Virginia 2023 Regular Session Status: Passed Senate

SB 1365 — Materials recovery facilities; local regulation.

Last action — Left in Counties, Cities and Towns

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

203 added · 197 removed

Plain-language change summary

The recent amendments to SB 1365 expand the scope of the bill by including more detailed definitions and clarifications regarding "advanced recycling" and the operations of "advanced recycling facilities." Initially, the bill only covered two sections of the Code of Virginia, but now it addresses additional sections, which enhances the regulatory framework around materials recovery and environmental practices. This matters because clearer definitions and regulations can improve compliance and oversight of recycling facilities, ultimately supporting more effective waste management and sustainability efforts in Virginia.

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SESSION INTRODUCED 23102425D I SENATE BILL NO.
SESSION SENATE SUBSTITUTE 23105817D SENATE BILL NO.
1365 Offered January 11, 2023 N Prefiled January 11, 2023 T A BILL to amend and reenact §§ 10.1-1400 and 15.2-931 of the Code of Virginia, relating to local regulation of materials recovery facilities.
1365 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Agriculture, Conservation and Natural Resources on January 31, 2023) (Patron Prior to Substitute––Senator Lewis) A BILL to amend and reenact §§ 10.1-1400, 15.2-931, and 15.2-933 of the Code of Virginia, relating to Be it enacted by the General Assembly of Virginia:artment of Environmental Quality.
R Patron––Lewis O –––––––––– Referred to Committee on Agriculture, Conservation and Natural Resources D –––––––––– U Be it enacted by the General Assembly of Virginia:
That §§ 10.1-1400 and 15.2-931 of the Code of Virginia are amended and reenacted as follows:C § 10.1-1400.
That §§ 10.1-1400, 15.2-931, and 15.2-933 of the Code of Virginia are amended and reenacted as follows:
§ 10.1-1400.
E As used in this chapter, unless the context requires a different meaning:
As used in this chapter, unless the context requires a different meaning:
"Advanced recycling" means a manufacturing process for the conversion of post-use polymers and lubricants, or other products through processes that include pyrolysis, gasification, depolymerization, reforming, hydrogenation, solvolysis, catalytic cracking, and similar processes.
recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, liquid fuels, waxes, lubricants, or other products through processes that include pyrolysis, gasification, depolymerization, reforming, hydrogenation, solvolysis, catalytic cracking, and similar processes.
"Advanced recycling facility" means a facility that, using advanced recycling, receives, stores, and converts post-use polymers and recovered feedstocks that it receives.
converts post-use polymers and recovered feedstocks that it receives.
An "advanced recycling faSility" shall be subject to all applicable federal and state environmental laws and regulations.
An "advanced recycling facility"d shall be subject to all applicable federal and state environmental laws and regulations.
1 "Applicant" means any and all persons seeking or holding a permit required under this chapte6.
T "Applicant" means any and all persons seeking or holding a permit required under this chapter.
5 materials to increase the rate of decomposition.tural aerobic process of decomposition of organic "Department" means the Department of Environmental Quality.
E "Composting" means the manipulation of the natural aerobic process of decomposition of organic materials to increase the rate of decomposition.
liquid transportation fuels;
liquid transportation Uuels;
"Director" means the Director of the Department of Environmental Quality.
B "Director" means the Director of the Department of Environmental Quality.
34 "Disclosure statement" means a sworn statement or affirmation, in such form as may be required by 35 the Director, which includes:
the Director, which includes:ns a sworn statement or affirmation, in such form as may be requirSd by 1.
37 2.
The full name and business address of all key personnel;
The full name and business address of any entity, other than a natural person, that collects, 38 transports, treats, stores, or disposes of solid waste or hazardous waste in which any key personnel holds 39 an equity interest of five percent or more;
T 36 2.
3.
The full name and business address of any entity, other than a natural person, that collects, 37 transports, treats, stores, or disposes of solid waste or hazardous waste in which any key personnel holds 38 an equity interest of five percent or more;
A description of the business experience of all key personnel listed in the disclosure statement;
T 39 3.
4.
A description of the business experience of all key personnel listed in the disclosure stUtement;
A listing of all permits or licenses required for the collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste issued to or held by any key personnel within the past 10 years;
disposal of solid waste or hazardous waste issued to or held by any key personnel within the past 10torage, or years;
5.
T 5.
A listing and explanation of any notices of violation, prosecutions, administrative orders (whether by consent or otherwise), license or permit suspensions or revocations, or enforcement actions of any concluded with a finding of violation or entry of a consent agreement, regarding an allegation of civil or criminal violation of any law, regulation, or requirement relating to the collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste by any key personnel, and an itemized list of all convictions within 10 years of key personnel of any of the following crimes punishable as felonies under the laws of the Commonwealth or the equivalent thereof under the laws of any other jurisdiction:
A listing and explanation of any notices of violation, prosecutions, administrative orderE (whether by consent or otherwise), license or permit suspensions or revocations, or enforcement actions of any sort by any state, federal, or local authority, within the past 10 years, that are pending or have criminal violation of any law, regulation, or requirement relating to the collection, transportation,il or treatment, storage, or disposal of solid waste or hazardous waste by any key personnel, and an itemized list of all convictions within 10 years of key personnel of any of the following crimes punishable as felonies under the laws of the Commonwealth or the equivalent thereof under the laws of any other jurisdiction:
arson;
arson;Sburglary;
burglary;
fraud in the offering, sale, or purchase of securities;
fraud in the offering, sale, or pur1hase of transfer of firearms;
alteration of motor vehicle identification numbers;
unlawful manufacture, purchase, use or transfer of firearms;
violation of the Dru6.
violation of the Drug Control Act (§ 54.1-3400 et seq.);
A listing of all agencies outside the Commonwealth that have regulatory responsibility over the applicant or have issued any environmental permit or license to the applicant within the past 10 years, in SB1365 2 of 5 connection with the applicant's collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste;
racketeering;
7.
or violation of antitrust laws;
S 6.
A listing of all agencies outside the Commonwealth that have regulatory responsibility over the applicant or have issued any environmental permit or license to the applicant within the past 10 years, in connection with the applicant's collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste;
SB1365S1 2 of 5 7.
"Materials recovery facility" means a facility that separates and prepares recycling materials to be sold to a buyer.
"Materials recovery facility" means a solid waste management facility for the collection, processing, and recovery of material such as metals from solid waste or for the production of a fuel from solid waste.
of 5 "Mixed radioactive waste" means radioactive waste that contains a substance that renders the mixture a hazardous waste.
"Materials recovery facility" does not include the production of a waste-derived fuel product.
I "Open dump" means a site on which any solid waste is placed, discharged, deposited, injectedN the environment or present a hazard to human health.sent a threat of a release of harmful substances into "Person" includes an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity.
"Mixed radioactive waste" means radioactive waste that contains a substance that renders the mixture of 5 a h"Open dump" means a site on which any solid waste is placed, discharged, deposited, injected, dumped, or spilled so as to create a nuisance or present a threat of a release of harmful substances into the environment or present a hazard to human health.
R "Post-use polymer" means a plastic polymer that:
"Person" includes an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity.
O 2.
2.
Is processed at an advanced recycling facility or held at such facility prior to processiDg.
Is processed at an advanced recycling facility or held at such facility prior to processing.
Is used or intended for use as a feedstock to manufacture crude oil, fuels, feedstocks, blendstocks, raw4.
Is used or intended for use as a feedstock to manufacture crude oil, fuels, feedstocks, blendstocks, raw materials, or other intermediate products or final products, using advanced recycling.
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Is not mixed with solid waste or hazardous waste on site or during processing at the advanced recycling facility at which it is processed.
4.
C 5.
Is not mixed with solid waste or hazardous waste on site or during processing at the advanced rec5.
Has been sorted from solid waste and other regulated waste but may contain residual amounEs of (i) solid wastes, such as organic material, and (ii) incidental contaminants or impurities, such as paper labels or metal rings.
Has been sorted from solid waste and other regulated waste but may contain residual amounts of (i) solid wastes, such as organic material, and (ii) incidental contaminants or impurities, such as paper labels or metal rings.
D "Pyrolysis" means a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed and are then cooled, condensed, and chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other valuablefuels, raw, intermediate, or final products that are returned to economic utility in the form of raw materials, products, or fuels.
S "Pyrolysis" means a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed and are then cooled, condensed, and E chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other vaNuablefuels, raw, intermediate, or final products that are returned to economic utility in the form of raw materials, products, or fuels.
"Radioactive waste" or "nuclear waste" includes:
A "Radioactive waste" or "nuclear waste" includes:
S a.
T defined in § 11(e)(2) of the Atomic Energy Act of 1954 (42 U.S.C.
Is not high-level radioactive waste, spent nuclear fuel, transuranic waste, or by-product1material as defined in § 11(e)(2) of the Atomic Energy Act of 1954 (42 U.S.C.
and 6 radioactive waste;
and by-product material as b.
orulatory Commission, consistent with existing law, classifies as low-level 5 2.
The Nuclear Regulatory Commission, consistent with existing law, classifies as low-level E radioactive waste;
or 2.
The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations;
The highly radioactive material resulting from the reprocessing of spent nuclear fuel, inSluding contains fission products in sufficient concentrations;
and b.
andd material derived from such liquid waste that b.
it can be used as feedstock in an advanced recycling facility:terials that has been processed so that 1.
B "Recovered feedstock" means one or more of the following materials that has been processed sS that it can be used as feedstock in an advanced recycling facility:
Post-use polymers.
"Recovered feedstock" does not include unprocessed municipal solid waste and is not mixed with solid waste or hazardous waste on site or during processing at an advanced recycling facility.
I "Recovered feedstock" does not include unprocessed municipal solid waste and is not mixed wiTh solid waste or hazardous waste on site or during processing at an advanced recycling facility.
"Recycling residue" means the (i) nonmetallic substances, including plastic, rubber, and insulation, from a motor vehicle, appliance, or other discarded metallic item and (ii) organic waste remaining after removal of metals, glass, plastics, and paper that are to be recycled as part of a resource recovery process for municipal solid waste resulting in the production of a refuse derived fuel.
"Recycling residue" means the (i) nonmetallic substances, including plastic, rubber, and insulation, from a motor vehicle, appliance, or other discarded metallic item and (ii) organic waste remaining after removal of metals, glass, plastics, and paper that are to be recycled as part of a resource recEvery process for municipal solid waste resulting in the production of a refuse derived fuel.
"Resource recovery" means the recovery of material or energy from solid waste.
"Resource recovery system" means a solid waste management system that provides for collection, separation, recycling, and recovery of solid wastes, including disposal of nonrecoverable waste residues.
"Resource recovery system" means a solid waste management system that provides for collection, sep"Sanitary landfill" means a disposal facility for solid waste so located, designed, and operated that it does not pose a substantial present or potential hazard to human health or the environment, including pollution of air, land, surface water, or ground water.
"Sanitary landfill" means a disposal facility for solid waste so located, designed, and operated that it does not pose a substantial present or potential hazard to human health or the environment, incSuding pollution of air, land, surface water, or ground water.
"Sludge" means any solid, semisolid, or liquid wastes with similar characteristics and effects generated from a public, municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, air pollution control facility, or any other waste-producing facility.
1 generated from a public, municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, air pollution control facility, or any other waste-producing facility.
"Solid waste" means any garbage, refuse, sludge, and other discarded material, including solid, liquid, operations, or community activities, but does not include (i) solid or dissolved material in domesticural SB1365 4 of 5 sewage;
S "Solid waste" means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, commercial, mining, and agricultural operations, or community activities, but does not include (i) solid or dissolved material in domestic sewage;
(ii) solid or dissolved material in irrigation return flows or in industrial discharges that are sources subject to a permit from the State Water Control Board;
(ii) solid or dissolved material in irrigation return flows or in industrial discharges that are SB1365S1 4 of 5 sources subject to a permit from the State Water Control Board;
or (ii) for which a Part A permit application for a new solid waste management facility permit, including local governing body certification, was submitted to the Department of Waste Management in accordance with § 10.1-1408.1 B on or before December 31, 1991;
or (ii) for which a Part A permit application for a new solid waste management facility permit, including local governing body certification, was submitted to the Department of Waste Management in accordance with § 10.1-1408.1 B on or before December 31, 1991.
or (iii) that is a materials recovery facility as defined in § 10.1-1400.
Nor shall such ordinance apply to (i) recyclable materials, which are those materials that have been source-separated by any person or materials that have been separated from garbage, trash and refuse by any person for utilization in both cases as a raw material to be of 5 manufactured into a product other than fuel or energy, (ii) construction debris to be disposed of in a violations.r (iii) waste oil.
Nor shall such ordinance apply to (i) recyclable materials, which are those materials that have been source-separated by any person or materials that have been separated from garbage, trash and refuse by any person for utilization in both cases as a raw material to be manufactured into a product other than fuel or energy, and any facility-generated waste residue from a materials recovery facility, as defined in § 10.1-1400, that has been issued a permit by the Department of 5 ordinances may provide penalties, fines and other punishment for violations.ndfill,;
Such ordinances may provide penalties, fines and other punishmentIfor Such localities are authorized to contract with any person, whether profit or nonprofit, for garbage and refuse pickup and disposal services in their respective localities and to enter into contraTts relating to waste disposal facilities which recover energy or materials from garbage, trash and refuse.
or (iii) waste oil.
Such contracts may make provision for, among other things, (i) the purchase by the localities of allRor a their present or future waste disposal requirements, (ii) the operation of such facility by the localities, (iii) the delivery by or on behalf of the contracting localities of specified quantities of garbage, trash and refuse, whether or not such counties, cities, and towns collect such garbage, trash and refuse, and the making of payments in respect of such quantities of garbage, trash and refuse, whether or not sUch garbage, trash and refuse are delivered, including payments in respect of revenues lost if garbCge, trash and refuse are not delivered, (iv) adjustments to payments made by the localities in respect of inflation, other events beyond the control of the facility operator or owners, (v) the fixing and collection of fees, rates or charges for use of the disposal facility and for any product or service resulting from operation of the facility, and (vi) such other provision as is necessary for the safe and effective construction, maintenance or operation of such facility, whether or not such provision displaces competition in any market.
Such Such localities are authorized to contract with any person, whether profit or nonprofit, for garbage and refuse pickup and disposal services in their respective localities and to enter into contracts relating to waste disposal facilities which recover energy or materials from garbage, trash and refuse.
Any such contract shall not be deemed to be a debt or gift of the localities within the meaning includes the authority to pledge the full faith and credit of such localities in violation of Article X,s Section 10 of the Constitution of Virginia.
Such contracts may make provision for, among other things, (i) (a) the purchase by the localities of all or a their present or future waste disposal requirements, (ii);
It has been and is continuing to be the policy of the Commonwealth to authorize each locality to displace or limit competition in the area of garbage, trash or refuse collection services and gSrbage, trash or refuse disposal services to provide for the health and safety of its citizens, to control di1ease, to prevent blight and other environmental degradation, to promote the generation of energy and the6 benefit of its citizens, to limit noxious odors and unsightly garbage, trash and refuse and decay and toe promote the general health and welfare by providing for adequate garbage, trash and refuse collection services and garbage, trash and refuse disposal services.
(b) the operation of such facility by thees for localities, (iii);
Accordingly, governing bodies are directed and authorized to exercise all powers regarding garbage, trash and refuse collection and garbage, trash and refuse disposal notwithstanding any anti-competitive effect.
(c) the delivery by or on behalf of the contracting localities of specified quantities of garbage, trash and refuse, whether or not such counties, cities, and towns collect such garbage, trash and refuse, and the making of payments in respect of such quantities of garbage, trash and refuse, whether or not such garbage, trash and refuse are delivered, including payments in respect of revenues lost if respect of inflation, changes in energy prices or residue disposal costs, taxes imposed upon the facility owner or operator, or other events beyond the control of the facility operator or owners, (v);
C.
(e) the fixing and collection of fees, rates or charges for use of the disposal facility and for any product or service resulting from operation of the facility,;
The following localities may by ordinance require the delivery of all or any portion of the located therein or to waste disposal facilities located outside of such localities if the localities have contracted for capacity at or service from such facilities:
and (vi) (f) such other provision as is necessary for the safe and effective construction, maintenance or operation of such facility, whether or not such provision localities within the meaning of any law, charter provision or debt limitation.
(i) Arlington County or the City of Alexandria, singly or jointly, two or all of such counties and cities;
Nothing in the Noregoing powers granted such localities includes the authority to pledge the full faith and credit of such localities in violation of Article X, Section 10 of the Constitution of Virginia.
(ii) Fairfax County, Fauquier County, Loudoun County, Prince William County, or Stafford County and any town situated within or city wholly surrounded by any of such counties, singly or jointly, two or more of such localities, that have by disposal facility;
A It has been and is continuing to be the policy of the Commonwealth to authorize each locality to displace or limit competition in the area of garbage, trash or refuse collection services and gTrbage, trash prevent blight and other environmental degradation, to promote the generation of energy and thesease, to recovery of useful resources from garbage, trash and refuse, to protect limited natural resources for the benefit of its citizens, to limit noxious odors and unsightly garbage, trash and refuse and decay and to promote the general health and welfare by providing for adequate garbage, trash and refuse collection services and garbage, trash and refuse disposal services.
Accordingly, governing bodies are dirScted and refuse disposal notwithstanding any anti-competitive effect.nd refuse collection and garbage, trash and C.
The following localities may by ordinance require the delivery of all or any portion of the garbage, trash and refuse generated or disposed of within such localities to waste disposal facilities located therein or to waste disposal facilities located outside of such localities if the localSties have contracted for capacity at or service from such facilities:
(i) Arlington County or the City of Alexandria, County, Prince William County, or Stafford County and any town situated within or city whollytyT Loudoun surrounded by any of such counties, singly or jointly, two or more of such localities, that have by resolution of the governing body committed the locality to own or operate a resource recovery wTste disposal facility;
19, singly or jointly, two or more of such localities, that by ordinance of the governing body after a minimum of two public hearings, and after complying with applicable provisions of the Public Procurement Act (Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2), have committed the locality to own, operate or contract for the operation of a resource recovery waste disposal facility.
19, singly or jointly, two or more of such localities, that by ordinance provisions of the Public Procurement Act (Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2), have committed the locality to own, operate or contract for the operation of a resource recovery waste disposaE facility.
§ 15.2-933.
Ordinances requiring delivery of garbage, trash and refuse to certain facilities;
exceptions.
Any ordinance requiring the delivery of all or any portion of the garbage, trash or refuse generated otherwise prohibiting the disposal of garbage, trash and refuse in or at any other place other than that provided for the purpose, shall not apply to garbage, trash and refuse generated, purchased or utilized by an entity engaged in the business of manufacturing, mining, processing, refining or conversion except for an entity engaged in the production of energy or refuse-derived fuels for sale to a person Sther than any entity controlling, controlled by or under the same control as the manufacturer, miner, pro1essor, that have been source-separated by any person or materials that have been separated from garbage, trashials and refuse by any person for utilization in both cases as a raw material to be manufactured into a new product other than fuel or energy, and any facility-generated waste residue from a materials recovery facility, as defined in § 10.1-1400, that has been issued a permit by the Department of Environmental Quality;
(ii) construction debris to be disposed of in a landfill;
or (iii) waste oil.
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Action History

  1. Left in Counties, Cities and Towns

  2. House committee, floor amendments and substitutes offered

  3. House subcommittee amendments and substitutes offered

  4. Subcommittee recommends reporting with substitute (5-Y 4-N)

  5. Referred to Committee on Counties, Cities and Towns

  6. Referred from Agriculture, Chesapeake and Natural Resources

  7. Subcommittee recommends reporting (4-Y 2-N)

  8. Impact statement from DHCD/CLG (SB1365)

  9. Assigned ACNR sub: Natural Resources

  10. Referred to Committee on Agriculture, Chesapeake and Natural Resources

  11. Read first time

  12. Placed on Calendar

  13. Read third time and passed Senate (30-Y 7-N 1-A)

  14. Engrossed by Senate - committee substitute SB1365S1

  15. Committee substitute agreed to 23105817D-S1

  16. Reading of substitute waived

  17. Read second time

  18. Constitutional reading dispensed (40-Y 0-N)

  19. Committee substitute printed 23105817D-S1

  20. Reported from Agriculture, Conservation and Natural Resources with substitite (11-Y 1-N 1-A)

  21. Senate committee, floor amendments and substitutes offered

  22. Referred to Committee on Agriculture, Conservation and Natural Resources

  23. Prefiled and ordered printed; offered 01/11/23 23102425D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

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"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.

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Frequently asked questions

Who sponsors SB 1365?
SB 1365 is sponsored by Lewis, Lynwood W., Jr..
What is the current status of SB 1365?
This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1365?
Track SB 1365 free on One Click Politics — get push/email alerts when it moves.

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