SB 187 — Nutrient credits; DEQ to accelerate release of credits generated by stream restoration project.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E526 An Act to amend and reenact § 62.1-44.19:20 of the Code of Virginia, relating to accelerated stream nutrient credit release.

R O [S 187] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:

E § 62.1-44.19:20.

DA. of point source nutrient credits except that no certification shall be required for point source nitrogen and point source phosphorus credits generated by point sources regulated under the Watershed General Virginia Pollutant Discharge Elimination System Permit issued pursuant to § 62.1-44.19:14.

The Board shallmay adopt regulations for the purpose of establishing procedures for the certification of nonpointpoint source nutrient credits.credits except that no certification shall be required for point source nitrogen and point source phosphorus credits generated by point sources regulated under the Watershed General Virginia Pollutant Discharge Elimination System Permit issued pursuant to § 62.1-44.19:14.

The Board nutrient credits.ations for the purpose of establishing procedures for the certification of nonpoint source B.

B a.

Certifying credits that may be generated from effective nutrient controls or removal prac8ices,practices, including activities associated with the types of facilities or practices historically regulated by the Board, such as water withdrawal and treatment and wastewater collection, treatment, and beneficial reuEe;yreuse; the Board, b.

b.

Under no circumstances shall such credits be used.used for both wetland or stream credit and nutrient credit purposes;

d.

and projects.h.

TheEstablishing a timeline shallfor provide that within 30 days of receipt of an application the Departmentnconsideration shall, if warranted, conduct a site visit and that within 45 days of receiptcertification ofapplications anfor applicationland theconversion Departmentprojects. shall either determine that the application is complete or request additional specific information from the applicant.

The timeline shall provide that within 30 days of receipt of an application the Department shall, if warranted, conduct a site visit and that within 45 days of receipt of an application the Department shall either determine that the application is complete or request additional specific information from the applicant.

When the request for credit release is from a previously approved land conversion project, the Department shall schedule a site visit, if warranted, within 30 days of the request and shall deny, approve, or approve with conditions the release within 15 days of the site visit or determination that a site visit is not warranted.

provisionsa. of the Virginia Chesapeake Bay TMDL Watershed Implementation Plan or approved TMDLs;

Baselines for credits certified under subdivision B 1 a in accordance with any applicable provisions of the Virginia Chesapeake Bay TMDL Watershed Implementation Plan or approved TMDLs;

Baselines established for agricultural practices, which shall be those actions necessary to achieve a of 3 level of reduction assigned in the Virginia Chesapeake Bay TMDL Watershed Implementation Plan or approved TMDLs as implemented on the tract, field, or other land area under consideration;

of 3 c.

of 3 2.

Registration of credits on the registry shall not preclude or restrict the right of the owner of such credits from transferring the credits on such commercial terms as may be established by and betEeenbetween the owner and the regulated or unregulated party acquiring the credits.

The Department shall establish procedures for the listing and tracking of credits on the registry, including but not limited to (i) notification of the availability of new nutrient credits to the locality of 3 where the credit-generating practice is implemented at least five business days prior to listing on thetythe registry to provide the locality an opportunity to acquire such credits at fair market value foOfor compliance purposes and (ii) notification that the listing of credits on the registry does not constitute a representation by the Board or the owner that the credits will satisfy the specific regulatory requirements applicable to the prospective user's intended use and that the prospective user is encouraged to contact the Board for technical assistance to identify limitations, if any, applicable to the intended use.ntactuse. 4.

4.

E E.

The owner or operator of a nonpoint source nutrient credit-generating entity that fails to comply with the provisions of this section shall be subject to the enforcement and penalty provisions of § 6F.62.1-44.19:22.

F.

However, such facilities shall be subject 2.to the other provisions of this article, including registration, inspection, reporting, and enforcement.

That2. the provisions of this act shall become effective 30 days after the Department ofnd enfSrcement.

That the provisions of this act shall become effective 30 days after the Department of Environmental Quality issues guidance regarding the implementation of this act.

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