General Assembly Update: March 5, 2009

Lawmakers left the capitol city just in time to dodge the biggest snowfall in years, and fortunately they could tell constituents worried about the effect of the wintery blast on home heating bills that for the first time in years Virginia has made real progress on energy efficiency. 

Energy

The compromise bills -- SB1248 ( Northram) and HB2506 (Pollard) -- that passed the General Assembly don't establish the mandatory benchmarks consumers deserve, but by allowing utilities to recoup the cost of efficiency programs just like they do power plants, the laws will help "level the playing field" for clean energy. If utilities embrace these programs, they will create hundreds of jobs and position Virginia for future competitiveness in a carbon-capped economy.

In addition, Legislators agreed to extend the state's voluntary Renewable Portfolio Standard out three years to 2025 with a 3% higher goal of 15% of non-nuclear electricity (SB 1339). Lawmakers unanimously empowered local governments to offer tax brakes for ultra-efficient buildings certified by green architects (SB1004) and increased access to net metering for homeowners and small businesses who elect to install solar panels (HB2155). 

However, it wasn't all good news. Lawmakers also mis-defined "small renewable" projects in a way that could backfire (SB1347 and HB2175). Conservationists have concerns that streamlined permitting for 100MW projects could lead to industrial wind farms that threaten sensitive habitats and historic resources; a hodgepodge of local ordinances is likely to result. A flawed legislative order to the SCC to study demand response (SB1348 and HB2531) also signals that many in the General Assembly still haven't met a kilowatt they didn't like.

It remains to be seen how Gov. Tim Kaine will use his amendment and veto powers to reconcile these complex energy bills; the conservation community is working with the administration to ensure the best possible outcome for consumers and the environment.

Water Quality

At the start of the General Assembly session, a pair of bills (SB1022, HB2074) sought to grant permit exemptions and alterations to specific wastewater treatment plants in flagrant violation of the state's point-source pollution cap. These bills would have undermined the findings of DEQ and the State Water Control Board and backtracked on Virginia's commitment to clean the Chesapeake Bay. Fortunately, legislators agreed with conservationists and instead granted the affected plants a short-term extension but no exemption. A last-minute budget amendment appears to have reinserted the exemption for one plant (Opequon Water Reclamation Facility) and conservationists are weighing the options, including a gubernatorial amendment.

Despite the objection of conservationists, lawmakers did pass homebuilder-backed bills to overturn local regulation of alternative septic systems (SB1276 and HB1788). While these systems can theoretically function as well or better than conventional septic systems, they are far more costly to install and maintain; that is why water quality advocates worry about high failure rates. Conservationists will continue to track the issue and options for future bills after the Department of Help issues its regulations later this year.

Finally, while the lawmakers found little new money for conservation, they did establish a formula for increasing allocations to the Natural Resources Commitment Fund, which pays for agricultural BMPs through DCR and local soil and water districts.

Invasive Species

Already a threat to crops, fisheries, wildlife and wild places, invasive species threaten to become even more costly to the Commonwealth as our climate warms and globalization continues to introduce new plants, pests and parasites. This session, legislators took a first step toward addressing this complicated issue by tasking the Secretary of Natural resources with development of a plan to manage or eradicate invasive species (SB1211 and HB1775). This will help coordinate the actions already underway at disparate agencies and help make the case for allocating resource now to minimize the future loss of forests, crops and biodiversity.

Transportation

Legislators continue to puzzle over the perennial question of how to fund, maintain and modernize Virginia's transportation system. While allocations for transit and rail contained in the federal economic stimulus package may do more for Virginia than the legislature this year, lawmakers did pass bills that strengthened the role of VDOT's Office of Intermodal Planning in order develop a more balanced transportation plan (SB1398 and HB2019). They also passed a bill requiring systematic planning for public access to rivers and other resources in the design of new railroad projects (HB2088). 

Citizen Involvement

Efforts to establish a bipartisan redistricting commission that were backed by a wide ranging coalition, including VCN, came to naught in the House (SB926 and HB1685). Just how contentious the next round of redistricting will be we don't yet know. Without reform, gerrymandered districts will remain the norm for many Virginians, to the detriment of centrist issues like conservation.
For more information on Virginia Conservation Network's legislative analysis and advocacy, visit our online bill chart and learn more about our conservation priorities.

Best,
Nathan Lott
Executive Director

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