 | By Corrina BeallLegislative and Political Director |
The General Assembly finished its whirlwind 45-day session on Saturday, February 25. Governor Terry McAuliffe has already acted on some of the bills that passed and will have until March 27 to act on the remaining bills. Under Virginia law, the governor can sign, veto, or amend the bills for legislators’ consideration.
Victory on Fracking!
Two dangerous bills in each chamber of the General Assembly were defeated this year. HB1678 and its companion SB1292 called for a Freedom of Information Act exemption that would have automatically bared all access to “trade secret” information about chemicals used in fracking. HB1679 and SB1291 went even further to negate three years of regulatory work on fracking chemical disclosure by adding a new mandatory trade secret exemption from FOIA to Virginia’s updated fracking standards.
Virginia’s recently adopted state regulations require drilling permit applications to include a list of ingredients anticipated to be used in any hydraulic fracturing operations, with the applicant required to identify any ingredients claimed to be trade secrets and the department tasked with determining whether trade-secret protection applies.
The oil and gas industry agreed to concessions that would have required disclosure of the chemical name and abstract number of all substances used during fracking, when large volumes of water and small concentrations of chemicals are pumped into wells to fracture rock formations and keep the fissures open so oil and gas can be extracted. Remaining protected from disclosure, and unavailable to such agencies as the Department of Environmental Quality and the Virginia Department of Health, however, were the exact concentrations of those chemicals.
DEQ, DMME and VDH were instrumental in defeating these regulations. They refused to compromise with the oil and gas industry—and the united front presented by the Administration, regulating authorities and environmentalists sealed the fate of the industry bills.
Governor McAuliffe Vetoes Tax Credits for Big Coal
During the last week of the Legislative Session, the Governor vetoed reinstating coal tax credits.
Last year, McAuliffe's veto pen ended decades of corporate welfare for big coal last year, and Virginia taxpayer dollars no longer subsidize bad actors like Alpha Natural Resources. This year, Senator Chafin and Delegate Kilgore tried to bring back the tax credits—and they almost succeeded. Sixty-five of 100 Delegates voted to subsidize coal mining—including four Democrats: Delegates Hayes, Heretick, James and Torian. The majority of the Senate voted yes on HB2198—including four Democrats: Senators Barker, Edwards, Lewis and Marsden.
Positive Momentum on Coal Ash
A coal ash bill is headed for the Governor’s desk. Under the legislation passed by the General Assembly, when seeking a “dewatering” permit, Dominion would have to conduct an assessment that:
•Describes any water pollution from the coal ash pond and possible solutions
•Examines the feasibility of recycling the coal ash
•Evaluates the possibility of removing the coal ash to a lined landfill
•Demonstrates the “long-term safety” of the closed coal ash pond
The legislation establishes a Jan. 1, 2018, deadline for the company to submit a report to regulators and lawmakers. A crucial provision, which required that no permits be issued before the assessments have been reviewed and evaluated by state officials, was stripped out of the bill by the House of Delegates.
Senator Amanda Chase (R-Chesterfield), co-patron of the legislation, is now asking the Governor to attach an amendment to the bill requiring a one-year “cooling off period” before DEQ can issue the permits Dominion needs to complete the closure of coal ash containment ponds at four of its Virginia facilities. Chase wants to have Dominion’s report in hand before the company begins covering the dry ash with a synthetic liner and multiple layers of dirt – a process known as “capping in place.”
Despite Dominion’s opposition to this bill’s passage, environmental interests and a bi-partisan group of legislators were successful in getting this legislation passed. The Chesterfield delegation, including future Speaker of the House Delegate Kirk Cox (R-Chesterfield) were instrumental in garnering support for this legislation.
Win on Community Solar
Over 1,300 folks took action this year to express their support for Senate Bill 1393, and now a solar program is moving forward. This bill creates a three-year pilot program for utility-administered "community solar." The program will guarantee growth in the solar industry in the Commonwealth, with a minimum utility commitment to build 10.5 megawatts (MW) of solar, while simultaneously providing access for those who either cannot afford the upfront cost or whose homes are not suitable for solar power.
The utilities will contract for the output of solar facilities to be built in Virginia and will sell the electricity to subscribers under programs to be approved by the State Corporation Commission. Critical details such as the price of the offering will be determined during a proceeding before the SCC. This program creates a real opportunity to expand access to solar power in Virginia.
Redistricting Reform Bills Defeated
This year, anti-gerrymandering bills were dispatched with extra vigor and swiftness. On party-line votes, the House rejected two Senate resolutions that would have put redistricting reform on the statewide ballot in 2018 and a Senate bill that would have created an interim redistricting commission to redraw the lines if state and congressional district lines are declared unconstitutional.