Yesterday the Senate took up HB 1300 sponsored by Terry Kilgore (R-Scott) which sought to limit the ability of our State Air Board to prohibit emissions trading in "non-attainment" areas.

The issue is complicated but let me take a run at it ....

The state Air Board issues "air permits" for power plants that emit carbons and other pollutants.  These emissions, while necessary for industry, also deplete the ozone and significantly degrade air quality. 

In northern Virginia, we are designated as "non-attainment," which means that our air quality, especially during the summer, does not meet the minimum threshold requirements set by the EPA. 

As a result, northern Virginia local leaders have tried to limit emissions by local power plants, the most significant one being the Mirant plant in Alexandria.  In 2006, the legislature did that by forbidding plants in those areas from buying "emission credits" which would allow them to expand their operations.  That is the current state law.

Apparently the EPA is considering expanding its criteria for "non-attainment" so that more of Virginia might be impacted.  That has left some business and industrial interests concerned that a major expansion could significantly cut back their access to power and raise the cost of doing business.  Ergo, HB 1300 (and a companion SB 128).

A month ago, we held a Subcommittee hearing on this very issue.  Representatives from the business and environmental communities were there, along with the City of Alexandria which has an understandably intense interest in the issue.  After heraing all the testimony, our Subcommittee struck a compromise -- adopted into SB 128 -- which said that current non-attainment areas would continue to enjoy their existing protections, even if new EPA rules rendered the current policy impractical for the whole state. 

Last week, in the Natural Resources Committee, the proponents of HB 1300 rejected that compromise and the bill came to the floor without any air quality protections for northern Virginia.

I filed a floor amendment reinserting the clause.  There was a long debate and multiple votes.  Opponents argued that rules should be uniform across the state and that the floor amendment would increase electric costs.  My response was that this is THE EXISTING STATE LAW and we are only maintaining a public health status quo which is already below EPA standards.

Eventually, the "air quality in NOVA" amendment was adopted by a 21-19 vote.  Here's the vote.  The bill itself eventually passed the body on a 30-10 vote.

There are a lot of votes in Richmond but I take pride in this one.  In my three years in the Senate, I can't remember a floor fight where we were able to overturn a committee decision based upon concerns of environmental impact.  I trust this won't be the last time.