This has been a big week for conservation in the Virginia General Assembly. Bills on coal ash, fracking, and renewable energy were all up, in addition to a bill on redistricting reform. Virginia Conservation Network took positions on three new bills and eight new budget items. As we approach crossover next week, it’s critical that Virginia’s conservation community is putting as much pressure on legislators as possible to continue pushing good bills forward and to kill the bills that threaten our health, communities, and natural resources.
General Assembly Updates
Bill to Strengthen Coal Ash Pond Closure Requirements Passes Committee
We’re happy to report that on Thursday, February 2nd, SB1398 reported out of the Senate Agriculture, Conservation, and Natural Resources Committee with a 9-5 vote. This bill states that before any draft permit is issued for the closure of any electric utility-owned coal ash impoundment, the Department of Environmental Quality and the Department of Conservation and Recreation are to receive an assessment of closure options available to the owner or operator of such impoundment. This bill would give our agencies the tool they need to make the best choice for the environment during coal ash closure.
A big shoutout and thank you goes to Senator Surovell for carrying this important bill! All clean water supporters should give him a call (804-698-7536) or send him an email (district36@senate.virginia.gov) to thank him for his support of long-term solutions for coal ash in Virginia.
The following committee members voted in favor of SB1398 — if you are a constituent of one of these nine Senators, please also thank them for their support:
Senator Stuart: (804) 698-7528 / district28@senate.virginia.gov
Senator Petersen: (804) 698-7534 / district34@senate.virginia.gov
Senator Marsden: (804) 698-7537 / district37@senate.virginia.gov
Senator Stanley: (804) 698-7520 / district20@senate.virginia.gov
Senator Ebbin: (804) 698-7530 / district30@senate.virginia.gov
Senator Lewis: (804) 698-7506 / district06@senate.virginia.gov
Senator Dance: (804) 698-7516 / district16@senate.virginia.gov
Senator Mason: (804) 698-7501 / district01@senate.virginia.gov
Senator McClellan: (804) 698-7509 / district09@senate.virginia.gov
Senate Bills To Exempt Oil & Gas Industry From Reporting Chemicals Used Die
On Thursday, February 2nd, two of the four bills that would exempt fracking chemicals from Freedom of Information Act (FOIA) were killed in the Senate Finance Committee in a 8-8 tie vote: SB1291 and SB1292. The following individuals rightly voted against the bills (and in favor of transparency):
Senator Hanger: (804) 698-7524 / district24@senate.virginia.gov
Senator Stuart: (804) 698-7528 / district28@senate.virginia.gov
Senator Norment: (804) 698-7503 / district03@senate.virginia.gov
Senator Howell: (804) 698-7532 / district32@senate.virginia.gov
Senator Saslaw: (804) 698-7535 / district35@senate.virginia.gov
Senator Lucas: (804) 698-7518 / district18@senate.virginia.gov
Senator Barker: (804) 698-7539 / district39@senate.virginia.gov
Senator Dance: (804) 698-7516 / district16@senate.virginia.gov
The House versions of the bills will be crossing over to the Senate, so the Senators will need to vote a second time on these exact same bills. They need to hear from constituents and organizations that they did the right thing! If you are a constituent of one of the eight Senators listed above, please call and thank them for their NO vote last night on the Fracking FOIA bills.
Community Solar Bill Moving Forward; Other Renewable Energy Bills Killed
On Monday, January 30th, the Senate Commerce & Labor Committee voted to send SB1393 — a VCN-supported bill which will expand access to solar power in Virginia — to the Senate floor. We are excited to announce that today, Friday, February 3rd, this bill unanimously passed the Senate. Please call your Senator today and thank them for their support of SB1393! If you don’t know who your Senator is, you can find out by clicking here.
Background On Community Solar (SB1393)
Across the Commonwealth, many individuals and families are expressing an interest in local, clean power sources. However, not all Virginians are able to install a solar system at their homes for various reasons (cost, physical characteristics of their property, renting a home, etc.). These barriers prevent a large segment of Virginians from taking advantage of solar energy.
Community solar is a solution to this problem. By developing a solar energy project that serves a number of households or businesses, community solar projects reduce the price of renewable energy for participating customers. These solar projects are normally located close to the communities they serve, allowing Virginians access to the benefits of solar even if they are unable to install solar systems on their own homes. A good example of this concept would be a church with a solar installation dispatching clean energy to its congregants.
Redistricting Reform Bill Dies With No Vote
On Monday, January 30th, four Delegates on the House Constitutional Subcommittee voted to table all redistricting reform bills in the House. Delegate Randy Minchew, Delegate Mark Cole, Delegate Tim Hugo, and Delegate Jackson Miller all voted against proposals to reform our rigged redistricting process.
One of the bills, HJ763, carried by Delegate Steve Landes, would have prohibited the wide-spread practice of politicians carving out their political opponents. Contrary to comments by some members of the subcommittee, it does not include a redistricting commission, but just a simple one-line addition to the Virginia Constitution:
No electoral district shall be drawn for the purpose of favoring or disfavoring any political party, incumbent legislator, member of Congress, or other individual or entity.
“This amendment represents the core component of redistricting reform. It is simple: If you think politicians should be able to carve out their political opponents, then you are for gerrymandering and the elimination of competition in our elections,” said Brian Cannon, Executive Director of OneVirginia2021.
The hope was that other members of the House of Delegates would bring the redistricting bills beyond the House Constitutional Subcommittee for a full vote on the floor. On Friday, February 3rd, the House Privileges & Elections Committee refused to recognize legislators supporting redistricting reform who were trying to make a motion, and instead adjourned. With over 100 people in the audience, the shouts were not polite. More to come on this soon. We aren’t finished for this session — good bills are still coming from the Senate. Stay tuned.
Bill Tracker
| Hidden Bill Numbers | Issue Area | Bill Number | Patron | Description | Position |
|---|---|---|---|---|---|
| Energy | SB324 | Edwards | Natural gas companies; right of entry upon property. | SUPPORT | |
| 3-1.01 #2s | Budget | 3-1.01 #2s | Hanger | Agriculture Cost Share Program Funding | SUPPORT |
| 3-1.01 #4h | Budget | 3-1.01 #4h | Landes | Agriculture Cost Share Program Funding | SUPPORT |
| 3-6.01 #1h | Budget | 3-6.01 #1h | Landes | Agriculture Cost Share Program Funding | SUPPORT |
| 3-6.01 #1s | Budget | 3-6.01 #1s | Hanger | Agriculture Cost Share Program Funding | SUPPORT |
| 88 #1h | Budget | 88 #1h | Gooditis | Increase Farmland Preservation Funding | SUPPORT |
| 98 #2h | Budget | 98 #2h | Landes | VNRLI | SUPPORT |
| 362 #1s | Budget | 362 #1s | Hanger | Agriculture Cost Share Program Funding | SUPPORT |
| 362 #2h | Budget | 362 #2h | Webert | Agriculture Cost Share Program Funding | SUPPORT |
| 362 #2s | Budget | 362 #2s | Hanger | Agriculture Cost Share Program Funding | SUPPORT |
| 362 #4h | Budget | 362 #4h | Landes | Agriculture Cost Share Program Funding | SUPPORT |
| 362 #6s | Budget | 362 #6s | Lewis | Agriculture Cost Share Program Funding | SUPPORT |
| 362 #8h | Budget | 362 #8h | Landes | Agriculture Cost Share Program Funding | SUPPORT |
| 363 #2h | Budget | 363 #2h | Krizek, Peace, Plum, Sickles, Watts | Increase Virginia Land Conservation Foundation Funding | SUPPORT |
| 363 #4s | Budget | 363 #4s | Reeves | Establish Brandy Station Cedar Mountain State Park | SUPPORT |
| 363 #5s | Budget | 363 #5s | Hanger | Increase Virginia Land Conservation Foundation Funding | SUPPORT |
| 363 #13s | Budget | 363 #13s | Howell | Increase Virginia Land Conservation Foundation Funding | SUPPORT |
| 374 #1h | Budget | 374 #1h | Knight, Landes | Increase Virginia Battlefield Preservation Fund | SUPPORT |
| 374 #2s | Budget | 374 #2s | Vogel | Increase Virginia Battlefield Preservation Fund | SUPPORT |
| 376 #1s | Budget | 376 #1s | Wagner | Watermen and oyster reefs increase funding each year by 1.5 million for oyster replenishment and by $500,000 for oyster restoration activities | SUPPORT |
| 376 #2h | Budget | 376 #2h | Bloxom | Watermen and oyster reefs increase funding each year by 1.5 million for oyster replenishment and by $500,000 for oyster restoration activities | SUPPORT |
| 376 #2s | Budget | 376 #2s | Lewis | Battlefield Preservation Fund to 2.5 million per year | SUPPORT |
| 450 #2s | Budget | 450 #2s | Peake | Rte. 29 Eastern Bypass | OPPOSE |
| C-45 #1s | Budget | C-45 #1s | Hanger | Stormwater Management - Provide $50 million to the Stormwater Local Assistance Fund grant progam for fiscal year 2019. | SUPPORT |
| C-45 #2h | Budget | C-45 #2h | Bulova | Stormwater Management - Provide $50 million to the Stormwater Local Assistance Fund grant progam for fiscal year 2019. | SUPPORT |
| HB23 | Anti-Regulatory | HB23 | Webert | Red Tape Reduction Commission; created, review of regulatory requirements, report. | OPPOSE |
| HB58 | Energy | HB58 | Bell | State agencies; use of light-emitting diodes (LEDs) on outdoor lighting fixtures. | SUPPORT |
| HB61 | Land Conservation | HB61 | Ware | Battlefield property; termination of easement upon transfer to United States. | OPPOSE |
| HB72 | Land Use & Transportation | HB72 | Thomas | Statewide prioritization process project selection; cost of project to be considered. | OPPOSE |
| HB96 | Energy | HB96 | Rasoul | Electric utility regulation; suspension of reviews of earnings, transitional rate period. | SUPPORT |
| HB182 | Water | HB182 | Foy | Coal combustion residuals unit; closure by 2022. | SUPPORT |
| HB195 | Water | HB195 | Herring | Alexandria, City of; amending charter, tree planting and replacement. | SUPPORT |
| HB361 | Land Use and Transportation | HB361 | Rush | Billboards; relocation of certain signs. | OPPOSE |
| HB392 | Energy | HB392 | Keam | Electric utility regulation; solar energy. | SUPPORT |
| HB393 | Energy | HB393 | Keam | Electric utilities; net energy metering; program cap. | SUPPORT |
| HB400 | Water | HB400 | Keam | Replacement of trees during development process; Chesapeake Bay watershed. | SUPPORT |
| HB421 | Energy | HB421 | Sullivan | Multi-family residential building; sale of electricity to occupants. | SUPPORT |
| HB428 | Land Use & Transportation | HB428 | Marshall | Speed limits; minimum speed on certain highways. | OPPOSE |
| HB494 | Water | HB494 | Hodges | Land development; replacement of trees; locality within Chesapeake Bay watershed. | SUPPORT |
| HB665 | Energy | HB665 | Kilgore | Coal tax credits; reinstates Virginia coal employment and production incentive tax credit. | OPPOSE |
| HB668 | Land Use and Transportation | HB668 | Kilgore | Transportation funding in certain areas of the Commonwealth; price floor. | OPPOSE |
| HB801 | Anti-Regulatory | HB801 | O'Quinn | Stormwater regulation; no stricter than federal law. | OPPOSE |
| HB805 | Water | HB805 | O'Quinn | Stormwater management regulations; localities outside Chesapeake Bay watershed. | OPPOSE |
| HB822 | Water | HB822 | Knight | Menhaden; total landings. | SUPPORT |
| HB883 | Anti-Regulatory | HB883 | Webert | Regulatory budget program; established, administered by Department of Planning and Budget, report. | OPPOSE |
| HB904 | Water | HB904 | Robinson | Virginia Freedom of Information Act (FOIA); general exclusion for trade secrets. | OPPOSE |
| HB922 | Energy | HB922 | Bulova | Electric vehicle charging stations; local and public operation. | SUPPORT |
| HB1004 | Water | HB1004 | Byron | Stormwater; locality shall provide for full waiver of certain charges for public use airport runway. | OPPOSE |
| HB1082 | Anti-Regulatory | HB1082 | Vogel | Environmental regulations; no stricter than federal law. | OPPOSE |
| HB1094 | Water | HB1094 | Hodges | Chesapeake Bay Preservation Areas; regulations, local permit to raise land. | OPPOSE |
| HB1141 | Energy | HB1141 | Rasoul | Interstate natural gas pipeline; Virginia Water Protection Permit; regulations. | SUPPORT |
| HB1150 | Water | HB1150 | Wilt | Pavement sealants containing coal tar prohibited. | SUPPORT |
| HB1187 | Energy | HB1187 | Hurst | Natural gas companies; right of entry upon property. | SUPPORT |
| HB1188 | Energy | HB1188 | Hurst | Natural gas pipelines; contingency plan; operation; discharge; penalty. | SUPPORT |
| HB1192 | Anti-Regulatory | HB1192 | Cline | Administrative Process Act; development and periodic review of regulations, report. | OPPOSE |
| HB1252 | Energy | HB1252 | Kilgore | Renewable energy power purchase agreements; pilot programs. | SUPPORT |
| HB1253 | Energy | HB1253 | Tran | Net energy metering by municipalities. | SUPPORT |
| HB1258 | Land Use & Transportation | HB1258 | Kilgore | Wireless communications infrastructure; zoning. | OPPOSE |
| HB1263 | Land Use & Transportation | HB1263 | Kilgore | Commonwealth Transportation Board prioritization process; factors considered in Bristol and Salem. | OPPOSE |
| HB1273 | Energy | HB1273 | Bulova | Virginia Alternative Energy and Coastal Protection Act. | SUPPORT |
| HB1294 | Energy | HB1294 | Rasoul | Interstate natural gas pipeline construction; water quality impact bond; statewide halt. | SUPPORT |
| HB1308 | Water | HB1308 | Hodges | Stormwater management; local plan review, acceptance of signed plan in lieu of review. | OPPOSE |
| HB1353 | Land Conservation | HB1353 | Ware | Battlefield property; incorporation into national park; transfer of easement held by Board. | OPPOSE |
| HB1374 | Water | HB1374 | Poindexter | Sewerage systems; state adoption of federal criteria; ammonia. | OPPOSE |
| HB1451 | Energy | HB1451 | Sullivan | Net energy metering; schools that generate more electricity than it consumes. | SUPPORT |
| HB1455 | Land Use & Transportation | HB1455 | Thomas | Commonwealth Transportation Board; implementing changes to SMART SCALE. | OPPOSE |
| HB1488 | Water | HB1488 | Helsel | Marine Resources Commission; oyster dredge, sanctuary area. | OPPOSE |
| HB1503 | Energy | HB1503 | Toscano | Community solar generation; establishment of facilities. | SUPPORT |
| HB1528 | Energy | HB1528 | Mullin | Electric utilities; retail competition. | SUPPORT |
| HB1566 | Water | HB1566 | Hodges | Stormwater; local plan review; acceptance of plan by professional engineer in lieu of review. | OPPOSE |
| HJ32 | Energy | HJ32 | Lindsey | Coal dust blown from moving trains. | SUPPORT |
| HJ93 | Water | HJ93 | Lopez | Study; stormwater best management practices; planting and preservation of trees; report. | SUPPORT |
| HJ101 | Energy | HJ101 | Toscano | Study; Department of Mines, Minerals and Energy; use of energy storage devices; report. | SUPPORT |
| HJ111 | Anti-Regulatory | HJ111 | Head | Constitutional amendment (second resolution); powers of General Assembly; suspensions. | OPPOSE |
| SB20 | Anti-Regulatory | SB20 | Chase | Red Tape Reduction Commission; created, review of regulatory requirements, report. | OPPOSE |
| SB31 | Land Use and Transportation | SB31 | Stanley | Interstate 73 Corridor Development Fund and Program; created. | OPPOSE |
| SB147 | Land Use & Transportation | SB147 | Edwards | Commonwealth Transportation Board; factors for project selection. | OPPOSE |
| SB191 | Energy | SB191 | Favola | Net energy metering; eligibility limits. | SUPPORT |
| SB207 | Land Use & Transportation | SB207 | Stuart | Statewide prioritization process project selection; cost of project to be considered. | OPPOSE |
| SB311 | Energy | SB311 | Edwards | Community solar gardens; SCC to establish standards for operation. | SUPPORT |
| SB313 | Energy | SB313 | Edwards | Community solar generation; establishment of facilities. | SUPPORT |
| SB344 | Water | SB344 | Peake | Sewage systems; state adoption of federal criteria; ammonia. | OPPOSE |
| SB367 | Water | SB367 | Newman | Regulation of stormwater; airports. | OPPOSE |
| SB378 | Energy | SB378 | Chafin | Coal tax credits; reinstates Virginia coal employment and production incentive tax credit. | OPPOSE |
| SB405 | Land Use & Transportation | SB405 | McDougle | Wireless communications infrastructure; zoning. | OPPOSE |
| SB450 | Land Conservation | SB450 | Dance | Battlefield property; incorporation into national park; transfer of easement held by Board. | OPPOSE |
| SB640 | Land Use and Transportation | SB640 | Marsden | Billboards; relocation of certain signs. | OPPOSE |
| SB646 | Energy | SB 646 | McPike | Electric utilities; fuel factor; gas pipeline capacity. | SUPPORT |
| SB698 | Energy | SB698 | Deeds | Erosion and sediment control; inspections; natural gas pipelines; stop work instructions; emergency. | SUPPORT |
| SB699 | Energy | SB699 | Deeds | Stormwater management; inspections; natural gas pipelines; stop work instructions; emergency. | SUPPORT |
| SB708 | Water | SB708 | Chase | Coal combustion residuals unit; closure. | SUPPORT |
| SB711 | Energy | SB711 | Wexton | Electric utilities; community renewable | SUPPORT |
| SB765 | Water | SB765 | Surovell | Coal ash ponds; mandatory testing of drinking water wells. | SUPPORT |
| SB766 | Water | SB766 | Surovell | Citizen water quality monitoring; use as evidence in enforcement actions. | SUPPORT |
| SB767 | Water | SB767 | Surovell | Coal ash ponds; flaws in closure plans; delay of permit. | SUPPORT |
| SB768 | Water | SB768 | Surovell | Electric utilities; recovery of costs associated with closure in place of coal ash facilities. | SUPPORT |
| SB807 | Water | SB807 | Surovell | Electric utilities; rate adjustment clause costs of coal ash beneficiation facility. | SUPPORT |
| SB837 | Energy | SB837 | Suetterlein | Electric utilities; retail competition. | SUPPORT |
| SB950 | Energy | SB950 | Hanger | Pipeline construction; upland impacts; supplemental review. | SUPPORT |
| SB951 | Water | SB951 | Surovell | Eastern Virginia; hydraulic fracturing prohibited. | SUPPORT |
| SJ32 | Land Use and Transportation | SJ32 | Peake | Study; Virginia Department of Transportation; feasibility of eastern bypass for U.S. Route 29 | OPPOSE |
| SJ69 | Anti-Regulatory | SJ69 | Vogel | Constitutional amendment; legislative review of administrative rules. | OPPOSE |
| SB908 | Energy | SB908 | McClellan | Electric vehicle charging stations; local and public operation. | SUPPORT |
| HB1610 | Water | HB1610 | Knight | Menhaden; total landings. | SUPPORT |
| HB1241 | Water | HB1241 | Hugo | Car-washing fundraisers; use of biodegradable cleaners. | OPPOSE |
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