Subcommittee adopts amendment to align erosion-control penalties with stormwater law

House Bill 1350, presented by the bill patron, aims to adjust civil-penalty ceilings in the Virginia erosion and sediment control program to be more consistent with the civil penalties available under the state's stormwater program. The sponsor said erosion-control penalty language had not been updated for decades and that allowing DEQ discretion to assess higher civil penalties, scaled to project size and scope, would strengthen deterrence without changing permitting standards.

The sponsor offered a substitute incorporating language negotiated with DEQ to clarify that areas not covered by the Chesapeake Bay Preservation Act would not be misclassified for penalty purposes. Jay Ford of the Chesapeake Bay Foundation, Kim Husky of Shellfish Growers of Virginia, Friends of the Rappahannock and the Virginia Conservation Network testified in support, saying consistent penalties improve compliance and protect water quality. No in-person opposition was recorded.

The committee adopted the substitute and voted to report the bill as amended; the clerk announced "The bill reports 80." The bill will advance with the adopted substitute language attached for consideration by the full committee and the floor.