Updated Bill Tracker

Throughout the General Assembly session, VCN maintains an updated conservation bill tracker online. The bill tracker is updated every Friday after VCN’s Board of Directors votes on positions recommended by VCN’s Legislative Committee.

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Week Seven Legislative Update

Top Action: Funding for Critical Land Conservation Programs

On Sunday, February 18, the Senate and House budgets were released. Cuts to critical land conservation programs were worse than expected. Legislators are pointing to money that state and private entities will receive as mitigation for two gas pipeline projects and the transmission line near Jamestown as a justification for reducing overall state funding for conservation.

This sets a dangerous precedent. Mitigation agreements are made to offset specific damages to the environment in a specific place. The money should not be diverted from its intended purpose or used to justify cutting conservation funding across the state. This is terrible public policy. Statewide, it would mean less funding for parks and trails, fewer resources to protect our waterways, less funding to protect historic and scenic resources, and the continued loss of farm and forest land.

The bottom line is that money paid by corporations to repair the damage caused by their pollution should not be used to offset the long-term obligations and commitments Virginia has to protect the water we drink, conserve the farms that grow our food and save places for people to experience our natural resources.

Contact your Delegate and Senator to let them know that you are very disappointed that mitigation money is being used as a justification to reduce overall state funding for critical conservation programs.

Water

#1: SUPPORT HB1610, implementing ASMFC’s menhaden coastwise management plan — Last week, Governor Ralph Northam introduced HB1610 (click here for talking points). Carried by Delegate Knight, this bill would bring Virginia into compliance with management decisions made by the Atlantic States Marine Fisheries Commission (ASMFC) with respect to menhaden fishing. HB1610 is similar to HB822, Delegate Knight’s original bill of which VCN has a position of support — it did not receive a committee hearing.

It is critical that Virginia legislators ensure the health of the menhaden population, the Chesapeake Bay ecosystem, and provide certainty for Virginia’s economy by supporting HB1610, which implements the ASMFC’s menhaden coastwide management plan. Failure to adopt this legislation, which is necessary to conform with the management plan, could lead to serious sanctions, including a shut-down of all menhaden fisheries in the Commonwealth, threatening the livelihoods of thousands of hardworking Virginians. This bill has been referred to the House Agriculture, Chesapeake, and Natural Resources Subcommittee #3.

#2: SUPPORT SB807, disposing coal ash responsibly — Coal ash waste shouldn’t sit in outdated ponds near waterways when there are economically feasible options to use it and spur economic growth. SB807, co-patroned by Senator Surovell and Senator Chase, would remove coal ash waste from sites near waterways by incentivizing responsible coal ash recycling and reuse. This bill is expected to come up on Tuesday, February 27 in the House Commerce and Labor Subcommittee #3.

#3: SUPPORT SB950, protecting communities from pipeline construction — We’re happy to report that Senator Hanger’s SB950 reported out of the House Agriculture, Chesapeake, and Natural Resources Committee with unanimous approval (22-0 vote). This bill would require the State Water Control Board to analyze all critical information before it issues a permit for an interstate natural gas pipeline. It would require both a Virginia Water Protection Permit and a Water Quality Certification under Clean Water Act § 401. Specifically, this bill would prohibit the State Water Control Board from waiving its authority under Clean Water Act § 401 and would require review of individual water body crossings. This bill is currently on the House Floor.

Energy

#1: Update on Dominion’s Rate Freeze — In 2015, the General Assembly passed SB1349. Also known as the rate freeze, this legislation allowed utilities to circumvent oversight and review from the State Corporation Commission (SCC) and to avoid issuing ratepayer refunds of their overearnings and lowering of base rates. In January, legislators — at Dominion’s request — introduced bills to repeal and replace the rate freeze. At the crux, this legislation aims to end the rate freeze, issue refunds from overearnings, and set guidance for what to do with future overearnings, which would include investments in energy efficiency and clean energy.

The House and Senate versions of this legislation have changed dramatically since the bill was first introduced. This week, the House accepted a substitute for the Senate bill (SB967). This substitute includes a fix to the “double-dip” problem and a ten-year sunset on undergrounding. The final vote of the Senate version will take place in the House on Monday. The House version (HB1558) on the Senate side will conform to the amended Senate version.

#2: OPPOSE SB378 & HB665, extending coal tax credits — With the coal tax credits expiring on January 1, 2018, two bills to extend the coal tax credits were introduced this year — HB665 and SB378. VCN’s Board of Directors and Legislative Committee have voted to oppose these two bills, because they hold Virginia back from moving towards a clean energy future and do not effectively promote coal production and employment in the Commonwealth. SB378 still sits in the House Finance Committee, and HB665 still sits in the Senate Finance Committee.

Since the coal tax credits’ creation over 25 years ago, Virginia has given over $637 million in tax breaks to corporations and other business entities in the coal industry. These coal tax credits are not only incredibly outdated as Virginia works to transition to clean energy, they are also not actually fulfilling their intended purpose of slowing the decline of coal production. In a recent study from the Joint Legislative Audit & Review Commission (JLARC) of tax preferences, JLARC found that Virginia’s coal tax credits do not effectively promote coal production and employment in Virginia, despite their large fiscal impact.

#3: SUPPORT HB1451 & SB191, increasing access to solar energy in Virginia — There were a number of good bills introduced this General Assembly session that would get more solar energy on the grid. We’re happy to report that many of these bills are still alive and smoothly sailing through their committees. Those remaining include:

  • SUPPORT HB1451, solar energy distribution for schools — This bill allows for schools that have solar panels that generate more energy than the school consumes to send a net metering credit to one or more schools within that school division to use without any service charges or fees. This bill still sits in the Senate Commerce and Labor Committee.
  • SUPPORT SB191, increasing net metering eligibility limits — This bill provides that Virginia customers who wish to self-generate electricity with renewable energy using net metering may install up to 125% of their previous twelve months’ electric demand. SB191 is needed to remedy a problem introduced in a 2015 law that limits consumers to installing only as much solar energy as needed to meet their previous twelve months’ electricity demand. The new limited created needless inefficiency and confusion in residential solar sales and construction. This bill has been assigned to the House Commerce and Labor Subcommittee #3.

Land Use & Transportation

#1: SUPPORT $154 million for Metro funding — Metro is critical to the economy and to protecting the environment, as it massively helps to reduce carbon pollution in Northern Virginia. VCN strongly supports fully funding the Metro at $154 million annually. There are currently two bills moving through the General Assembly dealing with Metro funding — SB856 and HB1539. VCN has submitted a letter asking that Virginia fully funds its share of the Metro to keep this vital transit option functioning.

#2: OPPOSE SB31, creating the I-73 Corridor Development Fund and Program — There are many reasons the Interstate-73 project has not advanced, including the tremendous cost of this project and concerns about the adverse impacts of this project and the availability of less expensive alternatives. Regardless of the merits of the project, it should follow the same process as other projects.

SB31 would direct $40 million each year in recordation taxes on deeds and mortgages to construct the $4 billion proposed Interstate-73. This proposal would sidestep transportation planning and funding processes, including the statewide project prioritization process (now known as SMART SCALE) that the General Assembly unanimously called for in 2014. This bill still sits in the House Appropriations Committee.