Environmental proceedings; findings of fact. (SB769)

Introduced By

Sen. Bryce Reeves (R-Spotsylvania) with support from co-patron Sen. Joe Morrissey (D-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Environmental proceedings; findings of fact. Directs the Department of Environmental Quality (DEQ) to give deference to findings of fact by a presiding officer based on the evidence presented in any formal proceeding where the parties are operating under a consent decree. The bill directs a court to give deference to a factual recommendation by a hearing officer, and creates a rebuttable presumption with respect to such facts. The bill requires that the Director of the Department give the factual and legal basis for the decision to revoke or amend a solid waste management permit. The bill also directs a court, hearing any decision on review for a formal proceeding initiated prior to July 1, 2020, in which DEQ rejected a recommendation from a hearing officer or presiding officer and for which a final adjudication has not been rendered, to remand the proceeding to establish the findings of fact by a presiding officer explicitly based on the evidence presented at the hearing and to establish the factual and legal basis for the decision prior to rendering such final adjudication. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/08/2020Prefiled and ordered printed; offered 01/08/20 20104943D
01/08/2020Referred to Committee on Agriculture, Conservation and Natural Resources
01/29/2020Impact statement from DPB (SB769)
02/04/2020Committee substitute printed 20107726D-S1
02/04/2020Reported from Agriculture, Conservation and Natural Resources with substitite (15-Y 0-N) (see vote tally)
02/06/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/07/2020Read second time
02/07/2020Reading of substitute waived
02/07/2020Committee substitute agreed to 20107726D-S1
02/07/2020Engrossed by Senate - committee substitute SB769S1
02/07/2020Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/07/2020Passed Senate (39-Y 0-N) (see vote tally)
02/13/2020Placed on Calendar
02/13/2020Read first time
02/13/2020Referred to Committee on Agriculture, Chesapeake and Natural Resources
02/13/2020Assigned ACNR sub: Chesapeake
02/24/2020Subcommittee recommends laying on the table (5-Y 3-N)
03/03/2020Left in Agriculture, Chesapeake and Natural Resources