VCN
E-NEWS: February 20, 2004
WEEK
IN REVIEW
You
may have missed the February 13th edition of VCN E-NEWS
due to some computer transmission problems. If you did,
a copy is posted on the VCN website - www.vcnva.org Picking
up from that edition, here are the key actions of this
past week.
NATURAL RESOURCES FUNDING: There is only one of the original
VCN supported funding bills remaining. It is HB549 (May)
that provides funding for support of the Virginia Outdoors
Foundation conservation easement program. Those bills
pertaining to creating a dedicated funding source died
in committees. Something may still occur through the budget
process - we will keep you informed.
WATER RESOURCES: The highlight of the week was the defeat
or rejection of the various 'bad' bills pertaining to
the King William Reservoir issue. SB420 (Wagner) joined
its companion bill (HB797) in being TABLED - - these are
bills that would have mandated an easement to accommodate
the project. They are now dead for the session. Likewise,
SB109 (Williams) which would have stripped VMRC of certain
powers was killed.
RAIL AUTHORITY and I-81 ITEMS: Senator Edwards bill, SB413,
which creates a Virginia Rail Transportation Authority
was modified and reported out of committee and passed
through all three readings in the Senate on the same day!
Support for SB 413 was the focus of a concerted effort
by VCN and many others. Another bill related to I-81 is
HB 905 (Wardrup). The VCN Board took a position of opposition
(see next section) and with the support of the League
of Conservation Voters and VCN member organization RAILSolution
was successful in causing a weeks delay in its consideration
by Senate Transportation - - keep you eye open for a VCN
E-Alert early next week.
2004 VCN STATEMENTS OF
POSITION [As of February 18, 2004]
With
CROSS-OVER now behind us, we updated the list of VCN Statements
of Positions and have provided it below. Each week we
update this item and post it on our website on the White
Papers and Issue page.
On Wednesday, February 18th at its Regular Meeting, the
VCN Board took positions on two additional bills. These
are HB905 and SB678 and they are included in the following.
NATURAL RESOURCES FUNDING
VCN supports an increase in funding for natural resources
as recommended in the VCN Natural Resources White Paper.
VCN supports the establishment of the Natural and Historic
Resources Fund as set forth in HB 693 (Morgan) and SB
569 (Deeds). [Both bills were left in Committee HB 693
in Appropriations Committee and SB 569 in Senate Finance.]
VCN supports authorizing the Board of Game and Inland
Fisheries to establish fees for hunting, trapping, and
motorboat registration as set forth in HB 301. [Passed
in the House, is now in the Senate.]
VCN supports allowing the Virginia Marine Resources Commission
to establish certain permit fees as set forth in HB 1024.
[Passed in the House, is now in the Senate.]
VCN supports establishing an additional recordation fee,
on deeds, of $1.00 to be used by the Virginia Outdoors
Foundation for operating costs associated with open spaces
preservation as set forth in HB 549. [HB 549 has passed
in the House, with an amendment, and is now in the Senate.]
VCN supports the position that permit holders should pay
the full costs of the natural resources permit programs
and fee amounts should be set by regulation and not capped
by statute. [HB 1350 (Orrock) and SB 365 (Watkins) which
address this subject have passed their respective chambers.
As amended these bills fall short of the VCN position
in that the permit fees would cover only about 1/3rd of
the program costs.]
VCN supports HB 1462 (Dillard) which establishes a $5
per ton municipal solid waste disposal fee to be collected
by localities in which the municipal solid waste landfills
are located. This bill directs the host localities to
retain 50 percent of the moneys collected for the abatement
of pollution caused by landfills or the improper management
of waste, groundwater monitoring and cleanup, litter control,
recycling, or for other waste-related purposes, including,
solid waste management operating fees. The other 50 percent
of all moneys collected to the Commonwealth to be deposited
into the Landfill Cleanup and Closure Fund and other designated
funds. [This bill was carried-over to 2005.]
VCN supports full funding for Virginia's Department of
Forestry through the collection of fees for services.
VCN supports increased funding for the citizens' water
quality monitoring program.
ADEQUATE PUBLIC FACIILTIES
VCN supports the establishment of enabling legislative
for adequate public facilities as recommended in the VCN
White Paper, Coordinating the Pace of Development with
the Provision of Adequate Public Facilities.
VCN supports two of the Adequate Public Facilities (VCN
Priority Area) proposals as they most closely fit with
the guidelines in the VCN White Paper on the subject.
These bills are SB 393 (Quayle) which addresses schools,
and HB 893 (Sickles) which is comprehensive in nature.
[Both bills have been carried over to 2005 and have been
referred to the Commission on Growth and Economic Development.]
LAND USE AND TRANSPORTATION
VCN opposes any effort to weaken the authority under the
Open Space Land Act or the Conservation Easement Act with
respect to the holding and duration of easements.
VCN opposes HB 883, which shortens the number of years
that a prospective holder must have offices within Virginia
in order to qualify to receive a conservation easement.
The legislation establishing this program was crafted
after much discussion and compromise and it was felt the
statute should not be subject to annual changes such as
this. [HB 883 passed in the House 72-24 and is now in
the Senate.]
VCN opposes SB678 (Hanger) which establishes a cap of
$600,000 on the aggregate amount that a taxpayer can claim.
The amended bill is retroactive, thus all transfers from
January 1, 2004 would be impacted. [The bill passed the
Senate 26-13-1 and is now in the House.]
VCN supports, in principle, the Agricultural Vitality
Program and funding for the Agricultural Vitality Program
to: provide funds to localities for the purchase of agricultural
conservation easements and to permanently retire the non-agricultural
development rights on those farms; and, to continue further
development of the FarmLink Program and to provide farm
families with assistance in transitioning their farms
and businesses to the next generation. [HB 174 (Lewis)
which would have provided funding for PDR and related
programs has been carried over to 2005. SB 445, a VCN
supported bill, which would allow for special license
plates for supporters of Virginia Agriculture has been
combined with SB 21 and is moving through the system.]
VCN supports several bills that would enhance stewardship
of our forests. These included HB 921, Logging and skid
roads to be reseeded; HB 947, Notification of commercial
timber harvesting; HB 1020, pertaining to recovery of
damages created by inappropriate timber cutting; and HB
1021, which requires notification of timbering activities
before they occur. In addition, the Board supports SJ
75, calling for a study to identify incentives for preserving
forestland. [HB 921 and HB 1021 were passed by; the others
are proceeding.]
VCN supports the reenactment of the Rail Authority Act
(SB413) with the Rail Authority to be an independent authority.
[An amended bill has passed in the Senate and is in the
House.]
VCN opposes HB 905 (Wardrup) which would remove restrictions
that currently prohibit tolls on passenger vehicles, pickups
or panel trucks, and motorcycles on I-81. A rail alternative
for relief of a substantial portion of the interstate
truck traffic is feasible but it will not be seriously
considered if HB 905 is passed. [This bill passed the
House 76-22 and is now in the Senate.]
VCN supports SB 353 (Houck) which requires that each local
government's comprehensive plan has a transportation element
that includes, among other items and as appropriate, pedestrian
and bicycle accommodations. [Passed in the Senate]
VCN opposes SB 58 which would remove authority from localities
and give it to VDOT regarding the maintenance of certain
signs. By falling under VDOT standards instead of local
regulations for non-conforming use, outdoor advertising
signs will be allowed to maintain even though they may
be in need of significant repair. [A substitute bill was
approved in the Senate. The substitute does not solve
the basic problem.]
VCN opposes SB 670 (Newman) and HB 1419 (D. Marshall).
SB 670 requires that VDOT proceed as soon as practical
to build a by-pass on US 29 around Charlottesville and
authorizes the CTB to reallocate funding to do so. HB
1419 provides for the creation of a local transportation
district within Charlottesville and Albemarle County.
Such district could be used to facilitate the construction
of a U.S. Route 29 bypass. These bills run contrary to
the decision-making processes that are in place and advance
a project that will have dire environmental consequences.
[Both passed in the chamber of origin.]
VCN opposes SB 614 (Ruff) that provides a two-year extension
for the authority granted to the Department of Conservation
and Recreation to amend a lease with the Secretary of
the Army for the purpose of providing additional recreational
facilities, not to be operated by the Department, at Occoneechee
State Park in Mecklenburg County. The original action
to allow the facilities was opposed by many conservation
organizations as a bad precedent and use of public lands.
[Passed in the Senate 26-13 and is now in the House.]
VCN opposes the special provisions of HB 287 that takes
funding from highway construction and places it in the
Smart Road Fund, placing it above all other highway construction
needs. [HB 287 was tabled.]
VCN supports HB 335 that adds, to the purposes of zoning
ordinances, the ability to consider the present availability
and future water resource availability in the regulation
and determination of the uses of land. [HB 335 was tabled.]
AIR AND WATER QUALITY
VCN supports Virginia 'Clean Smokestacks' legislative
initiatives as recommended in the VCN White Paper on this
subject. HB 1472 (Reid) has been introduced and is supported
by VCN. [HB 1472 has been carried over to 2005 at the
request of the Patron.]
VCN opposes the provisions of HB 59 that provides automatic
extensions to certificates granted by the Commission pursuant
to ' 56-580.D. The certificates pertain to the construction
and operation of electrical generating facilities. [HB
59 passed in the House and is now in the Senate.]
VCN supports the completion of efforts to develop a state
water resources plan and regulations for local and regional
water supply plans (per SB 1221, 2003 Session) that adequately
protect in-stream uses, promote conservation of water
resources, and promote watershed protection.
VCN opposes SB 109 pertaining to the approval of water
protection permits. [SB 109 failed.]
VCN opposes the actions contemplated by HB 797 and SB
420, which authorizes VMRC to convey an easement and right
to use subaqueous lands in the Mattaponi River to Newport
News thus allowing for the construction of a raw water
intake to supply the proposed King William reservoir.
[Both bills were tabled.]
VCN opposes SB 432, which allows reapplication for certain
bottomlands permits that have been denied by the VMRC.
[SB 432 was favorably reported out of committee.]
VCN opposes HB 685, which provides that the diversion
of water from non-navigable water channels is not to be
considered an impact on instream beneficial uses under
certain circumstances. The bill also addresses processing
timeframes. [HB 685 was amended to strike the objectionable
part pertaining to instream flow. The amendment removes
the VCN basis for objection.]
VCN supports the concept of a statewide stormwater management
program and the consolidation of stormwater management
programs within the Department of Conservation and Recreation.
HB1177 implements this concept. [A substitute for HB 1177
has been passed in the House and is now in the Senate.]
VCN supports changes to ' 62.1-1941.1, as set forth in
the original language of HB 496, which expands the area,
adjacent to streams, in which dumping is prohibited from
the banks to floodways or the 100-year floodplain. [HB
496 was tabled.]
VCN opposes the provisions of HB 639 that allows additional
localities to locate landfills within the existing 5-mile
upstream delineation and upon a wetland. [HB 639 was amended
to require future requests to be accompanied by an environmental
impact report.]
VCN supports the provisions of HB 728 prescribing the
tests for certifying the water-tightness of containers
and establishing a fee on waste transport by barge. [HB
728 was tabled]
OTHER MATTERS
VCN supports the provision of HB 357 that does not allow
a confidentially agreement that prohibits the Commonwealth,
agencies, and employees from discussing certain aspects
of a settlement agreement. [Passed in the House and is
now in the Senate.]
Additional Information: Keep up-to-date with VCN positions
and related bills by visiting the VCN website, www.vcnva.org
throughout the session. Go to the White Papers and Issues
Page for the latest on the status of the bills that VCN
has taken a position on.
ACTION
ALERTS
Watch for ALERTS
on the following topics: -Watch out for an alert on SB
670 (Newman) this weekend -Watch for an alert on HB 905
(Wardrup) early next week.
After VCN E-Alerts arrive in your e-mail box, they are
then posted on our website, but it may take a day for
them to get there. All the alerts have links to where
you can get more information. Please respond to the ALERTS
and help our member organizations who are following these
critical issues.
NEWS
A judge has
ruled that the James River Association does have standing
and can proceed with its lawsuit challenging Virginia's
trash-barge rules. The organization said that regulations
should be thrown out because the public was not told of
a barge-rule deal between the state and a trash-hauling
company. The Waste Management Board adopted a $1 a ton
fee for barging garbage and container restrictions. Environmentalists
wanted at least $5 a ton fee and water tight container
restrictions. The Attorney General's office had said that
James River Association did not have standing. Oral arguments
will probably be heard late summer of early fall. The
James River Association is a VCN member organization.
- - Go to the news page of our website for the full article
- look under water.
CALENDAR
***"Mixing Oil and Water: the
role of menhaden in Chesapeake Bay" at February's
Save the Bay Breakfast Saturday, February 28, 2004 at
Sandy Bottom Nature Park, Hampton 8:30 am - Coffee &
Bagels 9 to 10am - Presentation by Rob Brumbaugh, CBF's
Virginia Fisheries Scientist
Want to attend? Please R.S.V.P. RSVP to Brandy Bradley,
Chesapeake Bay Foundation at 757/622-1964 or rsvp@cbf.org
The Save the Bay Breakfast is organized by the Chesapeake
Bay Foundation (CBF) and is designed to give concerned
Hampton Roads residents a forum for discussion of local
environmental issues. The Presentation is free & open
to the public. If you come for coffee & bagels, a
donation is suggested. www.cbf.org/savethebaybreakfast
***The Oak Hill Fund is pleased to offer forty $600 scholarships
for qualifying Virginia organizations to attend the 2004
River Network River Rally to be held at Wintergreen Resort
in Nelson County, Virginia, May 21-25. For complete information
on this opportunity, please go to www.oakhillfund.org
and click on the "*Temporary Request for Proposals"
link. Thank you, Jason Halbert, The Oak Hill Fund, www.oakhillfund.org
Save the Date! May 21 - 25, 2004 Wintergreen Resort Please
plan to attend the 5th Annual River Rally and join river
lovers from across the country for four days of learning,
sharing and celebration. This year, River Network will
host the River Rally on May 21 through May 25 at the Wintergreen
Resort in the scenic Blue Ridge Mountains of Virginia.
This event is the only comprehensive national conference
for persons working to understand, restore and protect
rivers. Staff, volunteers and board members - experienced
and inexperienced - will learn about how to raise more
funds, get more people involved in their organizations,
watershed science, hands-on watershed protection skills,
and much more. Over 80 workshops and nine field trips
will help participants learn from and celebrate the successes
of watershed efforts across the country. Afterwards, May
25th will be your chance to travel to our nation's capital
for River Lobby Day. This optional day will be organized
by American Rivers, so that Rally participants can share
their perspectives on the urgent needs of our nation's
water resources with the people making decisions in Washington,
D.C. General Registration includes most meals and four
nights' lodging as well as shuttles from Charlottesville
airport. Group discounts are offered. Rally registration
is available on line in January at www.rivernetwork.org
or, to request a brochure; contact the River Network office
at (503) 241-3506. Scholarships are available, but requests
for scholarships are due in early March, so please register
soon. Rally registration questions should be directed
to riverrally@rivernetwork.org
***************************
VCN's mission is to protect the Commonwealth's air, lands,
and waters for the benefit of the people, as guaranteed
by the Virginia Constitution.
If you have an item that should be included on this list,
please send it to Ellen Shepard at ellenshepard@yahoo.com.
VCN E-NEWS will be emailed every Friday. Deadline for
submissions is Thursday.
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