Virginia 2023 Regular Session Status: Enacted

SB 959 — Chesapeake Bay; nutrient credit calculations outside the watershed.

Last action — Acts of Assembly Chapter text (CHAP0723)

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

This bill has been enacted into law. Introduced January 06, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 27, 2023.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 7 recorded votes so far — a real headwind.

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.

Bill Text

What changed in the latest version

284 added · 268 removed

Plain-language change summary

The recent changes to Bill SB 959 involve clarifying the certification process for nutrient credits in Virginia. Specifically, the new version removes a requirement for certification of nitrogen and phosphorus credits generated from certain point sources, which may simplify regulations for those sources. This adjustment matters because it could encourage more efficient nutrient management practices and potentially reduce regulations on facilities that have historically been regulated, allowing for more flexibility in nutrient credit generation.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 62.1-44.19:20, as it is currently effective and as it shall become watershed.
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 723 An Act to amend and reenact § 62.1-44.19:20, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to nutrient credit calculations outside the Chesapeake Bay watershed.
of the Code of Virginia, relating to nutrient credit calculations outside the CheRapeake Bay O [S 959] L Approved L Be it enacted by the General Assembly of Virginia:
[S 959] Approved March 27, 2023 Be it enacted by the General Assembly of Virginia:
E 1.
1.
That § 62.1-44.19:20, as it is currently effective and as it shall become effective, of the Dode of Vir§ 62.1-44.19:20.
That § 62.1-44.19:20, as it is currently effective and as it shall become effective, of the Code of Virginia is amended and reenacted as follows:
§ 62.1-44.19:20.
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.
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 Virginia Pollutant Discharge Elimination System Permit issued pursuant to § 62.1-44.19:14.
B B.
B.
5 a.
1.
Certifying credits that may be generated from effective nutrient controls or removal pracEices, 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;
Establish procedures for the certification and registration of credits, including:
a.
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;
Establishing a process and standards for wetland or stream credits to be converted to nutrient after July 1, 2005, and have not been transferred or used.
Establishing a process and standards for wetland or stream credits to be converted to nutrient credits.
Such process and standards shall only apply to wetland or stream credits that were established after July 1, 2005, and have not been transferred or used.
Establishing a timely and efficient certification process including application requirements, a reasonable application fee schedule not to exceed $10,000 per application, and review and approval prog.
Establishing a timely and efficient certification process including application requirements, a reasonable application fee schedule not to exceed $10,000 per application, and review and approval procedures;
g.
The Department shall deny, approve, or approve with conditions an application within 15 days of the Department's determination that the a land conversion project certification, the concurrent release shall be processed on the same timeline.or 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.
The Department shall deny, approve, or approve with conditions an application within 15 days of the Department's determination that the application is complete.
When the request for credit release is made concurrently with the application for a land conversion project certification, the concurrent release shall be processed on the same timeline.
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.
determination of:redit calculation procedures for proposed credit-generating practices, including the a.
2.
Baselines for credits certified under subdivision B 1 a in accordance with any applicable of 5 provisions of the Virginia Chesapeake Bay TMDL Watershed Implementation Plan or approved TMDLs;
Establish credit calculation procedures for proposed credit-generating practices, including the determination of:
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 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 of 5 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 5 D.
D.
E 1.
1.
The registry shall include all nonpoint source credits certified pursuant to this article and may include point source nitrogen and point source phosphorus credits generated from point sources covered by the general permit issued pursuant to § 62.1-44.19:14 or point source nutrient credits certiRied pursuant to this section at the option of the owner.
The registry shall include all nonpoint source credits certified pursuant to this article and may include point source nitrogen and point source phosphorus credits generated from point sources covered by the general permit issued pursuant to § 62.1-44.19:14 or point source nutrient credits certified of 5 pursuant to this section at the option of the owner.
No other credits shall be valid for compliance pur2.
No other credits shall be valid for compliance purposes.
2.
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 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 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 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.
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 Sf § 62.1-44.19:22.
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.
9 F.
F.
Nutrient credits from stormwater nonpoint nutrient credit-generating facilities in receip9 of a Nonpoint Nutrient Offset Authorization for Transfer letter from the Department prior to July 1,R2012, shall be considered certified nutrient credits and shall not be subject to further certification requirements or to the credit retirement requirement under subdivision B 8.
Nutrient credits from stormwater nonpoint nutrient credit-generating facilities in receipt of a Nonpoint Nutrient Offset Authorization for Transfer letter from the Department prior to July 1, 2012, shall be considered certified nutrient credits and shall not be subject to further certification requirements or to the credit retirement requirement under subdivision B 8.
§ 62.1-44.19:20.
(Contingent effective date) Nutrient credit certification.
Certifying credits that may be generated from effective nutrient controls or removal practices, such as water withdrawal and treatment and wastewater collection, treatment, and beneficial reuse;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.
d.
Certifying credits from multiple practices that are bundled as a package by 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 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.
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The Department shall deny, approve, of 5 or approve with conditions an application within 15 days of the Department's determination that the application is complete.
The Department shall deny, approve, or approve with conditions an application within 15 days of the Department's determination that the application is complete.
The Department shall release credits from a land conversion project after it is satisfied that the applicant has met the criteria for release in an approved nutrient reduction implementation plan.
The Department shall release credits from a land conversion project after it is of 5 satisfied that the applicant has met the criteria for release in an approved nutrient reduction implementation plan.
Establish a credit retirement requirement whereby five percent of nonpoint source credits in the of 5 Chesapeake Bay Watershed other than controls and practices under subdivision B 1 a are permanently retired at the time of certification pursuant to this section for the purposes of offsetting grEwth in unregulated nutrient loads;
Establish a credit retirement requirement whereby five percent of nonpoint source credits in the Chesapeake Bay Watershed other than controls and practices under subdivision B 1 a are permanently retired at the time of certification pursuant to this section for the purposes of offsetting growth in unregulated nutrient loads;
and N C.
and 9.
Prior to the adoption of such regulations, the The Board shall certify (i) 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 Ond treatment and wastewater collection, treatment, and beneficial reuse, on a case-by-case basis using the best available scientific and technical information and (ii) credits that are located in tributaries outside of the Chesapeake Bay watershed as defined in § 62.1-44.15:35, using an average of the nutrient reLoval rates for each practice identified in Appendix A of the Department's document "Trading Nutrient Guidance for Agricultural Landowners and Your Potential Trading Partners.";
Establish such other requirements as the Board deems necessary and appropriate.
however, in the E certification and recertification of credits under this subsection, the Department may substitute a delivery factor that is deemed by the Director to be based on the best available scientific and technical information appropriate for the tributaries located outside of the Chesapeake Bay watershed as an alternative to any delivery factor derived from the application of the Chesapeake Bay Program watershed model.
C.
Prior to the adoption of such regulations, the The Board shall certify (i) 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, on a case-by-case basis using the best available scientific and technical information and (ii) credits that are located in tributaries outside of the Chesapeake Bay watershed as defined in § 62.1-44.15:35, using an average of the nutrient removal rates for each practice identified in Appendix A of the Department's document "Trading Nutrient of 5 Reductions from Nonpoint Source Best Management Practices in the Chesapeake Bay Watershed:
Guidance for Agricultural Landowners and Your Potential Trading Partners.";
however, in the certification and recertification of credits under this subsection, the Department may substitute a delivery factor that is deemed by the Director to be based on the best available scientific and technical information appropriate for the tributaries located outside of the Chesapeake Bay watershed as an alternative to any delivery factor derived from the application of the Chesapeake Bay Program watershed model.
The Department shall establish and maintain an online Virginia Nutrient Credit Registry of credits as 1.
The Department shall establish and maintain an online Virginia Nutrient Credit Registry of credits as follows:
The registry shall include all nonpoint source credits certified pursuant to this articleSand may include point source nitrogen and point source phosphorus credits generated from point sources covered by the general permit issued pursuant to § 62.1-44.19:14 or point source nutrient credits certified pursuant to this section at the option of the owner.
1.
The registry shall include all nonpoint source credits certified pursuant to this article and may include point source nitrogen and point source phosphorus credits generated from point sources covered by the general permit issued pursuant to § 62.1-44.19:14 or point source nutrient credits certified pursuant to this section at the option of the owner.
R 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 between the own3.
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, including but not limited to (i) notification of the availability of new nutrient credits to the locality 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 the4.
3.
The registry shall be publicly accessible without charge.any, applicable to the intended use.
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 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.
The registry shall be publicly accessible without charge.
Nutrient credits from stormwater nonpoint nutrient credit-generating facilities in receipt of a Nonpoint Nutrient Offset Authorization for Transfer letter from the Department prior to July 1, 2012, shall be considered certified nutrient credits and shall not be subject to further certification requirements to the other provisions of this article, including registration, inspection, reporting, and enforcement.
Nutrient credits from stormwater nonpoint nutrient credit-generating facilities in receipt of a Nonpoint Nutrient Offset Authorization for Transfer letter from the Department prior to July 1, 2012, shall be considered certified nutrient credits and shall not be subject to further certification requirements or to the credit retirement requirement under subdivision B 8.
However, such facilities shall be subject to the other provisions of this article, including registration, inspection, reporting, and enforcement.
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Action History

  1. Acts of Assembly Chapter text (CHAP0723)

  2. Approved by Governor-Chapter 723 (effective 7/1/23)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill Communicated to Governor on March 2, 2023

  5. Signed by President

  6. Signed by Speaker

  7. Impact statement from DPB (SB959ER)

  8. Bill text as passed Senate and House (SB959ER)

  9. Enrolled

  10. VOTE: Passage (86-Y 10-N 2-A)

  11. Passed House (86-Y 10-N 2-A)

  12. Read third time

  13. Read second time

  14. Reported from Agriculture, Chesapeake and Natural Resources (18-Y 1-N)

  15. Subcommittee recommends reporting (9-Y 1-N)

  16. Assigned ACNR sub: Chesapeake

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

  18. Read first time

  19. Placed on Calendar

  20. Passed Senate (38-Y 0-N)

  21. Engrossed by Senate - committee substitute SB959S1

  22. Committee substitute agreed to 23105844D-S1

  23. Reading of substitute waived

  24. Read second time

  25. Constitutional reading dispensed (39-Y 0-N)

  26. Impact statement from DPB (SB959S1)

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

  28. Committee substitute printed 23105844D-S1

  29. Reported from Agriculture, Conservation and Natural Resources with substitite (14-Y 0-N)

  30. Senate committee, floor amendments and substitutes offered

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

  32. Prefiled and ordered printed; offered 01/11/23 23103911D

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 959?
SB 959 is sponsored by Hanger, Emmett W., Jr..
What is the current status of SB 959?
This bill has been enacted into law. Introduced January 06, 2023. Enacted.
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