AIA Virginia is watching bills placed in this category. Often, we are watching bills because they are of interest and we want to remain informed. When this is the case, it is often another organization taking the lead due to its specific expertise and political relationships. If amendments are introduced that make a bill in this category detrimental to our profession, then it is moved to the ACTIVE list and we engage. There are some bills that AIA Virginia does not take a position on. An example of this would be bills that define “small business”. Because of the composition of our membership, we would not want to take action that would hurt any of our members.
If you have any questions, please contact Paul Battaglia, AIA at pbattaglia@aiava.org
HB 1485 Chesapeake Bay Watershed Implementation Plan; effective date.
A BILL to amend and reenact § 62.1-44.119:1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 3.8 of Title 62.1 sections numbered 62.1-44.119:2, 62.1-44.119:3, and 62.1-44.119:4, relating to Chesapeake Bay Watershed Implementation Plan; effective date.
23104627D
Summary as passed House:
Chesapeake Bay Watershed Implementation Plan; effective date. Changes the contingency for the effective date of the Chesapeake Bay Watershed Implementation Plan to (i) allow consideration of a combination of point or nonpoint source pollution reduction efforts other than agricultural best management conservation practices when determining whether the Commonwealth’s agriculture sector commitments in the Chesapeake Bay Total Maximum Daily Load Phase III Watershed Implementation Plan have been satisfied and (ii) bar such provisions from becoming effective unless the Commonwealth has fully funded the Virginia Natural Resources Commitment Fund as provided in the bill. The bill also advances from July 1, 2026, to July 1, 2030, the contingency effective date of the Chesapeake Bay Watershed Implementation Plan (the Plan). The bill requires the Secretary of Agriculture and Forestry and the Secretary of Natural and Historic Resources to convene a stakeholder advisory group to review annual progress and make certain recommendations toward the implantation of the Commonwealth’s agricultural commitments in the Plan. The bill directs each soil and water conservation district to report to the Department any recommendations for improving the disbursement of funds from the Virginia Natural Resources Commitment Fund and program efficiencies that would expedite the disbursal of such funds. Finally, the bill prohibits any regulatory action to be imposed on agricultural practices before the effective date of the Chesapeake Bay Watershed Implementation Plan.
HB 1510 Urban green space; local incentives.
A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 9 of Title 15.2 a section numbered 15.2-977.1, relating to local incentives for urban green space.
23105016D
Summary as passed House:
Local incentives for urban green space. Authorizes localities to establish programs to provide regulatory flexibility to encourage the preservation, restoration, or development of urban green space, defined in the bill. The regulatory flexibility may include (i) a reduction in permit fees, or (ii) a streamlined process for the approval of permits.
HB 1628 Wetland and Stream Replacement Fund; availability of credits, use of funds.
A BILL to amend and reenact § 62.1-44.15:23.1 of the Code of Virginia, relating to Wetland and Stream Replacement Fund; availability of credits; use of funds.
23101605D
Summary as introduced:
Wetland and Stream Replacement Fund; availability of credits; use of funds. Permits the Department of Environmental Quality to use the Wetland and Stream Replacement Fund for purposes other than the purchase of mitigation bank credits, as set out in the bill, if the Department makes a determination within two years after the collection of moneys for a specific impact that mitigation bank credits for such impact will not be available within three years. Currently, the Department can use such funds for other specified purposes if after three years no mitigation bank credits are available for purchase.
HB 1634 Comprehensive plan; plan encouraged to consider strategies to address resilience.
A BILL to amend and reenact § 15.2-2223 of the Code of Virginia, relating to comprehensive plan; strategies to address resilience.
23102420D
Summary as passed House:
Comprehensive plan; strategies to address resilience. Encourages localities to consider strategies to address resilience in their comprehensive plans.
Notes: support; matched to SB1187
HB 1807 Flood plain management; state agency compliance with regulations.
A BILL to amend and reenact § 10.1-603 of the Code of Virginia, relating to state agency compliance with flood plain management regulations.
23103942D
Summary as introduced:
State agency compliance with flood plain management regulations. Directs the Department of Conservation and Recreation, no later than September 30, 2023, and in cooperation with numerous Secretariats and the Special Assistant to the Governor for Coastal Adaptation and Protection, to establish standards for development in a flood plain for all state agencies and departments. Such standards shall require at least compliance with the National Flood Insurance Program and shall require that any development undertaken by an agency or department on state-owned land located in a Special Flood Hazard Area be protected or flood-proofed against flooding and flood damage. The bill also requires any state agency or department, when developing a facility on state-owned property located in a flood plain, to either adhere to all flood plain management regulations or receive Department approval of compliance with the applicable state standard for development in a flood plain. Such agency or department shall document to the Department of General Services its compliance with the relevant standard. The bill allows the Department of General Services to issue a variance if no feasible alternative to developing a facility in the flood plain exists and if one of several other conditions provided in the bill is met.
HB 2126 Stormwater management & erosion & sediment control; installation of permanent gravel access roads.
A BILL to direct the Department of Environmental Quality to include specifications relating to certain activities for stormwater management and erosion and sediment control related to the installation of permanent gravel access roads by an electric utility in the next publication of the Department of Environmental Quality’s Virginia Stormwater Management Handbook.
23106082D
Summary as passed House:
Department of Environmental Quality; soil erosion control and stormwater management plans; gravel access. Directs the Department of Environmental Quality to include specifications regarding certain activities for stormwater management and erosion and sediment control related to the installation for permanent gravel access roads by an electric utility in the next publication of the Department of Environmental Quality’s Virginia Stormwater Management Handbook (the Handbook). The bill permits any electric utility that complies with such specifications to be deemed to satisfy the water quantity technical criteria in the Stormwater Management Act. The bill further allows, until the effective date of the new publication of the Handbook, any new permanent gravel access road associated with the construction and maintenance of electric transmission lines by an electric utility to be deemed to have satisfied the required water quantity technical criteria if certain requirements are met.
HB 2180 Professional and Occupational Regulation, Department of; universal license recognition.
A BILL to amend the Code of Virginia by adding in Chapter 2 of Title 54.1 a section numbered 54.1-205, relating to Department of Professional and Occupational Regulation; universal license recognition.
23104984D
Summary as passed House:
Department of Professional and Occupational Regulation; universal license recognition. Establishes criteria for an individual licensed, certified, or having work experience in another state to apply to a regulatory board within the Department of Professional and Occupational Regulation and be issued a professional or occupational license or government certification if certain conditions are met. Certain sections of this bill do not apply to any professional services, as defined in § 2.2-4301.
Notes: successful in adding an amendment that excluded “professional services” from SB1213; same amendment added to companion HB2180
HB 2390 Virginia Erosion and Stormwater Management Act; regulations; effective date.
A BILL to amend and reenact the ninth enactments of Chapters 68 and 758 of the Acts of Assembly of 2016 and the tenth enactments of Chapters 68 and 758 of the Acts of Assembly of 2016, as amended by the second enactment of Chapter 345 of the Acts of Assembly of 2017, relating to Virginia Erosion and Stormwater Management Act; regulations; effective date.
23103204D
Summary as introduced:
Virginia Erosion and Stormwater Management Act; regulations; effective date. Directs the State Water Control Board to adopt regulations to implement before July 1, 2024, the requirements of amendments to the Virginia Erosion and Stormwater Management Act enacted by the 2016 Session and amended by the 2017 Session and delays from July 1, 2018, to July 1, 2024, the effective date of the amendments made by the 2016 Session and regulations required to be adopted pursuant thereto. The bill also directs such adopted regulations to include the reduction of regulations through consolidation of duplicative requirements.
SB 959 Chesapeake Bay; nutrient credit calculations outside the watershed.
A BILL to amend and reenact § 62.1-44.19:20, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to nutrient credit calculations outside the Chesapeake Bay watershed.
23105844D
Summary as passed Senate:
Nutrient credit calculations outside the Chesapeake Bay watershed. Establishes that nutrient credits generated through stream restoration projects that are certified or recertified by the Department of Environmental Quality and located in tributaries outside of the Chesapeake Bay watershed may be calculated using a delivery factor deemed by the Director of the Department of Environmental Quality to be based on the best available scientific and technical information appropriate for the tributaries outside of the Chesapeake Bay watershed.
SB 1035 Bridges; state of good repair, allocation of funds.
A BILL to amend and reenact § 33.2-369 of the Code of Virginia, relating to bridges; state of good repair; allocation of funds.
23105628D
Summary as passed Senate:
Bridges; state of good repair; allocation of funds. Designates bridges with a general condition rating, defined in the bill, of no more than five for at least one major bridge component as eligible for state of good repair funds. Currently, bridges must be structurally deficient to be eligible. The bill authorizes the use of state of good repair funds for improvements anticipated to extend the useful life of a bridge by at least 10 years. The bill changes the funding distribution standard from equitable needs-based distribution, with percentage limits for a given district and a process to exceed such limits when necessary, to needs-based distribution of funding among the highway construction districts. The provisions of the bill apply to new project allocations made by the Commonwealth Transportation Board after June 1, 2024.
SB 1066 Historic rehabilitation; increases maximum amount of tax credit.
A BILL to amend and reenact § 58.1-339.2 of the Code of Virginia, relating to historic rehabilitation tax credit.
23100398D
Summary as passed Senate:
Historic rehabilitation tax credit; increase. Increases from $5 million to $10 million, beginning in taxable year 2023, the maximum amount of the historic rehabilitation tax credit, including amounts carried over from prior taxable years, that may be claimed by a taxpayer in any taxable year. In addition, should the taxpayer incur expenses toward the rehabilitation of a certified historic structure in a locality that has a designated enterprise zone, as defined in the Code, the taxpayer may claim up to an additional $10 million in any taxable year. The provisions of the bill are contingent on the anticipated revenue change from implementing the act being accounted for in the general appropriation act.
SB 1091 Local Stormwater Management Fund; condominiums.
A BILL to amend and reenact § 15.2-2114.01 of the Code of Virginia, relating to local Stormwater Management Fund; condominiums.
23100427D
Summary as introduced:
Local Stormwater Management Fund; condominiums. Expands the allowable uses of grants from a local Stormwater Management Fund, established under current law to grant funds to private property owners and common interest communities for certain stormwater management and erosion control projects, to include joint flooding mitigation projects of condominium owners.
SB 1106 Transportation Partnership Opportunity Fund; funds for transportation projects.
A BILL to amend and reenact § 33.2-1529.1 of the Code of Virginia, relating to Transportation Partnership Opportunity Fund.
23106375D
Summary as passed Senate:
Transportation Partnership Opportunity Fund. Authorizes the Governor to direct funds from the Fund to the Commonwealth Transportation Board for transportation projects determined to be necessary to support major economic development initiatives or to enhance the economic development opportunities of the Commonwealth’s transportation programs when recommended by the Secretary of Transportation and Secretary of Commerce and Trade; these directed funds do not have a specified limit. The bill directs, when funds are directed to such transportation projects or programs from the Fund in excess of $5 million, the Secretary of Transportation to submit a report, the content of which is designated in the bill, to the Chairmen of the Senate Committee on Finance and Appropriations and the House Committee on Appropriations within 30 days of such direction of funds. The bill requires, for such directions of funds from the Fund in excess of $35 million, upon receipt of the Secretary of Transportation’s report, that the direction of funds be submitted for review, within seven days, to the Chairmen of the Senate Committee on Finance and Appropriations and the House Committee on Appropriations. The bill provides that absent a recommendation within the seven days that the funds should not be directed, or in the event that the Chairmen do not provide a recommendation within the seven days, the funds shall be directed, and that in the event that at least one Chairman does not recommend such direction of funds, such direction of funds shall not be made unless subsequently authorized by the General Assembly. The bill directs, upon the expenditure of any such directed funds, the Secretary of Transportation to submit a report on such expenditure to the Chairmen of the Senate Committee on Finance and Appropriations and the House Committee on Appropriations within 30 days. The bill also authorizes the Governor to use funds from the Fund to enhance the economic development opportunities of the Commonwealth’s transportation programs. The bill authorizes the use of grants, funds directed to the Board, and revolving loans for property acquisition and new or improved infrastructure to support economic development opportunities of the Commonwealth’s transportation programs.
SB 1129 Chesapeake Bay Watershed Implementation Plan; changes contingency for effective date.
A BILL to amend and reenact § 62.1-44.119:1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 3.8 of Title 62.1 sections numbered 62.1-44.119:2, 62.1-44.119:3, and 62.1-44.119:4, relating to Chesapeake Bay Watershed Implementation Plan; effective date.
23106002D
Summary as passed Senate:
Chesapeake Bay Watershed Implementation Plan; effective date. Changes the contingency for the effective date of the Chesapeake Bay Watershed Implementation Plan to allow consideration of a combination of point or nonpoint source pollution reduction commitments other than agricultural best management conservation practices when determining whether the Commonwealth’s commitments in the Chesapeake Bay Total Maximum Daily Load (TMDL) Phase III Watershed Implementation Plan have been satisfied. The bill advances from July 1, 2026, to July 1, 2028, the contingency effective date of the Chesapeake Bay Watershed Implementation Plan and requires the Secretary of Natural and Historic Resources and the Secretary of Agriculture and Forestry to convene a stakeholder advisory group to review annual progress and make recommendations toward the implementation of the Commonwealth’s agricultural commitments in the Chesapeake Bay TMDL Phase III Watershed Implementation Plan. The group is required to submit its first annual report by July 1, 2024, and the Secretaries of Agriculture and Forestry and Natural and Historic Resources are required to jointly review such report by July 1, 2025. The bill also requires soil and water conservation districts to report to the Department of Conservation and Recreation recommendations for improving the disbursement of funding and for program efficiencies that would expedite disbursal of funds provided through the Virginia Natural Resources Commitment Fund and prohibits certain regulatory actions from being imposed on agricultural practices prior to July 1, 2028, provided that reasonable progress is being achieved and a detailed plan has been developed for reaching the needed number of voluntary incentivized practices.
SB 1141 Affordable housing; local zoning ordinance authority, comprehensive plan.
A BILL to amend and reenact § 15.2-2304 of the Code of Virginia, relating to affordable housing; local zoning ordinance authority; comprehensive plan.
23105882D
Summary as passed Senate:
Affordable housing; local zoning ordinance authority; comprehensive plan. Authorizes any locality in the Commonwealth to provide for an affordable housing dwelling unit program by amending the zoning ordinance of such locality. Current law restricts such authorization to counties with an urban county executive form of government or county manager plan of government and certain other localities. This bill has a delayed effective date of July 1, 2024 and incorporates SB 1331.
SB 1149 Plans and programs; drought evaluation and response plans, Potomac River.
A BILL to amend and reenact §§ 62.1-44.38 and 62.1-44.38:1 of the Code of Virginia, relating to plans and programs; drought evaluation and response plans; Potomac River.
23105229D
Summary as passed Senate:
Plans and programs; drought evaluation and response plans; Potomac River. Requires the State Water Control Board to recognize service areas for water utilities in the Commonwealth that use the Potomac River as a water supply source as a distinct drought evaluation region. The bill requires the Board to incorporate certain provisions from the Metropolitan Washington Water Supply and Drought Awareness Response Plan: Potomac River System (the Metropolitan Washington Plan) into the existing drought evaluation plans that are applicable to the Potomac River drought evaluation region. The bill directs the Board to adopt regulations that further recognize the localities that include any portion of the service area of a water supply utility in the Commonwealth that uses the Potomac River as a water supply source as a distinct regional planning area. The bill requires such regulations to incorporate certain provisions from the Metropolitan Washington Plan. The bill further clarifies that the Governor remains to have the authority during a declared drought emergency.
SB 1168 Virginia Erosion and Stormwater Management Act; regulations; effective date.
An Act to amend and reenact the ninth enactments of Chapters 68 and 758 of the Acts of Assembly of 2016 and the tenth enactments of Chapters 68 and 758 of the Acts of Assembly of 2016, as amended by the second enactment of Chapter 345 of the Acts of Assembly of 2017, relating to Virginia Erosion and Stormwater Management Act; regulations; effective date.
Summary as introduced:
Virginia Erosion and Stormwater Management Act; regulations; effective date. Directs the State Water Control Board to adopt regulations to implement before July 1, 2024, the requirements of amendments to the Virginia Erosion and Stormwater Management Act enacted by the 2016 Session and amended by the 2017 Session and delays from July 1, 2018, to July 1, 2024, the effective date of the amendments made by the 2016 Session and regulations required to be adopted pursuant thereto. The bill also directs such adopted regulations to include the reduction of regulations through consolidation of duplicative requirements.
SB 1187 Comprehensive plan; strategies to address resilience.
A BILL to amend and reenact § 15.2-2223 of the Code of Virginia, relating to comprehensive plan; strategies to address resilience.
23102509D
Summary as introduced:
Comprehensive plan; strategies to address resilience. Requires localities to consider strategies to address resilience in their comprehensive plans.
Notes: matched to HB1634; support
SB 1213 Professional and Occupational Regulation, Department of; universal license recognition.
An Act to amend the Code of Virginia by adding in Chapter 2 of Title 54.1 a section numbered 54.1-205, relating to Department of Professional and Occupational Regulation; universal license recognition.
Summary as passed Senate:
Department of Professional and Occupational Regulation; universal license recognition. Establishes criteria for an individual licensed, certified, or having work experience in another state to apply to a regulatory board within the Department of Professional and Occupational Regulation and be issued an occupational license or government certification if certain conditions are met.
Notes: successful in adding an amendment that excluded “professional services” from SB1213; same amendment added to companion HB2180
SB 1227 Licensure; effect of criminal convictions, data to be included in biennial report.
A BILL to amend and reenact §§ 54.1-114 and 54.1-204 of the Code of Virginia, relating to Department of Professional and Occupational Regulation; effect of criminal convictions on licensure; data to be included in biennial report.
23105447D
Summary as passed Senate:
Department of Professional and Occupational Regulation; effect of criminal convictions on licensure; data to be included in biennial report. Provides for consideration of certain factors to be made by any regulatory board through an individualized assessment prior to denying an application for licensure, certification, or registration for any occupation or profession regulated by the Department of Professional and Occupational Regulation where such denial was made in whole or in part upon the existence of the applicant’s criminal record. The bill requires, beginning July 1, 2026, the Department to include certain data related to the criminal history of applicants to each regulatory board in its biennial report.