Coal combustion residuals impoundment; closure of certain CCR units. (HB2786)

Introduced By

Del. Riley Ingram (R-Hopewell) with support from co-patrons Del. Terry Kilgore (R-Gate City), Del. Danny Marshall (R-Danville), Del. Luke Torian (D-Woodbridge), and Del. Tony Wilt (R-Harrisonburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Coal combustion residuals impoundment; closure. Requires the owner or operator of any coal combustion residuals (CCR) unit, defined in the bill to include a coal ash pond or landfill, within the Chesapeake Bay watershed at Bremo Power Station, Chesapeake Energy Center, Chesterfield Power Station, and Possum Point Power Station to close such CCR unit by removing all of the CCR for (i) recycling, known as encapsulated beneficial use, or (ii) deposition in a permitted and lined landfill that meets certain federal standards. The measure requires that any owner or operator beneficially reuse no less than 6.8 million cubic yards in aggregate of such removed CCR from no fewer than two of the sites. Such a closure project shall be completed within 15 years of its initiation and shall be accompanied by an offer by the owner or operator to provide connection to a municipal water supply for every residence within one-half mile, or if such connection is not feasible, the owner or operator shall offer to provide water testing for any such residence. The bill provides that if the owner or operator moves CCR off-site, it shall develop a transportation plan in consultation with any county, city, or town in which the CCR units are located and any county, city, or town within two miles of the CCR units, for any truck transportation that minimizes the effects on adjacent property owners and surrounding communities. The bill requires the owner or operator of a CCR unit to accept and review on an ongoing basis sufficiently detailed proposals to beneficially reuse any CCR that are not already subject to a removal contract. The bill requires that any entity conducting the closure work (i) identify options for utilizing local workers, (ii) consult with the Commonwealth's Chief Workforce Development Officer on opportunities to advance the Commonwealth's workforce goals, and (iii) give priority to the hiring of local workers. The bill requires the CCR unit owner or operator to submit two biennial reports beginning October 1, 2022, and continuing until closure of all of its CCR units is complete. One report describes closure plans, progress, a detailed accounting of the amounts of CCR that have been beneficially reused and the amount of CCR that have been landfilled, the utilization of transportation options, water monitoring results, and other aspects of the closure process; the other report contains the beneficial reuse proposals that the owner or operator has received and its analysis of such proposals. The measure provides that all costs associated with closure of a CCR unit shall be recoverable through a rate adjustment clause authorized by the State Corporation Commission (the Commission) provided that (i) when determining the reasonableness of such costs the Commission shall not consider closure in place of the CCR unit as an option and (ii) the annual revenue requirement recoverable through a rate adjustment clause shall not exceed $225 million on a Virginia jurisdictional basis for the Commonwealth in any 12-month period, provided that any under-recovery amount of revenue requirements incurred in excess of $225 million in a given 12-month period shall be deferred and recovered through the rate adjustment clause over up to three succeeding 12-month periods. The bill provides that costs may begin accruing on July 1, 2019, but no approved rate adjustment clause charges shall be included in customer bills until July 1, 2021; any such costs shall be allocated to all customers of the utility in the Commonwealth as a non-bypassable charge, irrespective of the generation supplier of any such customer; and any such costs that are allocated to the utility's system customers outside of the Commonwealth that are not actually recovered from such customers shall be included for cost recovery from jurisdictional customers in the Commonwealth through the rate adjustment clause. The measure prohibits cost recovery for any fines or civil penalties resulting from violations of federal or state law. This bill is identical to SB 1355. Read the Bill »


Bill Has Passed


01/18/2019Presented and ordered printed 19105272D
01/18/2019Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/21/2019Assigned ACNR sub: Subcommittee #3
01/30/2019House subcommittee amendments and substitutes offered
01/30/2019Reported from Agriculture, Chesapeake and Natural Resources with substitute (22-Y 0-N) (see vote tally)
01/30/2019Committee substitute printed 19105744D-H1
01/31/2019Read first time
02/01/2019Passed by for the day
02/04/2019Read second time
02/04/2019Committee substitute agreed to 19105744D-H1
02/04/2019Engrossed by House - committee substitute HB2786H1
02/05/2019Read third time and passed House (95-Y 3-N)
02/05/2019VOTE: PASSAGE (95-Y 3-N) (see vote tally)
02/06/2019Constitutional reading dispensed
02/06/2019Referred to Committee on Commerce and Labor
02/11/2019Reported from Commerce and Labor with substitute (15-Y 0-N) (see vote tally)
02/11/2019Committee substitute printed 19106661D-S1
02/13/2019Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/13/2019Impact statement from DPB (HB2786S1)
02/14/2019Read third time
02/14/2019Reading of substitute waived
02/14/2019Committee substitute agreed to 19106661D-S1
02/14/2019Engrossed by Senate - committee substitute HB2786S1
02/14/2019Passed Senate with substitute (38-Y 2-N) (see vote tally)
02/18/2019Placed on Calendar
02/18/2019Senate substitute agreed to by House 19106661D-S1 (96-Y 2-N)
02/18/2019VOTE: ADOPTION (96-Y 2-N) (see vote tally)
02/19/2019Bill text as passed House and Senate (HB2786ER)
02/19/2019Impact statement from DPB (HB2786ER)
02/19/2019Signed by Speaker
02/19/2019Signed by President
02/19/2019Enrolled Bill communicated to Governor on February 19, 2019
02/19/2019G Governor's Action Deadline Midnight, March 25, 2019
03/19/2019G Approved by Governor-Chapter 650 (effective 7/1/19)
03/19/2019G Acts of Assembly Chapter text (CHAP0650)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 30 seconds.