Bill Text: VA HB393 | 2022 | Regular Session | Prefiled
Bill Title: Water quality; consideration of economic or social development.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-02-15 - Left in Agriculture, Chesapeake and Natural Resources [HB393 Detail]
Download: Virginia-2022-HB393-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §62.1-44.4 of the Code of Virginia is amended and reenacted as follows:
§62.1-44.4. Control by Commonwealth as to water quality.
(1) A. No right to continue
existing quality degradation in any state water shall exist nor shall such
right be or be deemed to have been acquired by virtue of past or future
discharge of sewage, industrial wastes or other wastes or other action by any
owner. The right and control of the Commonwealth in and over all state waters
is hereby expressly reserved and reaffirmed.
(2) B. Waters whose existing
quality is better than the established standards as of the date on which such
standards become effective will be maintained at high quality;,
provided that the Board has the power to authorize any project or development,
which would constitute a new or an increased discharge of effluent to high
quality water, when it has been affirmatively demonstrated that a change is
justifiable to provide necessary economic or social development;,
and provided, further, that the necessary degree of waste treatment to maintain
high water quality will be required where physically and economically feasible. The consideration of necessary
economic or social development shall
include an analysis of the impact of the
change on
residents who and
communities that have historically been economically
or socially disadvantaged
and whether these residents or communities could be
subject to disparate impacts because of these factors.
Present and anticipated use of such waters will be preserved and protected.