Air emissions control; Department of Environmental Quality shall promulgate regulations. (SB651)

Introduced By

Sen. Phil Puckett (D-Tazewell) with support from co-patron Sen. Ryan McDougle (R-Mechanicsville)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Air emission controls. Establishes a phased schedule for electric generating units in Virginia to reduce their emissions of sulfur dioxide, nitrogen oxide, and mercury. The Air Pollution Control Board is charged with promulgating the regulations that require specific numerical reductions in each pollutant. The bill allows regulated facilities to participate in the EPA-administered cap and trade system; however, the Board can prohibit facilities in nonattainment areas from purchasing allowances in order to meet their NOx and SO2 obligations. The bill also requires the Board to adopt the federal Clean Air Mercury Rule as well as adopt a state-specific rule for mercury. Under the state specific rule, smaller electric generating units would be able to participate in the trading program. The medium size systems (American Electric Power) would not be able to demonstrate compliance under the state-specific rule by purchasing credits, but would be (i) allowed to obtain credits from facilities within their system and within 200 km of the Virginia border and (ii) able to sell excess credits. Although large systems (Dominion Resources) would not be able to demonstrate compliance under the state-specific rule by purchasing credits, they would be able to sell excess credits and would be able to use credits from Virginia facilities within their system to demonstrate compliance. Dominion Resources would be required to demonstrate early reductions in NOx during 2007 and 2008, and these reductions can be banked or sold and used to demonstrate compliance in 2009. The Board is prohibited from imposing anything more stringent than the federal Maximum Achievable Control Technology rule for coke ovens for air toxics and steel smelters that accept scrap metal from automobile recycling subject to the mercury switch recycling program. Under the bill, the Department of Environmental Quality is required to conduct a detailed assessment of mercury deposition in Virginia to determine whether there is justification to undertake additional measures to control mercury emissions in Virginia. The Department's findings and recommendations are to be reported to the committees of oversight no later than October 15, 2008. This bill is identical to HB 1055. Read the Bill »


04/19/2006: enacted


01/18/2006Presented and ordered printed 063876792
01/18/2006Referred to Committee on Agriculture, Conservation and Natural Resources
01/24/2006Assigned ACNR sub: Emission Control
01/30/2006Fiscal impact statement from DPB (SB651)
02/06/2006Reported from Agriculture, Conservation and Natural Resources with substitite SB650"
02/06/2006Committee substitute printed 067273792-S1
02/07/2006Constitutional reading dispensed (39-Y 0-N)
02/07/2006VOTE: (39-Y 0-N)
02/08/2006Read second time
02/08/2006Reading of substitute waived
02/08/2006Committee substitute agreed to 067273792-S1
02/08/2006Engrossed by Senate - committee substitute SB651S1
02/09/2006Fiscal impact statement from DPB (SB651S1)
02/09/2006VOTE: (39-Y 0-N)
02/09/2006Communicated to House
02/14/2006Placed on Calendar
02/14/2006Read first time
02/14/2006Referred to Committee on Agriculture, Chesapeake and Natural Resources
02/22/2006Reported from Agriculture, Chesapeake and Natural Resources with substitute (2SB651"
02/23/2006Read second time
02/24/2006Passed by for the day
02/27/2006Read third time
02/27/2006Committee substitute agreed to 067283792-H1
02/27/2006Engrossed by House - committee substitute SB651H1
02/27/2006Passed House with substitute BLOCK VOTE (100-Y 0-N)
02/27/2006VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
03/01/2006House substitute agreed to by Senate (40-Y 0-N)
03/01/2006VOTE: (40-Y 0-N)
03/08/2006Bill text as passed Senate and House (SB651ER)
03/09/2006Signed by President
03/09/2006Signed by Speaker
03/16/2006Fiscal impact statement from DPB (SB651ER)
04/11/2006Governor's recommendation received by Senate
04/18/2006Placed on Calendar
04/19/2006Senate concurred in Governor's recommendation (37-Y 0-N)
04/19/2006VOTE: (37-Y 0-N)
04/19/2006House concurred in Governor's recommendation (95-Y 0-N)
04/19/2006VOTE: ADOPTION (95-Y 0-N)
04/19/2006G Governor's recommendation adopted
04/19/2006Signed by President as reenrolled
04/19/2006Signed by Speaker as reenrolled
04/19/2006Enacted, Chapter 920 (effective 7/1/06)
04/19/2006Reenrolled bill text (SB651ER2)
04/19/2006G Acts of Assembly Chapter text (CHAP0920)