An Act to amend and reenact § 62.1-44.15:28, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to stormwater management; proprietary best management practices; emergency.

This bill would direct the State Water Control Board to update its regulations providing for the certification and use of a proprietary best management practice (BMP) if another state regional or national program has verified its nutrient or sediment removal effectiveness and its having met or exceeded all of such program’s established test protocol requirements. Currently the BMP may only be used if another certification program has verified and certified its nutrient or sediment removal effectiveness. The bill also directs the Department of Environmental Quality to prioritize review of any proprietary BMP that was on the Virginia Stormwater BMP Clearinghouse prior to December 31, 2021 that submits documentation of verification of effectiveness by another state regional or national program.