorecard to illustrate the 2006 56% 54% performance of our elected officials during the legislative
2 VALCV Conservation Scorecard 2006 session on bills that have an impact on conservation issues. Experts from Virginia's conservation organizations 2006 Top Quartile make recommendations to VALCV on which votes should Score of 75% or Higher be included. If a vote does not illustrate a clear distinction between those who support the conservation position and House Party District Score those who do not, often that vote is discarded as a Amundson (D) 44 75 Scorecard vote. This is a natural limitation of a Scorecard Brink (D) 48 75 that is particularly visible in a year when there are so few Bulova (D) 37 88 Caputo (D) 67 88 significant conservation initiatives. Ebbin (D) 49 100 Eisenberg (D) 47 89 This year’s Scorecard, in addition to providing scores for Englin (D) 45 100 2006 and 2005, also includes a cumulative score for each Hull (D) 38 86 Jones, D. C. (D) 70 75 legislator. For this cumulative, we have calculated the Lewis (D) 100 78 actual number of “right” votes cast by legislators since McClellan (D) 71 100 Moran (D) 46 89 VALCV began the Scorecard in 2000. Cumulative scores are Plum (D) 36 100 found by dividing the number of “right” votes by the total Scott, J (D) 53 100 number of possible votes that legislator has been able to Shuler (D) 12 83 Sickles (D) 43 89 cast during his or her legislative career. This careful Toscano (D) 57 88 process allows the Conservation Scorecard to give a clear Valentine (D) 23 75 Watts (D) 39 88 picture of a legislator’s long-term performance. Wittman (R) 99 89 Remember that we must not permanently chastise legislators for their poor performance—we believe in Senate Party District Score “conservation salvation.” Every legislator has room for Deeds (D) 25 88 Herring (D) 33 86 improvement and we should be supportive, encouraging Houck (D) 17 75 them each session. And we must also not take legislators’ Howell (D) 32 100 Locke (D) 2 86 good performance for granted—they still need to hear this Lucas (D) 18 86 message from conservation-minded constituents. Miller (D) 5 75 Norment (R) 3 80 Puller (D) 36 100 Ticer (D) 30 100 Whipple (D) 31 86 2006 Bottom Quartile Score of 25% or Lower
Congratulations to the House of Delegates—no members scored below 25% during the 2006 session.
Senate Party District Score Hanger (R) 24 25 McDougle (R) 4 14 Newman (R) 23 14 Wagner. (R) 7 14
The number of pro-conservation Notable bills backed by delegates and Number senators this year. Each delegate 61 and senator received extra credit for this sponsorship.
VALCV Conservation Scorecard 2006 3 The 2006 session also began a new trend of withholding 2006 legislative information from the public. Already on Scorecard Highlights record as refusing to broadcast House floor sessions, the House Republican majority rewrote the rules for considering legislation in the name of efficiency. Under the new rules, chairmen of standing committees can New and Different assign bills to subcommittees of as few as five members with a quorum of three. A subcommittee meeting as The 2006 General Assembly session was notable on early as 6 a.m. in a cramped conference room without several counts. We began the session with a new the benefit of sound amplification equipment can kill a incoming Governor, Timothy Kaine, Lt. Governor, Bill bill with as few as three votes – none of which is Bolling, and Attorney General, Bob McDonnell along recorded. VALCV has from time to time needed to rely with a number of new delegates. Of the 49 contested upon subcommittee votes for our Scorecard. When that races during the regular November elections, 21 was the case, we could use the recorded actions on the involved challenges to Republican delegates and 17 were legislative website to verify the outcome. Now we find fights for Democratic seats. After several subsequent that we cannot be confident of a bill’s outcome even if special elections, the House of Delegates consisted of 57 we are present in the subcommittee room because we Republicans, 40 Democrats and three independents. cannot see lips or distinguish voices from strategic areas Growth and transportation issues ranked high on the of the room. As a result, VALCV has fewer options for Scorecard vote selections and the public can never be sure what happened when a vote fails to be heard in full committee. VALCV Legislative Hero Ken Plum noted that of the 794 bills that failed in the House this year, only 13 show a recorded vote.
Finally, the 2006 Session and Special Session take the prize for longevity. As of June 20, 2006, it had been 160 days since the session convened in January and the House and Senate budgetary struggles began. Fortunately a government shutdown has now been averted. A compromise budget cleared the way for voters’ priority lists when they chose their legislators to craft a two-year, $74 billion budget before representatives. In some cases, they ranked higher than July 1, the start of the new budget cycle. It does not, partisan preferences – especially in exurban counties however, fund the issue that caused the impasse in the Loudoun, Fairfax, Prince William and the cities of first place – transportation. To strike the shaky Chesapeake and Virginia Beach. compromise on the 2006-2008 budget, the Senate and House agreed to delay consideration of transportation The historic capitol building was closed this session for financing until later in the summer. Surely long-standing considerable renovations. All Senate and House floor differences will emerge once again. The Senate favors sessions and the Administration’s working offices were about $750 million in new taxes, while the House wants moved to the Patrick Henry Building which was built in to use a sizable portion of the $1.4 billion surplus and 1939 as one of 34,000 Public Works Administration issue more bonds which would be repaid with interest. projects in the nation. The building was originally designed and constructed to house the Virginia State Embedded in the lengthy budget negotiations was the Library and Supreme Court of Virginia. Even the heated debate of estate tax repeal and caps on the inauguration had to be moved to the colonial capital in Virginia Land Preservation Tax Credit program (SB Williamsburg – a first since the inauguration of 5019). Under this proposal, the tax credit will be Governor Thomas Jefferson in 1779. While offices will reduced to 40% and no more than $50 million in tax be permanently housed in the Patrick Henry Building, credits can be registered in 2007. Virginia currently has the Richmond capitol is scheduled to reopen for the one of the most successful private voluntary land 2007 General Assembly session. conservation programs in the nation. According to the
4 VALCV Conservation Scorecard 2006 Tax Department, landowners registered $135 million in by 14 states’ attorneys general and several public health credits in 2004. For Virginia to balance the budget on and environmental organizations. Mercury is now the backs of those protecting our Commonwealth’s lands, identified as a toxin that disproportionately affects young is a sad commentary on our legislators’ values. A few children and women of childbearing age. legislative leaders stepped forward to defend this critical Although some minor concessions to our concerns were program and stop this bill on the House floor, but SB addressed, the bills largely achieved industry’s goals – 5019 now heads to Governor Kaine for his actions. notably allowing interstate trading of mercury credits VALCV hopes that our elected leaders can focus on some and prohibiting DEQ from going beyond the minimal practical transportation solutions outside of simply federal rules. The language of these two bills was spending more money via taxes, tolls or debt. There has eventually rolled into HB 1055. been inordinate pressure from the status quo segment of Delegate Reid’s bill, HB 1055, achieves the following: the business and development lobby to push for more funding while ignoring the need for reform. Simply 1. The bills require DEQ to adopt the lax and flawed spending more for more roads will not get people where EPA rule for mercury and to adopt the EPA Clean Air they need to go. Voters have repeatedly demonstrated Interstate Rule. This means that the bills do allow that they “get” the importance linking land use and interstate trading of mercury and other pollutants – transportation. It is time for our representatives to give something the conservation community continues to this concept more than lip service – especially given oppose. expected increases in energy prices and the 2. The bills also codify Dominion Virginia Power’s and demonstrated advantages of community designs that Appalachian Power’s (AEP) existing plans for reduce driving and congestion. With greater confidence compliance with both of the federal rules. This does that state officials have a plan to improve Virginia’s give Virginians more certainty in reductions in planning for the future, Virginia voters would have pollution since these are now matters of state law. greater confidence in how their transportation dollars will be spent. 3. While Dominion will now reduce its company-wide emissions of mercury by 86% by 2015, all other major emitters of mercury have escaped the requirement Air Quality that they reduce by the same amount. Equalization will be a major goal to achieve in future legislative Power plants are Virginia’s largest source of sulfur sessions. dioxide, nitrogen oxides, mercury and air toxics. These pollutants put the lives and health of millions of 4. Lastly, the bills require DEQ to conduct what could Virginians at risk, harm animal and plant life, and be a valuable, detailed evaluation of mercury diminish Virginia’s tourism economy by degrading its deposition in Virginia. This study will be critical for vistas. Nitrogen is the pollutant causing the most damage any future efforts to address mercury contamination. to the Chesapeake Bay. Up to one-third of the nitrogen in We were able to have language inserted into the bill the Bay comes from air and almost half of that that provides for a preliminary assessment by percentage comes from stationery sources such as power October 2007 with the final assessment due in plants. To address these concerns, the “Clean October 2008. Smokestacks” bill (HB 1055) was re-introduced by Delegate Jack Reid again this year along with Senator Patsy Ticer’s SB 242, but with a new twist. The conservation community had to fight off industry attempts to override the regulations on mercury that the State Air Pollution Control Board had sent out for public comment in SB 651 (Senator Phillip Puckett) and HB 1471 (Delegate Chris Saxman). These bills would have required the Air Board to adopt the minimal EPA mercury rule which is being challenged in federal court
VALCV Conservation Scorecard 2006 5 VALCV asked Governor Kaine to amend HB 1055 to bring stringent than current law and significantly reduces the Alexandria Mirant plant up to the standards of the erosive development runoff into receiving streams. other power plants. He did amend the bill to require Furthermore, this legislation removes barriers to urban Mirant to limit its mercury trading to within 200 km revitalization and provides financial incentives for instead of nationwide and the reenrolled bill passed both developers to use Low Impact Development techniques. chambers unanimously. VALCV and other conservation As a result of the outstanding efforts of conservation colleagues will monitor the DEQ assessment carefully groups, in a collaborative alliance with the Home and may use it to reopen discussions on further controls Builders Association of Virginia, HB 684 was enacted by on mercury contamination in Virginia. the unanimous vote of both houses.
Water Quality AGRICULTURAL WATER WITHDRAWALS What began as an earnest attempt to alleviate perceived WATER QUALITY IMPROVEMENT FUNDING permitting burdens for small agricultural water users, Senator Fred Quayle proposed a $1.00 per day lodging grew into a significant diminution of common law fee on hotel rooms and dedication of certain recordation riparian rights. House substitute legislation patroned by tax revenues to establish an annual distribution of $70 Delegate Steve Landes called for a nearly complete million to the Water Quality Improvement Fund. The exemption from permitting requirements for all enactment of SB 626 would have provided a continuous, agricultural uses of water, both large and small, stable, and reliable source of monies to support pollution regardless of their impact upon other riparian landowners and beneficial public uses of water. The amended HB 1185 passed out of the House and the Senate Agriculture, Conservation, and Natural Resources Committee. On the Senate floor, Senator Hanger was able to pass amendments to reinstate protections of instream flows. Governor Kaine amended the bill to restore DEQ’s authority to balance instream and off stream beneficial uses before adverse impacts occur. The House failed to adopt the amendment in the reconvened session in a 33-Y to 66-N vote. VALCV was pleased that the Governor vetoed the bill on May 19. reduction efforts throughout the Commonwealth. The progress of SB 626 was temporarily stalled in the Senate Agriculture, Conservation, and Natural Resources USE ATTAINABILITY ANALYSIS AND TMDLS Committee, where a unanimous vote continued the bill (TOTAL MAXIMUM DAILY LOAD) over for further consideration in the 2007 legislative In reaction to recent water quality based limits in the session. However, due to the tremendous statewide form of TMDLs, the coal industry initiated a bill grassroots support for dedicated water quality funding, allowing industry stakeholders to reevaluate the practical both chambers of the Virginia General Assembly ability to achieve the water quality standards underlying approved over $250 million, the largest one-time the TMDL. Current Virginia law allows any member of infusion of funds from the budget ever appropriated for the public, including industry stakeholders, to request water quality in the history of the Commonwealth. the Commonwealth to reevaluate such water quality standards through an agency study known as a Use Attainability Analysis (UAA). Under these laws, a UAA is ADEQUATE OUTFALL AND EROSION CONTROL undertaken at the discretion and expense of the Under current law, Virginia's streams are inadequately Commonwealth. As initially proposed, HB 1457 called protected from erosion. HB 684 proposes revisions to for the delay of TMDL implementation while a private Virginia's Erosion & Sediment Control Act and party was allowed to conduct its own UAA study. Stormwater Management Act as they apply to development activities. HB 684, patroned by Delegate The conservation community worked hard with industry Tom Rust, institutes on-site requirements more representatives and the bill patron, Delegate Lee Ware,
6 VALCV Conservation Scorecard 2006 to craft a bill addressing industry concerns yet providing The study committee will consist of three Senate maximum benefits to water quality. The collaborative members, appointed by Senate Rules, and six House language of HB 1457 allows members of the public members, appointed by the Speaker, with the deadline requesting a UAA to conduct and pay for the UAA itself, for the study's work scheduled for November 30, 2006. thereby alleviating the financial burden of the Votes for the PDR study resolutions were unanimous in Commonwealth. However, the private UAA results must all but one curious case. When HJ 133 to the House on then undergo 30 days of public comment and scrutiny. March 2, amended from the Senate, Delegates Hargrove, Additionally, during the entire process the state agency Hogan and Janis voted against it. Five days later, they maintains its discretion to revisit water quality standards voted for the identical SJ 94. and is not bound to adopt the findings of the private UAA nor delay the implementation of TMDLs. Furthermore, the Commonwealth has the ability to The Virginia Energy Plan introduce its own evidence as to the attainability of the water quality standard and may refute the evidence Senator Frank Wagner’s SB 262 was intended to be a contained in the private report. Based on the good faith, comprehensive blueprint for Virginia's energy needs for collaborative efforts between the coal industry and the the following ten years. VALCV had concerns that the conservation community, HB 1457 passed out of both bill rushed a state energy plan before there was a Houses without opposition. comprehensive energy policy. Our concerns increased as the bill traveled from one committee to the next - losing most of the components of the bill favoring NONTIDAL WETLANDS conservation, efficiency, and renewable energy sources The conservation community worked diligently this along the way. What remained was a call for Virginia to session to oppose Delegate John Cosgrove’s HB 1496, ask Congress to remove the moratorium on offshore which called for the elimination of the Commonwealth's drilling, questionable definitions of low-emission independent authority to evaluate development facilities (including nuclear facilities), incentives for activities impacting Virginia's nontidal waters. The fossil fuel production, and removal of local control over passage of such a bill would jeopardize the ability of the the siting of certain new energy facilities. state to achieve its pledge for no net loss of wetland acreage and its commitments to restore wetlands under The bill passed through the Senate with little the Chesapeake Bay 2000 Agreement. The House opposition—the Finance Committee removed some Agriculture, Chesapeake, and Natural Resources Committee voted unanimously to carry the bill over to the 2007 legislative session. Thus, the discussion and debate surrounding HB 1496 will continue throughout the year and it is a likely possibility that similar legislation will be reintroduced in the next session.
Purchase of Development Rights (PDR) Funding Studies components which had fiscal impacts but were generally The two PDR study resolutions, Senator Emmett viewed as good policy, namely tax credits on energy Hanger's SJ 94 and Delegate Lynwood Lewis' HJ 133, efficient appliances, and other conservation were amended, made identical and passed both components. chambers with near unanimous support. Del. Lewis' SB 262 was met with more opposition on the House side language prevailed and was actually better, as it than on the Senate. Fortunately many of the local repeatedly emphasizes the need for funding to preserve control concerns were removed in a House substitute open space and farm land, not just funding for approved version of the bill – thanks largely to public input. agricultural programs.
VALCV Conservation Scorecard 2006 7 Amendments were also made to protect minority and stating that we cannot simply try to “build our way out low-income communities. These changes, along with of the problem.” prodding from the Governor's office to send the bill The Governor’s bills were carried by a bipartisan group along, ensured its passage. of legislators and included: The Governor significantly amended SB 262, fixing -Intermodal Coordination – (SB 412-Senator Edd Houck) many of the problems with the bill. Governor Kaine This bill defines more specific functions and goals for removed troubling language regarding the siting of the Intermodal Office in the Office of the Secretary of nuclear power plants, and made many improvements to Transportation. The Intermodal Office is intended to the legislation by including tax deductions for energy strengthen the coordination between roads, rail, transit, efficient appliances, and better siting requirements for carpooling, and pedestrian-bicycle modes. The office wind energy facilities. Fortunately Governor Kaine will consist of a director, appointed by the Secretary of removed much of the offshore drilling language, leaving Transportation, and such additional transportation only the possibility for a federally funded study to look professionals as the Secretary of Transportation shall for natural gas 50 miles off the coast. The amendments determine. It shall be the duty of the director of the also included a new provision which would require office to advise the Secretary and the Commonwealth statewide use of ethanol in gasoline products. This Transportation Board on intermodal issues. The amendment provoked outrage in the petroleum industry Governor amended this bill but his amendments were and the General Assembly was pressured to remove this rejected during the reconvened session. language. A substitute bill was introduced, stripping out the ethanol language. This substitute passed the Senate 37-0, and the House 70-20 votes. There was much “We cannot let runaway controversy over the parliamentary procedure used on development clog our roads the Senate floor. Consequently, the House debate centered on the procedural questions and there was talk and ruin our beautiful of a possible constitutional challenge. landscapes.” Governor Tim Kaine, Election night Land Use and Transportation
Following the November, 2005 elections which hinged -Transfer of Development Rights – (HB 1542 – Delegate on community demands for better growth management, Mark Sickles and SB 373 – Senator John Watkins/ the 2006 General Assembly session saw a bipartisan Senator Edd Houck) These TDR bills amended local package of bills introduced by the Governor, senators, zoning authority to allow localities to provide for and delegates that represented the first step toward transfer of development rights from one parcel of land helping communities wisely plan where and how to another parcel of land. Del. Sickles’ bill was left in Virginia’s communities will grow. Early in the session, committee but the Senate bill passed. It is illustrated in Speaker of the House William J. Howell led other the Scorecard grid. The legislation had the heavy House Republicans in unveiling a package of legislative involvement of the development industry which reforms to allow local governments tools to better cinched its passage. The bill can allow local connect land use and transportation. communities to plan for protection of farmland and open space and to better direct growth to targeted In his January 16th address to the General Assembly, growth corridors but it has potential limitations. Governor Tim Kaine announced a legislative package designed to initiate the connection of land use and -Zoning, Traffic Impact Analysis – (HB 1609 – Delegate transportation planning. The package included bills Michele McQuigg and SB 724 – Senator Fred Quayle) which emerged from the Senate Finance Committee and These bills required localities to prepare and consider its 2005 “START” Commission. Senator Charles traffic impact analysis statements prior to approving Hawkins and Senator Edd Houck were prominent in rezoning applications. HB 1609 was rolled into HB 1513 the “START” effort, speaking eloquently for reform and (Delegate Jeff Frederick) The combined bill requires
8 VALCV Conservation Scorecard 2006 traffic impact analysis by the Department of new transportation and land use plan. That plan must Transportation for local comprehensive plan changes, assume a world of higher gas prices which should result rezonings, site plans and subdivision plats. Like the TDR in very different spending priorities than VDOT’s bill, this bill had the close involvement of the proposals in its VTRANS 2025 long range plan. VALCV development industry. It does not include provisions and its partners will continue to fight for the adoption of for denying a plan or project because of traffic impact. better planning and fiscally responsible transportation HB 1513 is identical to SB 699 (Senator Edd Houck) plans in upcoming General Assembly sessions. which also passed with strong support. -Zoning, Road Capacity – (HB 1610 – Delegate Bob Those wishing to learn more Marshall) This bill clarified and strengthened the power of local governments to say “no” to a rezoning if the about land use and local roads are inadequate. This bill most closely transportation reform reflected the Governor’s promise to the voters in the 2005 election to ensure local communities have the can go to power to say “no” to development that would clog their www.ReconnectingVirginia.org roads. This bill was the most important to VALCV and the one most opposed by the developer lobby. The Washington Post reported on the bill the day after it was supposed to be heard in the House Counties, Cities, and Towns subcommittee. “Several of those who attended the hearing said they were frustrated by the decision not to allow them to testify before the vote.” One developer drove from Stafford County to testify in favor of the bill. Instead the bill was “laid on the table,” a parliamentary move equivalent to killing it.
Virginia’s conservation community focused on HB 1610 as our top land use/transportation priority because it would protect a local governments’ right to deny a new development based on traffic impacts. We held a rally at the Capitol with 200 citizens who came from across the state to support HB 1610 and the other land use/transportation reforms. Leaders of both parties, including the Governor, spoke in favor of new solutions. The opposition heard us and tightened their grip, killing HB 1610 and successfully lobbying the Governor and a number of Senators against submitting a Senate version. A last ditch effort by Senator Hanger to revive the legislation by amending another House bill failed. If it The 2006 session brought to our elected officials a new had passed, HB 1610 would have let localities better plan awareness of the voters’ priorities and of the needs in communities while helping to decrease congestion on our Commonwealth. We made some significant strides our roads. forward in the traffic impact analysis requirement – especially with a pilot project being launched in Land use and transportation planning legislation in the Loudoun County. We should expect more progress in 2006 session ended up being incremental and not the 2007 General Assembly. There is much at stake in commensurate with the proposals for spending as much the upcoming session as every seat in the House and as $1 billion more per year on transportation. With time Senate will be up for election in November 2007. now to further discuss transportation reform, VALCV and our partners in the conservation community hope that together with our elected leaders, we can identify a
VALCV Conservation Scorecard 2006 9 . SB 262 Scorecard Vote Key Virginia Energy Plan Patron: Senator Frank Wagner
Establishes a state energy policy and directs the Division VOTE KEY LEGEND of Energy of the Department of Mines, Minerals, and Energy to prepare a ten-year plan to implement the = VALCV supported bill Commonwealth’s energy policy by July 1, 2007. This bill ´ = VALCV opposed bill was revised 9 times this year before the final version that Governor Kaine offered was adopted. VALCV supported the Governor’s amendment that improved the bill by addressing Senate bills or resolutions offshore gas drilling, nuclear and wind facility siting, and energy tax deductions. This final vote during the reconvened session was problematic though because the House debate SB 87 centered upon whether the Senate floor vote was procedurally Billboard Vegetation Control correct. Because it appeared that the votes were affected by the Patron: Senator John Watkins constitutionality debate, the votes selected for the Scorecard are the floor votes for passage. A vote to oppose the bill is a correct Establishes a statewide standard for vegetation control vote. (Senate: 31-Y 6-N; House 74-Y 21-N) around billboards. This bill’s original intent was to expand VDOT’s current program for issuing permits for the cutting of trees to apply even in municipalities. Amendments were sub- SB 373 sequently introduced at every Transportation committee meet- Transfer of Development Rights ing that served to strip the VDOT Commissioner’s ability to Patron: Senator John Watkins, Senator Edd Houck place conditions on the permits. The House floor vote for pas- sage is included in the Scorecard.(51-Y 46-N 2-A) Allows localities to provide for the transfer of develop- ment rights from a parcel of property located in the locali- ty to another parcel of property located elsewhere in the SB 93 locality. SB 373 enjoyed support from all quarters – the Land Conservation Tax Credit Governor, homebuilders, local governments, and smart growth Patron: Senator John Watkins advocates. Since it is generally not VALCV’s practice to include Restricts tax credits to an aggregate limit of $600,000 or unanimous votes in the Scorecard, the Senate floor vote for 50% of the fair market value in tax credit for each parcel passage was not included. The House vote was included how- donated…This bill would have curtailed Virginia’s current ever. (94-Y 3-N) successful land conservation tax credit program by placing restrictions on the allowable easements and capping the mone- tary values of the easements. The Senate floor vote for passage is included in the Scorecard. (23-Y 14-N 2-A)
SB 225 Road Impact Fees Patron: Senator Fred Quayle
Adds the City of Suffolk to those localities authorized to impose road impact fees. SB 225 was narrowly reported from the Local Government committee (8-Y 7-N) and went on to pas- sage on the Senate floor. (28-Y 12-N) It then went over to the House Counties, Cities, and Towns committee where it was “passed by indefinitely” or killed without a recorded vote. Apparently the Tidewater Builders’ Association was opposed to the legislation.
10 VALCV Conservation Scorecard 2006 ` SB 651 HB 450 Governor’s Amendment Land Conservation Tax Credit Air Emissions Controls Patron: Delegate Lee Ware Patron: Senator Phillip Puckett Removes the $100,000 annual credit limit that a taxpayer Establishes a phased schedule for electrical generating may take for qualified easement donations and requires units to reduce their emissions of sulfur dioxide, nitrogen the filing of a statement that describes how the less-than- oxide, and mercury and allows regulated facilities to cap fee interest meets the requirements of Internal Revenue and trade. SB 651 was a coal industry bill introduced to over- Code 170(h). It also allows easements on historic build- ride the regulations on mercury that the State Air Pollution ings listed on the Virginia Landmarks Register. A fee of Control Board had sent out for public comment. While the bill 1% of the value of the donated interest, or $5,000, was eventually rolled into HB 1055 with some concessions, the whichever is less, is imposed on any taxpayer who bills largely achieved industry goals to permit interstate mercu- transfers unused tax credits. It also allows the tax credits ry trading. Governor Kaine amended the bill to improve it by to pass at the death of the taxpayer to his estate and strengthening trading requirements for the Mirant plant. The allows the estate to transfer unused tax Scorecard includes the vote to support the Governor’s amend- credits. This House bill was the counter to Senate bill 93. ments in the reconvened session. (37-Y 3-NV) The House firmly seeks to protect Virginia’s successful land conservation tax credit program. Because the tax credit bills became a negotiating point in the budget process, the bills SJ 184 failed to progress beyond Senate/House conference. Because Construction and Operation of I-95 this issue is one of VALCV’s session priorities, the House floor alternative highway vote was included in the Scorecard despite Patron: Senator Frank Wagner having no opposing votes. (97-Y 0-N 3-NV) Requests the Secretary of Transportation and the Commonwealth Transportation Commissioner to explore the feasibility and desirability of entering into an inter- HB 665 state compact for the construction and operation of a Billboard Vegetation Control controlled access highway between Dover, Delaware and Patron: Delegate Leo Wardrup Charleston, South Carolina. The Commonwealth can’t fund Establishes a statewide standard for vegetation control maintenance of our current road infrastructure but the around billboards. This bill is identical to SB 87. It arose General Assembly wants to consider yet another new from a situation in Virginia Beach in which a billboard owner interstate highway. The Senate adopted SJ 184 unanimously applied to VDOT for a permit to cut down crepe myrtles in the but the House passed substitute language. The vote in the median of Virginia Beach Boulevard. The permit was rejected Scorecard is the post-conference House floor vote. (82-Y 15-N because the roads are city-maintained and not within VDOT’s 3-NV) jurisdiction. The vote selected for the Scorecard was the Senate floor vote for passage. (26-Y 12-N 3-AB)
House of Delegates bills or resolutions
HB 141 Impact Fees for Transportation Patron: Delegate Mark Cole
Adds Fauquier, Frederick, and Spotsylvania Counties to those localities authorized to impose impact fees for trans- portation. This bill was far less controversial than the Suffolk bill. It appeared that the developers, local officials, and smart growth advocates all supported the bill. The Scorecard shows the Senate floor vote for passage. (31-Y 7-N 2-NV)
VALCV Conservation Scorecard 2006 11 HB 1055 HB 1185 Governor’s Amendment Governor’s Amendment Water Air Emissions Controls Protection Permits: Regulation of Patron: Delegate Jack Reid Agricultural Withdrawals Patron: Delegate Steve Landes Establishes a phased schedule for electrical generating units to reduce their emissions of sulfur dioxide, nitrogen Governor Kaine amended HB 1185 to restore DEQ’s authority oxide, and mercury and allows regulated facilities to cap to balance instream and offstream beneficial uses before and trade. This bill started out as a comprehensive, multi-pol- adverse impacts occur, consider all beneficial uses of water, lutant bill requiring real reductions in sulfur dioxide, nitrogen and provide ample protection for all riparian rights. His oxide, and mercury from Virginia power plants. Unfortunately amendments restored an important balance between the bill was eventually combined with SB 651 and HB 1471, conservation and agricultural interests. The amendment vote legislation introduced by the power industry. While the bill on the House floor in the reconvened session is included in the does address some of the original intent, it also now requires Scorecard. The amendment was rejected 33-Y 66-N and but DEQ to adopt the lax EPA rule for mercury and to adopt the the bill itself was subsequently vetoed by the Governor on EPA Clean Air Interstate Rule. VALCV asked the Governor to May 19. amend the bill to address some of the mercury shortcomings in the bill. We supported his amendment that requires the Mirant Plant to only buy mercury credits across the river in Maryland instead of nationwide. The Scorecard vote is the House floor vote on the Governor’s amendment in the recon- vened session on April 19. (99-Y 0-N)
HB 1185 Water Protection Permits; Regulation of Agricultural Withdrawals Patron: Delegate Steve Landes
Prohibits the requirement of a Virginia Water Protection Permit for any water withdrawal from a privately owned agricultural water facility that is located outside the path of regularly flowing surface waters. Requirements shall only include annual reporting and minimal requirements necessary to maintain in stream flow for the protection of Governor Timothy Kaine took action the beneficial uses as stated in the subsection. House sub- requested by the conservation com- munity on 3 bills following the regular stitute legislation called for a nearly complete exemption from General Assembly session. permitting requirements for all agricultural uses of water regardless of their impact upon other riparian landowners Governor Kaine improved HB 1055 and SB 651 by making and beneficial public uses of water. Senator Hanger was able Notable more power plants in Virginia to get amendments passed on the Senate floor to reinstate pro- Number clean up and curb a dangerous tections of instream flows. That Senate floor vote is included 3 mercury trading program. in the Scorecard. Governor Kaine improved SB 262 (26-Y 14-N) by ensuring local government would have more authority in siting decisions and by requiring the federal government be responsible for offshore natural gas exploration. And