Sen. Lynwood Lewis

Stormwater Local Assistance Fund; grant requirements. Authorizes grants from the Stormwater Local Assistance Fund awardedfor projects related to Chesapeake Bay total maximum daily load (TMDL) requirements to take into account total phosphorus reductionsor total nitrogen reductions. The bill authorizes grants awardedfor eligible projects in localities with high or above average fiscalstress as reported by the Commission on Local Government to accountfor more than 50 percent of the costs of a project.

Advanced recycling; not considered solid wastemanagement; definition. Defines "advanced recycling" as a manufacturing process for the conversion of post-use polymers and recovered feedstocksinto basic hydrocarbon raw materials and other materials. The billprovides that advanced recycling shall not be considered solid wastemanagement. The bill also defines "gasification," "post-use polymer,"and other terms related to advanced recycling.

Chesapeake Bay; wastewater treatment; Enhanced Nutrient Removal Certainty Program. Requires the State Water Control Board to adopt by June 30, 2022, regulations establishing a Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program (ENRC Program), consisting of a number of total nitrogen and total phosphorous waste load allocation reductions assigned to particular water treatment facilities with schedules for compliance. The bill provides that the ENRC Program shall operate in lieu of certain Chesapeake Bay waste load regulations. The bill directs the Board to modify affected discharge permits to incorporate the provisions of the ENRC Program and requires certain compliance plans due from treatment works by February 1, 2023, to address the requirements of the ENRC Program. The bill provides that the funding of certain design and installation costs for implementing nutrient upgrades pursuant to the ENRC Program shall be eligible for grants from the Water Quality Improvement Fund. The ENRC Program is required to proceed regardless of whether such grants will exceed the available funds in the Fund for a given fiscal year. The bill lists the projects and the total nitrogen or total phosphorus waste load allocation reductions that specified facilities are to complete. The bill provides that when grants to finance nutrient removal technology reach a sum sufficient to fund the completion of the ENRC Program at all publicly owned treatment works, certain General Assembly committees shall review funding needs and mechanisms. Finally, the bill directs the State Water Control Board to convene a stakeholder group during the adoption of regulations required to carry out the provisions of the bill and provides that such adoption by the Board shall be exempt from certain procedures of the Administrative Process Act. The bill provides that the priority projects and waste load allocation reductions that it sets forth shall be deemed to implement goals of the Chesapeake Bay Phase III Watershed Implementation Plan.

Nutrient credits; use by facility with certainstormwater discharge permit. Authorizes a facility that has beenissued a Virginia Pollution Discharge Elimination System (VPDES)permit regulating stormwater discharges to acquire, use, and transfernutrient credits for compliance with any waste load allocation establishedas an effluent limitation in its VPDES permit so long as the creditsmeet several requirements. Current law allows only a facility registeredunder the Industrial Stormwater General Permit to use nutrient creditsfor such purpose.

Pilot program for broadband capacity; municipalbroadband authorities. Expands the existing broadband pilotprogram to allow for the participation of municipalities and government-ownedbroadband authorities in order to provide broadband service to unservedareas of the Commonwealth.

Provision of broadband capacity by Phase I or Phase II electric utilities. Makes permanent the pilot program under which a Phase I or Phase II electric utility is permitted to petition the State Corporation Commission to provide broadband capacity to unserved areas of the Commonwealth. The bill expands the program to allow for the participation of municipalities and government-owned broadband authorities. The bill provides that investor-owned electric utilities may recover costs of and revenue generated from providing broadband capacity that serves as an electric grid transformation project in areas unserved by broadband, as defined in the bill. The bill also consolidates the State Corporation Commission petition approval process into one hearing.

Property; required disclosures for buyer toexercise due diligence; flood risk report. Requires the Departmentof Conservation and Recreation (the Department) to (i) develop, maintain,and update on its public website a statewide database and an officialmap of any parcel of real property in the Commonwealth and (ii) makeavailable on its website a copy of a flood risk report for each parcelof real property in the Commonwealth, the details of which are outlinedin the bill. The bill adds obtaining a flood risk report from theDepartment to the list of things a purchaser is advised to exercise due diligence on when purchasing a property. The bill also providesthat an owner of residential real property located in the Commonwealthwho has actual knowledge that the dwelling unit is a repetitive riskloss structure, as defined in the bill, shall disclose such factto the purchaser on a form provided by the Real Estate Board on itswebsite. The bill has a delayed effective date of January 1, 2022.The provisions of the bill are contingent on funding in a generalappropriation act.

Bribery in correctional facilities; penalty.Provides that any person who (i) offers, confers, or agrees to conferupon another any pecuniary benefit as consideration for the recipient to act in the unlawful delivery of items or contraband to prisonersor (ii) receives any pecuniary benefit or other consideration toact in in the unlawful delivery of items or contraband to prisonersshall be guilty of bribery, punishable as a Class 4 felony. The billalso provides that any law-enforcement officer, jail officer, or correctionalofficer who violates the provisions of the bill shall be decertifiedand shall be forever ineligible for reemployment as a law-enforcementofficer, jail officer, or correctional officer in the Commonwealth.

Tax credit; agricultural best management practices. Creates an enhanced individual and corporate income tax credit for taxable years 2021 through 2024 for the implementation of certain agricultural best management practices by the taxpayer that are required as part of a certified resource management plan. The enhanced tax credit is equal to 50 percent of the first $100,000 expended in implementing certain agricultural best management practices, and each amount shall be consistent with the rate offered for each eligible practice under the Virginia Agricultural Best Management Practices Cost-Share Program. The bill retains a tax credit for 25 percent of expenses made for all other agricultural best management practices that are not eligible for the enhanced credit rate, but increases the maximum amount of expenses to which one can apply the 25 percent credit from $70,000 to $100,000. A taxpayer may not claim credit for the same practice in the same management area under both the 25 percent and enhanced 75 percent credits. The aggregate amount of credit claimed per taxpayer shall not exceed $75,000 per year, and the aggregate amount of individual and corporate credits claimed among all taxpayers and credits shall not exceed $2 million per year. The bill sunsets the existing agricultural best management practices tax credits after taxable year 2024.

Transportation funding; statewide prioritizationprocess; resiliency. Adds resiliency, defined in the bill, tothe list of factors to be considered during the statewide transportationfunding prioritization process commonly known as SMART SCALE. Thebill also requires that the factors of congestion mitigation, economicdevelopment, accessibility, safety, resiliency, and environmentalquality be considered relative to the anticipated life-cycle costof the project or strategy under consideration.