Chesapeake Bay; wastewater treatment, Enhanced Nutrient Removal Certainty Program established. (SB1354)

Introduced By

Sen. Emmett Hanger (R-Mount Solon) with support from co-patrons Sen. Barbara Favola (D-Arlington), Sen. Lynwood Lewis (D-Accomac), Sen. Monty Mason (D-Williamsburg), Sen. Jeremy McPike (D-Dale City), and Sen. Joe Morrissey (D-Richmond)


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 HB 2129. Read the Bill »


03/25/2021: signed by governor


01/12/2021Prefiled and ordered printed; offered 01/13/21 21101859D
01/12/2021Referred to Committee on Agriculture, Conservation and Natural Resources
02/04/2021Senate committee, floor amendments and substitutes offered
02/04/2021Reported from Agriculture, Conservation and Natural Resources with substitite (15-Y 0-N) (see vote tally)
02/04/2021Committee substitute printed 21103786D-S1
02/04/2021Rereferred to Finance and Appropriations
02/04/2021Reported from Finance and Appropriations with amendments (14-Y 0-N 1-A) (see vote tally)
02/04/2021Impact statement from DPB (SB1354S1)
02/04/2021Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/05/2021Read second time
02/05/2021Reading of substitute waived
02/05/2021Committee substitute agreed to 21103786D-S1
02/05/2021Reading of amendments waived
02/05/2021Committee amendments agreed to
02/05/2021Engrossed by Senate - committee substitute with amendments SB1354ES1
02/05/2021Printed as engrossed 21103786D-ES1
02/05/2021Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/05/2021Passed Senate (38-Y 0-N) (see vote tally)
02/07/2021Placed on Calendar
02/07/2021Read first time
02/07/2021Referred to Committee on Agriculture, Chesapeake and Natural Resources
02/08/2021Continued to Special Session 1 in Agriculture, Chesapeake and Natural Resources
02/10/2021Reported from Agriculture, Chesapeake and Natural Resources (18-Y 3-N) (see vote tally)
02/10/2021Referred to Committee on Appropriations
02/15/2021Impact statement from DPB (SB1354ES1)
02/15/2021House committee, floor amendments and substitutes offered
02/15/2021Reported from Appropriations with substitute (14-Y 8-N) (see vote tally)
02/15/2021Committee substitute printed 21200201D-H1
02/17/2021Impact statement from DPB (SB1354H1)
02/17/2021Read second time
02/18/2021Read third time
02/18/2021Committee substitute agreed to 21200201D-H1
02/18/2021Engrossed by House - committee substitute SB1354H1
02/18/2021Passed House with substitute (65-Y 35-N)
02/18/2021VOTE: Passage (65-Y 35-N) (see vote tally)
02/22/2021House substitute agreed to by Senate (39-Y 0-N)
02/22/2021Title replaced 21200201D-H1
02/24/2021Bill text as passed Senate and House (SB1354ER)
02/24/2021Signed by President
02/25/2021Impact statement from DPB (SB1354ER)
02/25/2021Signed by Speaker
03/01/2021Enrolled Bill Communicated to Governor on March 1, 2021
03/01/2021G Governor's Action Deadline 11:59 p.m., March 31, 2021
03/25/2021G Approved by Governor-Chapter 364 (effective 7/1/21)
03/25/2021G Acts of Assembly Chapter text (CHAP0364)

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