2021 Scorecard Conservation - Virginia League of Conservation Voters
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VIRGINIA LEAGUE OF
CONSERVATION VOTERS
2021
Virginia General Assembly
Conservation
Scorecard
valcv.org
Table of Contents
p3 Foreword from Virginia LCV Executive Director Michael Town Virginia LCV Board of Directors
p4-5 A Remembrance of Marcia de Garmo, Virginia LCV’s founder Dana Krauskopf Lori Keenan McGuinness
Chair Vice Chair
p6-7 2021 Legislative Victories and Missed Opportunities Carey Whitehead
p8-9 2021 Legislative Heroes & Leaders Treasurer
p10 Scored Legislation Sam Bleicher Christopher G. Miller
p24 Bill patrons: Where conservation victories begin Leslie Cockburn George L. Ohrstrom II
p25 2021 Scores: Virginia House of Delegates Steve Dahlof Jean Perin
p28 2021 Scores: Virginia Senate John Grant Dick Raines
p30 We must protect our majority to continue forward pogress Phil Hernandez Rebecca Rubin
Virginia LCV Staff
Michael Town
Executive Director
Lee Francis Kelly Accardi
Deputy Director Development Director
Avohom Carpenter Chris Leyen
2021 Scorecard acknowledgments Director of Civic Engagement Senior Policy Manager
Content: Lee Francis, Christopher Leyen, Kelly Accardi, and Michael Town
Sarah Ahmed Bridget McGregor
Graphic Design: Lee Francis Field Manager Northern Virginia Organizer
Front Cover Photo: Rose Mallow Sunrise by Erik Moore of Virginia Beach | Courtesy of Scenic Virginia | Best in
Show Winner: Rivers and Waterways Category, 2020 Virginia Vistas Photo Contest Raz Ahmadi Molly Negus
Richmond Organizer Finance and Administrative Assistant
2 | 2021 Conservation Scorecard
Foreword from Executive Director Michael Town
Securing strong wins for our
environment...from the couch
The 2021 General Assembly was like the past four years, politics have grown preserved the sanctity of Virginia’s volun-
no other legislative session we’ve ever incredibly polarized, culminating (in just tary land conservation easement pro-
experienced, not just here at Virginia LCV, a few days before our legislative session grams, and moved forward to protect tree
but in Virginia’s history as a Common- started) with an unruly mob attempting canopy in Virginia, which is disappearing
Photo Credit: Late Fall on the Rappahannock River by Edward Episcopo of Fredericksburg | Courtesy of Scenic Virginia
wealth. While we achieved monumental to seize the U.S. Capitol Building to block at an alarming rate.
progress for our environment, legislative certification of the 2020 Presidential I’m incredibly proud of these accom-
victories we’ll cover in depth throughout Election results. plishments – the past two years have
this Scorecard, our work this session was We also continue to grapple with how seen the environmental community
done remotely, from our living rooms, to address systemic racism and inequal- achieving many conservation priorities
kitchens, bedrooms – wherever there ity – issues that are not new, but that that have been waiting in the wings for
was a laptop and a stable WiFi connec- have festered in our society for far too years.
tion. With COVID-19 still a very real public long, and are particularly hard-felt here And we can’t take for granted the law-
health threat, the House of Delegates in Richmond, the former capital of the makers that helped make this possible.
met entirely remotely, while the Senate of Confederacy. 2021 is truly a make-or-break election
Virginia convened in a socially distanced Despite these challenges, 2021 was year here in Virginia, and while we’ve
setup at the Science Museum of Virgin- an incredibly productive General Assem- accomplished much over the past two
ia with little to no interaction with the bly for environmental protections, as the years, we still have much work ahead of
public. Conservation Majority again delivered us to secure a safe and healthy environ-
As an advocacy organization very on key legislation around climate action, ment for all Virginians.
accustomed to meeting one-on-one, face- clean energy, clean water and conserva- Over the next several months, Virgin-
to-face with decision-makers and stake- tion. ia LCV’s focus will be ensuring that we
holders, and spending long days and Virginia became one of only a few protect and strengthen the Conservation
nights at the General Assembly building, states with strong standards in place to Majority that has been delivering for us
the 2021 session was a sea change. cut pollution from both the energy and over the past two years. We refuse to
Public testimony, meetings with lawmak- transportation sectors – our biggest driv- move backwards an inch, and we hope
ers, or hallway exchanges with other ers of climate change. you will join us in working hard to protect
advocates and environmental partners, We passed legislation to investigate and build upon the incredible progress
were replaced with emails, text messag- the potential impacts of large-scale we’ve made together.
es and Zoom calls, making it incredibly gold mining on the banks of the James Sincerely,
difficult to keep tabs on policy nuances River in Buckingham County. We banned
and the fast-moving legislative process. styrofoam food packaging, and balloon
On top of the challenges of poli- releases, and declared access to clean
cy-making during a pandemic, these water a basic human right. We passed
are also unprecedented political times legislation to hold pipeline builders more Michael Town,
in Virginia and across the nation. Over accountable for the pollution they create, Executive Director
2021 Conservation Scorecard | 3
Virginia LCV mourns loss
of organization’s founder
As Virginia LCV staff prepared the 2021 Scorecard for publication, we received the
heartbreaking news that our founder, Marcia de Garmo, had passed away. Marcia’s
contributions to conservation in Virginia cannot be understated – two decades ago she
envisioned a Conservation Majority at the state legislature and the powerful progress
that Virginia LCV could generate.
Virginia LCV exists because of Marcia’s dedication to Virginia’s environment, and we
hope that the work we do honors her memory and carries forth her remarkable devo-
tion. What follows are several remembrances from members of Virginia LCV’s Board of
Directors who worked alongside Marcia to build this organization into what it is today.
legendary. She was a mentor to generations
Chris Miller, Founding Board Member:
of non-profit staff and civic activists, who
Marcia was a friend, colleague, and stra-
learned both how challenging and how im-
tegic partner over the past three decades.
portant it is to be a part of shaping the future
Whether conservation, planning, transpor-
of our communities.
tation reform, or state environmental policy,
Marcia was on the leading edge of advocacy
and community organizing in Loudoun, the George Ohrstrom, Founding Board Member:
Piedmont, the Washington metropolitan area I remember the first time I met Marcia de
and the Commonwealth of Virginia. Garmo. It was right after I joined the Board of
She and her beloved husband George led Piedmont Environmental Council and I’d been
conservation efforts in the immediate area talking about the need for funding so that the
Marcia de Garmo, Virginia LCV’s founder, passed away Monday, June 28 near their farm, originally Marcia’s parent’s “right” candidates could be encouraged to
in Sante Fe, N.M., leaving behind an incredible legacy for conservation in country home, near Aldie, an early conserva- run, and then also get elected.
Virginia and an incredible example for us all to follow. (file photo) “Exactly!” She exclaimed and then gave
tion easement. In addition to founding the
Virginia League of Conservation Voters, Mar- me an education on the activities in Loudoun
cia served on the board of Piedmont Environ- County that she and a few others were trying
mental Council, helped create the Voters to to accomplish. That was Marcia all over. She
Stop Sprawl in Loudoun County and Citizens was a very affable woman, with a calm, sweet
for Loudoun’s Future, and was a strong sup- demeanor, but she knew just what needed
porter of the Coalition for Smarter Growth. to be done, and exactly how to do it. She
Marcia’s determination and energy were finished her tutorial on how to get the right
4 | 2021 Conservation Scorecard
Marcia de Garmo 1943-2021
Marcia de Garmo, 78, passed away peacefully Sprawl, board member of the Piedmont Envi-
on Monday, June 28, 2021 at her home in Santa ronmental Council, and an active member of a
Fe, NM. Marcia leaves a tremendous legacy from number of other conservation organizations.
a lifetime of service on behalf of her community Through the late 1990s and early 2000s, she
and the environment. worked with these organizations to protect open
Born in Schenectady, NY on March 10, 1943, space and farm land in Loudoun County, reduce
she was the daughter of George T. and Kathleen traffic congestion and pollution, and elect “smart
Bell. Her family moved to Washington, DC, and growth” candidates to local and state offices.
she attended the Potomac and Madeira schools in Often working late into the night, she planned
McLean, Virginia and graduated from Wellesley campaign strategies, organized phone banks,
College in Massachusetts. made thousands of calls and door-to-door visits
In 1963, she married George J. de Garmo III, with voters, testified at public meetings, raised
and together they moved back to Washington and funds and, with her energy and charisma, in-
had two children. Several years after enrolling spired numerous other people to advocate for
her children in her alma mater, Potomac School, environmental policies.
she started her professional career there, first as a In 2012 she and George retired to Santa Fe,
Marcia de Garmo with longtime Virginia LCV Board Chair John
volunteer and eventually as the full-time head of NM, a place they had loved for many years. She
Jaske. (file photo) the school’s alumni relations office. Demonstrat- became an active member at their beloved St.
ing one of her impressive qualities - her enor- Bede’s Episcopal Church. Diagnosed in 2009 with
candidates elected, and said, “Okay, George, mous drive and dedication to causes she believed Parkinson’s disease, she applied her energies to
you can help by being one of our starting Board in - she spent her Potomac career developing a fighting proactively to stave off the illness and,
nationally prominent elementary school alumni true to form, quickly became active in several
Members for the Virginia League of Conserva-
program through extensive personal outreach, formal and informal Parkinson’s organizations in-
tion Voters!” The organization is now a very
despite privately describing herself as a shy per- cluding a choir, support group, boxing class, and
strong, well-regarded force in Virginia politics,
son. the Parkinson and Movement Disorder Alliance.
but without Marcia’s steadfast leadership, it As a teenager she developed a love of birding, Marcia brought intense dedication and per-
would never have happened. so perhaps inevitably she carried these skills into sonal zeal to all of her many activities, and she
a personal passion for preserving open space and is cherished by her many friends and former
Lori Keenan McGuinness, Virginia LCV the natural environment. She and George relo- colleagues for her genuine kindness, generosity,
Vice-Chair: cated from Washington, D.C. to a rural property affection, sense of humor, and sincere interest in
I met Marcia de Garmo on the tennis court. in Aldie, VA owned by her family, and there she their lives.
Despite her sweet demeanor, she had a very took on leadership roles with committed fellow She had that most wonderful talent of showing
competitive slice that I struggled to learn! volunteers to preserve the rural character of west- her friends that she cared deeply for them, and
Eventually, Marcia introduced me to Virginia ern Loudoun County. she maintained those friendships even over long
LCV, never mentioning that she was its founder. She was the principal organizer and founding distances and many decades. Her family will
One of Virginia LCV’s steadfast supporters once board chair of the Virginia League of Conserva- hold their memories of her dearly: her husband,
said to me that Marcia never took “no” for an tion Voters, whose offices are dedicated to her. George, her daughter, Jennie Wilhelm and her
answer. I’ve tried to channel Marcia, but there’s The recipient of various awards recognizing her husband, Bryan, her son, Andrew de Garmo and
no substitute for Marcia’s charm, modesty and leadership, she was a founder of the Sustainable his wife, Jennifer, and her granddaughter, Au-
Loudoun Network, co-founder of Voters to Stop drey de Garmo.
determination. She is sorely missed.
2021 Conservation Scorecard | 5
2021 Legislative Victory:
Lawmakers again champion climate action
Clean Cars Standard helps
address largest source of
carbon pollution in VA
In 2020, our out-of-the-gate priority for the new
Conservation Majority was to secure Virginia’s
clean energy future, and we did so by passing
landmark legislation like the Virginia Clean Econ-
omy Act along with other efforts that advance
clean, renewable energy and cut pollution from
fossil fuel-fired power plants.
While this was a huge victory for clean air –
one that will yield decades of environmental and
public health benefits – pollution from power
plants makes up only about one-third of Virginia’s
carbon footprint. Our largest source of climate-dis- Participants in a 2021 Clean Transportation Virtual Lobby Day demonstrate their support of a Clean Cars Standard during the General
Assembly Session. (file photo)
2021 Missed Opportunity:
Comprehensive environmental justice initiatives fall short at the General Assembly
All Virginians deserve access to the same clean Hill in Buckingham County, which was founded by in Virginia. The legislature also passed a measure
air and water, parks and green spaces. Sadly, this freed slaves in the wake of the Civil War. These ef- codifying a 27-member Virginia Council on En-
isn’t the case. Time after time, communities of forts were defeated and struck down in court with vironmental Justice and making it a permanent
color or low-income neighborhoods are subjected a Fourth Circuit Court of Appeals Judge famously body.
to disproportionate impacts of pollution and envi- ruling that “environmental justice is not merely Efforts to build on this progress in 2021,
ronmental degradation – sacrifice zones for fossil a box to be checked” while vacating state-issued however, failed to materialize, a casualty of a
fuel infrastructure, industrial operations, high- permits that would have allowed the project to legislative session that prevented stakeholders
ways, solid waste storage, and the list goes on. proceed. from coming to the table, in-person, to hash out
Nowhere was this more apparent than in In 2020, the General Assembly passed the differences and find a path forward.
Dominion Energy’s efforts to place a compressor Environmental Justice Act, making it the official Virginia LCV registered its support of a number
station for its now defunct Atlantic Coast Pipeline policy of the Commonwealth to promote environ- of bills that would have significantly advanced en-
in the historic, majority-Black community of Union mental justice and to ensure that it is carried out vironmental justice policy in Virginia in a number
6 | 2021 Conservation Scorecard
48%
rupting greenhouse gases comes from most notably by passing House Bill transportation electrification holistical-
the cars, trucks and SUVs we drive every 1965 from Del. Lamont Bagby, which ly, from a practical policy standpoint of
day. Overall, these mobile sources make makes Virginia the next state with stan- ensuring equitable access to charging
up nearly half of our carbon output in a dards in place to advance Zero-Emis- infrastructure across the state, to a
Percentage of state known for limited options for mass sion Vehicles like electric cars, and framework for upfront consumer incen-
Virginia’s total carbon transit or ways to get from Point A to Low-Emission Vehicles, efforts that will tives that will make EVs easier to buy
emissions released Point B other than hopping in a passen- reduce pollution and help drive a long- and own.
ger vehicle and hitting the open road, term phase-out of internal combustion We certainly have much more work
by the transportation
or depending where you are in Virginia, engines in Virginia. ahead of us to continue working diligent-
sector, making the sitting in traffic. Including Virginia, a total of 15 states ly to secure a cleaner, more sustainable
gas and diesel- The pollution that comes out of our and the District of Columbia have now transportation system, but Virginia’s
powered cars, trucks tailpipes is also deadly, killing hundreds adopted this program, known colloqui- Conservation Majority laid vital ground-
and SUVs we drive of Virginians every year before their ally as the California “Clean Car Stan- work in 2021 that prioritizes climate
every day our largest time, mostly in communities of color or dard,” but Virginia is now one of only a action, moves the ball forward, and puts
driver of climate low-income zip codes where years of few states with strong policies in place us on the right trajectory to long-term
change in Virginia by discrimination have resulted in these addressing pollution from both the elec- gains for clean air. We are incredibly
far. communities being disproportionately tricity and transportation sectors. grateful to our champions at the legis-
exposed to higher levels of pollution. On top of passing a Clean Car Stan- lature for prioritizing climate action in
Source: Energy Virginia addressed this major driver dard, the General Assembly advanced back-to-back years, moving Virginia from
Information Administration of climate change and public health a number of complementary measures the back of the pack to one of the states
threat in a number of ways in 2021, aimed at ensuring we’re looking at leading in addressing the climate crisis.
of sweeping ways. Other legislation carried by Del. Cliff Hayes scores the overall difficulty of the 2021 legisla-
The most ambitious effort came via an om- and Sen. Jennifer McClellan would have required tive session, where lawmakers had to juggle an
nibus bill (HB 2074) from Del. Shelly Simonds enhanced environmental justice community out- aggressive list of policy priorities remotely, without
(D-Newport News) that would have built on the Vir- reach from applicants behind projects that would the day-to-day interaction that can sometimes
ginia Environmental Justice Act of 2020, amend- pose disproportionate pollution burdens in the lead to problem solving and positive outcomes.
ing it to require state agencies to adopt over the areas where they’d be sited. As we look towards 2022 with a continued fo-
next two years agency specific EJ policies; codify- These approaches, however, ran into bicameral cus on advancing equity and addressing systemic,
ing the EJ Interagency Working Group created in tension between the more progressive House of environmental racism, advancing strong environ-
the 2020 budget and authorizing it to conduct an Delegates and the more centrist, moderate Sen- mental justice protections will continue to be a
assessment on the state’s air quality monitoring ate, with neither chamber agreeing to the other’s priority. Virginia LCV is committed to making sure
practices; and requiring local planning commis- amendments to the legislation. This sent the bills lawmakers prioritize these frontline communities,
sions to include an EJ strategy in their jurisdic- to conference committee during the waning days that their voices are heard, and most important-
tion’s comprehensive plan. Senate Bill 1318, from of session and time ran out before lawmakers, ly, that environmental justice is not a box to be
Sen. Ghazala Hashmi (D-Richmond) would have advocates and stakeholders could find a path checked, but is ingrained across all our policy
made the Interagency EJ Working Group an office forward. work moving forward.
advisory council in the Executive Branch. This was a disappointing outcome that under-
2021 Conservation Scorecard | 7
100 %
2021 Legislative
Heroes
Sen. Jennifer Boysko Sen. Creigh Deeds Sen. Adam Ebbin Sen. Barbara Favola Sen. Ghazala Hashmi Sen. Janet Howell
Virginia LCV Legislative Heroes
demonstrate a strong dedication and
prioritization of our conservation values.
This year we recognize nine Senators and
46 Delegates for voting with Virginia LCV
100 percent of the time.
Sen. Mamie Locke Sen. Jennifer McClellan Sen. Jeremy McPike Del. Dawn Adams Del. Lashrecse Aird
Of the hundreds of bills these legislators Del. Alex Askew
vote on every session, they deserve a
special acknowledgment for getting the
conservation vote right every time.
On behalf of Conservation Voters in
Virginia, we thank the Legislative Heroes
pictured here and look forward to their Del. Hala Ayala Del. Lamont Bagby Del. Jeffrey Bourne Del. David Bulova Del. Betsy Carr Del. Josh Cole
continued commitment to protecting
the Commonwealth’s precious natural
resources.
Del. K. Convirs-Fowler Del. Karrie Delaney Del. Eileen Filler-Corn Del. Wendy Gooditis Del. Nancy Guy Del. Elizabeth Guzman
Del. Cliff Hayes Del. Dan Helmer Del. Charniele Herring Del. Patrick Hope Del. Sally Hudson Del. Chris Hurst
8 | 2021 Conservation Scorecard2021
Legislative
Leaders
Virginia LCV Legislative Leaders
scored between 75 and 99
Del. Jay Jones Del. Mark Keam Del. Kaye Kory Del. Paul Krizek Del. Mark Levine
percent in this year’s Scorecard.
Nine Delegates and 12 Senators
earned this recognition for making
conservation a priority in 2021.
Senate of Virginia
George Barker
Del. Alfonso Lopez Del. Delores McQuinn Del. Martha Mugler Del. Michael Mullin Del. C. Mundon King John Bell
John Edwards
Lynwood Lewis
Louise Lucas
Dave Marsden
Monty Mason
Joe Morrissey
Chap Petersen
Del. Ken Plum Del. Cia Price Del. David Reid Del. Danica Roem Del. Ibraheem Samirah Dick Saslaw
Lionell Spruill
Scott Surovell
House of Delegates
Lee Carter
Steve Heretick
Del. Mark Simon Del. Shelly Simonds Del. S. Subramanyam Del. Rip Sullivan Del. Kathy Tran
Clint Jenkins
Kathleen Murphy
Sam Rasoul
Don Scott
Mark Sickles
Luke Torian
Angelia Williams Graves
Del. Roslyn Tyler Del. S. VanValkenburg Del. Jeion Ward Del. Vivian Watts Del. Rodney Willett
2021 Conservation Scorecard | 9Scored Legislation:
Energy & Climate percent less than the standard residential rate
offered by their utility, saving them money and eq-
utilities chose not to offer 100 percent renewable
energy for over a decade, so independent energy
uitably incentivizing the transition away from fossil providers entered the market to meet the small,
Restoring Consumer Choice for Clean fuels. If approved, HB 2048 would have helped but growing demand. However, as the market
Energy Virginia meet its net-zero carbon emissions goal, matured, demand for renewable energy increased
House Bill 2048 – Del. Jeffrey Bourne restore expanded and diversified clean energy and the utilities decided to offer their own prod-
(D-Richmond City) offerings, and lower the retail cost of renewables. uct, eliminating all competition.
Virginia LCV Position: p Until recently, Virginia residents and busi- The General Assembly passed legislation
nesses were permitted to purchase 100 percent identical to HB 2048 in 2020 with a re-enactment
This legislation would have restored the option clean electricity from independent providers. clause, delaying final approval until the 2021
for Virginians to purchase electricity powered by However, the law that originally established this session. Unfortunately, after clearing the House
100 percent renewable energy from a competitive marketplace included a “kill switch,” requested on a 67-32 vote, this legislation was killed in the
marketplace. Low- and moderate-income Virgin- by energy utilities, that shut out competitors once Senate Commerce and Labor Committee.
ians would have been eligible to buy power at 10 a utility provided its own green option. Virginia’s
Know the Score:
As an exclusive accountability tool for Con- positions on all priority legislation that impacts voting the way of our communicated position.
servation Voters, it is important to know how conservation. As legislation evolves throughout The number of “correct” votes is divided by the
we arrive at the final scores for each General the lawmaking process, we communicate our total number of possible votes for each legisla-
Assembly session. The Conservation Scorecard position at every step along the way – from tor, which generates a lawmaker’s percentage
gives you a comprehensive understanding of subcommittee, to full committee, to the floor of score for the session. Legislators that spon-
how your elected leaders represented your each chamber. sored bills supported by Virginia LCV receive a
conservation values in Richmond. After session’s end, we closely examine the patron credit, which counts as one additional
While some sessions carry more conten- votes and determine a selection of votes which “possible vote” averaged into their final per-
tious, high-stakes debates than others, our best illustrates how legislators prioritized con- centage.
Scorecard allows you to distinguish between servation issues. While some votes are easier Although some legislators perform more
the rhetoric and the reality of a legislator’s than others, our look into what happened on poorly than others from year to year, it is import-
record by providing you detailed summaries of the record and behind the scenes gives an ant that they hear from you your encourage-
what happened inside the State Capitol each encompassing representation of conservation ment to do better. Conversely, we must not take
session. performance. our Legislative Heroes and Leaders for granted
How the Votes Were Chosen How the Scores Were Calculated – let them know you appreciate their commit-
ment to conservation and look forward to their
With hundreds of bills introduced every For every vote recorded on the chosen legis-
continued support.
session, Virginia LCV carefully tracks and takes lation, legislators receive one “correct vote” for
10 | 2021 Conservation ScorecardStreamlining Energy Storage Development percentage of that profit is slightly below 10 percent
and is set by the SCC, the regulatory body charged
“
House Bill 2148 – Del. Rodney Willett
with protecting the interests of consumers. On top of
(D-Henrico)
that approved rate, they are granted an additional .7
Virginia LCV Position: p percent automatic bonus profit.
For Dominion customers, if the cost of providing
This bill streamlines the permitting process for
electricity is overestimated, and customers are over-
energy storage projects, allowing them to follow the
charged, Dominion only refunds 70 percent of the
same process currently used for renewable energy
overcharges. These two provisions that grant bonus
generation facilities.
profit and prevent overcharged customers from receiv-
Prior to the passage of this legislation, clean energy When I was in the Virginia
ing full returns would have been removed by HB 2160,
generation projects that produced up to 150 Mega- House of Delegates, I
restoring regulatory oversight and consumer protec-
watts (MW), such as solar farms and wind turbines, looked forward to seeing
tions.
would be approved through one procedure. Associated the Virginia LCV yearly
Unfortunately, after clearing the House on a bi-
energy storage resources, such as batteries, respon- Scorecard. The ratings are
partisan 62-38 vote, this legislation was killed in the
sible for retaining and redistributing that solar- and all about accountability,
Senate Commerce and Labor Committee, 12-3.
wind-generated electricity, would require a separate, and attempt to fairly
more complex approval process. represent each legislator’s
HB 2148 will make it easier to build hundreds of Restoring SCC Authority over Utility Rates individual commitment,
energy storage and hybrid projects, which combine House Bill 2200 – Del. Jay Jones (D-Norfolk)
through their actual
clean energy and storage to make a resilient, reliable Virginia LCV Position: p votes, to the environment,
grid. This legislation will help realize more than $3 bil- preservation, and the
lion in storage-related investment in Virginia over the This proposal would have transformed the State
creation of a new energy
next 15 years and will create good-paying jobs here in Corporation Commission’s (SCC) triennial review
economy. Achieving a
Virginia. process, the method by which the SCC, which sets
100% rating was a goal to
This legislation passed the House on an 89-9 vote the rates that electric utilities can charge to custom-
which many of us aspired
and cleared the Senate 38-0-1. ers, determines whether the base rates – the price
”
because we knew it would
per unit of energy that ratepayers use – charged by
reflect on our dedication
Reducing Electricity Bill Overcharges an electric utility over the past four years have been
to improve Virginia, our
reasonable.
House Bill 2160 – Del. Kathy Tran (D-Fairfax) Nation, and the planet.
Over time, the authority of the SCC to regulate
Virginia LCV Position: p utilities, including investor-owned monopolies, has – David Toscano, attorney
been limited by legislative action, greatly curtailing at law and former member
This legislation sought to remove provisions that
the ability for the regulatory body to decide matters of the House of Delegates
allow utilities to keep customer overcharges as bonus- representing the 57th
favorably for ratepayers. Currently, Virginians pay the
es and restore State Corporation Commission (SCC) District.
sixth highest energy bills in the country, bills that are
authority to fully refund 100 percent of overcharges
considered unaffordable for 75 percent of households
back to customers.
based on federal energy burden standards.
In Virginia, electric utilities Dominion Energy and
HB 2200,would have granted the SCC greater
Appalachian Power are organized as regulated mo-
authority in regulating rates, changing rigid statuto-
nopolies guaranteed by law to earn a profit. The exact
2021 Conservation Scorecard | 11ry requirements that the SCC “shall” follow to clear the first month of occupancy according to the U.S.
guidelines that the SCC “may” utilize, provided the Department of Energy. Increased efficiency would
decision is in alignment with SCC’s broader mission also benefit renters suffering from high energy costs
“
to protect the interests of Virginia consumers. The due to inefficient appliances, and poor weatherization
bill would have also eliminated a cap on rate reduc- and insulation, issues that disproportionately impact
tions. While the SCC may raise rates by an unlimited low-income residents and communities of color.
amount, potentially resulting in hundreds of millions As introduced, this legislation would have required
of overearnings, if they are found not to guarantee new residential construction to adopt energy efficien-
sufficient profits for utilities, the SCC may only lower cy provisions at least as strong as the latest IECC
them by $50 million, if it finds that the profits earned standards within one year of promulgation by the ICC
were exorbitant. and enforcement six months later. After a series of
During my time at the Gen- This bill was a cross-regional and bipartisan effort amendments, the legislation was weakened to simply
eral Assembly, we took giant by Delegate Jay Jones (D-Norfolk) and Delegate Lee require the Board of Housing and Community De-
leaps forward in how we Ware (R-Powhatan), that continues a partnership by velopment to consider adopting amendments to the
care for our environment, those legislators on efforts to reform utility ratemak- Uniform Statewide Building Code when new versions
protect public health and ing process on behalf of consumers, evolving from of the IECC are published.
grow a clean energy econ- last year’s Fair Energy Bills Act. HB 2227 passed the House of Delegates on a 55-
omy. Virginia LCV played HB2200 passed the House on a vote of 63-37. 45 vote, and passed the Senate 21-18.
a key role in these policy Unfortunately, this legislation, along with a number
advances, and their annual of other rate reform proposals, was defeated in the Clarifying Percentage of Income Payment
Conservation Scorecard is Senate Commerce and Labor Committee, 11-4.
a vital tool for the public to Plan Implementation
House Bill 2330 – Del. Kaye Kory (D-Fairfax)
learn whether their elected Adopting Internationally Recognized Energy Virginia LCV Position: p
officials are prioritizing clean
air and water, and a safe Efficiency Standards
and healthy environment. I’m House Bill 2227 – Del. Kaye Kory (D-Fairfax) Last year the legislature established the Percent-
proud of the progress Virgin- Virginia LCV Position: p age of Income Payment Program (PIPP) to limit elec-
”
ia has made and prouder still tric bills for low-income ratepayers to 6 or 10 percent
that I have a perfect 100% Buildings consume 70 percent of electricity and of an eligible participant’s annual household income.
voting score from Virginia 40 percent of the overall energy used nationally. Air This bill saves eligible ratepayers an average of more
LCV for doing my part to pollution from energy production harms health and than $300 on their annual electricity bills, and po-
protect our future. contributes to climate change. Energy efficient build- tentially allows their outstanding electricity bills to be
ings are an essential element of achieving the Com- forgiven.
– Jennifer Carroll Foy, monwealth Clean Energy Policy goals for a carbon Overcoming barriers to participation and increas-
former candidate for neutral economy by 2045. Energy efficient construc- ing the number of customers using electricity as their
Governor, and past
tion also reduces energy utility bills. The adoption of primary heating fuel will further protect households
member of the House of
the latest energy efficiency standards promulgated by from higher gas and delivered fuel costs, and also
Delegates representing the
2nd District. the International Code Council’s (ICC) International improve public health outcomes by reducing in-home
Energy Conservation Code (IECC) in Virginia would air pollution.
have saved new homeowners nearly $6,000 in utility The program established a goal of reducing waste-
costs over 30 years, and resulted in net savings from ful electricity use through participation in weatheriza-
12 | 2021 Conservation ScorecardPhoto Credit: Early Light in RVA by Thomas Hennessy of Mechanicsville | Courtesy of Scenic Virginia
tion or energy efficiency programs. Last year, a ments and a committee of conference before HB tion that coordinates participation in the pro-
stakeholder working group led by the Department 2330 was narrowly approved by the House, 51- gram. Joining RGGI and unlocking the hundreds
of Housing and Community Development and 47, and 20-19 in the Senate. of millions of dollars to fund low-income energy
the Department of Social Services charged with efficiency and community flood preparedness has
developing recommendations regarding PIPP im- Establishing an Inventory of Greenhouse been the policy aim of the last two gubernatorial
plementation, and the State Corporation Commis- administrations.
sion, who was directed to set the rates, terms and
Gas Emissions This legislation builds on that progress, di-
Senate Bill 1282 – Sen. Joseph Morrissey
conditions of the program, both asked for more recting the Department of Environmental Quality
(D-Richmond City)
clarity from the General Assembly, prior to rolling to conduct a statewide baseline and projection
out PIPP. Virginia LCV Position: p inventory of all greenhouse gas emissions that is
HB 2330 clarifies program implementation updated every four years, as part of participation
details and begins enrollment within a year of the Landmark legislation passed during the 2020 in RGGI and associated climate work.
DSS establishment of program guidelines. DSS General Assembly session made Virginia the This inventory is to be included in the annual
will also conduct an analysis to determine if ser- southernmost state to become a full member of report of the State Air Pollution Control Board.
vice gaps remain among those not already served the Regional Greenhouse Gas Initiative (RGGI), a Regulations to conduct, update, and maintain the
by existing and available federal, state, local or regional carbon cap-and-trade program designed inventory are set to be promulgated by the Board
nonprofit programs to meet energy reduction to reduce climate pollution from fossil fuel power by July 1, 2022. Funding for inventory mainte-
obligations. A working group will be established to plants. Member states agree to a cap on carbon nance and development is provided through the
increase participation in energy efficiency pro- dioxide emissions, and power generators in those sale of carbon allowances through RGGI.
grams. states must reduce pollution to meet the cap or SB 1282 passed the Senate 22-16 and the
This legislation was the subject of intense buy additional allowances through an auction House on a vote of 56-44.
debate and deliberations included several amend- administered by RGGI, Inc., the nonprofit organiza-
2021 Conservation Scorecard | 13Committing to a Clean Energy Policy
Senate Bill 1284 – Sen. Barbara Favola
(D-Arlington)
Virginia LCV Position: p
This bill revises Virginia’s Commonwealth Ener-
gy Policy to be a “Clean Energy” policy, updating
the energy policy and future energy plans to re-
flect the state’s commitment to carbon neutrality
and environmental justice.
SB 1284 firmly establishes in the Code of
Virginia the recognition that effectively address-
ing climate change and enhancing resilience will
advance the health, welfare, and safety of the
residents of the Commonwealth and that address-
ing climate change requires reducing greenhouse
gas emissions across all sectors, including energy
generation, transportation, buildings, agriculture,
and infrastructure. It also recognizes the need to
promote environmental justice, prevent energy
inequities in historically economically disadvan-
taged communities, and to equitably prioritize
economic competitiveness and workforce devel-
opment.
Photo Credit: Coming Your Way by David Perry of Staunton | Courtesy of Scenic Virginia
This legislation passed the Senate 21-18, and
House 55-45, along party lines with all Democrats The reduced use and disposal of Styrofoam the Senate 23-13.
voting in favor, and all Republicans in opposition. means a drastic reduction in the persistent mi-
croplastics that currently make up 40 percent of Growing Tree Canopies
plastic litter in our waterways. Fewer harmful plas- House Bill 2042 – Del. Nancy Guy
Water Quality tic materials will make their way into our drinking (D-Virginia Beach)
water, our food sources, and ultimately our own Virginia LCV Position: p
Eliminating Litter from Polystyrene Food bodies.
Containers Under this legislation, large chain restaurants This legislation enables localities to adopt high-
House Bill 1902 – Del. Betsy Carr will be required to stop using Styrofoam takeout er tree canopy replacement percentages during
(D-Richmond City) containers by 2023 and all food vendors will be development where trees are used to meet water
required to phase out the substance by 2025.
Virginia LCV Position: p Cities and counties will be permitted to grant
quality, flooding management, and equity goals.
Virginia is losing 16,000 acres of trees per year
one-year exemptions to individual vendors on the to development and disease. Their loss removes
This bill prohibits food vendors from serving
basis of undue economic hardship. their ability to capture carbon and harmful partic-
food in single-use expanded polystyrene “Styro-
This legislation passed the House 55-44 and ulates, provide habitat, and improve water qual-
foam” food service containers.
14 | 2021 Conservation Scorecard“
ity. Reversing this trend by increasing tree canopies HB 2159 is consistent with the Virginia Marine
also improves quality of life in the built environment, Debris Reduction Plan which lists the reduction of
combating the health impacts caused by urban heat balloon litter as one of the Commonwealth’s top four
islands, reducing water pollution, and mitigating flood- priorities. This legislation imposes a fine of $25 per
ing. However, Virginia limits the authority local govern- balloon released outdoors by anyone 16 years or old-
ments can exercise when it comes to the percentage er, to be paid into the Game Protection fund, and in-
of trees that a city or county can require developers cludes exceptions for research and weather balloons.
to replace or conserve in the process of development. HB 2159 passed 59-40-1 out of the House and
Depending on zoning, those caps can be as little as passed the Senate 22-17. VALCV rigorously strives to
10 percent. protect our natural areas,
ensure clean air and water
The passage of HB 2042 will enable localities to Assessing Gold Mining Impacts and address climate change
adopt higher tree replacement percentages in cases House Bill 2213 – Del. Elizabeth Guzman
where trees are used to meet water quality, flood by advocating for policies
(D-Prince William County) that improve the lives of all
prevention, and equity goals. The bill also provides Virginia LCV Position: p
”
flexibility for localities and developers, containing Virginians. Our Scorecard
provisions that allow local governments to establish is the go-to source that holds
In 2020, residents of Buckingham County, includ- elected officials accountable
a tree fund or tree bank, to provide offsite options in ing Union Hill, the first Freedmen-built community to
cases where developers are unable to achieve canopy on legislation that impacts
receive eligibility for nomination for historic landmark our mission.
replacement percentages onsite. status, received word that their community was being
HB 2042 will take effect, July 1, 2022 and the considered for a large-scale commercial gold mine. – Dana Krauskopf,
measure was approved with bipartisan support by the Modern gold mining and onsite processing is Virginia LCV Board Chair,
House 57-43 and on a 26-11 vote in the Senate. incredibly toxic. Chemicals like cyanide are used and Hamanasi eco-resort
to extract minute pieces of gold from rock ore and owner.
Reducing Airborne Litter 99 percent of the earth excavated becomes waste
House Bill 2159 – Del. Nancy Guy byproducts known as tailings. Harmful contaminants
(D-Virginia Beach) like mercury, arsenic and lead would have to be
Virginia LCV Position: p stored on site in mounds or holding ponds, and risk
contaminating local ground and surface waters or
Littering, dropping trash from your hand to the becoming airborne.
ground, in Virginia will soon be subject to a fine of Several modern gold mining sites in the United
$500. However, until recently, the release of balloons, States have also become federal Superfund sites as
a pernicious form of non-biodegradable litter into the a result of accidents including large-scale spills and
air, carried no penalty, with the exception of large widespread pollution from acid mine drainage.
scale releases. The last recorded gold mining in Virginia was in
The Virginia Aquarium and Marine Science Center 1947, meaning we do not have experience regulating
Foundation found that balloons were among the top- modern mining methods like cyanide leaching and
five most common littered items found on Virginia’s other chemical-intensive practices that became com-
beaches where the remnants of both balloons and mon in the 1970s and 1980s. Current regulations
synthetic ribbon can injure and kill more than 30 ani- governing the closure, treatment, and restoration of
mal species, including endangered sea turtles. these sites, offer limited guarantees that, once mined,
2021 Conservation Scorecard | 15the land can be restored to beneficial use, or that Virginia law states that the control of groundwa-
“
environmental degradation can be mitigated. ter resources belongs to the public. This resolution
HB 2213 would have implemented a morato- further recognizes that public access and afford-
rium on large-scale gold mining, offering time for ability of water for private use by Virginia residents
Virginia’s Department of Environmental Quality, the must be protected. It recognizes that state agencies
Virginia Department of Health and the Virginia De- should strategize to limit contamination of water
partment of Mines Minerals and Energy to conduct and to mitigate the impact of climate change on
a review of current regulations. freshwater resources.
This bill passed the House, 55-45, along party This fundamental human right was strongly af-
Every vote matters, but lines. Legislation moving forward with the study of firmed in bipartisan fashion by the House of Dele-
without understanding the gold mining regulations advanced in the Senate, gates, 63-33, and agreed to by the Senate.
impact their elected official 23-16 accelerating the timeline, but removing the
has on policies they care temporary moratorium. Expanding Oversight of Pipeline
about or which impact While lawmakers took important first steps to ad-
them, it can be hard to dress this issue in 2021, more work remains ahead
Construction
Senate Bill 1265 – Sen. Creigh Deeds
motivate the electorate to to pass long-term safeguards, and we look forward
(D-Bath County)
keep showing up to every to working with the General Assembly to protect
election, particularly in the clean water from this toxic threat. Virginia LCV Position: p
off-year election cycles. It
This legislation implements more stringent over-
is critical that all of us can Enshrining Right to Water as Human Right sight of natural gas pipelines 24 inches in diameter
turn to trusted sources like House Joint Resolution 538 – or larger by improving the Commonwealth’s inspec-
the VALCV scorecard to Del. Lashrecse Aird (D-Petersburg)
”
tion and enforcement processes regarding systemic
understand the impact our Virginia LCV Position: p pollution problems. This in turn strengthens protec-
vote has when policies are
tive measures for the Commonwealth’s waterways
enacted, upheld, or taken The COVID-19 pandemic has exacerbated and and enforcement of Virginia’s water quality stan-
off the books. amplified the critical importance of water as a qual- dards.
– Dana Wiggins, ity of life issue, as access to resources to combat Since the passage of legislation updating the
Virginia League of the disease have been inextricably linked to the review process for water protection violations for
Conservation Voters devastation caused by it. Virginians continue to be
Education Fund Board
pipelines in 2018, the construction of the Mountain
locked out of equitable access to clean water due Valley Pipeline has resulted in hundreds of viola-
Chair, and Director of
to affordability challenges. Pollutants from industry, tions of water protection laws. Despite the large
Outreach and Financial
Advocacy for the
antiquated water infrastructure, and rate increases number of violations, only one stop work order
Virginia Poverty Law are all threats to safe, clean water for rural commu- was issued from the Department of Environmental
Center. nities, low-income populations, and communities Quality.
of color. This disproportionate lack of access is due SB 1265 expands DEQ inspection authority of
to a range of issues including the presence of lead, land-disturbing practices related to pipeline con-
and water-related illnesses. struction to 24-inch pipelines. Currently, the depart-
This resolution recognizes the importance of ment may only exercise this authority for pipelines
equitable access to safe, clean drinking water as an 36-inches or larger in diameter. This bill also clar-
integral component of human rights. ifies which adverse impacts may trigger stop work
16 | 2021 Conservation Scorecardorders and authorizes DEQ to stop work for every
Virginia portion of a project in the event that ad-
verse impacts or likely adverse impacts are found
on a repeated, frequent, and widespread basis.
This bill cleared the Senate unanimously and
passed out of the House 61-39 with bipartisan
support.
Land Use
and Transportation
Adopting the Clean Cars Standard
House Bill 1965 – Del. Lamont Bagby
(D-Henrico)
Virginia LCV Position: p
The transportation sector is Virginia’s largest
source of carbon pollution (48%). Personal vehicle
travel alone accounts for 37% of the Common-
wealth’s total carbon emissions. Moving away
from gasoline and diesel engines to electric vehi-
cles (EVs) offers an opportunity to clean up the air
and reduce climate altering pollutants that cause
asthma exacerbations, heart attacks and prema-
ture deaths. These negative health effects dispro-
portionately impact low-income communities and Photo Credit: Potomac Run by Wayne Butler of Stafford | Courtesy of Scenic Virginia
communities of color. Access to electric vehicles
can also save Virginia consumers over $1,000 starting with a modest target of 8 percent by buying an EV for their next car, but EVs are cur-
over the life of an EV due to decreased refueling model year 2025. rently being sent nearly exclusively to states with
and maintenance costs. The coalition that worked to pass HB 1965 existing Clean Cars programs, the time was right
This legislation accelerates vehicle electrifica- represented a transformational partnership to adopt those standards here. The adoption of
tion, yielding immediate health, environmental, between environmental organizations and Virgin- this legislation means that consumers in the Com-
and economic benefits by aligning Virginia with ia’s automobile dealers, who partnered through monwealth will be, for the first time, prioritized
14 other states that have adopted a “Clean Cars” a shared recognition of the increasing demand for the fast-growing array of electric cars, SUVs
program. This policy ensures access to EVs by for electric vehicles, the benefits of electrification, and trucks offered by the world’s largest vehicle
requiring automobile manufacturers to gradually and the development of a mature transportation manufacturers.
offer more fuel-efficient vehicles for sale, and electrification package including EV rebates, and HB 1965 passed the House 55-44 and cleared
specifically requiring a gradually increasing per- increased investment in charging infrastructure. the Senate 21-15.
centage of those offerings to be electric vehicles, Given that half of all Virginians would consider
2021 Conservation Scorecard | 17Establishing an Electric Vehicle Rebate
Program
House Bill 1979 – Del. David Reid (D-Loudoun)
Virginia LCV Position: p
Accelerating the transition to electric vehicles
(EVs) provides crucial health, environmental, and
economic benefits. Currently lifecycle costs for
EVs can be lower than that of comparable gas
vehicles and as technology advances and the
volume and variety of EV offerings increases, pur-
chase prices for EVs have decreased relative to
gas and diesel vehicles. However, for many, initial
purchase price differences between EVs and fos-
sil fuel-powered vehicles still represents a barrier
to entry into the EV market.
According to a peer-reviewed meta study of EV
incentives by U.C. Davis, rebates play a key role
in boosting EV sales. Rebates also drive interest
among the public and serve as a key market
indicator for industry, bringing more EVs to a given
market and increasing sales.
To expand the number of Virginians who
purchase electric, this legislation establishes Photo Credit: Richmond River City by Michael Smith of Richmond | Courtesy of Scenic Virginia
one of the most equitable point-of-sale EV rebate
structures in the nation. This framework was day of the legislative session after lengthy debate
Building for a Clean Energy Future
negotiated throughout the 2021 session, and the and negotiations. The final Senate vote was 21-
House Bill 2001 – Del. Dan Helmer (D-Fairfax)
18, and 54-45 in the House.
final legislation included an on-the-hood rebate of
While $5 million was approved in the House
Virginia LCV Position: p
$2,500 for both new and used vehicles, as well as
an enhanced rebate of $2,000 for buyers whose budget to stand up the program and provide the
This key infrastructure bill updates the High
household income is less than 300 percent of the initial round of rebates, these funds were not re-
Performance Building Act to require state and
current poverty guidelines for new vehicles and tained in the final conference budget that reflects
local government buildings to be constructed
$500 for used. HB 1979 also establishes an EV the result of concluded negotiations between the
or renovated to energy efficient green building
rebate program advisory council to oversee rollout House and Senate sent to the Governor for ap-
standards, include EV charging infrastructure, and
and make recommendations regarding implemen- proval. Additional work will be required to acquire
track key energy efficiency metrics and associated
tation, including monitoring the equity of imple- funding, including consideration of dedicated rev-
carbon emissions, including metering of electrici-
mentation. The rebate expires in 2027, past the enue streams, participation in the cap-and-invest
ty, gas, and water.
point at which purchase price of EVs is expected Transportation and Climate Initiative, and federal
As Virginia transitions toward electric vehicles,
to reach price parity with gas vehicles. sources.
providing sufficient charging for electrified public
This legislation narrowly passed on the final fleets will be essential for a smooth and rapid
18 | 2021 Conservation Scorecard“
transition. Adherence to the Virginia Energy Conser- expensive for development, and actively prevents the
vation and Environmental Standards developed by public use of that space. Need for social distancing
the Department considering the U.S. Green Building during the pandemic led to the reclamation of urban
Council (LEED) green building rating standard, the street space for dining, commerce, travel and exercise
Green Building Initiative “Green Globes” building and a broader recognition of the benefits of a less
standard will help improve energy efficiency. Estab- parking-centric design.
lishing metrics, such as metered electricity, will help Better coordination of transportation and land use
guide future capital improvements toward projects planning helps meet the growing needs of Virginia’s
that most greatly reduce greenhouse gas emissions residents and businesses for greater travel options, Virginia LCV serves as a
and allow the Commonwealth to capitalize on those reduces traffic congestion, makes public transit a strong advocate and political
reduced emissions to leverage additional funds for viable option for more people, and reduces transpor- force for the environment.
climate priorities through the Regional Greenhouse tation emissions of greenhouse gases and other air But beyond that, they provide
Gas Initiative. pollutants. the community as well as
As the bill progressed through the House and Sen- This legislation passed the House overwhelmingly the broader public with an
ate, it picked up minor amendments to delay enact- on a bipartisan basis, 76-24. In the Senate, HB 2054 accountability tool to ensure
ment for localities with populations under 100,000 passed 22-16 with Senator Jill Vogel joining Demo- that legislators are working
until July 1, 2023, and to allow localities to go above crats in support. to serve the interests of their
and beyond state requirements if desired. constituents. Through the
HB 2001 passed the House of Delegates on a 53- Electrifying School Buses Conservation Scorecard, we
45 vote, and the Senate 22-17, with Senator Hanger House Bill 2118 – Del. Mark Keam (D-Fairfax) all have a transparent tool to
joining Democrats in support. Virginia LCV Position: p make certain that those elected
to represent us are working
Prioritizing Transit-oriented Development School buses are one of the strongest candidates to protect our natural spaces,
House Bill 2054 – Del. Ibraheem Samirah for heavy-duty vehicle electrification. They reduce address the climate crisis,
(D-Fairfax) carbon, and eliminate particularly harmful pollutants and protect overburdened
Virginia LCV Position: p relative to their diesel counterparts. The health ben- communities from the harmful
efits are directed primarily toward the children that impacts associated with
”
This bill builds on legislation adopted in the 2020 ride them. Electric buses travel regular routes, can be environmental exploitation. The
session to require larger cities, towns, and counties to connected to the grid to provide energy storage when Scorecard places the power
consider incorporating strategies to promote tran- not in use, and save money over time on fuel and of accountability back into the
sit-oriented development as they update their com- maintenance that can be directed toward education. hands of advocates and the
prehensive plans. During the planning process, HB However, the high initial cost of electric buses rel- public.
2054 includes the consideration of reducing, modify- ative to diesel buses represent a barrier to adoption, – Kim Jemaine,
ing, or waiving local parking requirements or ratios, as and a three-year debate centering around the degree Virginia Director,
part of those strategies. to which electric utilities could be involved in bus own- Chesapeake Climate
Reducing vehicle miles traveled greatly lowers ership and use have resulted in this issue becoming a Action Network.
transportation carbon emissions. When communities perennial flashpoint.
are walkable and well-served by public transit, car HB 2118 creates a state grant program to assist
ownership rates decrease and pavement reserved for local schools in converting their diesel school buses
parking spaces becomes superfluous, prohibitively to electric vehicles and prioritizes localities with high
2021 Conservation Scorecard | 19You can also read
