Virginia Municipal League Environmental Quality Policy Committee House Bill 1774 Del. Keith Hodges (Gloucester) Stormwater & Erosion Control Work Group L. Preston Bryant, Jr. July 21, 2017

VML Policy Statement: Water Resources, Quality & Conservation Point and nonpoint pollution sources continue to create significant challenges in protecting water quality Water resources protection is critical; pollution threats are acknowledged Federal and state governments must recognize local governments cannot bear costs by themselves Dedicated and adequate appropriations are necessary Localities must be allowed to “employ credible and efficacious, low impact water pollution prevention and control measures without the additional burden of securing the prior review and/or permitting of state and federal agencies.” Commonwealth should support “regulatory stability as to existing facilities and their allocation

Chesapeake Bay Watershed: Development Impacts – 350 Years v. 30 Years 1600-1950 – 1.7 million acres developed in the 6-state watershed 1950-1980 – an additional 2.7 million acres developed in the watershed General development trend holds true in fast-growing, densely populated states (VA, MD) Federal and state regulators necessarily looking harder at water quality matters in the watershed

Chesapeake Bay TMDL EPA-driven initiative Computer-model driven (model is being revised) EPA collaborated with all Bay watershed 6 states and DC (emphasis on VA, MD, PA, DC) TMDL focuses on nutrient reductions in: -- wastewater -- agriculture -- urban stormwater

Chesapeake Bay TMDL Each state required to develop a plan to meet pollution (N, P, S) reduction targets in wastewater, agriculture, and urban stormwater EPA gave states reduction targets (based on an advanced computer model), but allows states to develop their own plan (which EPA must approve) State plan = Watershed Implementation Plan (WIP) In Virginia … it’s all about urban stormwater Stormwater = the only major source of water quality impact that is actually becoming a bigger problem

Southern Rivers Watershed It’s not just about the Bay watershed State Water Control Law also refers to the “Southern Rivers” watershed (outside of the Bay watershed) Stormwater and related pollution is a challenge to local waters all over Virginia Virginia regulators focus on “local waters” – streams, rivers, lakes, etc. All waters are important

Stormwater Management: A Complicated History 1973 – Erosion & Sediment Control Law adopted (DCR administers) 1988 – Chesapeake Bay Preservation Act adopted (Chesapeake Bay Local Assistance Board administers) 1989 – Stormwater Management Act adopted 2004 – State Water Control Board / DEQ issue point source permits; DCR administers voluntary stormwater programs; CBLAB administers CBPA; SWCB/DCR administer E&SC Law; MS4 and General Permit, Construction GP transferred from DEQ to DCR; CBLAD moved to DCR; CBPA and MS4 localities required to adopt stormwater management plans

Stormwater Management: A Complicated History 2012 – Integration: Stormwater Management Act, Erosion & Control Law, and CBPA stormwater and erosion/control requirements; all localities required to adopt stormwater management plans 2013 – E&SC, SWMA, CBPA, MS4 permits, and Construction GP transferred to DEQ 2014 – SWMA revised; only MS4 localities required to adopt stormwater management plans; other localities given opt-out option (DEQ to oversee opt-out localities’ stormwater program) 2016 – Hodges work group established

Delegate Hodges: Stormwater Issues & Concerns (select) Unequal outcomes across Virginia, depending on whether a locality is in the Chesapeake Bay watershed, and whether locality is urban or rural Differing interpretations and confusion regarding statutes and regulations A lack of ability to effectively administer water quality programs in a meaningfully and flexible manner Lack of predictability in the process

House Bill 1774 (2017, Del. Hodges) In 2015, DEQ established a Stakeholder Advisory Group to discuss consolidating the Stormwater Management Act and the Erosion & Control Law Resulted in 2016 passage of Virginia Erosion & Stormwater Management Act Consolidates the two laws MS4 localities Localities who choose to operate their own stormwater programs Allows option for localities to rely on DEQ to do stormwater plan reviews Allows option for localities to administer their own E&SC program while DEQ administers stormwater program

House Bill 1774 (2017, Del. Hodges) Conundrum – “Donut holes” If a locality opts out, it still must … Implement stormwater quantity requirements for disturbed sites of 10,000 SF or more If in Chesapeake Bay watershed, administer stormwater management requirements for land disturbances of 2,500 SF up to 1 acre

House Bill 1774 (2017, Del. Hodges) HB 1774 – Purpose Delay 2016 law (consolidating ES&C and VSMP laws) until July 1, 2018 Establish Work Group Includes local governments reps, higher ed, private industry, others Consider Creation of “Rural Development Growth Areas” Development of a “volume credit program” (trading) Fee payments to support regional BMPs Use of stormwater in highway ditches to generate volume credits Facilitated by Virginia Coastal Policy Center (William & Mary Law School) Analysis by Commonwealth Center for Recurrent Flooding Resiliency (Old Dominion University, Virginia Institute for Marine Science) Complete work and report to General Assembly by January 1, 2018

Work Group Proceedings First meeting – July 11, 2017 Focused on a few key areas Overview of water quality trading (existing nutrient credit trading program) Estimating pollution quantities Feasibility of doing water quantity trading ODU & VIMS research and analysis Next meetings August 30, September 27, October 18, November 29

Questions or Comments. L. Preston Bryant, Jr Questions or Comments? L. Preston Bryant, Jr. McGuireWoods Consulting 804.775.1923 pbryant@mwcllc.com

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