Adds the City of Chesapeake to the list of localities that may establish reasonable testing requirements to determine compliance with existing federal or state drinking water quality standards and require that such testing be done prior to the issuance of building permits.
Virginia Legislative Tracking Summary
With the 2022 Legislative year beginning, the Water Utility Committee has posted bills below for your information and review.
The bills listed below are specific to Drinking Water and Water Utilities. A complete list of bills involving groundwater, wastewater, stormwater, etc., download the weekly report.
Note: Descriptions summarize bills as introduced. Due to amendments throughout the legislative session, the substance of the bill following the introduction may differ from the summary description. Please refer to the bill text for current provisions. Links are provided for your convenience.
Provides that the regulations that the Board of Health is required to adopt under current law establishing maximum contaminant levels (MCLs) in all water supplies and waterworks in the Commonwealth for (i) perfluorooctanoic acid, perfluorooctane sulfonate, and such other perfluoroalkyl and polyfluoroalkyl substances as the Board deems necessary, (ii) chromium-6, and (iii) 1,4-dioxane shall become effective on or after July 1, 2025.
Directs the SWCB to consider existing interjurisdictional arrangements in designating comprehensive water supply regional planning areas and to provide a mechanism for a locality to request a change of its designated regional planning area to an adjoining planning area. https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+HB1297
Adds the City of Chesapeake to the list of localities that may establish reasonable testing requirements to determine compliance with existing federal or state drinking water quality standards and require that such testing be done prior to the issuance of building permits.
Directs the Commissioner of Health to convene a work group to study the occurrence of PFAS, including PFOA, PFOS, PFBA, PFHpA, PFHxS, PFNA, HFPO-DA, PFHxA, PFPeA, and PFBS, in drinking water in the Commonwealth. The work group shall report its findings and recommendations by December 1, 2023.
Prohibits the siting of a new municipal solid waste landfill within one mile upgradient of any existing private well. https://lis.virginia.gov/cgi-bin/legp604.exe?ses=221&typ=bil&val=hb1200
Requires the SCC, in any ratemaking proceeding for an investor-owned utility authorized to furnish water or water and sewer service initiated after January 1, 2022, to evaluate such utility on a stand-alone basis and, for purposes of establishing any revenue requirement and rates, utilize such utility's actual end-of-test period capital structure and cost of capital without regard to the cost of capital, capital structure, or investments of any other entities with which such utility may be affiliated. Requires SCC, in all proceedings initiated after January 1, 2022, in which SCC reviews the rates and associated earnings of an investor-owned utility authorized to furnish water or water and sewer service, to conduct such review utilizing the same cost of capital and capital structure adopted in the utility's most recent rate case in which such rates were set, without regard to later changes in the cost of capital or capital structure.
Requires localities that adopt subdivision ordinances that permit subdividers or developers to install certain utilities to provide within that ordinance the subdivider's or developer's entitlement to pro rata reimbursement for costs of such installations. Under current law, localities are permitted to provide such entitlement but are not required to do so.
Requires the State Corporation Commission, in any ratemaking proceeding for an investor-owned utility authorized to furnish water or water and sewer service initiated after January 1, 2022, to evaluate such utility on a stand-alone basis and, for purposes of establishing any revenue requirement and rates, utilize such utility's actual end-of-test period capital structure and cost of capital without regard to the cost of capital, capital structure, or investments of any other entities with which such utility may be affiliated.
Requires the SCC to establish by regulation exemptions to termination of service by a public utility that provides electric, gas, water, and wastewater services for certain customers. The bill requires such regulations to require a public utility to delay termination of service for any residential customer (i) who has not filed a serious medical condition form with the public utility for 15 calendar days, upon oral or written notification from the residential customer that such customer or a family member residing with the customer has a serious medical condition; for such customers, the utility shall delay disconnection for at least 60 calendar days upon receiving a serious medical condition form during the 15-day period; (ii) who has filed a serious medical condition form with the public utility; for at least 60 days beyond the expiration of any required notice; (iii) who is experiencing financial hardship and whose serious medical condition will last beyond the 60-calendar-delay period described in clause (ii); for such customers, the utility shall work to establish a payment plan and make all due effort to avoid service termination; or (iv) who certifies to the utility that the customer's household includes primary residents who are not younger than 65 years of age, not older than 12 months of age, or have a disability; for minimum of 60 calendar days beyond expiration of notice.
Prohibits electric, gas, water, and wastewater utilities from disconnecting service to a residential customer for nonpayment of bills or fees during a declared state of emergency, emergency, major disaster, disaster, resource shortage, or local emergency, as those terms are defined in the Code. The prohibition lasts for 60 days after the state of emergency, emergency, major disaster, disaster, resource shortage, or local emergency has ended, or state or local officials determine that the prohibition need no longer be in place.
Prohibits a broadband provider or a public utility from charging (i) a residential customer a late payment fee or similar penalty that exceeds the lesser of 2.5 percent of the balance due or $5 or (ii) any interest on a residential customer's outstanding balance. The bill provides that "public utility" includes utilities that are not subject to the jurisdiction of the SCC and that provide electric, gas, or water or wastewater service in the Commonwealth.
Prohibits telecommunications electric, gas, water, and wastewater utilities and broadband companies from disconnecting service to a residential customer for nonpayment of bills or fees during a declared state of emergency, emergency, major disaster, disaster, resource shortage, or local emergency, as those terms are defined in the Code. The bill provides that the prohibition lasts for 60 days after the state of emergency, emergency, major disaster, disaster, resource shortage, or local emergency has ended, or state or local officials determine that the prohibition need no longer be in place, whichever occurs first. The bill further prohibits electric, gas, water, or wastewater utilities from disconnecting service to a residential customer for nonpayment of bills or fees during the heating period of each year, during the cooling period of each year, when the forecasted temperature low is below 32º Fahrenheit or the forecasted temperature high is to exceed 95 º Fahrenheit, and during, as declared by the National Weather Service, a winter storm watch or warning, winter weather advisory, freeze warning, heat advisory, or excessive heat watch or warning. Prior to disconnecting a residential customer for the repayment of bills, the utility shall apply any available resources to help reduce the customer's debt or enroll the customer in a repayment plan.
Provides that in any annual rate review of a public utility by the State Corporation Commission, the Commission may find that the rates of a public utility, including an investor-owned incumbent electric utility, are not just and reasonable and may take corrective action. Under the bill, the Commission may conduct an investigation into the rates of any public utility on its own initiative or upon application by an affected party. Additionally, when capped rates of service for investor-owned incumbent electric utilities expire or terminate, the bill permits the Commission to find that the rates are not just and reasonable and take corrective action.
KEY DATES for the 2022 General Assembly Session
Jan. 12 – Session convenes; pre-filed bill introduction deadline
Jan. 14 – Budget amendment and bill drafting request deadline (5pm)
Jan. 21 – Last day to introduce legislation (3pm)
Feb. 15 – Crossover deadline; beginning Feb. 16 each house may only consider the other’s bills
Feb. 20 – Money Committees Complete work on its own Budget Bill
Feb. 22 – Budget Amendments available by noon
Mar. 2 – Each house to complete work on other house’s Budget Bill and appoint conferees
Mar. 12 – Adjournment Sine Die
April 27 – Reconvened Session (“Veto Session”)
Virginia Regulatory Updates
With so much happening in the regulatory world, below are some highlights of actions and changes that Virginia Water Utilities might need to be aware of.
January 10, 2022 - HB586 PFAS Study Report Released
January 5, 2022 - Governor-Elect Youngkin Announces Selection of Natural Resouces Secretary and Director of Environmental Quality
December 20, 2021 - Northam reverses decision to lay-off VDH-ODW Staff
December 16, 2021 - EPA Announces Intent to Strengthen Lead and Copper Regulations, Support Proactive Lead Service Line Removal Across the Country
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