HB 443 Virginia House of Delegates · 2020 Regular Session

Coal combustion residuals impoundment; closures in Giles and Russell Counties.

Summary
Coal combustion residuals impoundment; Giles and Russell Counties; closure. Requires the owner or operator of any coal combustion residuals (CCR) unit, defined in the bill to include a coal ash pond or landfill, at the Glen Lyn Plant and the Clinch River Plant in Giles and Russell Counties, respectively, to close such CCR unit by removing all of the CCR for (i) recycling, known as encapsulated beneficial use, or (ii) deposition in a permitted and lined landfill that meets certain federal standards. The measure requires that any owner or operator beneficially reuse such removed CCR if doing so is anticipated to reduce costs. Such a closure project shall be completed within 15 years of the start of excavation and shall be accompanied by an offer by the owner or operator to provide connection to a municipal water supply for every residence within one-half mile or, if such connection is not feasible, to provide water testing for any such residence. The bill provides that if the owner or operator moves the CCR off-site, it shall develop a transportation plan in consultation with any county, city, or town in which the CCR units are located and any county, city, or town within two miles of the CCR units for any truck transportation that minimizes the effects on adjacent property owners and surrounding communities. The bill requires the owner or operator of a CCR unit to accept and review on an ongoing basis sufficiently detailed proposals to beneficially reuse any CCR that are not already subject to a removal contract. The bill requires that any entity conducting the closure or corrective action work (a) identify options for utilizing local workers, (b) consult with the Commonwealth's Chief Workforce Development Officer on opportunities to advance the Commonwealth's workforce goals, and (c) give priority to the hiring of local workers. The bill requires the CCR unit owner or operator to submit two biennial reports beginning October 1, 2023, and continuing until closure of or corrective action at all of its CCR units is complete. One report describes closure plans, progress, a detailed accounting of the amounts of CCR that have been beneficially reused and the amount of CCR that have been landfilled, the utilization of transportation options, water monitoring results, and other aspects of the closure process; the other report contains the beneficial reuse proposals that the owner or operator has received and its analysis of such proposals. The measure provides that all costs associated with closure of a CCR unit shall be recoverable through a rate adjustment clause authorized by the State Corporation Commission (the Commission), provided that (1) when determining the reasonableness of such costs, the Commission shall not consider closure in place of the CCR unit as an option and (2) the annual revenue requirement recoverable through a rate adjustment clause shall not exceed $40 million on a Virginia jurisdictional basis for the Commonwealth in any 12-month period, provided that any under-recovery amount of revenue requirements incurred in excess of $40 million in a given 12-month period shall be deferred and recovered through the rate adjustment clause over up to three succeeding 12-month periods. The bill provides that costs may begin accruing on July 1, 2020, but no approved rate adjustment clause charges shall be included in customer bills until July 1, 2022; any such costs shall be allocated to all customers of the utility in the Commonwealth as a non-bypassable charge, irrespective of the generation supplier of any such customer; and any such costs that are allocated to the utility's system customers outside of the Commonwealth that are not actually recovered from such customers shall be included for cost recovery from jurisdictional customers in the Commonwealth through the rate adjustment clause. The measure prohibits cost recovery for any fines or civil penalties resulting from violations of federal or state law.
Bill status signed all 5 stages cleared
Introduction
Jan 2020
Committee Review
Feb 2020
House of Delegates Passage
Feb 2020
Senate Passage
Mar 2020
Signed into Law
Mar 2020
Introduced Jan 3, 2020 Signed Mar 31, 2020
Floor votes

How they voted

This bill passed the Senate. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
39
Key actions
12
Committee
10
Amendments
4
Mar 31, 2020
Signed into law
Approved by Governor-Chapter 563 (effective 7/1/20)
executive
Mar 3, 2020
Introduced
Senate amendments agreed to by House (96-Y 1-N)
lower
Mar 2, 2020
Upper · Passed
Passed Senate with amendments (39-Y 1-N)
upper
Mar 2, 2020
Introduced
Engrossed by Senate as amended
upper
Feb 28, 2020
Upper · Passed
Passed by for the day
upper
Feb 28, 2020
Upper · Passed
Passed Senate with amendments (34-Y 3-N)
upper
Feb 28, 2020
Introduced
Engrossed by Senate as amended
upper
Feb 28, 2020
Upper · Passed
Committee amendments agreed to
upper
Feb 28, 2020
Introduced
Reading of amendments waived
upper
Feb 25, 2020
Upper · Passed
Reported from Agriculture, Conservation and Natural Resources with amendments (14-Y 1-N)
upper
Feb 11, 2020
Committee
Referred to Committee on Agriculture, Conservation and Natural Resources
upper
Feb 10, 2020
Lower · Passed
Read third time and passed House BLOCK VOTE (99-Y 0-N)
lower
Feb 7, 2020
Lower · Passed
Engrossed by House - committee substitute HB443H1
lower
Feb 7, 2020
Lower · Passed
Committee substitute agreed to 20107719D-H1
lower
Feb 5, 2020
Lower · Passed
Reported from Agriculture, Chesapeake and Natural Resources with substitute (21-Y 0-N)
lower
Feb 5, 2020
Lower · Passed
Subcommittee recommends reporting with substitute (8-Y 0-N)
lower
Feb 5, 2020
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 14, 2020
Committee
Assigned ACNR sub: Natural Resources
lower
Jan 3, 2020
Committee
Referred to Committee on Agriculture, Chesapeake and Natural Resources
lower
Jan 3, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20102744D
lower
1 primary · 1 co-sponsor

Sponsors