March 11, 2003

2003 Proposed Legislation

The 2003 General Assembly session ended on Saturday February 22nd. Even though the members have left Richmond, legislative work continues in preparation of the April 2nd veto session. You may recall that it was during this session a year ago that the $5 per ton surcharge was proposed. While a repeat of this last-minute legislation is not anticipated this year, interested parties should stay informed. With this in mind, here is an update of proposed legislation related to the solid waste industry.

The following bills failed to make it out of committee:

HB 87 Land-disturbing activities
HB 935 Regulation of land-disturbing activity
HB 1809 Landfill permit exemption.
HB 1963 Solid waste landfills; permit requirements
HB 2083 Sewage sludge
HB 2315 Environmental permit fees.
HB 2783 Financial assurance for landfills
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
SB 886 Landfill closure requirements; exemption.

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

Summary as passed: (all summaries)
Landfill siting. Allows Halifax County to site a landfill closer than 5-miles upgradient from a water source, if the Director of the Department of Environmental Quality determined that such distance would not be detrimental to human health and the environment. Currently, only Mecklenburg has an exemption that allows it to construct a landfill closer than the statewide 5-mile upgradient separation requirement.
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
02/25/03 House: Bill text as passed House and Senate (HB1532ER) (impact statement)

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
01/31/03 House: Read second time
01/31/03 House: Committee substitute agreed to 032938770-H1
01/31/03 House: Engrossed by House - committee substitute 032938770-H1
02/01/03 House: Read third time and passed House (73-Y 24-N)
02/01/03 House: VOTE: PASSAGE (73-Y 24-N)
02/01/03 House: Communicated to Senate
02/03/03 Senate: Constitutional reading dispensed
02/03/03 Senate: Referred to Committee on Agriculture, Conservation & Nat.
02/10/03 Senate: Reported from A. C. & N. R. (10-Y 5-N)
02/11/03 Senate: Const. reading disp., passed by for the day (40-Y 0-N)
02/11/03 Senate: VOTE: CONST. RDG. DISPENSED R (40-Y 0-N)
02/12/03 Senate: Read third time
02/12/03 Senate: Passed Senate (33-Y 7-N)
02/12/03 Senate: VOTE: PASSAGE (33-Y 7-N)
02/12/03 Senate: Rec. of passage agreed to by Senate (39-Y 0-N)
02/12/03 Senate: VOTE: RECONSIDER (39-Y 0-N)
02/12/03 Senate: Passed Senate (33-Y 7-N)
02/12/03 Senate: VOTE: PASSAGE (33-Y 7-N)
02/25/03 House: Bill text as passed House and Senate (HB1532ER)
02/26/03 House: Enrolled
02/26/03 House: Signed by Speaker
02/27/03 Senate: Signed by President

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

Summary as passed: (all summaries)
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 (impact statement)
02/14/03 Senate: Committee substitute printed 039427220-S1
02/27/03 House: Bill text as passed House and Senate (HB1903ER) (impact statement)

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
02/13/03 Senate: Reported from Transportation w/sub (15-Y 0-N)
02/14/03 Senate: Committee substitute printed 039427220-S1
02/17/03 Senate: Const. reading disp., passed by for the day (37-Y 0-N)
02/17/03 Senate: VOTE: CONST. RDG. DISPENSED R (37-Y 0-N)
02/18/03 Senate: Read third time
02/18/03 Senate: Reading of substitute waived
02/18/03 Senate: Committee substitute agreed to 039427220-S1
02/18/03 Senate: Engrossed by Senate - committee substitute 039427220-S1
02/18/03 Senate: Passed Senate with substitute (40-Y 0-N)
02/18/03 Senate: VOTE: (40-Y 0-N)
02/19/03 House: Placed on Calendar
02/20/03 House: Senate substitute agreed to by House (99-Y 0-N)
02/20/03 House: VOTE: ADOPTION (99-Y 0-N)
02/27/03 House: Bill text as passed House and Senate (HB1903ER)

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

Summary as passed: (all summaries)
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. This bill is identical to SB 1075.

Full text:
01/08/03 House: Presented & ordered printed, prefiled 01/07/03 031124644
02/24/03 House: Bill text as passed House and Senate (HB1992ER)

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
02/11/03 Senate: Reported from Local Government (15-Y 0-N)
02/13/03 Senate: Const. reading disp., passed by for the day (39-Y 0-N)
02/13/03 Senate: VOTE: CONST. RDG. DISPENSED R (39-Y 0-N)
02/14/03 Senate: Read third time
02/14/03 Senate: Passed Senate (37-Y 0-N)
02/14/03 Senate: VOTE: PASSAGE R (37-Y 0-N)
02/24/03 House: Bill text as passed House and Senate (HB1992ER)
02/26/03 House: Enrolled
02/26/03 House: Signed by Speaker
02/27/03 Senate: Signed by President

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

Summary as passed (all summaries):
Cathode ray tube recycling program. Requires the Virginia Waste Management Board to adopt regulations to encourage cathode ray tube and electronics recycling. The bill also authorizes localities to prohibit the disposal of cathode ray tubes in any privately operated landfill within its jurisdiction, so long as the locality has implemented a recycling program that is capable of handling all cathode ray tubes generated within the jurisdiction. This bill incorporates HB 2375.

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
02/24/03 House: Bill text as passed House and Senate (HB2376ER) (impact statement)

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
01/31/03 House: Read second time
01/31/03 House: Committee substitute agreed to 032936852-H1
01/31/03 House: Engrossed by House - committee substitute 032936852-H1
02/01/03 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/01/03 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/01/03 House: Rec. of passage agreed to by House
02/01/03 House: Passed House BLOCK VOTE (99-Y 0-N)
02/01/03 House: VOTE: BLOCK VOTE PASSAGE #2 (99-Y 0-N)
02/01/03 House: Communicated to Senate
02/03/03 Senate: Constitutional reading dispensed
02/03/03 Senate: Referred to Committee on Agriculture, Conservation & Nat.
02/10/03 Senate: Reported from A. C. & N. R. (15-Y 0-N)
02/11/03 Senate: Const. reading disp., passed by for the day (40-Y 0-N)
02/11/03 Senate: VOTE: CONST. RDG. DISPENSED R (40-Y 0-N)
02/12/03 Senate: Read third time
02/12/03 Senate: Passed Senate (40-Y 0-N)
02/12/03 Senate: VOTE: PASSAGE R (40-Y 0-N)
02/24/03 House: Bill text as passed House and Senate (HB2376ER)
02/26/03 House: Enrolled
02/26/03 House: Signed by Speaker
02/27/03 Senate: Signed by President

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

Summary as passed: (all summaries)
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. This bill is identical to HB 1992.

Full text:
01/08/03 Senate: Presented & ordered printed, prefiled 01/08/03 036270522
02/24/03 Senate: Bill text as passed Senate and House (SB1075ER)

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)
01/31/03 Senate: Read second time and engrossed
02/03/03 Senate: Read third time and passed Senate (39-Y 0-N)
02/03/03 Senate: VOTE: PASSAGE R (39-Y 0-N)
02/03/03 Senate: Communicated to House
02/04/03 House: Placed on Calendar
02/04/03 House: Read first time
02/04/03 House: Referred to Committee on Counties, Cities and Towns
02/07/03 House: Reported from Counties, Cities and Towns (22-Y 0-N)
02/10/03 House: Read second time
02/11/03 House: Read third time
02/11/03 House: Passed House (97-Y 1-N)
02/11/03 House: VOTE: PASSAGE (97-Y 1-N)
02/24/03 Senate: Bill text as passed Senate and House (SB1075ER)
02/26/03 House: Enrolled
02/26/03 House: Signed by Speaker
02/27/03 Senate: Signed by President

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

Summary as passed: (all summaries)
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 the permit authorizes land application more than once every 3 years at greater than 50 percent of agronomic rates, and certain sites operated by the owner or lessee of a Confined Animal Feeding Operation or Confined Poultry Feeding Operation. 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)
02/28/03 Senate: Bill text as passed Senate and House (SB1088ER) (impact statement)

Amendments:
House amendments
House amendments engrossed
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
02/06/03 House: Referred from Health, Welfare & Inst. (22-Y 0-N)
02/06/03 House: Referred to Committee on Agr., Chesapeake & Natural Res.
02/12/03 House: Reported from A., C. & N. R. w/amendments (21-Y 0-N)
02/13/03 House: Read second time
02/14/03 House: Read third time
02/14/03 House: Committee amendments agreed to
02/14/03 House: Engrossed by House as amended
02/14/03 House: Passed House with amendments BLOCK VOTE (99-Y 0-N)
02/14/03 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/18/03 Senate: Passed by for the day
02/19/03 Senate: House amendments agreed to by Senate (40-Y 0-N)
02/19/03 Senate: VOTE: CONCUR HOUSE AMENDMENT (40-Y 0-N)
02/28/03 Senate: Bill text as passed Senate and House (SB1088ER)

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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
02/11/03 House: Passed by indefinitely in H. W. I. (11-Y 10-N)

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

Summary as passed: (all summaries)
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 waste related purposes. This bill exempts from regulation recyclable construction demolition debris being transported on state water directly to a processing facility.

Full text:
01/08/03 Senate: Presented & ordered printed, prefiled 01/08/03 033715536 (impact statement)
02/28/03 Senate: Bill text as passed Senate and House (SB1137ER) (impact statement)

Amendments:
House amendments
House amendments engrossed

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.
02/12/03 House: Reported from A., C. & N. R. w/amendments (21-Y 0-N)
02/13/03 House: Read second time
02/14/03 House: Read third time
02/14/03 House: Committee amendments agreed to
02/14/03 House: Engrossed by House as amended
02/14/03 House: Passed House with amendments BLOCK VOTE (99-Y 0-N)
02/14/03 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/18/03 Senate: Passed by for the day
02/19/03 Senate: House amendments agreed to by Senate (36-Y 3-N)
02/19/03 Senate: VOTE: CONCUR HOUSE AMENDMENT (36-Y 3-N)
02/19/03 Senate: Rec. of House amds. agreed to by Senate (40-Y 0-N)
02/19/03 Senate: VOTE: RECONSIDER (40-Y 0-N)
02/19/03 Senate: House amendments agreed to by Senate (40-Y 0-N)
02/19/03 Senate: VOTE: CONCUR HOUSE AMENDMENT (40-Y 0-N)
02/28/03 Senate: Bill text as passed Senate and House (SB1137ER)

If you have any questions regarding this Bulletin, please contact us by email or at (804) 355-4520 (Richmond) or (336) 323-0092 (Greensboro).