Enhanced Nutrient Removal Certainty Program; Fredericksburg waste water treatment facility.
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SB 355 — Enhanced Nutrient Removal Certainty Program; Fredericksburg waste water treatment facility.
Last action — Approved by Governor-Chapter 128 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 07, 2022.
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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4 sponsors
1 primary, 3 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 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
Enhanced Nutrient Removal Certainty Program; Fredericksburg wastewater treatment facility. Adds the Fredericksburg wastewater treatment facility to the list of priority projects for the Enhanced Nutrient Removal Certainty Program. The bill provides that the new nutrient technology requirements applicable to the Fredericksburg wastewater treatment facility shall take effect when the expanded facility receives its certificate to operate. This bill is identical to HB 1067.
Bill Text
What changed in the latest version
377 added · 360 removedPlain-language change summary
The amendment to Bill SB 355 introduces a clearer framework for how the state will fund grants for upgrading wastewater treatment facilities with nutrient removal technology. It specifies the process for disbursing these grants, ensuring that localities can submit their funding requests monthly. This change is significant because it provides a more streamlined and predictable funding mechanism, which is essential for improving water quality and safeguarding the environment in Virginia. By ensuring that necessary technology upgrades are financially supported, this amendment aims to enhance the efficiency of wastewater treatment and help protect local waterways.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E128 An Act to amend and reenact §§ 10.1-1186.01 and 62.1-44.19:14 of the Code of Virginia, relating to Enhanced Nutrient Removal Certainty Program;
R O [S 355] Approved LApril L7, 2022 Be it enacted by the General Assembly of Virginia:
That §§ 10.1-1186.01 and 62.1-44.19:14 of the Code of Virginia are amended and reenacted as E follows:
D§ A.10.1-1186.01.
Reimbursements to localities for upgrades to treatment works.
A.
When grant disbursements pursuant to this section reach a sum sufficient to fund the completion of the ENRC Program at all publicly owned treatment works, the House Committee on Agriculture, B Chesapeake and Natural Resources, the House Committee on Appropriations, the Senate Committee o5on Agriculture, Conservation and Natural Resources, and the Senate Committee on Finance and Appropriations shall review (i) the future funding needs to meet the purposes of the Water QualEtyQuality Improvement Act, (ii) the most recent annual needs estimate required by § 10.1-2134.1, and (iii) the appropriate funding mechanism for such needs.
Each requisition shall include written certification that the applicable local share of the cost of nutrient removal technology for that portion of the project covered by such requisition has been exceedincurred 95or percentexpended. of the total grant amount until satisfactory completion of the project.
Except as may otherwise be approved by the Department, disbursements shall not exceed 95 percent of the total grant amount until satisfactory completion of the project.
or bonds3. issued by the Virginia Public Building Authority, in consultation with the Department, pursuant to §§ 2.2-2261, 2.2-2263, and 2.2-2264, including the Commonwealth's share of the interest costs expended by the locality or regional authority for financing such project during the period from 50 percent completion of construction to final completion of construction.
In payments to be paid by the State Treasurer upon request of the Director out of proceeds from bonds issued by the Virginia Public Building Authority, in consultation with the Department, pursuant to §§ 2.2-2261, 2.2-2263, and 2.2-2264, including the Commonwealth's share of the interest costs expended by the locality or regional authority for financing such project during the period from 50 percent completion of construction to final completion of construction.
The General Assembly has the sole authority to determine whether disbursement shall be made pursuant to subdivision C 1, 2, or 3, or a combination thereof, provided that a disbursement shall be made pursuant to subdivision C 3 only upon a certification by the Department that project grant reimbursements for the fiscal year will exceed the available funds in the Water Quality Improvement FunE.Fund.
E.
The notation "WIP3-N" or "WIP3-P" indicates that a facility is subject to additional requirements for total nitrogen or total worksphosphorus, receiverespectively, aunder grant of less than 35 percent of the costsENRC ofProgram. the design and installation of nutrient removal technology.
ofIn 6no FACILITYcase NAMEshall OWNERany Shenandoahpublicly -owned Potomactreatment Riverworks Basinreceive ACSA-Fishersvillea STPgrant Augusta County Service Authority Luray STP Town of Lurayless ACSA-Middlethan River35 Regionalpercent STP Augusta County Service Authority HRRSA-North River WWTF WIP3-P Harrisonburg-Rockingham Regional Sewer Authority ACSA-Stuarts Draft STP Augusta County Service Authority Waynesboro STP City of Waynesborothe ACSA-Weyerscosts Cave STP Augusta County Service Authority Berryville STP Town of Berryvillethe Frontdesign Royaland STPinstallation Town of Frontnutrient Royalremoval Mounttechnology. Jackson STP Town of Mount Jackson New Market STP Town of New Market Shenandoah Co.-North Fork Regional WWTP Shenandoah County Stoney Creek Sanitary District STP Stoney Creek Sanitary District Strasburg STP Town of Strasburg Woodstock STP Town of Woodstock FWSA-Opequon Water Reclamation Facility Frederick-WinchesterService Authority FWSA-Parkins Mill WWTF Frederick-WinchesterService Authority Purcellville-Basham Simms WWTF Town of Purcellville LCSA-Broad Run WRF Loudoun County Service Authority Leesburg WPCF Town of Leesburg Round Hill WWTP Town of Round Hill PWCSA-H.L.
FACILITY NAME OWNER Shenandoah - Potomac River Basin of 6 ACSA-Fishersville STP Augusta County Service Authority Luray STP Town of Luray ACSA-Middle River Regional STP Augusta County Service Authority HRRSA-North River WWTF WIP3-P Harrisonburg-Rockingham Regional Sewer Authority ACSA-Stuarts Draft STP Augusta County Service Authority Waynesboro STP City of Waynesboro ACSA-Weyers Cave STP Augusta County Service Authority Berryville STP Town of Berryville Front Royal STP Town of Front Royal Mount Jackson STP Town of Mount Jackson New Market STP Town of New Market Shenandoah Co.-North Fork Regional WWTP Shenandoah County Stoney Creek Sanitary District STP Stoney Creek Sanitary District Strasburg STP Town of Strasburg Woodstock STP Town of Woodstock FWSA-Opequon Water Reclamation Facility Frederick-WinchesterService Authority FWSA-Parkins Mill WWTF Frederick-WinchesterService Authority Purcellville-Basham Simms WWTF Town of Purcellville LCSA-Broad Run WRF Loudoun County Service Authority Leesburg WPCF Town of Leesburg Round Hill WWTP Town of Round Hill PWCSA-H.L.
Noman-Cole Fairfax County Pollution Control Facility Stafford Co.-Aquia WWTP Stafford County Colonial Beach STP Town of Colonial Beach Dahlgren Sanitary District WWTP King George County Service Authority Fairview Beach STP King George County Service Authority Purkins Corner WWTP King George County Service Authority District of Columbia - Blue Plains STP (VirgLoudoun(VirginiaLoudoun County Service Authority and Fairfax County portion) contract for capacity and Fairfax County contract for capacity Rappahannock River Basin Culpeper WWTP Town of Culpeper Marshall WWTP Town of Marshall Mountain Run WWTP Culpeper County Orange STP Town of Orange Rapidan STP Rapidan Service Authority FCW&SA-Remmington WWTP Fauquier County Water and Sewer Authority Warrenton STP Town of Warrenton Wilderness Shores WWTP Rapidan Service Authority Spotsylvania Co.-FMC WWTF Spotsylvania County Fredericksburg WWTF WIP3-N, WIP3-P City of Fredericksburg Stafford Co.-Little Falls Run WWTF Stafford County Spotsylvania Co.-Massaponax WWTF WIP3-N, Spotsylvania County WIP3-P Montross-Westmoreland WWTP Westmoreland County Oakland Park STP King George County Service Authority Tappahannock WWTP Town of Tappahannock Urbanna WWTP Hampton Roads Sanitation District Warsaw STP Town of Warsaw Reedville Sanitary District WWTP Reedville Sanitary District60 Kilmarnock WWTP Town of Kilmarnock York River Basin Caroline Co.
Regional STP Caroline County Gordonsville STP Rapidan Service Authority Ashland WWTP Hanover County Doswell WWTP Hanover County HRSD-York River STP WIP3-N Hampton Roads Sanitation District Parham Landing WWTP New Kent County Totopotomoy WWTP Hanover County ofHRSD-West 6Point STP Hampton Roads Sanitation District HRSD-Mathews Courthouse STP Hampton Roads Sanitation District Spotsylvania Co.-Thornburg STP WIP3-N, Spotsylvania County E WIP3-P N James River Basin of 6 Buena Vista STP City of Buena Vista R Covington STP City of Covington Lexington-Rockbridge Regional WQCF Maury Service Authority O Alleghany Co.-Low Moor STP Alleghany County LAlleghany Amherst-RutledgeCo.-Lower CreekJackson River WWTP RiverAlleghany County Amherst-Rutledge Creek WWTP Town of AmherstyAmherst Lynchburg STP City of Lynchburg L RWSA-Moores Creek Regional STP Rivanna Water and Sewer Authority E Crewe WWTP Town of Crewe Farmville WWTP Town of Farmville D Chesterfield Co.-Falling Creek WWTP Chesterfield County Henrico Co.
WWTP Henrico County Hopewell Regional WWTF City of Hopewell RichmondChesterfield WWTPCo.-ProctorsCo.-Proctors Creek WWTP Chesterfield County Richmond WWTP City of RichmondntyRichmond South Central Wastewater Authority WWTF South Central Wastewater Authority WIP3-N, WIP3-P HRSD-Boat Harbor STP WIP3-N, WIP3-P Hampton Roads Sanitation District S HRSD-Williamsburg STP WIP3-N, WIP3-P Hampton Roads Sanitation District 3 HRSD-Nansemond STP WIP3-N, WIP3-P Hampton Roads Sanitation District 5 HRSD-Army Base STP WIP3-N, WIP3-P Hampton Roads Sanitation District EHRSD-Virginia WIP3-Pirginia Initiative Plant STP WIP3-HamptonWIP3-N, Hampton Roads Sanitation District RWIP3-P HRSD-Chesapeake/ElizabethSTP WIP3-N, Hampton Roads Sanitation District WIP3-P Eastern Shore Basin Cape Charles WWTP Town of Cape Charles Onancock WWTP Town of Onancock Tangier Island WWTP Town of Tangier G.
Notwithstanding the provisions of subsection B of § 10.1-2131, the Director shall not be required to enter into a grant agreement with a facility designated as a significant discharger or eligible nonsignificant discharger if the Director determines that the use of nutrient credits in accordance with the Chesapeake Bay Watershed Nutrient Credit Exchange Program (§ 62.1-44.19:12 et seq.) would bencebe with significantly more cost-effective than the installation of nutrient controls for the facility in question.
Waste load allocations for total nitrogen and total phosphorus for each permitted facility expressed as annual mass loads, including reduced waste load allocations where applicable under the ENRC of 6 Program.
A schedule requiring compliance with the combined waste load allocations for each tributary as soon as possible taking into account (i) opportunities to minimize costs to the public or facility owners of 6 by phasing in the implementation of multiple projects;
of 6 2.
dischargea. of nutrients, and become unlikely to resume such discharges in the foreseeable future;
Changed the use of the facility in such a way as to make discharges unnecessary, ceased the discharge of nutrients, and become unlikely to resume such discharges in the foreseeable future;
O a.
Significant changes in land use resulting from adopted changes to zoning ordinances or L comprehensive plans within a service area;
Significant establishment of conservation easements or other perpetual instruments that are of 6 associated with a deed and that restrict growth or development;
E d.
B The Board shall not reduce allocations based solely on voluntary improvements in nutrient re3ovalremoval technology.
5 E.
The Board shall maintain and make available to the public a current listing, by tributaryRtributary, of all permittees and permitted facilities under the general permit, together with each permitted facility's total nitrogen and total phosphorus waste load allocations, and total nitrogen and total phosphorus delivery factors.
and total phosphorus waste load allocations, and total nitrogen and total phosphorus delivery F.
PROJECT NAME DESCRIPTION (COMPLIANCE SCHEDULE) HRSD-Chesapeake/ElizabethSTP Consolidate into regional system and close treatment facility (1/1/2023) HRSD-Boat Harbor WWTP Convey by subaqueous crossing to Nansemond River WWTP for nutrient removal (1/1/2026) HRSD-Nansemond River WWTP Upgrade and expand with nutrient removal technology of 4.0 mg/L total nitrogen (1/1/2026) and 0.30 mg/L total phosphorus (1/1/2032)/L(1/1/2032) total HRSD-Nassawadox WWTP Convey to regional system for nutrient removal (1/1/2026) Fredericksburg WWTF Expand with nutrient removal technology of 3.0 mg/L total nitrogen and 0.22 mg/L total phosphorus (1/1/2026) Spotsylvania Co.-FMC WWTF Convey to Massaponax WWTF and close treatment facility (1/1/2026) Spotsylvania Co.-Massaponax WWTFExpandWWTF Expand with nutrient removal technology of 4.0 mg/L total nitrogen and (1/1/2026)total0.30 mg/L total phosphorus to consolidate and close FMC WWTF (1/1/2026) Spotsylvania Co.-Thornburg STP Upgrade with nutrient removal technology of 4.0 mg/L total nitrogen and 0.30 mg/L total phosphorus (1/1/2026) HRRSA-North River WWTP Phosphorus removal tertiary filtration upgrade (1/1/2026) South Central Wastewater AuthoriUpgradeAuthority Upgrade with nutrient removal technology of 4.0 mg/L total nitrogen and WWTF 0.30 mg/L total phosphorus (1/1/2026) HRSD-Williamsburg WWTP Upgrade with nutrient removal technology of 4.0 mg/L total nitrogen (1/1/2026) and 0.30 mg/L total phosphorus (1/1/2032) HRSD-VIP WWTP Upgrade with nutrient removal technology of 4.0 mg/L total nitrogen (1/1/2026) and 0.30 mg/L total phosphorus (1/1/2032) HRSD-James River WWTP Upgrade with nutrient removal technology of 4.0 mg/L total nitrogen (1/1/2026) and 0.30 mg/L total phosphorus (1/1/2028) HRSD-Army Base WWTP Convey to VIP WWTP for nutrient removal (1/1/2032) or upgrade with nutrient removal technology of 4.0 mg/L total nitrogen (1/1/2026) and 0.30 mg/L total phosphorus (1/1/2032) of 6 Each priority project and the associated schedule of compliance shall be incorporated into the applicable Virginia Pollutant Discharge Elimination System permit or registration list.
of 6 3.
FACILITY NAME TOTAL NITROGEN WASTELOAD ALLOCATION (lbs/year) HRSD-Army Base WWTP 219,307 HRSD-Boat Harbor STP 304,593 HRSD-James River STP 243,674 HRSD-VIP WWTP 487,348 HRSD-Nansemond STP 365,511 HRSD-Williamsburg STP 274,133 Reduce total phosphorus waste load allocations for HRSD treatment works in the James River basin to the following allocations effective January 1, 2026:
FACILITY NAME TOTAL PHOSPHORUS WASTELOAD ALLOCATION (lbs/year) HRSD-Army Base WWTP 27,413 HRSD-Boat Harbor STP 38,074 HRSD-James River STP 30,459 HRSD-VIP WWTP 60,919 HRSD-Nansemond STP 45,689 HRSD-Williamsburg STP 34,267 Reduce total phosphorus waste load allocations for HRSD treatment works in the James River basin to the following allocations effective January 1, 2030:
FACILITY NAME TOTAL PHOSPHORUS WASTELOAD ALLOCATION (lbs/year) HRSD-Army Base WWTP 21,931 HRSD-Boat Harbor STP 30,459 HRSD-James River STP 24,367 HRSD-VIP WWTP 48,735 HRSD-Nansemond STP 36,551 HRSD-Williamsburg STP 27,413 Reduce total phosphorus waste load allocations for HRSD treatment works in the James River basin to the following allocations effective January 1, 2032:
FACILITY NAME TOTAL PHOSPHORUS WASTELOAD ALLOCATION (lbs/year) HRSD-Army Base WWTP 16,448 HRSD-Boat Harbor STP 22,844 HRSD-VIPHRSD-James WWTPverRiver STP 18,276 HRSD-VIP WWTP 36,551 HRSD-Nansemond STP 27,413 HRSD-Williamsburg STP 20,560 Transfer the total nitrogen (454,596 lbs/year) and total phosphorus (41,450 lbs/year) waste load allocations for the HRSD-Chesapeake/Elizabeth STP to the Nutrient Offset Fund effective January 1, 2026.
View plain text versions (4)
- CHAP0128 View text Current pdf April 07, 2022
- SB355ER View text pdf March 02, 2022
- Engrossed Printed as engrossed 22101162D-E pdf February 03, 2022
- SB355 View text pdf January 11, 2022
Action History
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Approved by Governor-Chapter 128 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 11, 2022
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Signed by President
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Impact statement from DPB (SB355ER)
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Signed by Speaker
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Enrolled
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VOTE: Block Vote Passage (99-Y 0-N)
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Passed House BLOCK VOTE (99-Y 0-N)
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Read third time
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Read second time
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Reported from Agriculture, Chesapeake and Natural Resources (22-Y 0-N)
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Referred to Committee on Agriculture, Chesapeake and Natural Resources
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB355E)
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Read third time and passed Senate (39-Y 0-N)
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Printed as engrossed 22101162D-E
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Engrossed by Senate as amended SB355E
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Committee amendments agreed to
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Reading of amendments waived
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Read second time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Finance and Appropriations (16-Y 0-N)
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Impact statement from DPB (SB355)
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Rereferred to Finance and Appropriations
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Reported from Agriculture, Conservation and Natural Resources with amendment (15-Y 0-N)
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Introduced bill reprinted 22101162D
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Referred to Committee on Agriculture, Conservation and Natural Resources
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Prefiled and ordered printed; offered 01/12/22 22101162D
Sponsors
- Richard H. Stuart · Primary
- Tara A. Durant · Cosponsor
- Phillip A. Scott · Cosponsor
- Siobhan S. Dunnavant · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 144 not signed on
Sponsors (1)
Co-sponsors (3)
Not signed on (144)
144 members have not signed on to this bill.
Show all 144 →"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 | 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 | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Alfonso H. Lopez | — | Yea |
| Angelia Williams Graves | — | Yea |
| Bulova, David L. | — | Yea |
| Chris S. Runion | — | Yea |
| Dan I. Helmer | — | Yea |
| Edmunds, James E., II | — | Yea |
| Fariss, C. Matthew | — | Yea |
| Filler-Corn, Eileen | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael J. Webert | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Plum, Kenneth R. | — | Yea |
| R. Lee Ware | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Rodney T. Willett | — | Yea |
| Shelly A. Simonds | — | Yea |
| Thomas C. Wright, Jr. | — | Yea |
| Tony O. Wilt | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
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 | 16 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Barbara A. Favola | — | Yea |
| David R. Suetterlein | — | Yea |
| 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 |
| T. Travis Hackworth | — | Yea |
| William M. Stanley, Jr. | — | Yea |
Subjects
Frequently asked questions
- What does SB 355 do?
- Enhanced Nutrient Removal Certainty Program; Fredericksburg wastewater treatment facility. Adds the Fredericksburg wastewater treatment facility to the list of priority projects for the Enhanced Nutrient Removal Certainty Program. The bill provides that the new nutrient technology requirements applicable to the Fredericksburg wastewater treatment facility shall take effect when the expanded facility receives its certificate to operate. This bill is identical to HB 1067.
- Who sponsors SB 355?
- SB 355 is sponsored by Richard H. Stuart, Tara A. Durant, Phillip A. Scott, and Dunnavant, Siobhan S..
- What is the current status of SB 355?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track SB 355?
- Track SB 355 free on One Click Politics — get push/email alerts when it moves.
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