1. 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

2. 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

3. Chesapeake Bay Watershed: Development Impacts – 350 Years v. 30 Years
– 1.7 million acres developed in the 6-state watershed
– 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

4. 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

5. 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

6. 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

7. 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; MS and General Permit, Construction GP transferred from DEQ to DCR; CBLAD moved to DCR; CBPA and MS4 localities required to adopt stormwater management plans

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. Questions or Comments. L. Preston Bryant, Jr
Questions or Comments? L. Preston Bryant, Jr. McGuireWoods Consulting

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