Coal combustion residuals impoundment; closure of certain CCR units. (SB1355)

Introduced By

Sen. Frank Wagner (R-Virginia Beach) with support from 6 copatrons, whose average partisan position is:

Those copatrons are Del. Elizabeth Guzman (D-Dale City), Sen. Amanda Chase (R-Midlothian), Sen. Roz Dance (D-Petersburg), Sen. Louise Lucas (D-Portsmouth), Sen. Monty Mason (D-Williamsburg), Sen. Scott Surovell (D-Mount Vernon)


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 incorporates SB 1009 and is identical to HB 2786. Read the Bill »


Bill Has Passed


01/08/2019Prefiled and ordered printed; offered 01/09/19 19103057D
01/08/2019Referred to Committee on Agriculture, Conservation and Natural Resources
01/17/2019Rereferred from Agriculture, Conservation and Natural Resources (11-Y 1-N) (see vote tally)
01/17/2019Rereferred to Commerce and Labor
01/23/2019Assigned C&L sub: Coal Ash Subcommittee
01/28/2019Reported from Commerce and Labor with substitute (12-Y 0-N 1-A) (see vote tally)
01/28/2019Committee substitute printed 19105979D-S1
01/28/2019Incorporates SB1009 (Chase)
01/28/2019Incorporates SB1534 (Surovell)
01/28/2019Rereferred to Finance
01/30/2019Reported from Finance with substitute (14-Y 0-N 2-A) (see vote tally)
01/30/2019Committee substitute printed 19106258D-S2
01/30/2019Incorporates SB1533 (Surovell)
01/31/2019Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/01/2019Floor substitute printed 19106346D-S3 (Stuart)
02/01/2019Read second time
02/01/2019Committee substitute rejected 19105979D-S1
02/01/2019Reading of substitute waived
02/01/2019Pending question ordered (24-Y 16-N) (see vote tally)
02/01/2019Committee substitute agreed to 19106258D-S2 (28-Y 12-N) (see vote tally)
02/01/2019Substitute by Senator Stuart ruled out of order 19106346D-S3
02/01/2019Reading of amendments waived
02/01/2019Amendments by Senator Wagner agreed to
02/01/2019Passed by for the day
02/04/2019Reading of amendment waived
02/04/2019Amendment by Senator Chase agreed to
02/04/2019Title replaced 19106258D-S2
02/04/2019Engrossed by Senate - committee substitute with amendments SB1355ES2
02/04/2019Printed as engrossed 19106258D-ES2
02/04/2019Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/04/2019Passed by for the day
02/05/2019Read third time and passed Senate (38-Y 2-N) (see vote tally)
02/05/2019Reconsideration of passage agreed to by Senate (40-Y 0-N) (see vote tally)
02/05/2019Passed Senate (37-Y 2-N 1-A) (see vote tally)
02/08/2019Placed on Calendar
02/08/2019Read first time
02/08/2019Referred to Committee on Agriculture, Chesapeake and Natural Resources
02/13/2019Reported from Agriculture, Chesapeake and Natural Resources (22-Y 0-N) (see vote tally)
02/13/2019Impact statement from DPB (SB1355ES2)
02/14/2019Read second time
02/15/2019Read third time
02/15/2019Passed House (93-Y 2-N)
02/15/2019VOTE: PASSAGE (93-Y 2-N) (see vote tally)
02/19/2019Bill text as passed Senate and House (SB1355ER)
02/19/2019Impact statement from DPB (SB1355ER)
02/19/2019Signed by President
02/19/2019Signed by Speaker
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 651 (effective 7/1/19)
03/19/2019G Acts of Assembly Chapter text (CHAP0651)


Judy Hinch writes:

I would like to know when the Governor passes this bill and also any progress such as when the work is to begin, if there is anyone in the Governor's office who will oversee the enforcement, especially the priority to give local workers the jobs and also local water quality monitoring, etc.