General Assembly Talks Stormwater Local Assistance Fund

General Assembly:

“The House and Senate budget conferees charged with reaching an agreement on a compromise budget for the remainder of FY14 and the next biennium are in place. Both chambers approved their version of the budget a week ago, and on Wednesday, the plans were rejected by the other chamber, setting the stage for senior budget writers to work through the weekend and early next week to attempt to reconcile differences in the spending plans…

The introduced budget authorized $20 million in bonds in FY 16 for the Stormwater Local Assistance Fund, which provides 50% matching funds to qualifying local projects that reduce stormwater pollution. The fund was created and seeded with $35 million in bond proceeds last year. The House accelerates the program by authorizing $38 million in bonds in FY15; the Senate authorizes $20 million in FY15.”

~ David Blount, TJPDC Legislative Liaison

Agriculture and Natural Resources Legislation

General Assembly:

“Concerning stormwater, the House provides $38 million from the Virginia Public Building Authority (VPBA) for the stormwater grant program contingent upon the Department of Environmental Quality (DEQ) providing a grant to improve statewide digital orthography files (state mapping). The Senate shifts the $20.0 million in VPBA bond funding from the second to the first year and amends language to more clearly focus local stormwater grants on implementation of local best management practice capital projects.

          

The Senate also includes just over $31.4 million for agriculture best practices and $2 million for maintenance for SWCD district dams. It includes language requiring local governments imposing a stormwater utility fee to provide an annual report to DEQ on the programs being funding by the fee and the nutrient and sediment reductions expected to be accomplished by the programs. The Senate also directs a review of stormwater management program fee structure.

The Senate provides $2 million for the Dam Safety Program to address repairs needed for certain flood control dams maintained by Soil and Water Conservation Districts. The House reduces dam funding by over $1 million.

A House budget amendment provides $300,000 each year to support the eradication of hydrilla on Lake Anne, Lake Gaston and Smith Mountain Lake.”

~ David Blount, TJPDC Legislative Liaison

Agriculture Committee and Stormwater Legislation

General Assembly:

“This past week, the House approved HB 1173 on a 93 to one vote. The Senate Agriculture Committee followed suit on Thursday afternoon by unanimously reporting a nearly identical measure, SB 423, which awaits approval on the Senate floor. The bills, among other things, allow non-MS4 localities to opt out of having to establish a local stormwater program and have the Department of Environmental Quality establish and implement a program.”

~Writes David Blount, TJPDC Legislative Liaison

House of Delegates passes storm runoff bill

General Assembly:

“Legislation moving forward in the Virginia General Assembly will allow area counties to opt out of a mandate on monitoring runoff from building sites. The House of Delegates on Wednesday passed a bill that allows most counties across the state to let the Virginia Department of Environmental Quality manage stormwater monitoring for development. The House voted 93-1 in favor of the bill sponsored by Del. M. Keith Hodges, R-Urbanna, which includes several other pieces of related legislation.

Hodges said Wednesday this bill would let smaller, rural counties opt out of a requirement seen as a costly endeavor handed down by the state. ‘That was the initial goal, was to give the localities the relief and remove the unfunded mandate,’ Hodges said.

The counties of Frederick, Shenandoah, Warren and others could ask the DEQ to allow them to opt out of the mandate. Local governments faced a July 1 deadline to implement programs designed to monitor runoff from construction. The Warren County Board of Supervisors on Tuesday adopted a resolution of support for the bill.

An emergency clause included in the bill allows the legislation to take effect as soon as Gov. Terry McAuliff signs it, Hodges explained. The clause lets counties off the hook for meeting DEQ deadlines and allows the state agency to prepare for the transition, Hodges explained.”

~Writes Alex Bridges of Northern Virginia Daily

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Stormwater Management Bills

General Assembly

“As mentioned in the last newsletter, revisions to the state’s stormwater management laws are getting a top billing at the General Assembly. The House Agriculture Committee overwhelmingly has approved a comprehensive measure that incorporates a number of changes proposed by the various bills that were introduced by delegates. The changes are incorporated into HB 1173 and include the following provisions: 

1. Reciprocity with other states regarding best management practices;
2. Approval of a program with common plan of development conveys to individual parcels;
3. Submission of an agreement in lieu of a permit where land-disturbing activity results from the construction of a single-family residence;
4. Allowance for non-MS4s to opt out of the program and have DEQ manage it; and
5. An emergency clause, meaning the bill would take effect upon passage and signing by the governor, rather than on July 1.

 The Senate Agriculture Committee will consider its various stormwater bills next Thursday; it is expected that its bill will look similar to the House version, but perhaps provide MS4 localities with greater flexibility to meet water quality standards. The full House will take up its measure early next week.”

~Writes David Blount TJPDC Legislative Liaison

General Assembly to Address Stormwater Management

General Assembly

“More than a dozen bills have been submitted to the 2014 General Assembly that address stormwater management. It is likely that the various House and Senate bills will be lumped into a comprehensive piece of legislation in each chamber that addresses many of the issues raised in the individual bills. The likely vehicles for the revised provisions are HB 261 and SB 423. As introduced, these bills authorize the State Water Control Board to adopt regulations that create a procedure for approving permits for individual parcels in a common plan of development, provide a General Permit for Discharges of Stormwater from Construction Activities that omits unneeded information on post-construction water quality standards, and provide reciprocity with other states regarding certification of best management practices. These bills also allow the submission of an agreement in lieu of a permit where land-disturbing activity results from the construction of a single-family residence, but neither provides any delay of the July 1, 2014 requirement for local management of stormwater programs (these final two items are positions taken by the TJPD Legislative Program). Four introduced bills would provide a one year delay in the requirement. Another, HB 1173, allows any locality that does not operate a municipal separate storm sewer system (MS4) to opt out of establishing its own stormwater management program.”

~Writes David Blount of the Thomas Jefferson PDC