Activities – Virginia Environmental Restoration Association

Activities and Accomplishments

Achieving passage of legislation during the 2023 Virginia General Assembly on (i) expanding certain tidal mitigation bank service areas, (ii) requiring VMRC to update its guidelines so that restoration, enhancement, and other activities may receive credit, and (iii) allowing DEQ to use alternative methods for nutrient credit calculations for practices outside the Chesapeake Bay watershed.
Working on advancing implementation of legislation passed during the 2023 General Assembly Session.
Advocating for appropriate implementation of accelerated stream restoration nutrient credit release guidance.

Achieving passage of legislation during the 2022 Virginia General Assembly on (i) acceleration of nutrient credits from stream restoration projects, and (ii) expanding the use of long-term stewards for nutrient banks.
Defeating legislation during the 2022 Virginia General Assembly on (i) local governments attempts to compete with the private sector, (ii) negatively impacting nutrient bank location and service areas, and (iii) eliminating triggers for use of wetland bank secondary service area.
Drafted guidance for the acceleration of nutrient credits from stream restoration for DEQ’s consideration for the implementation of legislation passed during the 2022 General Assembly Session, much of which was accepted by the agency.
Attended and provided input at DEQ/Corps stakeholder meetings on efforts to improve efficiency and opportunities for mitigation bank development and credit release.
Coordinated with multiple interest groups, federal legislators and DEQ toward increasing the Norfolk District budget to help facilitate faster MBI approvals and credit releases.
Participated in, and provided input for the reports of, DEQ advisory committees on (i) fee structures for nutrient banks, MS4s and stormwater construction permits, (ii) dam removal credits, (iii) land conversion nutrient banks and prime farmland, and (iv) wetland and stream credit demand and supply issues.

Defeated a proposal in the Governor’s introduced budget to establish a 5% fee on nutrient credits sales.
Participated in the development and passage of legislation (HB 1983) creating the opportunity for wetland and stream banks to have “secondary service areas” to expand banks service areas and markets.
Participating as a member of DEQ’s workgroup developing guidance of the local water quality provisions of the nonpoint source nutrient credit certification regulations.
VERA will be involved on two additional DEQ efforts during 2021:
- development of a new fee structure for applications for nutrient banks, VSMP Construction Stormwater General Permits and MS4s.
- a study of the impact of nutrient banks on agricultural lands.

Achieved passage of legislation limiting the ability of local governments and other public bodies to compete against private nutrient banks and providing public bodies with the authority to partner with the private sector for the establishment of nutrient banks (SB 747, HB 1609).
Defeated proposed budget language that would have extending the 6% fee on nutrient credit sales and secured state budget language confirming the September 1, 2020, expiration of the fee.
Defeated legislation that would have provided local governments authority to restrict nutrient bank service areas (HB 116, HB 1393, HB 1464).
Held a meeting with Secretary of Natural Resources regarding potential species mitigation legislation the Northam Administration was considering for the 2021 General Assembly Session.
Participated in an ad hoc workgroup established by Homebuilders of Virginia regarding potential legislation to expand wetland and stream bank service areas.
Coordinated with DEQ on the release of new nutrient bank land conversion rates and a grandfather provision for applications submitted before the new rate’s effective date.
Participated as a member of the workgroup established by DEQ to developed guidance on the local water quality provisions of the Nonpoint Nutrient Credit Certification Regulations.

Advocated for legislation (HB 2403) passed by the General Assembly to assure that appropriate criteria, including avoidance of temporal loss, are considered in DEQ wetland and stream compensatory mitigation decisions.
Developing and implementing a strategy through which the State Water Control Board unanimously voted to delay the local water quality provisions of the Nonpoint Nutrient Credit Certification Regulations until a DEQ work group, including a representative of nutrient bankers, develops guidance on how those provisions will be implemented. Achieved beneficial changes in the phased release of land conversion nonpoint nutrient credits in the nutrient credit certification regulations.
Using the membership’s collective knowledge and experience submitted detailed comments on the:
- proposed revised Virginia Aquatic Resources Trust Fund (VARTF) Program Instrument,
- the VARTF annual report content,
- proposed VARTF advance credit increase in three watersheds,
- Virginia DEQ proposed VARTF reauthorization, and proposed Nonpoint Nutrient Credit Certification Regulations to help protect the private market from overly burdensome and harmful regulations.

Provided detailed comments, followed by meetings with the Corps and Virginia DEQ, to secure important changes to the new Mitigation Banking Instrument Template for wetland and stream banks.
Achieved passage of legislation (HB 574, SB 688) amending the Virginia Public Procurement Act assuring the purchase of (i) stream restoration and (ii) stormwater management practices, and all associated and necessary construction and maintenance, are excluded from a prohibition on using cooperative procurement.
Achieved passage of legislations (SB 576) allowing those engaging in more than one jurisdiction in the creation and operation of a stream restoration project for purposes of reducing nutrients or sediment to submit annual standards and specifications for DEQ as an alternative to submitting soil erosion control and stormwater management plans.