Virginia 2020 General Assembly Recap: Making Waves for Clean Water
In our fight for clean water in the Commonwealth of Virginia, some of the most critical battles are fought in the halls of the state capitol in Richmond. And in the 50-year history of the Virginia Conservation Network, this year's General Assembly session was the busiest. We took a position on 179 bills, in striking contrast to 59 bills last year.
It might feel like many months ago, but before the COVID-19 pandemic turned the world upside down, the 2020 General Assembly made Virginia a national leader in environmental policy. Accomplishments include taking bold action on climate and codifying the environmental justice council, to advancing the Bay cleanup and banning offshore drilling infrastructure from Virginia's waters. Take a closer look at some of our legislative accomplishments in the 2020 session:
The plan to clean up the Chesapeake Bay—HB1422 (Plum) and SB704 (Mason)
This year started the five-year countdown to meet our Chesapeake Bay clean-up goals. As we work to implement the final phase of the Watershed Implementation Plan we must enact policies that reduce pollution while also ensuring those policies have the necessary funding. This session, the legislature passed a plan to reduce pollution from agriculture by fencing cattle from perennial streams and ensuring farms operate under a nutrient management plan. While the suggested $200 million for the Virginia Agricultural Cost Share Program was funded only at $95 million, it was a banner year for the Stormwater Local Assistance Fund at $50 million, and $50 million for upgrading wastewater treatment plants.
Ensuring safe passage for Virginia's wildlife—HB1695 (Bulova) and SB1004 (Marsden)
Virginia has the unfortunate distinction of consistently ranking in the top ten for states with the highest number of deer-vehicle collisions. More than 61,000 collisions were recorded in 2016 alone. By establishing corridors of safe passage for species, we can reduce dangerous collisions with wildlife and combat the impacts of habitat degradation and fragmentation. This year's legislation establishing the Wildlife Corridor Action Plan passed through both chambers with near unanimous consent. With advocacy efforts spearheaded by Wildlands Network and Wild Virginia, these measures will help identify priority projects throughout Virginia to protect and enhance wildlife corridors.
Menhaden fishery finally finds a permanent home—HB1448 (Plum) and SB 1791 (Lewis, Jr.)
After a battle that spanned nearly two decades, the management of the critical menhaden fishery was finally transferred to the Virginia Marine Resources Commission. The menhaden fishery was formerly managed by the General Assembly, which partly led to Virginia falling out of compliance with the federal menhaden management plan of capping harvest numbers. This transfer saved Virginia from receiving a ban on harvesting menhaden from the federal government, which would have severe consequences not only for workers, but also for fisheries and Chesapeake Bay communities that catch and rely on menhaden for bait. Kudos to the Chesapeake Bay Foundation for their tireless work on this bill for many years!
Offshore drilling banned in Virginia's waters—HB706 (Keam) and SB795 (Lewis, Jr.)
With the removal of outdated language from state code, Virginia is now officially on record requesting removal from the federal government's offshore drilling plan. Moreover, the bill prohibits infrastructure in Virginia's state-owned coastal waters from the coastline to three miles out to sea. This process will protect Virginia's coastal economies and environment from the near-shore activities that specifically accompany the offshore oil and gas industry by prohibiting. This victory is thanks to more than a decade of work by groups including, Oceana, Southern Environmental Law Center, Lynnhaven River NOW, SIerra Club, and many, many more.
Keeping human-made chemicals out of our environment, our schools, and our bodies
Shockingly, at least 90 percent of people in the United States have human-made chemicals in their bodies. Exposure to per- and polyfluoroalkyl (PFAS) substances is rampant due to their ubiquitous presence in certain shampoos, paints, food packaging, firefighting foam, and non-stick pans. But a growing public health concern, combined with a lack of federal action to regulate these toxic substances, sparked Virginia to pass several pieces of critical legislation. These bills include action to study the prevalence of PFOA, PFOS, and PFAS in public drinking water (HB586 Guzman), lead testing in public schools (HB797 Askew; SB392 McPike) and child day care programs (HB799 Askew; SB393 McPike), preventing Legionnaires' in public school buildings (SB410 Hashmi), and requiring mold testing in school buildings (SB845 Ebbin). Big shout out to Virginia League of Conservation Voters and James River Association for their efforts on toxics legislation.
Fracking prohibited in Eastern Virginia—SB106 (Surovell)
Hydraulic fracking from oil and gas development poses a sizable risk to water quality and quantity of both ground and surface water that many depend on for drinking and agricultural needs. Virginia took an excellent first step this session towards moving the entire Commonwealth to a frack-free state by prohibiting fracking in the Eastern Virginia Groundwater Management Area, which comprises all of the counties east of I-95 other than the Eastern Shore. Much credit to the Friends of the Rappahannock for spearheading advocacy efforts on this bill.
Keeping plastics out of our waterways
Reducing the amount of plastic used in the Old Dominion received a great deal of attention this session, with a slew of legislation introduced. Through SB11 (Ebbin) and HB534 (Carr), localities are permitted to tax the use of plastic bags. HB1154 (Lopez) increases the litter tax, meaning that more revenue will go towards programs to reduce litter. Unfortunately, the final effort to ban balloon releases (a compromise prohibiting the intentional release of more than one balloon per hour) died in the final week of session. We're expecting another big push to limit plastics next year. Big thanks to Clean Fairfax for their excellent work all session on this legislation.
Securing funding for land conservation programs
Virginia's protected landscapes safeguard our game and non-game wildlife, keep our waterways clean, and help spur our outdoor recreation economy. Crucial to meeting our land conservation goals is fully funding our land conservation grant programs. This year's legislative session saw funding increases of $20 million for the Virginia Land Conservation Fund and $2.5 million for the Battlefield Preservation Fund. However, funding for the Virginia Farmland Preservation Fund fell short of its target and was funded at a level of $500,000.
See the full list of VCN's 179 bill positions from the 2020 General Assembly here.
VCN and our Coalition partners are already preparing our legislative agenda for the 2021 General Assembly. We look forward to working with our regional partners across the Commonwealth in the months to come to advance healthy Virginia water and communities!
Pat Calvert is the Policy and Campaigns Manager at Virginia Conservation Network and Virginia State Lead for the Choose Clean Water Coalition