Dozens of bills would change environmental rules in Virginia. Here’s what lawmakers have proposed so far.

The Virginia General Assembly session kicked off last week with a divided political makeup.

After November’s election, Republicans hold a majority in the House of Delegates. Republican Gov. Glenn Youngkin assumed office on Saturday. Democrats, meanwhile, retain a slight majority in the Senate.

Lawmakers from both sides have introduced dozens of bills that would change environmental rules.

Here’s a look at some of those introduced thus far.

Flooding and resiliency

• Flood Relief Fund: Republican Del. Will Morefield of Tazewell has proposed the creation of a fund (HB 5) that would give money to people whose property has been damaged by a major disaster such as a flood or mudslide. It would be funded by redirecting some of the money earned by Virginia in the Regional Greenhouse Gas Initiative from an existing flood fund. Morefield said in an email the idea came after a major flood damaged nearly 200 homes in the Guesses Fork community of Hurley, and he learned that FEMA denied private assistance to homeowners. “What happened in Hurley is heartbreaking,” he said and added that he’s committed to getting the flood victims and future victims across the commonwealth the help they deserve. He developed the idea before Youngkin announced plans to withdraw Virginia from RGGI, but said if that happens the fund could take some of the existing money.

• Commonwealth Flood Board: A bill (HB 602) from Del. Cliff Hayes Jr., a Democrat from Chesapeake, would create a flood policy board under the executive branch. It would oversee funds given out for sea level rise adaptation and flooding as well as programs across the state, federal and local levels. The Hampton Roads Planning District Commission has been pushing for such a board, saying coordination on the issue is necessary.

• Stormwater: A bill from Virginia Beach Democrat Del. Kelly Convirs-Fowler (HB 577) directs state officials to compile a list of stormwater systems throughout the commonwealth, and then document the impact of flooding on such systems. The topic of flooding threatening stormwater infrastructure is growing among officials dealing with climate change. In some Norfolk neighborhoods, for example, rising tides have decreased the stormwater system’s capacity by about half.

• Resilience: Three pieces of legislation from Fairfax Democrat Del. David Bulova are intended to help prepare for impacts from climate change. The first (HB 516) builds upon the Virginia Coastal Resilience Master Plan released by Gov. Ralph Northam in December. Bulova’s legislation would require the plan to be expanded and updated every five years as “a living document,” as well as develop more community outreach. He said it’s part of a recognition that while the plan is a “great framework,” more is needed to look at inland flooding in Virginia. Another bill (HB 520) would require localities to consider climate resilience when developing or updating their comprehensive planning documents. A third (HB 517) creates a chief resilience officer position in the state government. The role is currently filled by the secretary of natural resources. “At the end of the day, Virginia is one of the most vulnerable states in terms of our infrastructure,” Bulova said. Climate resilience “is an issue we need to address.”

Energy

• Solar: A bill from Republican Del. Michael Webert of Marshall (HB 206) requires any small renewable energy project, such as a solar farm, to determine whether it will adversely impact at least 10 acres of “prime agricultural soil” or 50 acres of forest. If so, the project would have to submit a mitigation plan. A bill from Arlington Democrat Sen. Barbara Favola (SB 290) requires any state or local agency constructing or renovating a building to ensure the roof is ready for solar panels, with some exceptions. It also requires public school renovation and construction to be designed and operated to “generate more electricity than consumed.” Republican Del. Danny Marshall’s bill (HB 172) would allow localities to restrict the visibility of solar energy projects from public secondary roads “in order to maintain the view of the surrounding community.” Marshall, who represents Danville, said it was a request from a constituent in rural Virginia concerned about the aesthetics of a solar farm.

• Virginia Clean Economy Act: A bill from Republican Del. Lee Ware of Powhatan (HB 74) would have the State Corporation Commission create an exemption program for “energy-intensive, trade-exposed” industries constrained in their ability to pass on costs to customers that are incurred while complying with the act’s emissions rules. Such industries, including steel and cement producers, often argue that foreign competition prevents them from passing on most carbon compliance costs, according to the National Resources Defense Council.

• Renewable energy: Another bill from Del. Ware (HB 73) would redefine which types of energy facilities are considered in the public interest by Virginia law. It would also nix a requirement for lawmakers to receive a report before the SCC approves an investor-owned electric unit that emits carbon.

• Carbon: A bill from Culpeper Republican Del. Nicholas Freitas (HB 118) would repeal provisions that require the Air Pollution Control Board to reduce carbon dioxide emissions from electricity-generating units and that prevent the board from approving new carbon dioxide-emitting energy projects. It also replaces language positioning solar and wind power as in the public interest with language promoting nuclear energy. Democratic Sen. Ghazala Hashmi of Richmond introduced a bill (SB 272) that would give performance bonuses to contractors who use lower-carbon concrete products in state projects.

• Coal: A bill from Republican Sen. Travis Hackworth of Richlands (SB 120) would have energy from waste coal — a byproduct of coal processing operations — be considered renewable energy. It would also exempt certain coal-fired plants in the coalfield region of Virginia from a state requirement to close carbon-emitting electricity plants by 2045.

• Regional Greenhouse Gas Initiative: The big news on RGGI has come at the executive level, with Gov. Youngkin issuing an executive order over the weekend on withdrawing Virginia from the regional carbon cap and trade program through legislative or regulatory action. But several proposed bills currently operate under the assumption Virginia’s participation will continue, such as Morefield’s flood relief fund. One from Republican Del. Terry Kilgore of Gate City (HB 892) would create a reserve account for companies that had existing power purchase agreements before RGGI. Such entities would buy their carbon credits through RGGI at a discounted rate because of their inability to recover costs associated with the program.

Water and wildlife

• Chesapeake Bay: A bill from Urbanna Republican Del. Keith Hodges (HB 771) would require the state environmental quality department to publicly list on its website the criteria and efforts adopted by Hampton Roads localities concerning Chesapeake Bay Preservation Areas, which have special rules for development to protect wetlands. Another bill from Del. Webert (HB 189) stipulates that an aquaculture lease in Chesapeake Bay waters includes the rights to breed shellfish “by whatever legal means necessary.”

• Algae blooms: Harmful algal blooms are clusters of algae that form when water is warm, slow-moving and full of nutrients, usually due to polluted runoff. Such blooms can threaten human and marine health as well as impact waters used for fishing and tourism. Republican Sen. Mark Peake’s bill (SB 171) would make officials develop a plan for controlling algal blooms when they pop up in state waters. Peake said the bill stems from issues in recent years at Lake Anna, part of which is in his district. Budget amendments previously studied the issue; the legislation would now remedy it, he said. “There are not sufficient steps being taken right now to fix what’s occurring,” the senator said.

• Trees: Legislation about preserving and expanding tree canopy in the commonwealth builds upon others passed in recent years. Convirs-Fowler of Virginia Beach has a bill (HB 541) that would allow local governments to require tree conservation during the land development process. Another from Vienna Democrat Del. Mark Keam (HB 706) cuts in half the time for localities to achieve minimum tree canopies on new developments, from 20 years to 10.

• Native and invasive species: A pair of bills from Northern Virginia Democratic Dels. Bulova (HB 491) and Paul Krizek (HB 314) aim to promote native plant species while discouraging planting invasive ones. The agriculture department has a list of invasive “noxious weeds” that are prohibited from being sold in the commonwealth. But Bulova said current policy makes it difficult to add anything to the list because anything that is deemed commercially viable doesn’t apply. His bill would amend that definition to “commercially significant,” making it a bit easier for officials to add invasive species to the no-go list. It also has a consumer education piece by giving out signs to nurseries and plant retail stores listing invasive species. Krizek’s bill directs the state to develop such retail signs, as well as labels for retail plants indicating whether they are native or invasive.

Katherine Hafner, 757-222-5208, katherine.hafner@pilotonline.com