WASTE MANAGEMENT BULLETIN
January 27, 2006
Contact: Wayland T. Harris, Client Services Manager (804) 355-4520
2006 Proposed Legislation
The 2006 Legislative Session convened on January 11, 2006, and is scheduled to adjourn no later than
March 11, 2006. Since arriving in town, the General Assembly members have introduced many bills and resolutions for consideration in this year’s session. Below are summaries of current bills related to the waste industry, which are worthy of tracking. If you are interested in reading the full text on any of these bills, go to http://legis.state.va.us and enter a bill number.
HB 200 Fees; Transportation Board to impose on trucks, etc. for use in maintaining highways.
Summary as introduced:
Fees on trucks. Requires the
Commonwealth Transportation Board to impose a fee on trucks and combination
vehicles for use in maintaining state highways. The Board is to calculate,
impose, and collect a fee for damage done to highways by certain vehicles. The
amount of the fee is to be based on the difference between the amount received
annually by the Commonwealth from the federal government for highway
maintenance and the annual cost to the Commonwealth of repairing damage done to
the highways of the Commonwealth by vehicles subject to the fee. The amount of
the fee and the method of payment are to be determined by the Board. The fee is
to be imposed on a vehicle-by-vehicle basis and no vehicle upon which a fee is
assessed is to be operated on any highway of the Commonwealth if the fee is not
paid in full on or before the date upon which payment of the fee is due.
Full text:
01/03/06
House: Prefiled and ordered printed; offered 01/11/06 068723396
Status:
01/03/06 House: Prefiled and ordered printed; offered 01/11/06 068723396
01/03/06
House: Referred to Committee on Transportation
01/18/06
House: Assigned to Transportation sub-committee: #3 (Carrico)
HB 421 Solid Waste Management; permits for proposed facilities subject to analysis.
Summary as introduced:
Solid waste management; permits-by-rule.
Requires that permits for proposed solid waste management facilities or
facility expansions, including permit-by-rule waste management facilities, be
subject to analysis by the Director of the potential human health,
environmental, transportation infrastructure, and transportation safety impacts
and needs and an evaluation of comments by the host local government, other
local governments and interested persons. Requires that permits, including
permits-by-rule, be consistent with the regional and local solid waste
management plans.
Full text:
01/06/06
House: Prefiled and ordered printed; offered 01/11/06 060933254
01/25/06
House: Committee substitute printed 069009254-H1
(impact statement)
Status:
01/06/06 House: Prefiled and ordered printed; offered 01/11/06 060933254
01/06/06
House: Referred to Committee on Agriculture, Chesapeake and Natural
Resources
01/25/06
House: Reported from Agriculture, Chesapeake and Natural Resources with
substitute (22-Y 0-N)
01/25/06 House: Committee substitute printed 069009254-H1
01/26/06 House: Read first time
01/27/06 House: Read second time
01/27/06 House: Committee substitute agreed to 069009254-H1
01/27/06 House: Engrossed by House - committee substitute HB421H1
HB 456 Private waste companies; requirements thereof.
Summary as introduced:
Displacement of private waste companies.
Adds requirements to the procedures localities must follow before
displacing private companies providing garbage, trash, or refuse collection
services. Such requirements include making a written finding of at least one of
the following: (i) privately-owned refuse collection and disposal services are
not available; (ii) the use of privately-owned and operated services has
substantially endangered the public health or created a public nuisance; (iii)
privately-owned services, although available, are not able to provide needed
services in a reasonable and cost-efficient manner; or (iv) displacement is
necessary to provide for the development or operation of a regional system of
refuse collection or disposal for two or more localities.
Full text:
01/09/06
House: Prefiled and ordered printed; offered 01/11/06 063530492
Amendments:
House
amendments
Status:
01/09/06 House: Prefiled and ordered printed; offered 01/11/06 063530492
01/09/06
House: Referred to Committee on Counties, Cities and Towns
01/27/06
House: Reported from Counties, Cities and Towns with amendment (22-Y 0-N)
HB 464 Trash truck covers; all commercial vehicles required to use on cargo areas at all times.
Summary as introduced:
Trash truck covers. Requires that
the cargo areas of all commercial vehicles used to transport solid waste,
whether loaded or unloaded, be covered at all times, except when loading or
unloading.
Full text:
01/09/06
House: Prefiled and ordered printed; offered 01/11/06 061143344
Status:
01/09/06 House: Prefiled and ordered printed; offered 01/11/06 061143344
01/09/06
House: Referred to Committee on Transportation
01/18/06
House: Assigned to Transportation sub-committee: #2 (Saxman)
HB 550 Solid waste disposal; Highland County authorized to levy fee therefor.
Summary as introduced:
Fees for solid waste disposal by counties.
Adds Highland County to the list of counties that have the authority to
(i) levy penalty and interest on the fee for solid waste disposal and (ii)
provide discounts for older and disabled persons on the fee for solid waste
disposal.
Full text:
01/09/06
House: Prefiled and ordered printed; offered 01/11/06 065691496
Status:
01/09/06 House: Prefiled and ordered printed; offered 01/11/06 065691496
01/09/06
House: Referred to Committee on Counties, Cities and Towns
HB 554 Landfills; DEQ to develop policies & procedures to allow burning of vegetative waste.
Summary as introduced:
Burn pits. Requires the Department of
Environmental Quality to develop the policies and procedures necessary to allow
the burning of vegetative waste at landfills that have ceased accepting waste
but have not been released from postclosure care requirements. The policies and
procedures are to include measures that will protect public health and the
environment.
Full text:
01/09/06
House: Prefiled and ordered printed; offered 01/11/06 069303496
(impact statement)
Status:
01/09/06 House: Prefiled and ordered printed; offered 01/11/06 069303496
01/09/06
House: Referred to Committee on Agriculture, Chesapeake and Natural
Resources
01/18/06
House: Reported from Agriculture, Chesapeake and Natural Resources (17-Y
5-N)
01/19/06 House: Read first time
01/20/06 House: Read second time and engrossed
01/23/06 House: Read third time and passed House (72-Y 26-N)
01/23/06
House: VOTE: PASSAGE (72-Y 26-N)
01/23/06 House: Communicated to Senate
01/24/06 Senate: Constitutional reading dispensed
01/24/06
Senate: Referred to Committee on Agriculture, Conservation and Natural
Resources
HB 647 Solid waste planning; units to maintain recycling and target rates.
Summary as introduced:
Solid waste management plans.
Establishes a new regime for credits that can be used in meeting a solid
waste planning unit's recycling rate. Currently, a credit of one ton for each
ton of recycling residue generated and deposited in a landfill, not to exceed
one-fifth of the 25% requirement, is allowed in calculating the planning unit's
recycling rate. This bill would not change the credit for recycling residue
but, in addition, would extend a two percentage point credit for source
reduction programs implemented within the planning unit, a ton-for-ton credit
for solid waste material that is reused, and a ton-for-ton credit for any
non-municipal solid waste material that is recycled. The current requirement
that a planning unit maintain a minimum 25% recycling rate is reduced for less
densely populated planning units or those with high unemployment rates. The
bill stipulates that a planning unit not meeting its mandated recycling rate
cannot be the sole reason for the denial of a permit or permit amendment for a
new sanitary landfill, incinerator, or waste-to-energy facility.
Full text:
01/10/06
House: Prefiled and ordered printed; offered 01/11/06 063666498
(impact statement)
01/20/06
House: Printed as engrossed 063666498-E
(impact statement)
Amendments:
House
amendments
Status:
01/10/06 House: Prefiled and ordered printed; offered 01/11/06 063666498
01/10/06
House: Referred to Committee on Agriculture, Chesapeake and Natural
Resources
01/18/06
House: Reported from Agriculture, Chesapeake and Natural Resources with
amendment (22-Y 0-N)
01/19/06 House: Read first time
01/20/06 House: Read second time
01/20/06 House: Committee amendment agreed to
01/20/06 House: Engrossed by House as amended HB647E
01/20/06 House: Printed as engrossed 063666498-E
01/23/06 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
01/23/06
House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
01/23/06 House: Communicated to Senate
01/24/06 Senate: Constitutional reading dispensed
01/24/06
Senate: Referred to Committee on Agriculture, Conservation and Natural
Resources
HB 709 Waste containers; localities to impose civil penalty without further notice after third notice.
Summary as introduced:
Waste disposal; civil penalty.
Allows localities to impose a civil penalty without further notice for
the non-removal of waste containers after the third notice.
Full text:
01/10/06
House: Prefiled and ordered printed; offered 01/11/06 060967538
Status:
01/10/06 House: Prefiled and ordered printed; offered 01/11/06 060967538
01/10/06
House: Referred to Committee on Counties, Cities and Towns
HB 754 Landfills; allows certain to continue to accept trash.
Summary as introduced:
Grandfathering unlined landfills.
Allows landfills operating under a permit issued prior to March 15, 1993, to
continue to accept trash until reaching their vertical limit only if the
landfill has not closed or ceased accepting waste after October 9, 1993.
Currently there is no requirement that the grandfathered area of the landfill
be in continuous use since October 1993 to accept waste.
Full text:
01/10/06
House: Prefiled and ordered printed; offered 01/11/06 064338410
(impact statement)
Status:
01/10/06 House: Prefiled and ordered printed; offered 01/11/06 064338410
01/10/06
House: Referred to Committee on Agriculture, Chesapeake and Natural
Resources
01/25/06
House: Tabled in Agriculture, Chesapeake and Natural Resources
HB 1153 Virginia Energy Plan; created.
Summary as introduced:
Virginia Energy Plan. Establishes
an energy policy of the Commonwealth and directs the Division of Energy of the
Department of Mines, Minerals and Energy, in consultation with the State
Corporation Commission, Department of Environmental Quality, and Virginia
Center for Coal and Energy Research, to prepare a comprehensive Virginia Energy
Plan to implement the policy.
Please note that among the many energy-related measures listed in this bill, the measure exempts certified pollution control equipment and facilities used in collecting, processing, and distributing landfill gas or natural gas recovered from waste from taxation. (You can go to http://legis.state.va.us to read the full text of this bill.)
Full text:
01/11/06
House: Prefiled and ordered printed; offered 01/11/06 062828380
Status:
01/11/06 House: Prefiled and ordered printed; offered 01/11/06 062828380
01/11/06
House: Referred to Committee on Commerce and Labor
HB 1292 Virginia Energy Plan; created.
Summary as introduced:
Virginia Energy Plan. Establishes
an energy policy of the Commonwealth and directs the Division of Energy of the
Department of Mines, Minerals and Energy, in consultation with the State
Corporation Commission, Department of Environmental Quality, and Virginia
Center for Coal and Energy Research, to prepare a comprehensive Virginia Energy
Plan to implement the policy.
Please note that among the many energy-related measures listed in this bill, the measure exempts certified pollution control equipment and facilities used in collecting, processing, and distributing landfill gas or natural gas recovered from waste from taxation. (You can go to http://legis.state.va.us to read the full text of this bill.)
Full text:
01/11/06
House: Prefiled and ordered printed; offered 01/11/06 062626496
Status:
01/11/06 House: Prefiled and ordered printed; offered 01/11/06 062626496
01/11/06
House: Referred to Committee on Commerce and Labor
HB 1541 Electric utility restructuring; net energy metering.
Summary as introduced:
Electric utility restructuring; net energy metering. Expands the definition of an eligible
customer-generator to include a customer that contracts with other persons to
own, operate, or both, an eligible electrical generating facility.
Currently, the customer must own and operate the generating facility. The
measure also allows such facilities to have biomass, waste, renewable
resources, geothermal resources, or any combination thereof, as their total
source of fuel; currently, only facilities that use solar, wind, or hydro
energy are eligible. Finally, the measure allows facilities to be
connected to the wiring on the customer's side of its interconnection with the
distributor; currently, the facility must be located on the customer's
premises.
Full text:
01/20/06
House: Presented and ordered printed 066181525
(impact statement)
Status:
01/20/06 House: Presented and ordered printed 066181525
01/20/06
House: Referred to Committee on Commerce and Labor
01/24/06
House: Assigned C & L sub: Utilities/Employment (Byron)
SB 57 Solid waste planning; units to maintain recycling and target rates.
Summary as introduced:
Solid waste recycling rates.
Establishes that local and regional solid waste planning units shall maintain a
minimum 15% recycling rate and a target rate of 25%. Current law sets the
minimum recycling rate at 25%.
Full text:
01/03/06
Senate: Prefiled and ordered printed; offered 01/11/06 063643808
01/16/06
Senate: Committee substitute printed 067247808-S1
Status:
01/03/06 Senate: Prefiled and ordered printed; offered 01/11/06 063643808
01/03/06
Senate: Referred to Committee on Agriculture, Conservation and Natural
Resources
01/16/06
Senate: Reported from Agriculture, Conservation and Natural Resources
with substitite (12-Y 0-N)
01/16/06 Senate: Committee substitute printed 067247808-S1
01/17/06 Senate: Constitutional reading dispensed (39-Y 0-N)
01/17/06
Senate: VOTE: (39-Y 0-N)
01/18/06 Senate: Read second time
01/18/06 Senate: Reading of substitute waived
01/18/06 Senate: Committee substitute agreed to 067247808-S1
01/18/06 Senate: Engrossed by Senate - committee substitute SB57S1
01/19/06 Senate: Read third time and passed Senate (39-Y 0-N)
01/19/06
Senate: VOTE: (39-Y 0-N)
01/19/06 Senate: Communicated to House
01/20/06 House: Placed on Calendar
01/20/06 House: Read first time
01/20/06
House: Referred to Committee on Agriculture, Chesapeake and Natural
Resources
SB 82 Solid waste containers; requirements for containers carrying nonhazardous waste on State waters.
Summary as introduced:
Solid waste containers.
Establishes specifications for the structural integrity of containers carrying
nonhazardous solid waste on vessels operating in Virginia waters. The bill
contains a specific water tightness standard that these containers will have to
meet.
Full text:
01/06/06
Senate: Prefiled and ordered printed; offered 01/11/06 067210840
01/13/06
Senate: Introduced bill reprinted 067210840
01/25/06
Senate: Printed as engrossed 067210840-E
Amendments:
Senate
amendments
Status:
01/06/06 Senate: Prefiled and ordered printed; offered 01/11/06 067210840
01/06/06
Senate: Referred to Committee on Agriculture, Conservation and Natural
Resources
01/13/06 Senate: Introduced bill reprinted 067210840
01/23/06
Senate: Reported from Agriculture, Conservation and Natural Resources
with amendments (15-Y 0-N)
01/24/06 Senate: Constitutional reading dispensed (39-Y 0-N)
01/24/06
Senate: VOTE: (39-Y 0-N)
01/25/06 Senate: Read second time
01/25/06 Senate: Reading of amendments waived
01/25/06 Senate: Committee amendments agreed to
01/25/06 Senate: Engrossed by Senate as amended SB82E
01/25/06 Senate: Printed as engrossed 067210840-E
01/26/06 Senate: Read third time and passed Senate (38-Y 0-N)
01/26/06
Senate: VOTE: (38-Y 0-N)
01/26/06 Senate: Communicated to House
SB 106 Waste discharge permits; consent of local governing body required before Water Control Board issues.
Summary as introduced:
Local consent to State Water Control Board permits. Requires the consent of the local governing body
before the State Water Control Board issues, modifies, amends, or renews a
certificate or permit for the discharge of sewage, industrial wastes, including
stormwater from industrial sites, and other wastes into or adjacent to state
waters.
Full text:
01/09/06
Senate: Prefiled and ordered printed; offered 01/11/06 069003702
(impact statement)
Status:
01/09/06 Senate: Prefiled and ordered printed; offered 01/11/06 069003702
01/09/06
Senate: Referred to Committee on Agriculture, Conservation and Natural
Resources
01/23/06
Senate: Assigned to ACNR subcommittee: Waste Discharge Permits ...
SB 164 Waste and water authorities; powers regarding cost reserves and expenditures for operating capital.
Summary as introduced:
Powers of waste and water authorities. Clarifies the powers of waste and water authorities regarding cost
reserves and expenditures for operating capital. A second enactment
clause validates certain previous acts by such authorities.
Full text:
01/10/06
Senate: Prefiled and ordered printed; offered 01/11/06 064321800
Status:
01/10/06 Senate: Prefiled and ordered printed; offered 01/11/06 064321800
01/10/06
Senate: Referred to Committee on Local Government
SB 262 Virginia Energy Plan; created.
Summary as introduced:
Virginia Energy Plan. Establishes
an energy policy of the Commonwealth and directs the Division of Energy of the
Department of Mines, Minerals and Energy, in consultation with the State
Corporation Commission, Department of Environmental Quality, and Virginia
Center for Coal and Energy Research, to prepare a comprehensive Virginia Energy
Plan to implement the policy.
Please note that among the many energy-related measures listed in this bill, the measure exempts certified pollution control equipment and facilities used in collecting, processing, and distributing landfill gas or natural gas recovered from waste from taxation. (You can go to http://legis.state.va.us to read the full text of this bill.)
Full text:
01/10/06
House: Prefiled and ordered printed; offered 01/11/06 062601832
Status:
01/10/06 House: Prefiled and ordered printed; offered 01/11/06 062601832
01/10/06
Senate: Referred to Committee on Commerce and Labor
01/24/06
Senate: Assigned C&L sub: Special on SB262
SB 278 Renewable Energy Portfolio Standards; created.
Summary as introduced:
Renewable portfolio standard. Requires
20% of the electric energy sold by a supplier to retail customers in Virginia
to be generated from renewable energy sources by the 2015/2016 reporting year.
The requirement is phased in over a 10-year period. A supplier shall be excused
from the requirements to the extent that renewable energy resources are not
reasonably available in sufficient quantities in the marketplace for the
suppliers to meet them. A supplier complies with the requirement by
self-generating the renewable energy or purchasing sufficient renewable energy
credits. The credits evidence the generation of the energy from renewable sources.
A distributor's costs of compliance with these requirements will be recoverable
though fuel factor adjustments.
Full text:
01/10/06
Senate: Prefiled and ordered printed; offered 01/11/06 067044844
(impact statement)
Status:
01/10/06 Senate: Prefiled and ordered printed; offered 01/11/06 067044844
01/10/06
Senate: Referred to Committee on Commerce and Labor
SB 407 Solid waste disposal; Highland County authorized to levy fee therefore.
Summary as introduced:
Fee for solid waste disposal. Adds
Highland County to those counties that have certain additional authority with
regard to the collection of such fees, including the ability to levy penalties
for late payments.
Full text:
01/11/06
Senate: Prefiled and ordered printed; offered 01/11/06 066035732
Status:
01/11/06 Senate: Prefiled and ordered printed; offered 01/11/06 066035732
01/11/06
Senate: Referred to Committee on Local Government
#####
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