HB 443 — Coal combustion residuals impoundment; closures in Giles and Russell Counties.
Last action — Approved by Governor-Chapter 563 (effective 7/1/20)
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 03, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 9 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Coal combustion residuals impoundment; Giles and Russell Counties; closure. Requires the owner or operator of any coal combustion residuals (CCR) unit, defined in the bill to include a coal ash pond or landfill, at the Glen Lyn Plant and the Clinch River Plant in Giles and Russell Counties, respectively, to close such CCR unit under certain circumstances by removing all of the CCR for (i) recycling, known as encapsulated beneficial use, or (ii) deposition in a permitted and lined landfill that meets certain federal standards. The measure requires that any owner or operator beneficially reuse such removed CCR if doing so is anticipated to reduce costs. Such a closure project shall be completed within 15 years of the start of excavation and shall be accompanied by an offer by the owner or operator to provide connection to a municipal water supply for every residence within one-half mile or, if such connection is not feasible, to provide water testing for any such residence.The bill provides that if the owner or operator moves the CCR off-site, it shall develop a transportation plan in consultation with any county, city, or town in which the CCR units are located and any county, city, or town within two miles of the CCR units for any truck transportation that minimizes the effects on adjacent property owners and surrounding communities. The bill requires the owner or operator of a CCR unit to accept and review on an ongoing basis sufficiently detailed proposals to beneficially reuse any CCR that are not already subject to a removal contract. The bill requires that any entity conducting the closure (a) identify options for utilizing local workers, (b) consult with the Commonwealth's Chief Workforce Development Officer on opportunities to advance the Commonwealth's workforce goals, and (c) give priority to the hiring of local workers.The bill requires the CCR unit owner or operator to submit two biennial reports beginning October 1, 2023, and continuing until closure of all of its CCR units is complete. One report describes closure plans, progress, a detailed accounting of the amounts of CCR that have been beneficially reused and the amount of CCR that have been landfilled, the utilization of transportation options, water monitoring results, and other aspects of the closure process; the other report contains the beneficial reuse proposals that the owner or operator has received and its analysis of such proposals.The measure provides that all costs associated with closure of a CCR unit shall be recoverable through a rate adjustment clause authorized by the State Corporation Commission (the Commission), provided that (1) when determining the reasonableness of such costs, the Commission shall not consider closure in place of the CCR unit as an option and (2) the annual revenue requirement recoverable through a rate adjustment clause shall not exceed $40 million on a Virginia jurisdictional basis for the Commonwealth in any 12-month period, provided that any under-recovery amount of revenue requirements incurred in excess of $40 million in a given 12-month period shall be deferred and recovered through the rate adjustment clause over up to three succeeding 12-month periods. The bill provides that costs may begin accruing on July 1, 2020, but no approved rate adjustment clause charges shall be included in customer bills until July 1, 2022; any such costs shall be allocated to all customers of the utility in the Commonwealth as a non-bypassable charge, irrespective of the generation supplier of any such customer; and any such costs that are allocated to the utility's system customers outside of the Commonwealth that are not actually recovered from such customers shall be included for cost recovery from jurisdictional customers in the Commonwealth through the rate adjustment clause. The measure prohibits cost recovery for any fines or civil penalties resulting from violations of federal or state law.
Bill Text
What changed in the latest version
1 added · 1 removedPlain-language change summary
In the latest version of Bill HB 443, a new line has been added, while another line has been removed. The addition likely introduces a new requirement or regulation, while the removal could mean that an older provision is no longer necessary or relevant. These changes matter because they can impact how the bill functions and what it aims to achieve, potentially affecting the people it is designed to help or regulate.
74.220.50.21674.220.50.48
View plain text versions (4)
- Acts of Assembly Chapter text (CHAP0563) View text Current html March 31, 2020
- Bill text as passed House and Senate (HB443ER) View text html March 06, 2020
- Committee Substitute Engrossed by House - committee substitute HB443H1 html February 05, 2020
- Impact statement from DPB (HB443) View text html January 03, 2020
Action History
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Approved by Governor-Chapter 563 (effective 7/1/20)
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill communicated to Governor on March 12, 2020
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Signed by President
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Signed by Speaker
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Impact statement from DPB (HB443ER)
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Enrolled
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VOTE: Adoption (96-Y 1-N)
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Senate amendments agreed to by House (96-Y 1-N)
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Placed on Calendar
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Passed Senate with amendments (39-Y 1-N)
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Engrossed by Senate as amended
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Read third time
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Passed by for the day
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Reconsideration of Senate passage agreed to by Senate (37-Y 0-N)
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Passed Senate with amendments (34-Y 3-N)
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Engrossed by Senate as amended
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Committee amendments agreed to
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Reading of amendments waived
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Read third time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Agriculture, Conservation and Natural Resources with amendments (14-Y 1-N)
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Referred to Committee on Agriculture, Conservation and Natural Resources
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Constitutional reading dispensed
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Impact statement from DPB (HB443H1)
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VOTE: Block Vote Passage (99-Y 0-N)
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Read third time and passed House BLOCK VOTE (99-Y 0-N)
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Engrossed by House - committee substitute HB443H1
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Committee substitute agreed to 20107719D-H1
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Read second time
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Read first time
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Committee substitute printed 20107719D-H1
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Reported from Agriculture, Chesapeake and Natural Resources with substitute (21-Y 0-N)
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Subcommittee recommends reporting with substitute (8-Y 0-N)
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House subcommittee amendments and substitutes offered
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Impact statement from DPB (HB443)
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Assigned ACNR sub: Natural Resources
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Referred to Committee on Agriculture, Chesapeake and Natural Resources
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Prefiled and ordered printed; offered 01/08/20 20102744D
Sponsors
- Jennifer Carroll Foy · Primary
- Chris L. Hurst · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on · 4 voted No
Sponsors (1)
- Jennifer Carroll Foy
Co-sponsors (1)
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 95 | 1 | 0 | 3 |
| Total | 95 | 1 | 0 | 3 |
| % of votes cast | 96% | 1% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 1 | 0 | 0 |
| Total | 39 | 1 | 0 | 0 |
| % of votes cast | 98% | 3% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 34 | 3 | 0 | 3 |
| Total | 34 | 3 | 0 | 3 |
| % of votes cast | 85% | 8% | 0% | 8% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 3 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 1 | 0 | 0 |
| Total | 14 | 1 | 0 | 0 |
| % of votes cast | 93% | 7% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Morrissey, Joseph D. | — | Yea |
| McClellan, Jennifer L. | — | Yea |
| Barbara A. Favola | — | Yea |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Richard H. Stuart | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Edmunds, James E., II | — | Yea |
| Hudson, Sally L. | — | Yea |
| Joshua G. Cole | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Keam, Mark L. | — | Yea |
| Michael J. Webert | — | Yea |
| Plum, Kenneth R. | — | Not Voting |
| R. Lee Ware | — | Yea |
| Rodney T. Willett | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 1 |
| Total | 21 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Alfonso H. Lopez | — | Yea |
| Bulova, David L. | — | Yea |
| Dan I. Helmer | — | Yea |
| Edmunds, James E., II | — | Yea |
| Gilbert, C. Todd | — | Not Voting |
| Gooditis, Wendy W. | — | Yea |
| Guy, Nancy D. | — | Yea |
| Hudson, Sally L. | — | Yea |
| Joshua G. Cole | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Keam, Mark L. | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael J. Webert | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Poindexter, Charles D. | — | Yea |
| R. Lee Ware | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Rodney T. Willett | — | Yea |
| Shelly A. Simonds | — | Yea |
| Tony O. Wilt | — | Yea |
| Tyler, Roslyn C. | — | Yea |
Subjects
Frequently asked questions
- What does HB 443 do?
- Coal combustion residuals impoundment; Giles and Russell Counties; closure. Requires the owner or operator of any coal combustion residuals (CCR) unit, defined in the bill to include a coal ash pond or landfill, at the Glen Lyn Plant and the Clinch River Plant in Giles and Russell Counties, respectively, to close such CCR unit under certain circumstances by removing all of the CCR for (i) recycling, known as encapsulated beneficial use, or (ii) deposition in a permitted and lined landfill that meets certain federal standards. The measure requires that any owner or operator beneficially reuse such removed CCR if doing so is anticipated to reduce costs. Such a closure project shall be completed within 15 years of the start of excavation and shall be accompanied by an offer by the owner or operator to provide connection to a municipal water supply for every residence within one-half mile or, if such connection is not feasible, to provide water testing for any such residence.The bill provides that if the owner or operator moves the CCR off-site, it shall develop a transportation plan in consultation with any county, city, or town in which the CCR units are located and any county, city, or town within two miles of the CCR units for any truck transportation that minimizes the effects on adjacent property owners and surrounding communities. The bill requires the owner or operator of a CCR unit to accept and review on an ongoing basis sufficiently detailed proposals to beneficially reuse any CCR that are not already subject to a removal contract. The bill requires that any entity conducting the closure (a) identify options for utilizing local workers, (b) consult with the Commonwealth's Chief Workforce Development Officer on opportunities to advance the Commonwealth's workforce goals, and (c) give priority to the hiring of local workers.The bill requires the CCR unit owner or operator to submit two biennial reports beginning October 1, 2023, and continuing until closure of all of its CCR units is complete. One report describes closure plans, progress, a detailed accounting of the amounts of CCR that have been beneficially reused and the amount of CCR that have been landfilled, the utilization of transportation options, water monitoring results, and other aspects of the closure process; the other report contains the beneficial reuse proposals that the owner or operator has received and its analysis of such proposals.The measure provides that all costs associated with closure of a CCR unit shall be recoverable through a rate adjustment clause authorized by the State Corporation Commission (the Commission), provided that (1) when determining the reasonableness of such costs, the Commission shall not consider closure in place of the CCR unit as an option and (2) the annual revenue requirement recoverable through a rate adjustment clause shall not exceed $40 million on a Virginia jurisdictional basis for the Commonwealth in any 12-month period, provided that any under-recovery amount of revenue requirements incurred in excess of $40 million in a given 12-month period shall be deferred and recovered through the rate adjustment clause over up to three succeeding 12-month periods. The bill provides that costs may begin accruing on July 1, 2020, but no approved rate adjustment clause charges shall be included in customer bills until July 1, 2022; any such costs shall be allocated to all customers of the utility in the Commonwealth as a non-bypassable charge, irrespective of the generation supplier of any such customer; and any such costs that are allocated to the utility's system customers outside of the Commonwealth that are not actually recovered from such customers shall be included for cost recovery from jurisdictional customers in the Commonwealth through the rate adjustment clause. The measure prohibits cost recovery for any fines or civil penalties resulting from violations of federal or state law.
- Who sponsors HB 443?
- HB 443 is sponsored by Jennifer Carroll Foy and Hurst, Chris L..
- What is the current status of HB 443?
- This bill has been enacted into law. Introduced January 03, 2020. Enacted.
- Where can I track HB 443?
- Track HB 443 free on One Click Politics — get push/email alerts when it moves.
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