Elizabeth Andrew's overview of environmental entities and challenges in Virginia from CBF's Watershed Forum on March 14, 2016.

1. “Tools in the Toolbox”:
An Overview, To Start the
Conversation
ENTITIES & PROGRAMS THAT CAN HELP ADDRESS
REGIONAL ENVIRONMENTAL CHALLENGES
CBF WATERSHED FORUM, MARCH 14, 2016
ELIZABETH ANDREWS
VIRGINIA COASTAL POLICY CENTER, W&M LAW SCHOOL

2. Current Tools:
1 - Entities:
federal/multistate, state,
regional
2 - Funding
3 - Other Tools

3. Federal/Multi-State Entities for Bay restoration:
Chesapeake Bay Program (since 1983) – regional partnership of
federal & state agencies, local governments, nonprofits and
academic institutions leading Bay restoration
2014 Chesapeake Bay Watershed Agreement –signed by all Bay
watershed states plus Bay Program and feds - establishes goals
and outcomes for the restoration of the Bay
Chesapeake Executive Council - Establishes the policy direction
for the restoration & protection of the Bay

4. State Entities – Some examples:
- ODU - Climate Change & Sea Level Rise Initiative / Center for
Sea Level Rise: Intergovernmental Pilot Project – a 2-year
project that is working to create a permanent structure/entity
for intergovernmental coordination, planning and response to
region-wide SLR
- VCPC – VIMS, W&M Law School, VA Sea Grant
- HB903 (2016) (not signed by Governor yet) – Commonwealth
Center for Recurrent Flooding Resiliency (ODU, VIMS, VCPC)

5. - Secure Commonwealth Panel (§ 2.2-222.3) – created in 2011
to monitor and assess implementation of statewide prevention,
preparedness, response, and recovery initiatives, and make
recommendations re: emergency preparedness; established
Recurrent Flooding Sub-Panel that reported progress to:
- Joint Subcommittee to Formulate Recommendations to
Address Recurrent Flooding (est. 2014); continued this year
(HJ84) as the Jt. Subcommittee on Coastal Flooding to
recommend strategies for minimizing impact of recurrent
flooding and coastal storms
- Governor’s Climate Change & Resiliency Update Commission

6. Eastern VA Groundwater Management Advisory
Committee created by HB924/Ch. 613 of the Acts
of Assembly (2015) – looking for ways to stabilize
groundwater usage, which would help stop land
subsidence
Bay TMDL Watershed Implementation Plan (WIP)
Stakeholders Group – state agencies, localities,
nonprofits

7. Regional Entities: Planning District Commissions
(HRPDC, MPPDC, NNPDC)
Created in the Code, with enumerated powers and responsibilities,
including:
§ 15.2-4207. Purposes of commission.
A. It is the purpose of the planning district commission to encourage and facilitate
local government cooperation and state-local cooperation in addressing on a
regional basis problems of greater than local significance. The cooperation resulting
from this chapter is intended to facilitate the recognition and analysis of regional
opportunities and take account of regional influences in planning and implementing
public policies and services. …
Types of regional cooperative arrangements that commissions may pursue include
but are not limited to (i) the facilitation of revenue sharing agreements; (ii) joint
service delivery approaches; (iii) joint government purchasing of goods and services;
(iv) regional data bases; and (v) regional plans.
B. The planning district commission shall also promote the orderly and efficient
development of the physical, social and economic elements of the district by
planning, and encouraging and assisting localities to plan, for the future.

8. Funding – Federal and Private
1)Grants/federal assistance – for example, FEMA Severe
Repetitive Loss Program grants to elevate houses; NOAA’s
Regional Resilience Grant Program (VA Beach just got a
grant to study ways to address emergencies related to SLR);
HUD’s National Disaster Resiliency Competition (VA is
receiving more than $120M in funding for innovative
resilient housing and infrastructure projects).
2)VA Environmental Endowment and other private funding for
research

9. Some examples of state funding:
1) VA Shoreline Resiliency Fund (SB282, 2016) - a low-
interest loan program to help residents and businesses
that are subject to recurrent flooding, as confirmed by a
locality-certified floodplain manager. Moneys from the
Fund may be used to mitigate future flood damage.
2) Stormwater Local Assistance Fund - matching grants for
SW BMPs; not guaranteed to get funding every year (see
HB1250/SB673 – Ch. 68 of Acts of Assembly (2016) –
codifies SLAF, pulling it out of Appropriation Act)

10. Other Tools
1) Living Shorelines – provide more shoreline resiliency.
HB526 (2016) (not signed by Governor yet): Living
shoreline projects approved by VMRC or local
wetlands board fully exempt from local property
taxes
2)Stormwater Management Regulations – Water
Quality & Quantity Requirements (reduce post-
construction runoff impacts)

11. How the State Water Protection Programs Fit
Together:
1)Before Construction: Chesapeake Bay Preservation
Act (RPAs); wetlands analysis with avoidance and
mitigation
2)During Construction: Erosion & Sediment Control
Law & regulations (except part of MS19)
3)Post-Construction: Stormwater Management Act &
regulations: Water Quality & Quantity Requirements,
including Flooding Criteria

12. Tools That Are Still
Needed

13. Specific authority to overcome the Dillon Rule
- Localities need the necessary authority for potential
adaptation measures, including the siting of certain
land uses and protection of critical infrastructure &
resources. And if they don’t act, they may face
litigation for inaction.
- SB1443 (2015) – Ordering localities in HRPDC to
incorporate strategies to combat SLR and recurrent
flooding in their comprehensive plans – what about
coastal localities outside the HRPDC? And other
specific authorities that might be needed?

14. Stormwater
- Regulations are highly technical, and can be complex
- Developed over approx. 6 years, with input from engineers,
localities, environmental organizations, etc.
- The Commonwealth committed to implementing them
statewide, in our WIP we submitted to the EPA
- BMP HWT Study by DEQ – HJ587 (2015)
- Green infrastructure – need to incentivize use in state
stormwater management program & use for pollutant
reduction in compliance with Bay TMDL, and get stormwater
and flooding protection programs to work better together;
also, use in local planning

15. A shift in mindset – more understanding of the risks
- Different planning required / building in flood-prone areas /
using plantings that are flood-resistant. Our professional
engineers, soil scientists, planners, architects, etc. need to
have training to increase awareness.
- SLR is personal; not someone else’s problem. It’s here today.
How do we help citizens to recognize that and understand
that we all need to work together to address it?

16. Funding for research and
for localities to mitigate flood risk

17. Elizabeth Andrews, Director
Virginia Coastal Policy Center
William & Mary Law School
eaandrews@wm.edu