“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

Current Tools:

1 - Entities:

federal/multistate, state,

regional

2 - Funding

3 - Other Tools

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

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)

- 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

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

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.

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

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)

Other Tools1) 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)

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

Tools That Are Still Needed

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?

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

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?

Funding for research and

for localities to mitigate flood risk

Elizabeth Andrews, Director

Virginia Coastal Policy Center

William & Mary Law School

eaandrews@wm.edu