Bill Text: VA SB354 | 2022 | Regular Session | Prefiled
Bill Title: James River watershed; timeline for compliance w/reg. of certain combined sewer overflow outfalls.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2022-03-08 - Left in Agriculture, Chesapeake and Natural Resources [SB354 Detail]
Download: Virginia-2022-SB354-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§2 and 4 of Chapter 634 of the Acts of Assembly are amended and reenacted as follows:
§2. Any such owner or operator of a CSO system shall:
A. By July 1, 2022, initiate construction and related activities pursuant to the interim plan required in subsection A of §1;
B. By July 1, 2025 2024, initiate construction
and related activities pursuant to the final plan required in subsection B of §
1;
C. By July 1, 2027 2026, complete construction
and related activities pursuant to the interim plan required in subsection A of
§1;
D. By July 1, 2030 2028, identify any additional
action that is applicable to the owner or operator of a CSO system and is
necessary to meet, by 2036 2030, the
requirements of the total maximum daily load (TMDL) for bacterial impairments
of the James River and its tributaries in the Richmond area, as described in
the implementation plan for such TMDL issued by the Department in 2011; and
E. By July 1, 2035 2030, complete construction
and related activities pursuant to the final plan required in subsection B of §
1.
§4 The Governor shall take into account the reports required
in §3 during the preparation of the biennial budget bill and subsequent
amendments thereto. The General Assembly may take such reports into account in
enacting the general appropriation act and may evaluate the feasibility of the
deadlines in §2 on a biennial basis beginning in 2022 and modify such
deadlines as necessary, taking into account any potential adverse effects on
(i) the owner's or operator's bond rating; (ii) the utility rates, fees, or
charges assessed by the owner or operator; (iii) any environmental justice
community, or owner's or operator's customers living below the federal poverty
level; or (iv) any other relevant aspect of the owner's or operator's
operations. No sooner than July 1, 2025 2024, and no more frequently
than every two years thereafter, the owner or operator may petition the Board
for, and the Board may grant, an extension to one or more of the deadlines in §
2 if the Board determines that (a) the General Assembly has not extended such
deadline and (b) funding sufficient to meet such deadline has not been secured
and the owner or operator has exhausted all reasonable options for securing
such funding.
