Chesapeake Bay; wastewater treatment, Enhanced Nutrient Removal Certainty Program established. (HB2129)

Introduced By

Del. Alfonso Lopez (D-Arlington) with support from 11 copatrons, whose average partisan position is:

Those copatrons are Del. Dawn Adams (D-Richmond), Del. David Bulova (D-Fairfax), Del. Betsy Carr (D-Richmond), Del. Dan Helmer (D-Fairfax Station), Del. Patrick Hope (D-Arlington), Del. Mark Keam (D-Vienna), Del. Kathleen Murphy (D-McLean), Del. Ken Plum (D-Reston), Del. David Reid (D-Loudoun), Del. Marcus Simon (D-Falls Church), Del. Shelly Simonds (D-Newport News)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Chesapeake Bay; wastewater treatment; Enhanced Nutrient Removal Certainty Program. Requires the State Water Control Board to adopt regulations establishing a Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program (ENRC Program), consisting of a number of total nitrogen and total phosphorous waste load allocation reductions assigned to particular water treatment facilities with schedules for compliance. The bill provides that the ENRC Program shall operate in lieu of certain Chesapeake Bay waste load regulations. The bill directs the Board to modify affected discharge permits to incorporate the provisions of the ENRC Program and requires certain compliance plans due from treatment works beginning February 1, 2023, to address the requirements of the ENRC Program. The bill provides that the funding of certain design and installation costs for implementing nutrient upgrades pursuant to the ENRC Program shall be eligible for grants from the Water Quality Improvement Fund. The bill lists the projects and the total nitrogen or total phosphorus waste load allocation reductions that specified facilities are to complete. The bill provides that when grants to finance nutrient removal technology reach a sum sufficient to fund the completion of the ENRC Program at all publicly owned treatment works, certain General Assembly committees shall review funding needs and mechanisms. The bill provides that the ENRC Program shall be deemed to implement through January 1, 2026, the Chesapeake Bay Phase III Watershed Implementation Plan. The bill provides that if, after July 1, 2026, Virginia has not achieved its nitrogen pollution reduction commitments in the Phase III Watershed Implementation Plan, the Secretary of Natural Resources may develop an additional watershed implementation plan. This bill is identical to SB 1354. Read the Bill »


03/25/2021: signed by governor


01/12/2021Prefiled and ordered printed; offered 01/13/21 21102709D
01/12/2021Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/15/2021Assigned ACNR sub: Chesapeake
01/25/2021House subcommittee amendments and substitutes offered
01/25/2021Subcommittee recommends reporting with substitute (7-Y 1-N)
01/25/2021Subcommittee recommends referring to Committee on Appropriations
01/27/2021House committee, floor amendments and substitutes offered
01/27/2021Reported from Agriculture, Chesapeake and Natural Resources with substitute (18-Y 4-N) (see vote tally)
01/27/2021Referred to Committee on Appropriations
01/27/2021Committee substitute printed 21103828D-H1
01/27/2021Assigned App. sub: Commerce Agriculture & Natural Resources
01/29/2021Subcommittee recommends reporting (6-Y 1-N)
01/29/2021Reported from Appropriations (14-Y 8-N) (see vote tally)
02/01/2021Read first time
02/02/2021Impact statement from DPB (HB2129H1)
02/02/2021Read second time
02/02/2021Committee substitute agreed to 21103828D-H1
02/02/2021Engrossed by House - committee substitute HB2129H1
02/03/2021Read third time and passed House (58-Y 39-N)
02/03/2021VOTE: Passage (58-Y 39-N) (see vote tally)
02/04/2021Constitutional reading dispensed
02/04/2021Referred to Committee on Agriculture, Conservation and Natural Resources
02/05/2021Continued to 2021 Sp. Sess. 1 in Agriculture, Conservation and Natural Resources (14-Y 0-N) (see vote tally)
02/16/2021Senate committee, floor amendments and substitutes offered
02/16/2021Reported from Agriculture, Conservation and Natural Resources with substitite (13-Y 0-N) (see vote tally)
02/16/2021Committee substitute printed 21200270D-S1
02/16/2021Rereferred to Finance and Appropriations
02/17/2021Impact statement from DPB (HB2129S1)
02/22/2021Reported from Finance and Appropriations (14-Y 0-N)
02/24/2021Constitutional reading dispensed (39-Y 0-N)
02/25/2021Read third time
02/25/2021Reading of substitute waived
02/25/2021Committee substitute agreed to 21200270D-S1
02/25/2021Engrossed by Senate - committee substitute HB2129S1
02/25/2021Passed Senate with substitute (38-Y 1-N)
02/25/2021Placed on Calendar
02/25/2021Senate substitute agreed to by House 21200270D-S1 (63-Y 34-N)
02/25/2021VOTE: Adoption (63-Y 34-N)
03/09/2021Bill text as passed House and Senate (HB2129ER)
03/09/2021Signed by President
03/11/2021Signed by Speaker
03/15/2021Enrolled Bill communicated to Governor on March 15, 2021
03/15/2021G Governor's Action Deadline 11:59 p.m., March 31, 2021
03/25/2021G Approved by Governor-Chapter 363 (effective 7/1/21)
03/25/2021G Acts of Assembly Chapter text (CHAP0363)

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