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 Six Legislative Update

Crossover took place this past Tuesday, February 13th. This means that all House bills that are still alive have crossed over to the Senate side, and all Senate bills that are still alive have crossed over to the House side. Because many bills do not make it past crossover, this marks an important moment in the legislative session during which our focus narrows on the few bills remaining. In the remaining weekly legislative updates, we will be highlighting the top bills that we need additional support either pushing through or killing. We will also include updates on remaining bills that the community supports/opposes with information on how to engage.

Top Action: 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. Today, as written, the two versions of the bill come with some significant investments in energy efficiency. However, they still contain problematic issues related to how utilities recover their costs, as well as how those costs are passed on to ratepayers.

Top Action: Funding Critical Land Conservation and Water Quality Program

Preserving farmland, protecting the water we drink, and restoring the Chesapeake Bay is critical to Virginians’ quality of life. Many of the ways we preserve, protect, and restore these resources are determined in Virginia’s budget. The fate of the budget is currently being hashed out in House and Senate subcommittees. Legislators from both parties have introduced amendments to correct a severe lack of funding for natural resources protection. Elected officials need to hear from people who care about conservation as the budget is hashed out. Take action by calling or emailing delegates and senators in the relevant subcommittee.

Piedmont Environmental Council has published a very informative and detailed action page that allows you to easily contact members of the subcommittees considering the various budget amendments. Click here to access their action page, and feel free to share it with your members and supporters.

Additionally, Chesapeake Bay Foundation has come out with a very informative factsheet highlighting the funding requests for oyster restoration/replenishment. The oyster is an iconic species in Virginia, important historically, economically, and ecologically. However, decades of over-harvesting, pollution, and disease have decimated the Chesapeake Bay’s oyster population to a fraction of its historic numbers. Fortunately, oysters are finally rebounding in Virginia, leading to a burgeoning industry. But this recovery needs increased state support.

Timeline: The subcommittees’ recommendations will be finalized this Sunday, February 18th, making this action very time-sensitive.

Water

#1: SUPPORT SB950, protecting communities from pipeline construction — Fracked gas pipelines have been a big issue in Virginia over the past year, which makes it no surprise that legislation addressing their impacts has also been a big issue in this year’s General Assembly session. Among the suite of bills introduced, one has made it past crossover: Senator Hanger’s SB950. 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 has been referred to the House Agriculture, Chesapeake, and Natural Resources Committee.

#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 has been referred to the House Commerce and Labor Committee.

#3: SUPPORT HB1610, implementing ASMFC’s menhaden coastwise management plan — Yesterday, Governor Ralph Northam introduced HB1610 (click here for talking points), which is being carried by Delegate Knight, that 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. Click here to view Governor Northam’s statement and letterto Delegate Marshall, the Chairman of the House Agriculture, Chesapeake, and Natural Resources Committee.

#4: SUPPORT HB494, increasing tree canopy in Virginia — There were three bills introduced this year that would assist localities in increasing the number of trees in local neighborhoods across the state. Among those introduced, the only one left standing is HB494 carried by Delegate Hodges. HB494 would allow localities throughout the Chesapeake Bay watershed to adopt an ordinance requiring planting and replacement of trees during the development process to increase tree canopy in designated areas. HB494 is currently in the Senate Local Government Committee.

Trees improve both the environment and Virginia’s economy. The canopy of mature trees intercepts rainwater, reducing the amount of stormwater pollution that reaches waterways. According to the U.S. Forest Service, trees’ extensive root systems help absorb stormwater (over 1,300 gallons per mature tree per year) and the nutrients it carries. These root systems also stabilize soils, which prevents erosion, keeping sediment out of our local rivers and streams. This in turn lets sunlight reach underwater grasses—key habitat for oysters, crabs, and rockfish—supporting the livelihoods of Virginia’s watermen. Leaf litter in streams provide a critical component of the food web, supporting aquatic creatures further up the food chain that depend on clean water to survive. This in turn supports local tourism economies by making more fish available for recreational fishing.

Energy

#1: 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 has been referred to the House Finance Committee and will be heard on Monday morning. HB665 has been referred to 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.

#2: 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 is currently 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 is currently in the House Commerce and Labor Committee.

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. VCN partners are currently working on a sign-on letter asking that Virginia fully funds its share of the Metro to keep this vital transit option functioning.

#2: OPPOSE HB1258 & SB405, zoning for wireless communications infrastructure — The conservation community supports wireless policies that promote responsible, sustainable deployment of innovative technologies for expanding broadband access. HB1258 and SB405 as drafted are a step backwards in that effort. The legislation fails to provide for responsible siting of wireless technologies by reducing/undermining community input and local authority. Towers resulting from this legislation would undermine the character of our neighborhoods as well as our significant historic and scenic resources. It also has the real potential to create citizen backlash against the deployment of broadband that results from understandable outrage caused by poorly sited towers and antennae arrays. SB450 is currently in the House Agriculture, Chesapeake, and Natural Resources Committee.

#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 is currently in the House Appropriations Committee.