Lawmakers pass too few good bills and too many that need the boot.
By Stella Koch, Virginia Conservation Advocate
LAND USE AND TRANSPORTATION
There were more than 20 bills proposed that would have given localities additional authority to manage growth. Of those, only a few actually passed. One, Senate Bill (SB) 373 allows localities to use Transfer Development Rights (TDRs) to direct growth to the right places. House Bill 1513 also passed. It requires localities to prepare and consider traffic impact analysis prior to approving changes to zoning ordinances. Although most Northern Virginia counties have been doing this for decades, not all of the Commonwealth jurisdictions have. Many of the proposed growth management bills never reached the floor for a vote, including bills that would have allowed localities to deny requests for changes to zoning ordinances if there was inadequate road capacity; given tax credits for employers who encourage transit use; required more disclosure of conflict of interest in local zoning cases; and, for the third year in row, one that would have required vehicles to stop for pedestrians in crosswalks.
AIR QUALITY
Instead of considering bills that would have required real reductions in air pollutants, the Virginia legislators passed two industry-sponsored bills, SB 651 and its identical HB 1055. These bills allow power plants to participate in the lax Environmental Protection Agency cap and trade system in order to meet their Nox (nitrogen oxide) and SO2 (Sulfur dioxide) and mercury reduction obligations. Permitting mercury trading has dire health implications for those living near a plant releasing unhealthy amounts of mercury that would choose to “trade” their way into compliance. Mercury, unlike other gases, does not easily disperse, and so settles into the areas surrounding these power plants. And these bills permit a power plant, such as the Mirant plant in Alexandria, to buy mercury trading credits from anywhere within a 200-mile radius.
ENERGY
SB 262 is a complex energy bill that does not place enough emphasis on energy conservation; it also opens the door to offshore drilling in Virginia. It was, however, successfully amended in committee so that local zoning and planning and the health and safety of minority communities can be considered in the siting of new energy facilities.
WATER
HB 1185 allows Virginia Department of Environmental Quality (DEQ) authority to regulate surface water (river and stream) withdrawals by agricultural operations only AFTER adverse impacts in streams and rivers have occurred and been documented. This bill opens the possibility of adverse impacts to occur to public water supplies, fish and wildlife populations and habitats, and downstream riparian owners in an effort to provide “water rights” to farmers first. This bill also jeopardizes a four-year effort to ensure a stable water supply for all private and public uses of water in Virginia.
HELP PROTECT VIRGINIA’S ENVIRONMENT
Call or write Gov. Kaine, and ask him to veto these bills (www.governor.viginia.gov or State Capitol, 3rd floor, Richmond, VA 23219 or 804-786-2211)
SB 651/HB 1055, which allows mercury trading and thus, endanger the health of those living near power plants
SB 262, which allows offshore drilling in Virginia’s coastal waters
HB 1185, which allows farmers unregulated withdrawals of water from Virginia’s rivers and streams until adverse impacts occur and are documented.
