Stormwater management regulations; localities outside Chesapeake Bay watershed.
Summary
SB 1365 would create a new Code of Virginia section governing how state stormwater regulations are applied in localities that are entirely outside the Chesapeake Bay watershed. In those localities, the State Water Control Board and the Department of Environmental Quality would be required to use the stormwater regulations that were in effect before July 1, 2014, rather than newer standards adopted after that date, when setting minimum design criteria for controls addressing nonpoint source pollution, localized flooding, and stream channel erosion.
The bill is narrowly targeted and expressly leaves unchanged the rules that apply within the Chesapeake Bay watershed. It also preserves the Department’s federal permitting authority delegated by the U.S. Environmental Protection Agency, meaning the bill would adjust state-level stormwater design standards outside the Bay watershed without altering federal permitting responsibilities.
Impact
If enacted, the bill would amend Virginia’s stormwater management framework by adding a locality-based distinction to existing regulations under Title 62.1. It would direct the Board and DEQ to apply older pre-July 1, 2014 regulations in localities wholly outside the Chesapeake Bay watershed, potentially reducing regulatory requirements for some local governments, developers, and landowners in those areas. The bill would not change the law for land within the Chesapeake Bay watershed and would not affect EPA-delegated permitting authority.
Sentiment
The available legislative history suggests limited controversy and weak opposition. The bill was stricken at the patron’s request in committee by a unanimous 14-0 vote, which typically indicates the patron chose not to advance the measure further rather than the committee rejecting it on the merits. No committee transcript is available, so there is little evidence of extended debate or divided views in the record provided.
Contention
The main policy issue is the difference in stormwater regulatory standards between Chesapeake Bay watershed localities and those outside it. Supporters of the bill would likely view the proposal as a way to ease compliance burdens in non-Bay localities and restore older, less stringent standards for managing runoff and erosion. Potential concerns would come from environmental and stormwater management interests that may prefer uniform, updated standards to better address pollution, flooding, and stream erosion. However, because the bill was stricken at the patron’s request, no recorded committee dispute is available.