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

Introduced By

Del. Alfonso Lopez (D-Arlington) with support from co-patrons Del. David Bulova (D-Fairfax), and Del. Ken Plum (D-Reston)


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 by June 30, 2022, 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 by 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 ENRC Program is required to proceed regardless of whether such grants will exceed the available funds in the Fund for a given fiscal year. 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. Finally, the bill directs the State Water Control Board to convene a stakeholder group during the adoption of regulations required to carry out the provisions of the bill and provides that such adoption by the Board shall be exempt from certain procedures of the Administrative Process Act. The bill provides that the priority projects and waste load allocation reductions that it sets forth shall be deemed to implement goals of the Chesapeake Bay Phase III Watershed Implementation Plan. Read the Bill »


01/12/2021: Awaiting a Vote in the Agriculture, Chesapeake and Natural Resources Committee


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

Duplicate Bills

The following bills are identical to this one: SB1354.

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