Virginia 2018 Regular Session Status: Enacted

SB 699 — Stormwater management; inspections of natural gas pipelines, stop work instructions.

Last action — Signed by President

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  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 10, 2018. Enacted.

Prognosis

Likely to advance 76% · 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.

  • Cleared a recorded vote

    Passed 10 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

Authorizes the Department of Environmental Quality (the Department) to conduct inspections of the land-disturbing activities of interstate and intrastate natural gas pipeline companies that have approved annual standards and specifications as such land-disturbing activities relate to construction of any natural gas transmission pipeline greater than 36 inches inside diameter to determine (i) compliance with such annual standards and specifications, (ii) compliance with any site-specific plans, and (iii) if there have been or are likely to be adverse impacts to water quality as a result of such land-disturbing activities. The bill authorizes the Department to issue a stop work instruction on the relevant part of the site when the Department determines that there has been a substantial adverse impact to water quality or that a substantial and imminent adverse impact to water quality is likely to occur as a result of such land-disturbing activities. The bill requires that upon written documentation of completion by the company and approval by the Department in writing of the corrective measures specified in the stop work instruction, the instruction shall be immediately lifted. Such stop work instruction may be appealed to the circuit court of the jurisdiction where the violation was alleged to have occurred or other appropriate court.

Bill Text

What changed in the latest version

27 added · 31 removed

Plain-language change summary

The amended version of SB 699 includes specific provisions that require companies to halt construction of natural gas transmission pipelines if their activities are found to significantly harm water quality. It also establishes a process for companies to contest and appeal stop work instructions, allowing for a review within 48 hours and a fact-finding meeting with the Department. This change is important because it strengthens regulations to protect water quality by ensuring prompt action is taken when environmental impacts occur, while still giving companies a chance to address concerns effectively.

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SESSION history | hilite | pdf | print version 18106078D SENATE BILL NO.
SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend the Code of Virginia by adding a section numbered 62.1-44.15:37.1, relating to stormwater management;
699 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Agriculture, Conservation and Natural Resources) (Patron Prior to Substitute--Senator Deeds) Senate Amendments in [ ] -- February 6, 2018 A BILL to amend the Code of Virginia by adding a section numbered 62.1-44.15:37.1, relating to stormwater management;
Be it enacted by the General Assembly of Virginia:
[S 699] Approved   Be it enacted by the General Assembly of Virginia:
The Department is authorized to conduct inspections of the land-disturbing activities of interstate and intrastate natural gas pipeline companies that have approved annual standards and specifications pursuant to § 62.1-44.15:31 as such land-disturbing activities relate to construction of any natural gas transmission pipeline greater than 36 inches in diameter to determine (i) compliance with such annual standards and specifications, (ii) compliance with any site-specific plans, and (iii) if there have been or are likely to be adverse impacts to water quality as a result of such land-disturbing activities.
The Department is authorized to conduct inspections of the land-disturbing activities of interstate and intrastate natural gas pipeline companies that have approved annual standards and specifications pursuant to § 62.1-44.15:31 as such land-disturbing activities relate to construction of any natural gas transmission pipeline greater than 36 inches inside diameter to determine (i) compliance with such annual standards and specifications, (ii) compliance with any site-specific plans, and (iii) if there have been or are likely to be adverse impacts to water quality as a result of such land-disturbing activities.
When the Department determines that there has been a substantial adverse impact to water quality or that an imminent and substantial adverse impact to water quality is likely to occur as a result of such land-disturbing activities, the Department may issue a stop work instruction, without advance notice or hearing, requiring that all or part of such land-disturbing activities on the  [ part of the  ] site  [ that caused the substantial adverse impacts to water quality or are likely to cause imminent and substantial adverse impacts to water quality  ] be stopped until corrective measures specified in the stop work instruction have been completed and approved by the Department.
When the Department determines that there has been a substantial adverse impact to water quality or that an imminent and substantial adverse impact to water quality is likely to occur as a result of such land-disturbing activities, the Department may issue a stop work instruction, without advance notice or hearing, requiring that all or part of such land-disturbing activities on the part of the site that caused the substantial adverse impacts to water quality or are likely to cause imminent and substantial adverse impacts to water quality be stopped until corrective measures specified in the stop work instruction have been completed and approved by the Department.
Upon request by the company, the Director or his designee shall review such stop work instruction within 48 hours of issuance.
Within 10 business days of issuance of a stop work instruction, the Department shall promptly provide to such company an opportunity for an informal fact-finding proceeding.
Within 10 business days of issuance of a stop work instruction, the Department shall promptly provide to such company an opportunity for an informal fact-finding proceeding concerning the stop work instruction and any review by the Director or his designee.
The company may appeal such stop work instruction to the circuit court of the jurisdiction wherein the land-disturbing activities subject to the stop work instruction occurred, or to another appropriate court, in accordance with the requirements of the Administrative Process Act (§ 2.2-4000 et seq.).
The company may appeal such stop work instruction or preliminary decision rendered by the Director or his designee to the circuit court of the jurisdiction wherein the land-disturbing activities subject to the stop work instruction occurred, or to another appropriate court, in accordance with the requirements of the Administrative Process Act (§ 2.2-4000 et seq.).
 [ 2.
That an emergency exists and this act is in force from its passage.
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Action History

  1. Signed by President

  2. Governor's Action Deadline Midnight, April 9, 2018

  3. Enrolled Bill communicated to Governor on March 6, 2018

  4. Signed by Speaker

  5. Signed by President

  6. Signed by Speaker

  7. Enrolled

  8. Passed by temporarily

  9. Passed House with amendments (91-Y 7-N)

  10. Engrossed by House as amended

  11. Committee amendments agreed to

  12. Read third time

  13. Read second time

  14. Assigned ACNR sub: Subcommittee #4

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

  16. Read first time

  17. Placed on Calendar

  18. Printed as reengrossed 18106078D-E2S1

  19. Reengrossed by Senate as amended SB699E2S1

  20. Amendments #3, #4 by Senator Chafin agreed to

  21. Reading of amendments waived

  22. Amendments #1, #2 by Senator Chafin withdrawn

  23. Passed by for the day

  24. Passed by for the day

  25. Passed by for the day

  26. Passed by for the day

  27. Printed as engrossed 18106078D-ES1

  28. Engrossed by Senate - committee substitute with amendment SB699ES1

  29. Emergency clause deleted

  30. Amendment by Senator Deeds agreed to

  31. Reading of amendment waived

  32. Committee substitute agreed to 18106078D-S1

  33. Reading of substitute waived

  34. Read second time

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

  36. Prefiled and ordered printed with emergency clause; offered 01/10/18 18104467D

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 144 not signed on · 5 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

Passed House with amendments

Passed 91 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 91700
Total 91700
% of votes cast 93%7%0%0%
How each member voted (98)
Member Party Vote
Habeeb — Yea
Hugo — Yea
Landes — Yea
Pogge — Yea
Rodman — Yea
Stolle — Yea
Toscano — Yea
Jones, S.C. — Yea
Collins — Yea
Helsel — Yea
Ingram — Yea
James — Yea
Lindsey — Yea
Mr. Speaker — Yea
Bell, Richard P. — Nay
Cline — Nay
Peace — Yea
Turpin — Yea
Yancey — Yea
Adams, Dawn M. — Yea
Adams, Les R. — Nay
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Yea
Ayala, Hala S. — 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
Carter, Lee J. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Cole, Mark L. — Nay
Convirs-Fowler, Kelly K. — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Yea
Edmunds, James E., II — Yea
Emily M. Jordan — Nay
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Yea
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Yea
Heretick, Steve E. — Yea
Hurst, Chris L. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jennifer D. Carroll Foy — Yea
Jones, Jerrauld C. "Jay" — Yea
Joshua E. Thomas — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Nay
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
McGuire, John J., 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
Schuyler T. VanValkenburg — 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

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Subjects

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Frequently asked questions

What does SB 699 do?
Authorizes the Department of Environmental Quality (the Department) to conduct inspections of the land-disturbing activities of interstate and intrastate natural gas pipeline companies that have approved annual standards and specifications as such land-disturbing activities relate to construction of any natural gas transmission pipeline greater than 36 inches inside diameter to determine (i) compliance with such annual standards and specifications, (ii) compliance with any site-specific plans, and (iii) if there have been or are likely to be adverse impacts to water quality as a result of such land-disturbing activities. The bill authorizes the Department to issue a stop work instruction on the relevant part of the site when the Department determines that there has been a substantial adverse impact to water quality or that a substantial and imminent adverse impact to water quality is likely to occur as a result of such land-disturbing activities. The bill requires that upon written documentation of completion by the company and approval by the Department in writing of the corrective measures specified in the stop work instruction, the instruction shall be immediately lifted. Such stop work instruction may be appealed to the circuit court of the jurisdiction where the violation was alleged to have occurred or other appropriate court.
Who sponsors SB 699?
SB 699 is sponsored by Jennifer L. McClellan, R. Creigh Deeds, Jennifer T. Wexton, and Mason, T. Montgomery "Monty".
What is the current status of SB 699?
This bill has been enacted into law. Introduced January 10, 2018. Enacted.
Where can I track SB 699?
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