January 31, 2003

2003 Proposed Legislation

This is an update of proposed legislation since January 17, 2003. The following bills failed to make it out of committee:

HB 87 Land-disturbing activities
HB 935 Regulation of land-disturbing activity
SB 508 Income tax credit for machinery processing recyclable materials
SB 515 Solid waste landfill closure requirements
SB 592 Solid and hazardous waste and water permits; fees
SB 617 Land-disturbing activities; certificate of competence
SB 618 Sewage sludge; local authority, fees

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HB 1532 Landfill siting.
Patron - Clarke N. Hogan (all patrons) ..... notes

Summary as introduced:
Landfill siting. Eliminates (i) the ban on constructing new municipal solid waste landfills within a 5-mile upgradient of any existing public water supply intake or reservoir, and (ii) the exception that allowed such construction to occur in any county with a population between 29,200 and 30,000, according to the 1990 United States Census, if the Director of the Department of Environmental Quality determined that such distance would not be detrimental to human health and the environment.

Full text:
01/08/03 House: Presented & ordered printed, prefiled 12/19/02 033207770 (impact statement)
01/30/03 House: Committee substitute printed 032938770-H1

Status:
01/08/03 House: Presented & ordered printed, prefiled 12/19/02 033207770
01/08/03 House: Referred to Committee on Agr., Chesapeake & Natural Res.
01/27/03 House: Assigned to A., C. & N. R. sub-committee: 2
01/29/03 House: Reported from A., C. & N. R. w/substitute (16-Y 6-N)
01/30/03 House: Committee substitute printed 032938770-H1
01/30/03 House: Read first time

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HB 1809 Landfill permit exemption.
Patron - Charles W. Carrico, Sr. (all patrons) ..... notes

Summary as introduced:
Landfill permit exemption. Exempts wood and timber processing facilities from having to obtain a landfill permit to store the wood waste byproduct. The exemption would be extended to only those facilities that are in compliance with all state and federal stormwater laws and regulations and those that had implemented a stormwater pollution prevention plan.

Full text:
01/08/03 House: Presented & ordered printed, prefiled 01/07/03 032905663 (impact statement)

Status:
01/08/03 House: Presented & ordered printed, prefiled 01/07/03 032905663
01/08/03 House: Referred to Committee on Agr., Chesapeake & Natural Res.
01/27/03 House: Assigned to A., C. & N. R. sub-committee: 2
01/29/03 House: Tabled in Agri., Chesapeake and Natural Res. (22-Y 0-N)

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HB 1903 Oversize and overweight vehicles.
Patron - Jackie T. Stump (all patrons) ..... notes

Summary as introduced:
Oversize and overweight vehicles. Transfers truck oversize and overweight permitting from the Department of Transportation to the Department of Motor Vehicles.

Full text:
01/08/03 House: Presented & ordered printed, prefiled 01/07/03 031365220
01/24/03 House: Printed as engrossed 031365220-E

Amendments:
House amendments

Status:
01/08/03 House: Presented & ordered printed, prefiled 01/07/03 031365220
01/08/03 House: Referred to Committee on Transportation
01/21/03 House: Reported from Tra. w/amds (22-Y 0-N)
01/23/03 House: Read first time
01/24/03 House: Read second time
01/24/03 House: Committee amendments agreed to
01/24/03 House: Title amended
01/24/03 House: Engrossed by House as amended
01/24/03 House: Printed as engrossed 031365220-E
01/27/03 House: Read third time and passed House BLOCK VOTE (100-Y 0-N)
01/27/03 House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
01/27/03 House: Communicated to Senate
01/28/03 Senate: Constitutional reading dispensed
01/28/03 Senate: Referred to Committee on Transportation

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HB 1963 Solid waste landfills; permit requirements.
Patron - Charles W. Carrico, Sr. (all patrons) ..... notes

Summary as introduced:
Solid waste landfills; permit requirements. Exempts public service authority-owned or operated solid waste landfills from the permit requirements of (i) local government certification of consistency with all applicable ordinances, and (ii) local government host agreement certification when permit applications are for new or expanded solid waste landfills on property contiguous to existing permitted landfills owned or operated by such authority.

Full text:
01/08/03 House: Presented & ordered printed, prefiled 01/07/03 034140663 (impact statement)

Status:
01/08/03 House: Presented & ordered printed, prefiled 01/07/03 034140663
01/08/03 House: Referred to Committee on Agr., Chesapeake & Natural Res.
01/27/03 House: Assigned to A., C. & N. R. sub-committee: 2
01/29/03 House: Tabled in Agri., Chesapeake and Natural Res. (22-Y 0-N)

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HB 1992 Fees for solid waste disposal.
Patron - Robert S. Bloxom (all patrons) ..... notes

Summary as introduced:
Fees for solid waste disposal. Restates a population bracket, originally intended to apply to Accomack County, based on 2000 census figures. The existing language authorizes certain counties to impose fees related to the disposal of solid waste. Accomack County is also granted additional authority related to charging and collecting the fee, such as fee prorating, late penalties, and discounts.

Full text:
01/08/03 House: Presented & ordered printed, prefiled 01/07/03 031124644

Status:
01/08/03 House: Presented & ordered printed, prefiled 01/07/03 031124644
01/08/03 House: Referred to Committee on Counties, Cities and Towns
01/17/03 House: Reported from Counties, Cities and Towns (21-Y 1-N)
01/20/03 House: Read first time
01/21/03 House: Read second time and engrossed
01/22/03 House: Read third time and passed House (95-Y 3-N 1-A)
01/22/03 House: VOTE: PASSAGE (95-Y 3-N 1-A)
01/22/03 House: Communicated to Senate
01/23/03 Senate: Constitutional reading dispensed
01/23/03 Senate: Referred to Committee on Local Government

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HB 2083 Sewage sludge.
Patron - Watkins M. Abbitt, Jr. (all patrons) ..... notes

Summary as introduced:
Sewage sludge. Authorizes localities to adopt an ordinance that requires sewage sludge that is being applied to the land contain between 1,001 and 50,000 fecal coliform counts per gram of dry weight. This amount is within the range classified as a Class B biosolid.

Full text:
01/08/03 House: Presented & ordered printed, prefiled 01/07/03 032903600

Status:
01/08/03 House: Presented & ordered printed, prefiled 01/07/03 032903600
01/08/03 House: Referred to Committee on Agr., Chesapeake & Natural Res.
01/27/03 House: Assigned to A., C. & N. R. sub-committee: 2
01/29/03 House: Tabled in Agri., Chesapeake and Natural Res. (22-Y 0-N)

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HB 2315 Environmental permit fees.
Patron - Kenneth R. Plum (all patrons) ..... notes

Summary as introduced:
Environmental permit fees. Directs the Virginia Waste Management Board and the State Water Control Board to establish a schedule of fees that recovers the full costs for operating the solid and hazardous waste programs and the water programs. During the 2002 Session, legislation was enacted that directed the Virginia Waste Management Board to develop a new permit fee schedule to cover no more than 20 percent of the direct costs of the hazardous and solid waste programs, using as the base the amounts allocated to these programs in the 2002 Appropriation Act; however, no individual permit fee could increase more than 300 percent. That legislation also tripled the statutory caps on water permit fees. There was a July 1, 2004, sunset on this new fee structure. However, this new measure would do away with the sunset and impose a new fee structure that will make the waste and water programs self-sufficient by assessing permit holders the full cost of administering the programs.

Full text:
01/08/03 House: Presented & ordered printed, prefiled 01/08/03 032274888

Status:
01/08/03 House: Presented & ordered printed, prefiled 01/08/03 032274888
01/08/03 House: Referred to Committee on Agr., Chesapeake & Natural Res.
01/22/03 House: Tabled in Agri., Chesapeake and Natural Res. (22-Y 0-N)

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HB 2375 Electronic equipment recycling program.
Patron - Brian J. Moran (all patrons) ..... notes

Summary as introduced:
Electronic equipment recycling program. Requires the Department of Environmental Quality to adopt regulations to provide for an electronic equipment recycling program. The bill requires the program to work with local governments and businesses in determining how to recycle electronic equipment and to promote recycling and donating electronic equipment. The bill also requires the Department, by July 1, 2004, to develop a list of electronic equipment and organizations that accept it for donation or recycling. Beginning July 1, 2004, the bill bans the disposal of cathode ray tubes in mixed solid waste, prohibits solid waste management facilities from accepting cathode ray tubes, and only allows disposal of cathode ray tubes in accordance with the Department's regulations. For purposes of this bill, "cathode ray tube" means an intact glass tube used to provide the visual display in televisions, computer monitors, oscilloscopes and similar scientific equipment, and "electronic equipment" means devices that contain complex circuitry, circuit boards or signal processing, and that contain hazardous materials that may pose a risk to public health or the environment if discarded as part of mixed solid waste or disposed of in a solid waste management facility. Electronic equipment includes, but is not limited to, cathode ray tubes, computers, televisions and cell phones.

Full text:
01/08/03 House: Presented & ordered printed, prefiled 01/08/03 035312852 (impact statement)

Status:
01/08/03 House: Presented & ordered printed, prefiled 01/08/03 035312852
01/08/03 House: Referred to Committee on Agr., Chesapeake & Natural Res.
01/28/03 House: Assigned to A., C. & N. R. sub-committee: 2
01/29/03 House: Incorporated by A., C. & N. R. (HB2376-Moran) (22-Y 0-N)

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HB 2376 Cathode ray tube recycling program.
Patron - Brian J. Moran (all patrons) ..... notes

Summary as introduced:
Cathode ray tube recycling program. Requires the Department of Environmental Quality to adopt regulations to provide for a cathode ray tube special wastes recycling program, which shall be operational no later than July 1, 2004, and for enforcement of such program. The program shall include the disposal and recycling of cathode ray tubes. Beginning July 1, 2004, the bill bans the disposal of cathode ray tubes in landfills, municipal solid waste landfills or incinerators, or mixed municipal solid waste and only allows disposal of cathode ray tubes in accordance with the Department's regulations. For purposes of this bill, "cathode ray tube" means an intact glass tube used to provide the visual display in televisions, computer monitors, oscilloscopes and similar scientific equipment, but does not include the other components of an electronic product containing a cathode ray tube even if the product and the cathode ray tube are disassembled.

Full text:
01/08/03 House: Presented & ordered printed, prefiled 01/08/03 036674852 (impact statement)
01/30/03 House: Committee substitute printed 032936852-H1

Status:
01/08/03 House: Presented & ordered printed, prefiled 01/08/03 036674852
01/08/03 House: Referred to Committee on Agr., Chesapeake & Natural Res.
01/28/03 House: Assigned to A., C. & N. R. sub-committee: 2
01/29/03 House: Reported from A., C. & N. R. w/substitute (22-Y 0-N)
01/30/03 House: Committee substitute printed 032936852-H1
01/30/03 House: Read first time

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HB 2783 Financial assurance for landfills.
Patron - Terry G. Kilgore (all patrons) ..... notes

Summary as introduced:
Financial assurance for landfills. Requires the Virginia Waste Management Board, when calculating the amount to be set aside by an owner for assuring the proper closure of a landfill, to include the interest earned by an escrow account. Currently, those local governments using the financial test mechanism as the means of assuring they have enough funds to properly close their landfill have to meet a liquidity and debt service ratio. If these ratios are not met, the locality has to set the required amount aside in an escrow account; however, in calculating the amount to be set aside no credit is given for interest earned by the escrow account. This bill would include the amount of interest earned by the escrow account in calculating the amount to be set aside.

Full text:
01/17/03 House: Presented & ordered printed 033717816 (impact statement)

Status:
01/17/03 House: Presented & ordered printed 033717816
01/17/03 House: Referred to Committee on Agr., Chesapeake & Natural Res.
01/29/03 House: Stricken at request of Patron in A., C. & N. R. (22-Y 0-N)

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SB 886 Landfill closure requirements; exemption.
Patron - Frank M. Ruff (all patrons) ..... notes

Summary as introduced:
Landfill closure requirements; exemption. Exempts any municipal solid waste landfill having a year 2000 average daily volume of less than 25 tons per day from the priority closure schedule developed by the Department of Environmental Quality pursuant to the Virginia Landfill Clean-up and Closure Fund.

Full text:
01/08/03 Senate: Presented & ordered printed, prefiled 01/07/03 032412526 (impact statement)

Status:
01/08/03 Senate: Presented & ordered printed, prefiled 01/07/03 032412526
01/08/03 Senate: Referred to Committee on Agriculture, Conservation & Nat.
01/17/03 Senate: Assigned to A. C. & N. R. sub-committee: 2
01/27/03 Senate: Passed by indefinitely in A. C. & N. R. (7-Y 6-N)

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SB 1075 Fees for solid waste disposal.
Patron - Nick Rerras (all patrons) ..... notes

Summary as introduced:
Fees for solid waste disposal. Restates a population bracket, originally intended to apply to Accomack County, based on 2000 census figures. The existing language authorizes certain counties to impose fees related to the disposal of solid waste. Accomack County is also granted additional authority related to charging and collecting the fee, such as fee prorating, late penalties, and discounts.
Full text:
01/08/03 Senate: Presented & ordered printed, prefiled 01/08/03 036270522

Status:
01/08/03 Senate: Presented & ordered printed, prefiled 01/08/03 036270522
01/08/03 Senate: Referred to Committee on Local Government
01/28/03 Senate: Reported from Local Government (15-Y 0-N)
01/30/03 Senate: Constitutional reading dispensed (39-Y 0-N)
01/30/03 Senate: VOTE: CONST. RDG. DISPENSED R (39-Y 0-N)

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SB 1088 Land application of sewage sludge; requirements and regulations.
Patron - William Bolling (all patrons) ..... notes

Summary as introduced:
Land application of sewage sludge; requirements and regulations; study; report. Amends current biosolids land application law by establishing standard complaint and investigation procedures, including the maintenance of a searchable electronic database of complaints by the Virginia Department of Health (VDH). The bill requires nutrient management plans (NMPs) prepared by persons certified by the Virginia Department of Conservation and Recreation (DCR) for all land application sites, regardless of the frequency of application. Under current VDH regulations, only sites where biosolids are applied more than once every 3 years are required to prepare NMPs prior to permit issuance. The bill also requires DCR approval of all NMPs for sites where biosolids are land applied more than once every 3 years at agronomic rates. The bill allows VDH to incorporate into the permit reasonable site-specific special conditions to protect the environment or the health, safety and welfare of persons residing in the vicinity of the proposed application site. VDH must also include in its notice of special conditions such site-specific conditions recommended by the locality. The permit applicant will have at least 14 days to respond to the proposed conditions and any objections shall be heard by the Health Commissioner. The bill requires permit holders to provide VDH with evidence of financial responsibility, to be established regulation, which shall be available to pay claims for cleanup costs, personal injury and property damage. The bill creates a land application certification program to be established by VDH pursuant to which all future land application sites must have a certified land applicator on location at all times during the application process. The bill grants localities that have adopted a biosolids testing and monitoring ordinance the authority to order the abatement of land application activity for violations of relevant laws and regulations. Finally, the bill requests that VDH review certain reports of the National Research Council and the United States Environmental Protection Agency, report its findings to the Virginia Board of Health by June 30, 2004, and if requested by the Board, initiate rulemaking proceedings by September 1, 2004.

Full text:
01/08/03 Senate: Presented & ordered printed, prefiled 01/08/03 033358404
01/15/03 Senate: Printed as engrossed 033358404-E (impact statement)

Amendments:
Senate amendments

Status:
01/08/03 Senate: Presented & ordered printed, prefiled 01/08/03 033358404
01/08/03 Senate: Referred to Committee on Agriculture, Conservation & Nat.
01/13/03 Senate: Reported from A. C. & N. R. w/amds (15-Y 0-N)
01/14/03 Senate: Constitutional reading dispensed (39-Y 0-N)
01/14/03 Senate: VOTE: CONST. RDG. DISPENSED R (39-Y 0-N)
01/15/03 Senate: Read second time
01/15/03 Senate: Reading of amendments waived
01/15/03 Senate: Committee amendments agreed to
01/15/03 Senate: Reading of amendment waived
01/15/03 Senate: Amendment by Sen. Bolling agreed to
01/15/03 Senate: Engrossed by Senate as amended
01/15/03 Senate: Printed as engrossed 033358404-E
01/16/03 Senate: Read third time and passed Senate (40-Y 0-N)
01/16/03 Senate: VOTE: PASSAGE R (40-Y 0-N)
01/16/03 Senate: Communicated to House
01/24/03 House: Placed on Calendar
01/24/03 House: Read first time
01/24/03 House: Referred to Committee on Health, Welfare and Institutions

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SB 1106 Sale of liquid mercury fever thermometers prohibited.
Patron - Mary Margaret Whipple (all patrons) ..... notes

Summary as introduced:
Sale of liquid mercury fever thermometers prohibited. Requires a ban on the sale of liquid mercury fever thermometers in Virginia. Any person violating the prohibition against the sale of liquid mercury fever thermometers will be subject to the general penalties for violations of Title 32.1 statutes and Board of Health regulations, for example, Class 1 misdemeanor and fines of up to $10,000 per violation. A second enactment clause requires the Department of Health, in cooperation with the Department of Environmental Quality, to provide information on the proper disposal of liquid mercury fever thermometers to local governments and other landfill operators for the purpose of informing the public about the proper disposal of liquid mercury fever thermometers.

Full text:
01/08/03 Senate: Presented & ordered printed, prefiled 01/08/03 034798564

Status:
01/08/03 Senate: Presented & ordered printed, prefiled 01/08/03 034798564
01/08/03 Senate: Referred to Committee on Education and Health
01/23/03 Senate: Reported from Education and Health (11-Y 1-N)
01/24/03 Senate: Constitutional reading dispensed (38-Y 0-N)
01/24/03 Senate: VOTE: CONST. RDG. DISPENSED R (38-Y 0-N)
01/27/03 Senate: Read second time and engrossed
01/28/03 Senate: Read third time and passed Senate (37-Y 1-N)
01/28/03 Senate: VOTE: PASSAGE (37-Y 1-N)
01/28/03 Senate: Communicated to House
01/30/03 House: Placed on Calendar
01/30/03 House: Read first time
01/30/03 House: Referred to Committee on Health, Welfare and Institutions

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SB 1137 Transporting wastes on state waters.
Patron - Kenneth W. Stolle (all patrons) ..... notes

Summary as introduced:
Transporting wastes on state waters. Eliminates the stacking limitation for containers on barges and the prohibition on transporting waste on the Rappahannock, James, and York Rivers. This bill broadens the Board's authority to establish a waste barging fee to fund not only administration and enforcement costs, but to also fund activities for abating pollution caused by barging of waste, for improving water quality, or for other environmental improvement purposes.

Full text:
01/08/03 Senate: Presented & ordered printed, prefiled 01/08/03 033715536 (impact statement)

Status:
01/08/03 Senate: Presented & ordered printed, prefiled 01/08/03 033715536
01/08/03 Senate: Referred to Committee on Agriculture, Conservation & Nat.
01/20/03 Senate: Reported from A. C. & N. R. (15-Y 0-N)
01/21/03 Senate: Constitutional reading dispensed (39-Y 0-N)
01/21/03 Senate: VOTE: CONST. RDG. DISPENSED R (39-Y 0-N)
01/22/03 Senate: Read second time and engrossed
01/23/03 Senate: Read third time and passed Senate (39-Y 0-N)
01/23/03 Senate: VOTE: PASSAGE R (39-Y 0-N)
01/23/03 Senate: Communicated to House
01/24/03 House: Placed on Calendar
01/24/03 House: Read first time
01/24/03 House: Referred to Committee on Agr., Chesapeake & Natural Res.

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