SB 843

            
2020 SESSION

20102941D

SENATE BILL NO. 843


Offered January 8, 2020


Prefiled January 8, 2020

A BILL to amend the Code of Virginia by adding sections 
 numbered 62.1-44.15:27.4 and 62.1-44.15:56.1, relating to stormwater and erosion 
 and sediment control; acceptance of plans in lieu of plan review.
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Patron-- Petersen

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Referred to Committee on Agriculture, Conservation and Natural Resources

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Be it enacted by the General Assembly of Virginia:
 
 
1. That the Code of Virginia is amended by adding sections 
 numbered 62.1-44.15:27.4 and 62.1-44.15:56.1 as follows:
 
 
� 62.1-44.15:27.4. Department 
 acceptance of plans in lieu of plan review.
 
 
A. Notwithstanding 
 any other provision of this article, the Board, when administering a VSMP or 
 VESMP pursuant to Article 2.3 (� 62.1-44.15:24 et seq.), may choose to accept a 
 set of plans and supporting calculations for any land-disturbing activity 
 determined to be de minimus using a risk-based approach established by the 
 Board.
 
 
B. The Board is 
 authorized to accept such plans and supporting calculations in satisfaction of 
 the requirement of this article that it retain a certified plan reviewer or 
 conduct a plan review. This section shall not excuse any applicable performance 
 bond requirement pursuant to � 62.1-44.15:34 or � 62.1-44.15:57.
 
 
� 62.1-44.15:56.1. 
 Department acceptance of plans in lieu of plan review.
 
 
A. Notwithstanding 
 any other provision of this article, the Department, when administering a VESCP 
 pursuant to Article 2.4 (� 62.1-44.15:51 et seq.), may choose to accept a set 
 of plans and supporting calculations for any land-disturbing activity 
 determined to be de minimus using a risk-based approach established by the 
 Board. 
 
 
B. The Department is 
 authorized to accept such plans and supporting calculations in satisfaction of 
 the requirement of this article that it retain a certified plan reviewer or 
 conduct a plan review. This section shall not excuse any applicable performance 
 bond requirement pursuant to � 62.1-44.15:57.
 
 
2. That the State Water Control Board (the Board) shall adopt 
 regulations to implement the requirements of �� 62.1-44.15:27.4 and 
 62.1-44.15:56.1 of the Code of Virginia as created 
 by this act. The initial adoption of such regulations shall be exempt from the 
 requirements of Article 2 (� 2.2-4006 et seq.) of Chapter 
 40 of Title 2.2 of the Code of Virginia. However, the Board shall (i) 
 provide a Notice of Intended Regulatory Action, (ii) form a stakeholder 
 advisory group, (iii) provide a 60-day public comment period prior to the 
 Boards adoption of the regulations, and (iv) provide a written summary of 
 comments received and responses to comments prior to the Boards adoption of 
 the regulations.