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The bill changes current policy and directs the SCC to permit reimbursement of "reasonable and prudent" utility expenditures on SMR development. In practice, utility lawyers and experts are very persuasive. Does the SCC have the staff or outside resources to fully evaluate the information the utilities provide about “advanced” reactor design and engineering? Implementing HB1491, sunk costs from front-end government subsidized capital and relatively low, early ratepayer costs will help APCo attorneys and engineers convince the SCC to require ratepayers to continue reimbursing ongoing SMR expenses incrementally. Continuing to require ratepayer credit for SMRs becomes the default choice. Throwing good money after bad. Utilities win either way by scooping up front-end federal and state subsidies, then forcing ratepayers to reimburse all other expenses. Like the $600 million “recovered” from Virginians for the shelved North Anna #3, designed but never built as this bill would allow APCo to force ratepayers to take the risks and pay even if a SMR nuclear plant is never completed. Then to be able to request a profit on top of the ratepayer subsidies, as if the plant were already producing electricity. The proposed SMRs are far from small. SB454 permits multiple SMRs, each up to 500 MW, at a single location. 500 MW is a standard-sized reactor, according to the Department of Energy. At the 500 mW limit a “small” modular nuclear reactor would be more than half as big as the largest nuclear reactors currently operating in Virginia. In a number of ways, this is no small thing. Please spare Virginia’s APCo customers - residential, commercial and industrial - from being forced to bear the risk and burden for SMRs. The risk for a risky project rightly falls on the company and its stockholders. Vote ”NO” on HB-1491.

H ACNR Nat Res VaLCV Legislative Positions -- We encourage you to SUPPORT HB199, HB745, HB968, HB985. HB 199 (Krizek) This legislation would: Remove the provision in Virginia’s Brownfield program that only permits federal funds to fund the program. Virginia’s Brownfield program provides a $500/kWh incentive for solar projects on former coal mines and a $100/kWh incentive for solar projects on brownfields. Reasons to SUPPORT HB199: This simple fix will allow the Commonwealth to appropriate funds to this program. These modest incentives will help offset the slightly higher cost of projects in these locations. The more projects that are sited on former coal mines and brownfields means less impacts to important natural resources like farms and forests. HB 745 (Laufer) This legislation would establish a mattress stewardship program to network of convenient and free collection sites for post-consumer mattresses, defined in the bill, that will facilitate higher rates of recycling and materials recovery for post-consumer mattresses. Reasons to SUPPORT HB745: Product stewardship programs are one of the best tools to reduce litter and increase recycling. Product stewardship puts responsibility on producers to develop recycling systems for their products. Mattresses contain high-value recyclable materials that can be recovered and used to create new products. According to the Mattress Recycling Council, more than 50,000 mattresses are discarded in the U.S. each day and more than 75 percent of a mattress can be recycled. HB 968 (Lopez) This Legislation Would: Create the Virginia Climate Innovation Authority to finance clean energy projects, greenhouse gas emissions reduction projects, and other qualified projects through the strategic deployment of public funds in the form of grants, loans, credit enhancements, and other financing mechanisms. Reasons to SUPPORT HB 968: Creation of the Virginia Climate Innovation Authority would: Accelerate the adoption of proven clean energy technology and greenhouse gas reduction projects to expand access to untapped markets and to bring benefits to historically underserved communities. Catalyze access to federal funds included in the Inflation Reduction Act, such as the Greenhouse Gas Reduction Fund (GGRF), a $27 billion commitment to fund “green banks” and other investment vehicles. Use public dollars to leverage private investment. HB 985 (Tran) High polycyclic aromatic hydrocarbon; prohibits pavement sealants that contain, civil penalty. This legislation would: Prohibit the use of toxic high-PAH pavement sealants. Reasons to SUPPORT HB985: The Chesapeake Bay Program has prioritized polycyclic aromatic hydrocarbons (PAHs) as the second most important toxic contaminant. PAHs are a class of chemicals that are the byproduct left over from burning coal, oil, gas, or wood. They are cancer-causing chemicals, and human exposure can come through breathing in, ingesting or absorbing through the skin. Pavement sealants with high PAH levels degrade, ultimately releasing dust and fine particles laden with carcinogens into homes, waterways, the soil, and the air. Stormwater runoff from PAH coatings continue to be highly toxic to fish and aquatic organisms months after their application. Low PAH sealants are cost-competitive and in regular use throughout the country.

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Virginia LCV encourages you to SUPPORT HB107, HB199, HB309, HB985. HB107 (Sullivan) Rural Electric Vehicle Charging Infrastructure Program and Fund Reasons to SUPPORT HB107 Supports communities otherwise left behind: The $106 million in federal funding for EV chargers is designated for major travel corridors. Virginia does not currently have funds set aside for EV charging stations in rural areas that are not along highways. Promotes tourism: EV charging stations near tourist destinations in low-income rural localities will ensure that people continue to visit the region as EVs become more prevalent, maintaining an essential contributor to the tax base and associated essential services, and supporting local businesses. Unlocks fuel/maintenance cost-savings for rural residents: With many EVs now achieving price parity with traditional gas-combustion vehicles, this bill will allow rural residents to reap cost savings associated with utilizing electricity, which is cheaper per mile than gas, as a fuel source. HB199 (Krizek) Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program; allocation of funds. This legislation would: Removes the provision in Virginia’s Brownfield program that only permits federal funds to fund the program. Virginia’s Brownfield program provides a $500/kWh incentive for solar projects on former coal mines and a $100/kWh incentive for solar projects on brownfields Reasons to SUPPORT HB199: This simple fix will allow the Commonwealth to appropriate funds to this program. These modest incentives will help offset the slightly higher cost of projects in these locations. The more projects that are sited on former coal mines and brownfields means less impacts to important natural resources like farms and forests. HB 309 (Hope) Forest Conservation Plan; Department of Forestry to develop. This legislation would: Establish the Forest Conservation Act. Requests that the Department of Forestry assess the health of Virginia’s forests, determine how many acres are healthy and how many acres are at risk and why. The primary interest of this act are areas adjacent to streams or wetlands, those on steep or erodible soils or those within or adjacent to large contiguous blocks of forest or wildlife corridors. Reasons to SUPPORT HB309: Forest loss hinders the state’s ability to improve water quality, reduce flooding and mitigate the impacts of climate change. Intact forests not only provide habitat for wildlife, but also act as sponges, filtering water and slowing runoff into our streams, reducing erosion and sediment in our waterways. HB985 (Tran) High polycyclic aromatic hydrocarbon; prohibits pavement sealants that contain, civil penalty. This legislation would: Prohibit the use of toxic high-PAH pavement sealants. Reasons to SUPPORT HB985: The Chesapeake Bay Program has prioritized polycyclic aromatic hydrocarbons (PAHs) as the second most important toxic contaminant. PAHs are a class of chemicals that are the byproduct left over from burning coal, oil, gas, or wood. Pavement sealants with high PAH levels degrade, ultimately releasing dust and fine particles laden with carcinogens into homes, waterways, the soil, and the air. Stormwater runoff from PAH coatings continue to be highly toxic to fish and aquatic organisms months after their application. Low PAH sealants are cost-competitive and in regular use throughout the country.

Statement of the Virginia Association of Soil and Water Conservation Districts in Support of HB 199 The Virginia Association of Soil and Water Conservation Districts (VASWCD) is a private nonprofit association of 47 soil and water conservation districts in Virginia. The Association provides and promotes leadership in the conservation of natural resources through stewardship and education programs. It coordinates conservation efforts statewide to focus effectively on issues identified by local member districts. Our mission is to serve and strengthen soil and water conservation districts in the stewardship of natural resources. At our December 2022 annual meeting, the Association unanimously expressed support for the General Assembly to remove any incentives to convert forest and prime agricultural lands into solar facilities, but instead to provide incentives for such solar facilities to be developed on brownfields and on existing residential and commercial structures, where they can contribute to greenhouse gas emission reduction without impairing the environmental quality in the Commonwealth or hurting our invaluable agricultural economy and way of life in rural Virginia. The Virginia Brownfield and Coal Mine Renewable Energy and Grant Fund Program was established in 2021, patroned by Delegate Kilgore. However, under current law it can only be funded through federal funds, which have never been forthcoming. Old coal mines and brownfields in Virginia could be very helpful in both meeting our Commonwealth’s renewable energy goals and in revitalizing our communities. HB 199 addresses the failure of the federal government to support this worthwhile program by making it possible for it to be funded with state government funds. The Virginia Association of Soil and Water Conservation Districts therefore strongly supports HB 199 patroned by Delegate Krizek. We believe HB 199 takes a positive step to promote responsible renewable energy development and, in the process, bring brownfields and old coal mines back to contributing economic and environmental value to Virginia communities. We urge its prompt passage.