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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 62.1-44.19:20 of the Code of Virginia, relating to accelerated stream nutrient credit release.
VIRGINIA ACTS OF ASSEMBLY -- 2022 SESSION CHAPTER 526 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 L L Be it enacted by the General Assembly of Virginia:
[S 187] Approved April 11, 2022 Be it enacted by the General Assembly of Virginia:
E § 62.1-44.19:20.
§ 62.1-44.19:20.
D 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.
A.
The Board shall adopt regulations for the purpose of establishing procedures for the certification of nonpoint source nutrient credits.
The Board may adopt regulations for the purpose of establishing procedures for the certification 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.
B.
The Board nutrient credits.ations for the purpose of establishing procedures for the certification of nonpoint source B.
B a.
a.
Certifying credits that may be generated from effective nutrient controls or removal prac8ices, such as water withdrawal and treatment and wastewater collection, treatment, and beneficial reuEe;y the Board, b.
Certifying credits that may be generated from effective nutrient controls or removal 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 reuse;
b.
Under no circumstances shall such credits be used.
Under no circumstances shall such credits be used for both wetland or stream credit and nutrient credit purposes;
d.
and projects.
and h.
The timeline shall provide that within 30 days of receipt of an application the Departmentn 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.
Establishing a timeline for the consideration of certification applications for land conversion projects.
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.
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.
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.
provisions of the Virginia Chesapeake Bay TMDL Watershed Implementation Plan or approved TMDLs;
a.
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;
Baselines established for agricultural practices, which shall be those actions necessary to achieve a 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;
c.
of 3 c.
of 3 2.
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 betEeen the owner and the regulated or unregulated party acquiring the credits.
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 between 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, where the credit-generating practice is implemented at least five business days prior to listing on thety registry to provide the locality an opportunity to acquire such credits at fair market value foO 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 the Board for technical assistance to identify limitations, if any, applicable to the intended use.ntact 4.
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 the registry to provide the locality an opportunity to acquire such credits at fair market value for 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.
4.
E 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.
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 § 62.1-44.19:22.
F.
However, such facilities shall be subject 2.
However, such facilities shall be subject to the other provisions of this article, including registration, inspection, reporting, and enforcement.
That the provisions of this act shall become effective 30 days after the Department ofnd enfSrcement.
2.
Environmental Quality issues guidance regarding the implementation of this act.
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.
B R
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