Subcommittee defers decision on bill that would remove VSMP performance‑bond requirement
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Summary
Senate Bill 617, sponsored for Spotsylvania County, would remove a statutory performance‑bond requirement for VSMP authorities to enter properties for enforcement. The subcommittee paused action to allow further consultations after members raised liability and implementation concerns.
RICHMOND — The Senate subcommittee on water usage took no final action on Senate Bill 617 on stormwater enforcement, instead agreeing to pass the bill for the day to give the sponsor time to consult with the originating locality and address liability and technical questions.
Senator Durant introduced SB 617 on behalf of Spotsylvania County. The bill would remove language requiring Virginia Soil and Water Management Program (VSMP) authorities to hold a performance bond, surety, cash escrow or letter of credit as a condition to enter public or private property to initiate or maintain corrective actions for land‑disturbing activities.
The sponsor told the committee the change responds to ‘‘industrial areas where they had not had compliance’’ and is intended to clarify enforcement authority. ‘‘So the bottom line is this bill is needed to clarify that inspectors have the authority to go on onto certain properties to inspect stormwater facilities to ensure that they are safe and operational,’’ the sponsor said.
Several members questioned the removal of a financial assurance mechanism. Senator Bill Shorty Stanley asked what would cover damages or injuries if a locality enters private property without a bond, saying ‘‘this kind of removes that protection for the locality.’’
DEQ Director Michael Krolban said the administration had no position on the bill but raised technical concerns, including that the amendment could create two different sets of standards among localities that perform both stormwater and erosion control and those that do only erosion control.
Chair and sponsor agreed the bill would be taken back for further local consultation. The committee voted to pass SB 617 for the day and will reconsider it after the sponsor meets with the locality and addresses the implementation issues raised.
Next steps: Sponsor to consult with Spotsylvania County and report back; committee will reconsider SB 617 at a future meeting.