Virginia 2017 Regular Session Status: Enacted

SB 898 — Combined sewer overflow outfalls; DEQ to identify owner of outfall discharging into Chesapeake Bay.

Last action — Approved by Governor-Chapter 827 (effective 7/1/17)

  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 December 22, 2016. Enacted.

Prognosis

Advancing 60% · 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.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Mixed recorded votes

    11 passed, 4 failed in 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

Directs DEQ to identify the owner of any combined sewer overflow outfall that discharges into the Chesapeake Bay Watershed and to determine what actions by the owner, if it is not under a state order, are necessary to bring such an outfall into compliance with Virginia law, the federal Clean Water Act, and the Presumption Approach described in the CSO Control Policy of the U.S. Environmental Protection Agency (EPA). The bill requires any owner of such an outfall to initiate construction activities by July 1, 2023, to bring it into compliance by July 1, 2025. Until compliance is achieved, the bill requires the outfall owner to annually report its progress to DEQ. The bill requires DEQ to provide all such reports to certain legislative committees, the Virginia delegation to the Chesapeake Bay Commission, the Secretary of Natural Resources, and the Governor. The bill does not apply to any outfall for which a higher level of control is necessary to comply with a Total Maximum Daily Load (TMDL). This bill incorporates

Bill Text

What changed in the latest version

7 added · 131 removed

Plain-language change summary

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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to direct compliance with regulations of certain combined sewer overflow outfalls;
Chesapeake Bay Watershed.
[S 898] Approved   Be it enacted by the General Assembly of Virginia:
1.
§ 1.
That the Department of Environmental Quality (DEQ) shall identify the owner or operator of any combined sewer overflow (CSO) outfall that discharges into the Chesapeake Bay Watershed.
§ 2.
For any owner or operator not under a state order or decree related to the CSO as of January 1, 2017, DEQ shall, by July 1, 2018, determine what actions by the owner or operator are necessary to bring the CSO outfall into compliance with Virginia law, the federal Clean Water Act (33 U.S.C.
§ 1251 et seq.), and the Presumption Approach described in the CSO Control Policy adopted by the U.S.
Environmental Protection Agency (EPA) at 59 F.R.
18688, unless a higher level of control is necessary to comply with a Total Maximum Daily Load (TMDL), and shall inform the owner or operator of the actions necessary.
§ 3.
Any owner of a CSO outfall that discharges into the Chesapeake Bay Watershed not under a state order or decree related to the CSO as of January 1, 2017, shall, by July 1, 2023, initiate construction activities necessary to bring the CSO outfall into compliance and shall, by July 1, 2025, bring the CSO outfall into compliance with Virginia law, the federal Clean Water Act, and the Presumption Approach described in the EPA CSO Control Policy, unless a higher level of control is necessary to comply with a TMDL.
§ 4.
Any owner of a CSO outfall that discharges into the Chesapeake Bay Watershed not under a state order or decree related to the CSO as of January 1, 2017, shall report annually to DEQ on its progress pursuant to § 3.
No later than January 1 of each year, DEQ shall transmit, with any additional information the Director of DEQ determines to be appropriate, the CSO outfall progress reports to the Chairmen of the Senate Committee on Finance, the Senate Committee on Agriculture, Conservation and Natural Resources, the House Committee on Appropriations, and the House Committee on Agriculture, Chesapeake and Natural Resources;
the Virginia delegation to the Chesapeake Bay Commission;
the Secretary of Natural Resources;
and the Governor.
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Action History

  1. Approved by Governor-Chapter 827 (effective 7/1/17)

  2. Governor's Action Deadline Midnight, May 5, 2017

  3. Communicated to Governor

  4. Requires 27 affirmative votes to pass in enrolled form

  5. Governor's recommendation received by Senate

  6. Governor's Action Deadline Midnight, March 27, 2017

  7. Enrolled Bill Communicated to Governor on 3/13/17

  8. Signed by President

  9. Signed by Speaker

  10. Enrolled

  11. Conference report agreed to by House (61-Y 34-N)

  12. Conference substitute printed 17105887D-S4

  13. Amended by conference committee

  14. Conferees appointed by House

  15. Conferees appointed by Senate

  16. House requested conference committee

  17. House insisted on substitute

  18. Passed House with substitute BLOCK VOTE (99-Y 0-N)

  19. Engrossed by House - committee substitute SB898H1

  20. Committee substitute agreed to 17105511D-H1

  21. Read third time

  22. Read second time

  23. Assigned ACNR sub: Chesapeake

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

  25. Read first time

  26. Placed on Calendar

  27. Passed by for the day

  28. Engrossed by Senate - floor substitute SB898S3

  29. Substitute by Senator Stuart agreed to 17104434D-S3

  30. Reading of substitute waived

  31. Substitute by Senator Ebbin withdrawn 17104358D-S2

  32. Committee substitute rejected 17104109D-S1

  33. Reading of substitute waived

  34. Floor substitute printed 17104434D-S3 (Stuart)

  35. Read second time

  36. Passed by for the day

  37. Passed by for the day

  38. Committee substitute agreed to 17104109D-S1

  39. Reading of substitute waived

  40. Floor substitute printed 17104358D-S2 (Ebbin)

  41. Read second time

  42. Incorporates SB818 (Surovell)

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

  44. Prefiled and ordered printed; offered 01/11/17 17100814D

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 144 not signed on · 28 voted No

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Conference report agreed to by House

Passed 61 Yea · 34 Nay
Party YeaNayPresentNot Voting
Unaffiliated 613400
Total 613400
% of votes cast 64%36%0%0%
How each member voted (95)
Member Party Vote
Albo — Yea
Farrell — Yea
Habeeb — Yea
Ingram — Yea
James — Nay
Landes — Yea
LeMunyon — Yea
Lindsey — Nay
Villanueva — Yea
Yancey — Yea
Adams — Yea
Bell, Richard P. — Yea
Jones — Yea
Miller — Yea
Cline — Yea
Collins — Yea
Greason — Yea
Helsel — Yea
Holcomb — Yea
Hugo — Yea
Lingamfelter — Yea
Loupassi — Yea
Massie — Yea
Minchew — Yea
O'Bannon — Yea
Mr. Speaker — Yea
Hester — Nay
Peace — Nay
Pogge — Yea
Stolle — Yea
Toscano — Nay
Aird, Lashrecse D. — Nay
Alfonso H. Lopez — Nay
Bell, John J. — Nay
Bell, Robert B. — Yea
Betsy B. Carr — Nay
Bourne, Jeffrey M. — Nay
Bulova, David L. — Nay
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Nay
Charniele L. Herring — Nay
Christopher T. Head — Yea
Cole, Mark L. — Yea
Cox, M. Kirkland — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Nay
Edmunds, James E., II — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Nay
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Heretick, Steve E. — Nay
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Nay
Jennifer B. Boysko — Nay
Jessica L. Anderson — Yea
Keam, Mark L. — Nay
Knight, Barry D. — Yea
Kory, Kaye — Nay
LaRock, Dave A. — Yea
Lamont Bagby — Nay
Levine, Mark H. — Nay
Luke E. Torian — Nay
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marshall, Daniel W., III — Yea
Michael J. Webert — Yea
Miyares, Jason S. — Yea
Mullin, Michael P. — Nay
Murphy, Kathleen — Nay
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Nay
Paul E. Krizek — Yea
Plum, Kenneth R. — Nay
Poindexter, Charles D. — Yea
R. Lee Ware — Nay
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Nay
Robert S. Bloxom, Jr. — Nay
Robinson, Roxann L. — Yea
Rush, Nick — Yea
Sam Rasoul — Nay
Sickles, Mark D. — Nay
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Nay
Vivian E. Watts — Nay

Official roll call →

Passed House with substitute BLOCK VOTE

Passed 99 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 99000
Total 99000
% of votes cast 100%0%0%0%
How each member voted (99)
Member Party Vote
Albo — Yea
Collins — Yea
Farrell — Yea
Habeeb — Yea
Ingram — Yea
Landes — Yea
LeMunyon — Yea
Villanueva — Yea
Adams — Yea
Bell, Richard P. — Yea
Jones — Yea
Miller — Yea
Cline — Yea
Dudenhefer — Yea
Greason — Yea
Helsel — Yea
Hester — Yea
Holcomb — Yea
Hugo — Yea
James — Yea
Lindsey — Yea
Lingamfelter — Yea
Loupassi — Yea
Minchew — Yea
Mr. Speaker — Yea
Morris — Yea
O'Bannon — Yea
Peace — Yea
Pogge — Yea
Stolle — Yea
Toscano — Yea
Yancey — Yea
Yost — Yea
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Yea
Bell, John J. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bourne, Jeffrey M. — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Cole, Mark L. — Yea
Cox, M. Kirkland — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Edmunds, James E., II — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Heretick, Steve E. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jessica L. Anderson — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Levine, Mark H. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marshall, Daniel W., III — Yea
Michael J. Webert — Yea
Miyares, Jason S. — Yea
Mullin, Michael P. — Yea
Murphy, Kathleen — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Plum, Kenneth R. — Yea
Poindexter, Charles D. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rush, Nick — Yea
Sam Rasoul — Yea
Sickles, Mark D. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Yea
Vivian E. Watts — Yea

Official roll call →

Subjects

environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 898 do?
Directs DEQ to identify the owner of any combined sewer overflow outfall that discharges into the Chesapeake Bay Watershed and to determine what actions by the owner, if it is not under a state order, are necessary to bring such an outfall into compliance with Virginia law, the federal Clean Water Act, and the Presumption Approach described in the CSO Control Policy of the U.S. Environmental Protection Agency (EPA). The bill requires any owner of such an outfall to initiate construction activities by July 1, 2023, to bring it into compliance by July 1, 2025. Until compliance is achieved, the bill requires the outfall owner to annually report its progress to DEQ. The bill requires DEQ to provide all such reports to certain legislative committees, the Virginia delegation to the Chesapeake Bay Commission, the Secretary of Natural Resources, and the Governor. The bill does not apply to any outfall for which a higher level of control is necessary to comply with a Total Maximum Daily Load (TMDL). This bill incorporates
Who sponsors SB 898?
SB 898 is sponsored by Richard H. Stuart, Paul E. Krizek, Scott A. Surovell, and Kory, Kaye.
What is the current status of SB 898?
This bill has been enacted into law. Introduced December 22, 2016. Enacted.
Where can I track SB 898?
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