Environmental proceedings; findings of fact.
Summary
Environmental proceedings; findings of fact.Directs the Department of Environmental Quality (DEQ) to give deferenceto findings of fact by a presiding officer explicitly based on theevidence presented in any formal proceeding. The bill directs DEQto include in its case decision the factual and legal basis for anydecision that rejects a recommendation from the hearing officer orpresiding officer. The bill requires a court hearing any decisionon review in which a hearing officer has made a recommendation toDEQ on a factual issue to defer to such recommendation. A violationon account of gross negligence is a Class 1 misdemeanor. The bill also directs a court, hearing anydecision on review for a formal proceeding initiated prior to July 1, 2020, in which DEQ rejected a recommendation from a hearing officeror presiding officer and for which a final adjudication has not beenrendered, to remand the proceeding to establish the findings of factby a presiding officer explicitly based on the evidence presentedat the hearing and to establish the factual and legal basis for thedecision prior to rendering such final adjudication.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2020
Committee Review
Feb 2020
Senate Passage
Feb 2020
House of Delegates Passage
Governor
Introduced Jan 8, 2020
Last action Mar 3, 2020
Floor votes · Senate Feb 7, 2020
How they voted
39–0
Passed · 1 other
Total votes 40
Feb 7, 2020
D
Democratic21
100% Yea
R
Republican19
94% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
18
Key actions
5
Committee
7
Feb 24, 2020
Lower · Passed
Subcommittee recommends laying on the table (5-Y 3-N)
lower
Feb 13, 2020
Committee
Assigned ACNR sub: Chesapeake
lower
Feb 13, 2020
Committee
Referred to Committee on Agriculture, Chesapeake and Natural Resources
lower
Feb 7, 2020
Upper · Passed
Passed Senate (39-Y 0-N)
upper
Feb 7, 2020
Upper · Passed
Engrossed by Senate - committee substitute SB769S1
upper
Feb 7, 2020
Upper · Passed
Committee substitute agreed to 20107726D-S1
upper
Feb 4, 2020
Upper · Passed
Reported from Agriculture, Conservation and Natural Resources with substitite (15-Y 0-N)
upper
Jan 8, 2020
Committee
Referred to Committee on Agriculture, Conservation and Natural Resources
upper
Jan 8, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20104943D
upper
1 primary · 1 co-sponsor
Sponsors
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