2/6/96 VCN HIGH PRIORITY BILLS & RESOLUTIONS
House Bills
HB 70 Chesapeake Bay Preservation Act. (Murphy, Ches)
Expands the area of the state required to comply with the
Act to the watershed that drains to the Chesapeake Bay. The
deadline for compliance for the new localities is January 1,
2000. The localities must designate what areas of the
locality will be preservation areas by January 1, 1999.
HB 340 Aboveground storage tanks. (Councill, CNR) Exempts
aboveground storage tanks that are subject to federal
requirements for spill prevention plans and facility
response plans from state requirements for (i) requirements
for oil discharge contingency plans and (ii) regulations on
pollution prevention.
HB 584 Waste Tire Trust Fund. (Plum, CNR) Requires that
the regulations governing disbursements from the waste tire
fund be a tiered system. The largest amount would be given
for material recovery.
HB 590 Sale of Surplus property. (Councill, General Laws)
Requires establishment of new procedures to be followed when
the state disposes of surplus property. The bill also
provides that fifty percent of the proceeds of the sale of
surplus property will be transferred to the Conservation
Resources Fund. Based on the amount of the remaining funds,
Department of Planning and Budget is authorized to increase
the general fund appropriation to any agency for necessary
purchases.
HB 633 Conveyance of Pettigrew Wildlife Management Area.
(Guest, CNR) Authorizes the Department of game and inland
Fisheries to convey the Pettigrew Wildlife Management Area.
Seventy percent of the Area will be placed under a perpetual
conservation easement.
HB 643 Sale of surplus state property. (Thomas, GL)
Provides that the proceeds from the sale of state surplus
property will be distributed as follows: 50 percent for
capital facility improvements for higher education; 25
percent for capital improvements for health and human
service institutions; and 25 percent for the Conservation
Resources Fund.
HB 649 Abandoned Waste Site Authority and Fund. (Deeds, GL)
Establishes the Authority as a political subdivision of the
Commonwealth so that it can provide money for the cleanup of
abandoned waste sites. (There are over 2000 abandoned waste
sites whose toxicity has not yet been determined.) The
Authority is given the power to issue up to $25 million in
moral obligation revenue bonds. A special nonreverting fund
is established. Sites will be cleaned up in the priority of
their threat to public health and the environment. The
Authority is also empowered to put a lien on property for
which it has funded cleanup.
HB 662 Out-of-basin transfers of water. (Clement, GL)
Prohibits cities with a population greater than 350,000 from
supplementing its water supply with water from outside its
basin.
HB 717 Voluntary environmental assessments. (Phillips, CNR)
Requires that anyone performing an environmental audit
submit a plan for prompt implementation of corrective
action. The regulated entity must also let the Department
of Environmental Quality know when it begins and finishes an
audit. The bill clarifies that only documents prepared
during the audit are privileged, and that documents already
in existence are not privileged. Furthermore, a document is
not admissible without permission, but that the preparer of
the document can be compelled to disclose information about
its contents.
HB 800 Conservation Resources Fund. (Guest, CNR) Provides
that only money from entrance and concession fees, and the
use of property held by the Department of Conservation and
Recreation can be deposited in the Conservation Resources
Fund. The law currently provides that money generated by
these activities at any property held by the Commonwealth
will go to the Conservation Resources Fund. The
Conservation Resources Fund is used for the maintenance and
operation of state parks. This bill will expand that to any
property held by the Department of Conservation and
Recreation.
ANS adopted by CNR: Provides that, while expenditures
from the Conservation Resources Fund are limited to 25
percent of the fund for operation of state parks, the
remainder of the fund shall be expended for
conservation and development of state parks.
HB 815 Liability for waste tires. (Watkins, CNR)
Establishes strict liability for the owner or person
responsible for waste tires if the tires burn. This person
would be liable for any damage the tire fire causes, and the
injured claimant does not have to prove that the tire fire
happened because of someone's negligence. Those who
transfer tires and have taken all reasonable steps to make
sure the tires are properly disposed of, are excluded from
the strict liability that the bill establishes.
ANS adopted by CNR: Establishes strict liability for
tire pile fires. The bill applies to the tire piles
that were included in the 1993 survey of tire piles, or
that contains 50,000 tires accumulated with the consent
of the owner. Acceptance of compensation is deemed to
be consent.
HB 850 Establishment of water quality standards (Tier III
waters). (Davies, CHES) Requires that, if the State Water
Control Board proposes a water for Tier III designation,
that all localities bordering the water segment and all
downstream localities would have to receive notice of the
nomination of the water.
HB 899 Sale of surplus property. (Clement, GL) Prohibits
the sale of surplus property except in an emergency or as
allowed in the budget bill.
HB 900 Transfer of dam safety and floodplain management to
the Department of Emergency Services. (Crouch, CNR)
Transfers these two programs from the Department of
Conservation and Recreation to the Department of Emergency
Services.
HB 927 Sale of surplus property. (Purkey, GL) Provides
that all funds from the sale of surplus state property will
be deposited in a special fund for capital improvements to
higher education facilities. Currently 50 percent goes to
the Conservation Resources Fund (operation and maintenance
of state parks), and the other 50 percent goes to the
general fund to the credit of the agency that held the
surplus property.
HB 1021 Commonwealth Transportation Board. (Darner, Trans)
Establishes a new procedure for altering existing routes or
establishing new routes, if the project budget exceeds $1
million. There must be a minimum of thirty days' notice of
any project, given within three months of the project start.
The Commonwealth Transportation Board is required to have a
public hearing on the proposal, and if the governing body
wants a hearing before the Board it must be granted. The
bill forces the Board to consider the financial, social and
environmental costs of the project.
HB 1031 General permit exemption from the Administrative
Process Act. (Reid, GL) Exempts the promulgation of
general permit regulations from the procedures established
in the APA. Instead of a comprehensive process, the bill
sets up a brief period of public comment on the protections
contained in the regulation.
HB 1095 Transfer of Heritage Program. (Marshall, CNR)
Transfers the Natural Heritage Program from the Department
of Conservation and Natural Resources to the Department of
Game and Inland Fisheries.
HB 1113 Soil and Water Conservation Districts. (Ruff, CNR)
Transfers the soil and water conservation functions of the
Department of Conservation and Recreation to the Department
of Agriculture.
HB 1123 Wetlands mitigation banking. (Nelms, Ches) Allows
a person undertaking a project that is conditioned upon
wetlands mitigation to purchase credits from a wetlands
mitigation bank. The wetlands mitigation bank must be
approved and operated according to federal guidance on the
establishment, use and operation of mitigation banks.
HB 1136 Freedom of Information Act. (DeBoer, GL) Limits
the use of the exemption for Governor's working papers to
the Governor's office, the office of the Attorney General or
the office of the Lieutenant Governor. It does not extend
to any cabinet secretary, department or agency.
HB 1153 Pesticide applications. (Darner, AG) Requires that
notice be posted in a public place before pesticides are
used in the building. The bill also requires that records
be kept about what was applied and when it was applied.
HB 1209 Conservation easements. (Katzen, CNR) Prevents any
conservation easement from being valid unless the
obligations of the easement are clearly presented in
writing. The owner of the servient estate must sign an
acknowledgement of the obligation the easement creates. Any
deed executed after the law takes effect is not valid unless
these provisions are included. Any transfer of property,
including those with easements granted before July 1, 1996,
is not valid unless the notice is also given.
HB 1210 Private Property Rights Act. (Katzen, COJ)
Establishes just compensation for private property that is
"taken" by the proscription of an otherwise lawful action.
The compensation can be obtained for either regulatory or
legislative action. The threshold amount for determining
whether a taking has occurred is that the property value has
changed by twenty percent. Compensation is not allowed for
law enforcement actions or circumstances in which eminent
domain is exercised.
HB 1211 Property Fresh Start Program. (Katzen, CNR)
Provides that any property listed on the National Priority
List that has been remediated by a nonprofit organization
set up to clean up property, and which has been cleaned up
to the satisfaction of the director of the Department of
environmental Quality, shall not be subject to further
enforcement action under state law. The cleanup
certification also bars any private civil suit. In
addition, any person who purchases the property from such a
nonprofit corporation will not be subject to enforcement or
private civil suit.
HB 1212 Open Space Recreation and Conservation Fund.
(Katzen, Finance) Eliminates purchase of land for
recreation and natural areas as an authorized use of the
Open Space Recreation and Conservation Fund. The funds
(generated by the tax form check off) would be used for
development and maintenance of property owned by the
Department of Conservation and Recreation. Formerly, any
state property could access the funds.
HB 1232 Toxics management. (Connally, Ches) Requires the
State Water Control Board to promulgate a regulation
establishing a toxics management program. The program
required is based on what the state currently requires.
HB 1329 Agricultural Stewardship Bill. (Deeds, CNR)
Establishes the Agricultural Stewardship Act. Requires the
Commissioner of Agriculture to investigate complaints of
water quality violations resulting from agricultural
activities. The Commissioner has to give the owner a list
of consultants and cost share programs available to the
farmer, a copy of the complaint and the results of the
investigation. The Commissioner has to approve any
stewardship plan. The owner has six months to implement the
plan as approved. An appeal by the owner of the
Commissioner's decision is available to a body of peers
within 30 days of receipt of the Commissioner's findings.
Allows the body of peers to assess civil penalties.
HB 1380 Unjust siting of solid waste facilities. (Melvin,
CNR) Prohibits the issuance of a permit to a person whose
solid waste management activities have been conducted in a
way that impacts minority or economically disadvantaged
communities. The prohibition applies to a five mile radius
around the communities. The review of siting practices also
applies to facilities sited by the person outside the
Commonwealth.
HB 1411 Restoration of the Chesapeake Bay and its
tributaries. (Murphy, Ches.) Requires the Secretary of
Natural Resources to develop and implement strategies to
restore the water quality and living resources of the
Chesapeake Bay and its tributaries. The plans have to be
specific to each tributary and must address the reduction of
nutrients, pollutants, preservation of living resources, and
the enhancement of submerged aquatic vegetation. The bill
provides deadlines for the development of each tributary's
strategy and requires the Secretary to report to the General
Assembly by November 1st on the progress made on the plans.
ANS adopted by CHES: Provides that the plans as
described above will be prepared for the tributaries as
described in the DEQ's document on reducing nutrients
in Virginia's tidal tributaries that was issued in
1993.
HB 1412 Appeals of agency action (judicial standing).
(Murphy, Ches) Provides that a person who has participated
in the public comment process and who meets the standard for
judicial standing pursuant to Article III of the United
States Constitution is entitled to judicial review. The
specific criteria set out in the bill are those contained in
the Defenders of Wildlife v. Lujan decision.
HB 1413 Agricultural water quality protection. (Murphy,
CNR) Requires that the Department of Conservation and
Recreation investigate agricultural activities that are not
being conducted in accordance with state best management
practices. The bill requires notice, site-specific
conservation plans, and corrective measures. The
conservation district director or the director of the
Department of Conservation and Recreation are authorized to
go on the property of the landowner after proper notice is
given. Corrective orders are authorized if the landowner
does not actively implement the corrective action plan. A
right of appeal is granted to the landowner. Civil
penalties are available to the Department in the amount of
$5 thousand for each violation, based on the wilfulness of
the violation, history of noncompliance, damage to state
waters and the nature of interference with health, welfare
and property. This bill is based on the model act of the
national organization of the Soil and Water Conservation
District Directors.
HB 1433 Violations of the Erosion and Sediment Control Law.
(Dillard, CNR) Provides that an owner of land who has
suffered, or is likely to suffer, economic damage as a
result of a violation of the local erosion and sediment
control program has access to the courts for injunctive
relief.
HB 1445 Transfer of the Chesapeake Bay Program and coastal
resource management responsibilities. (Bloxom, Ches)
Transfer the programs for the Chesapeake Bay and coastal
zone management to the Chesapeake Bay Local Assistance Department.
HB 1506 Local authority to regulate agricultural land use.
(Armstrong, Ag) Prohibits a locality from enacting zoning
ordinances regulating farming or forestry practices unless
the restriction is necessary for the health, safety and
general welfare of its citizens. The bill expands the
definition of agricultural use to include the construction
of facilities for storage of sewage sludge prior to land
application.
HB 1526 Abolishing the position and the office of the
Secretary of Natural Resources. (Grayson, GL) Abolishes
the position and the office of the Secretary of Natural
Resources. Any responsibilities of that office are
transferred to the appropriate agency. The act expires on
July 1, 1998 (the office and position will once again
exist.)
HB 1532 Citizen equity, guidance documents; standing.
(Grayson, GL) Provides that an agency that uses guidance
documents must give notice of their use. The bill prohibits
the use of guidance documents instead of regulations. The
bill allows a person claiming unlawful use of a guidance
document to have review by a court. The bill also
establishes the right of judicial review for environmental
permits consistent with the language used by the U.S.
Supreme Court.
HB 1534 Citizens' Advisory Board. (Grayson, GL)
Establishes a citizens' advisory board to the director of
the Department of Environmental Quality.
House Joint Resolutions
HR 4 Fish passages and Boshers Dam. (Thomas, Rules)
expresses the sense of the House of Delegates that the
negotiations on Boshers Dam be completed expeditiously so
that the fish passages project may be completed.
HJR 221 Establishing a joint subcommittee to study the
future of Virginia's environment. Establishes a joint
subcommittee to study the future of Virginia's environment.
The joint subcommittee shall examine the history of
environmental and natural resource programs and the
budgetary trends for resource management programs. The
joint subcommittee shall also develop a long-term vision and
plan for the future management of Virginia's natural
resources. The joint subcommittee may consider issues such
as innovative approaches used in other states, integrated
environmental strategies and effective environmental
negotiation mechanisms. The joint subcommittee shall
include five members of the House, four members of the
Senate, and six citizen members. The Secretary of Natural
Resources serves as a non-voting member. Findings of the
study shall be made to the 1998 Session of the General
Assembly.
Senate Bills
SB 295 Sale of surplus property. (Stosch, GL) Provides that
all proceeds from the sale of surplus state property will be
deposited in a special fund for capital improvements at
higher education facilities. Currently half of the proceeds
go to the Conservation Resources Fund.
SB 308 Transfer of dam safety to Emergency Services.
(Hanger, GL) Transfers the responsibility for the dam
safety and flood management and assistance from the
Department of Conservation and Recreation to the Department
of Emergency Services. This is an Administration bill and
is also contained in the Governor's proposed budget.
SB 337 Air and water general permits exempted from
Administrative Process Act. (Goode, ACNR) Removes the
promulgation of regulations known as "general permits" from
the public participation requirements of the Administrative
Process Act. A sixty-day comment period would be given to
citizens, rather than the extensive opportunities afforded
under the APA.
SB 350 Transfer of the Chesapeake Bay programs from DEQ to
CBLAD. (Norment, ACNR) Transfers the responsibilities for
coastal management and the Chesapeake Bay from the DEQ to
the Chesapeake Bay Local Assistance Department. This bill
accompanies a companion line item in the Governor's budget.
SB 480 Reporting prohibited discharges. (Gartlan, ACNR)
Requires that any person responsible for a spill of sewage,
industrial waste or other noxious substance that does enter,
or may be expected to enter, state waters, lands, or storm
drains report the discharge to the State Water Control
Board, the Director of DEQ, or the coordinator of emergency
services. Written notice has to follow in 48 hours. This
language tracks the language already in law for spills of
petroleum products.
SB 519 Transfer of the Virginia Natural Area Preserves Act
and the Cave Protection Act. (Martin, ACNR) Transfers the
Natural Heritage Program from the Department of Conservation
and Natural Resources to the Department of Game and Inland
Fisheries.
SB 530 Transfer of the Erosion and Sediment Control Law and
stormwater management. (Schrock, ACNR) Transfers
responsibility for the administration of the Erosion and
Sediment Control Law and the stormwater management program
from the Department of Conservation and Recreation to the
Department of Environmental Quality.
SB 583 State actions related to water quality. (Couric,
ACNR) Requires that localities receive notice when a water
body, or portion, lying in the locality is nominated as an
outstanding water or if it is not swimmable or fishable.
When the State Water Control Board receives an application
for a permit or modification of a permit, it must give the
locality information about the applicant, including
enforcement history, if requested.