SB 250 — Nonhazardous solid waste management facilities; increases the annual fees.

SESSION ENGROSSEDENROLLED 22103053DVIRGINIA SENATEACTS BILLOF NO.ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 10.1-1402.1 and 10.1-1402.1:1 of the Code of Virginia, relating to nonhazardous solid waste fees.

250R SenateO Amendments[S in250] [Approved ]L -L FebruaryBe 4,it 2022enacted Prefiledby Januarythe 11,General 2022Assembly A BILL to amend and reenact §§ 10.1-1402.1 and 10.1-1402.1:1 of theVirginia: Code of Virginia, relating to nonhazardous solid waste fees.

Patron Prior to Engrossment––Senator Surovell –––––––––– Referred to Committee on Agriculture, Conservation and Natural Resources E –––––––––– N Be it enacted by the General Assembly of Virginia:

That §§ 10.1-1402.1 and 10.1-1402.1:1 of the Code of Virginia are amended and reenacted as GE follows:

RD Regulations promulgated by the Board which that establish a permit fee assessment and collection system pursuant to subdivisions 15a, 15b, and 16 of § 10.1-1402.1.10.1-1402 shall be governed by the following:

Permit1. fee regulations.

Regulations promulgated by the Board which that establish a permit fee assessment and collection sys1.

No fees shall be chargeScharged for minor modifications or minor amendments to such permits.

For purposes of this subdivision, "minor permit modifications" or "minor amendments" means specific types of changes, defined by the Board, that are made to keep the permit current with routine changes to the facility or its operation DndBnd that do not require extensive review.

A minor permit modification or amendment does not substantially altera5ter permithuman conditions,health increaseor the sizeenvironment.size of the operation, or reduce the capacity of the facility totE protect human2. health or the environment.

2.When promulgating regulations establishing permit fees, the Board shall take into account the permit fees charged in neighboring states and the importance of not placing existing or prospective industries in the Commonwealth at a competitive disadvantage.

When3. promulgating regulations establishing permit fees, the Board shall take into account the permit fees charged in neighboring states and the importance of not placing existing or prospective ind3.

On January 1, 1993, and January 1 of every even-numbered year thereafter, the Board shall evaluate the implementation of the permit fee program and provide this evaluation in writing toStheto the Senate Committees on Agriculture, Conservation and Natural Resources, and Finance;

and B Appropriations and the House Committees on Appropriations, Agriculture, Chesapeake and Natural 5collected, Resources,the Appropriations,amount of general funds allocated to the Department, the Department's use of the fees and Finance.the general funds, the number of permit applications received, the number of permits issued, the progress in eliminating permit backlogs, and the timeliness of permit processing.

This4. evaluation shall include a report on the total feeE collected, the amount of general funds allocated to the Department, the Department's use of the fees and the general funds, the number of permit applications received, the number of permits issued, the 34 progress in eliminating permit backlogs, and the timeliness of permit processing.

35Fees 4.collected pursuant to subdivisions subdivision 15a, 15b, or 16 of § 10.1-1402 shall not supplant or reduce in any way the general fund appropriation to the Board.

Fees5. collected pursuant to subdivisions subdivision 15a, 15b, or 16 of § 10.1-1402 shall not sup5.

These permit fees shall be collected in order to recover a portion of the agency's costs associated 38 with (i) the processing of an application to issue, reissue, amend, or modify permits, which the Board 39 has authority to issue for the purpose of more efficiently and expeditiously processing and maintaining permits and (ii) the inspections necessary to assure the compliance of large quantity generators of hazardous waste.

Department of Labor for the pre§previous 10.1-1402.1:1.year.

§ 10.1-1402.1:1.

In addition to the permit fees assessed and collected pursuant to § 10.1-1402.1, the Board shall collect an annual fee from any person operating a sanitary landfill or other facility permitted under this chapter for the disposal, storage, or treatment of nonhazardous solid waste.

The fees shall be exempt this from statewide indirect cost charged and assessed by the Department of Accounts.

Annual fees shall be adjusted annually by the change in the United States Consumer Price Index for all items, all urban consumers (CPI-U), as annualpublished feeby shallthe beBureau assessedof asLabor follows:icsStatistics for the U.S.

The 1.annual fee shall be assessed as follows:

Sanitary landfills, noncaptive industrial landfills, and construction and demolition debris landfills SB250E 2 of 2 shall be assessed an annual fee of $0.115 the greater of $12,000 or $0.30 per ton.ton.molition debris landfills 2.

2.Incinerators and energy recovery facilities shall be assessed an annual fee of $0.055 the greater of of 2 $6,000 or $0.0647 per ton.

Incinerators and energy recovery facilities shall be assessed an annual fee of $0.055 the greater of $6,000 or $0.0647 per ton.

Small landfills (landfilling less than 100,000 tons per year$2,500year) $2,500 Large landfills (landfilling 100,000 tons or more per year) $7,500 B.

[ 3.

That any general fund moneys appropriated to the Department of Environmental Quality for operational costs and expenditures associated with the nonhazardous solid waste management program shall not be reduced until such time as the revenues collected pursuant to this act are sufficient to cover the direct costs of such program.