Virginia General Assembly

Structure and Authority

The Virginia General Assembly is the state legislature and consists of the House of Delegates with 100 members and Senate with 40 members. The Virginia General Assembly is a part-time legislature, and elected officials convene for only a few months per year to debate and pass legislation. This period is 30 days in odd-numbered years, for example, 2025, and 60 days in even years. Because the session is so short, members scramble to pass a year's worth of legislation and budgeting in only a few weeks. Although members may pre-file legislation prior to the session start.

The Virginia General Assembly has the authority to pass laws, allocate funding, and shape regulatory frameworks. As part of their budgetary authority, the Virginia General Assembly designates funding to state agencies and programs such as the Virginia Department of Environmental Quality (VA DEQ). Virginia operates under a two-year budget cycle. The Governor prepares a proposed budget bill for introduction by the Virginia General Assembly. This bill is initially adopted in even-numbered years and amended in odd-numbered years.

The Virginia General Assembly also mandates state agency actions, for example, requiring agencies to consider environmental justice in their decision-making as required by the 2020 Environmental Justice Act and issue reports.

Research for the Virginia General Assembly is conducted by the Joint Legislative Audit and Review Commission (JLARC) and spans program evaluation, policy analysis, and oversight of state agencies.

Environmental Justice

Environmental Justice Act, 2020

In 2020, the Virginia General Assembly passed the Virginia Environmental Justice Act requiring all state agencies to integrate environmental justice considerations into their decision-making. This includes the consideration of permits, infrastructure siting, project approvals, contracts, and other regulatory activities. The Act defines environmental justice as "fair treatment and meaningful involvement of every person, regardless of race, color, national origin, income, faith, or disability, regarding the development, implementation, or enforcement of any environmental law, regulation, or policy." State agencies are expected to submit environmental justice impact reports, analyze disproportionate adverse impacts, and propose mitigation or avoidance measures. The Act also supports data transparency, mapping, and tools to help identify environmental justice populations and cumulative environmental impacts.

The Act requires agencies to consider fenceline communities and environmental justice communities, defined as "low-income or communities of color." The Act defines meaningful involvement such that "(i) affected and vulnerable community residents have access and opportunities to participate in the full cycle of the decision-making process about a proposed activity that will affect their environment or health and (ii) decision-makers will seek out and consider such participation, allowing the views and perspectives of community residents to shape and influence the decision."

The Act was introduced to Virginia General Assembly by House Delegate Mark Keam from the 35^th district, located in Northwestern Virginia in the Shenandoah Valley, as House Bill (HB) 704 and then-Senator and current Lieutenant Governor Ghazala Hashmi from the 15^th district, located just south of Richmond, as Senate Bill (SB) 406.

HB 704 and SB 406: "It is the policy of the Commonwealth to promote environmental justice and ensure that it is carried out throughout the Commonwealth, with a focus on environmental justice communities and fenceline communities."

The Virginia Environmental Justice Act was signed into law by Governor Ralph Northam on April 22, 2020.

Limitations: While symbolically important, the Virginia Environmental Justice Act lacks concrete enforcement mechanisms and accountability structures. The Act does not establish which issues must be considered environmental justice issues nor require state agencies to block or modify their actions on environmental justice grounds. Assessment and impact reports are advisory not mandatory triggers of action. Second, there is no centralized enforcement body or penalty regime linked to non-compliance by state agencies. In practice, concerns of environmental racism may be handled rhetorically without the firm teeth to force changes or prevent inequalities in implementation.

Clean Energy and Community Flood Preparedness Act, 2020

State Senator Ghazala Hashmi speaks during a public comment period in support of the Regional Greenhouse Gas Initiative before the State Air Pollution Control Board vote at Reynolds Community College on June 5, 2023 in Richmond. Photograph by Ryan Kelly.

The Clean Energy and Community Flood Preparedness Act authorized Virginia's participation in the Regional Greenhouse Gas Initiative (RGGI), a multi-state carbon market. The Act allocates auction revenues toward flood preparedness and resilience programs. The Act and RGGI focus on greenhouse gas emissions reduction rather than particulate matter or coal dust specifically.

Because 50% of the revenue from RGGI supports energy efficiency programs for low-income and energy-insecure households, the Act is often cited as one of the few environmental justice laws in Virginia. The energy efficiency program is administered by the Virginia Department of Housing and Community Development.

In 2023, the State Air Pollution Control Board voted to leave RGGI, as directed by Governor Glenn Youngkin (2022–2026) in Executive Order (EO) 9. The Youngkin administration contended that the Virginia General Assembly "authorized but did not mandate" Virginia to join the program.

In her first State of the Commonwealth address, Governor Abigail Spanberger (2026–2030) stated her support for Virginia to rejoin RGGI, and Virginia Attorney General Jay Jones claimed Governor Youngkin illegally withdrew Virginia from RGGI.

Omnibus Environmental Justice Bill, 2021 (Not Passed)

The Omnibus Environmental Justice Bill (HB 2074) would have codified the Interagency Environmental Justice Working Group as an advisory council in the executive branch and directed each of the Governor's Secretaries to designate at least one environmental justice coordinator to the Working Group. The Virginia General Assembly had established the Working Group through an amendment to the state budget in 2020.

HB 2027 would have directed the Working Group to focus in its first year on air quality-related environmental justice issues and monitoring practices in Virginia. The Working Group would have expired on July 1, 2031.

HB 2027 would have directed all state agencies to evaluate the environmental justice consequences of their actions and the cumulative impacts of the administration of regulations. HB 2027 would have required agencies to develop public participation plans for residents of environmental justice communities and fenceline communities potentially affected by agency actions.

Finally, HB 2027 would have required local governments, who are adopting or reviewing a comprehensive plan to consider environmental justice communities and issues as part of the planning process.

HB 2074 was sponsored by House Delegate Shelly Simonds from 70^th District located in central and northern Newport News. HB 2074 was passed the Virginia House of Delegates and was revised and passed in the Senate as SB 1318.

SB 1318 was sponsored by Senators Hashmi, Jennifer Boysko (38^th district located in Fairfax and Loudoun Counties), and Jennifer McClellan (4^th district, in and around Richmond). SB 1318 removed the requirement for local governments to consider environmental justice as part of their comprehensive plans, a change that was not approved by the House of Delegates. The House and Senate could not reach a compromise before the year's legislative session ended, and the bill was not passed.

Air Quality Monitoring Program for Certain Communities, 2025 (Stalled in Committee)

HB 2267 would have required the VA DEQ to establish air monitoring program for fenceline communities, who are "disproportionately impacted by toxic metals, coal dust pollution, and other inhalable particulate matter that can cause adverse health effects, including PM_2.5 and PM₁₀." HB 2267 would have then required the VA DEQ to report to the Virginia General Assembly and the Virginia Council on Environmental Justice (VACEJ) by October 1, 2026, and then annually. This report was to have included recommendations for regulatory or legislative actions. It is worth note that HB 2267 specifically mentioned coal dust pollution.

HB 2267 was sponsored by Bonita Anthony from the 92^nd district, which includes Lambert's Point, Norfolk. HB 2267 stalled in committee and did not reach the House floor for debate.

Coal Dust

Joint Subcommittee Studying Measures to Reduce Emissions from Coal-Carrying Railroad Cars, 1992

In response to community activism, the Virginia General Assembly formed the Joint Subcommittee Studying Measures to Reduce Emissions from Coal-Carrying Railroad Cars in 1992. The Subcommittee was charged with evaluating strategies for reducing coal dust from moving coal-carrying railcars and recommending legislative or regulatory changes.

In 1997, the Virginia General Assembly passed Virginia Senate Joint Resolution No. 257, requiring Norfolk Southern to submit annual reports to the on coal dust pollution blown from moving trains.

Senate Joint Resolution No. 257: "although the joint subcommittee has not found legislative action by the General Assembly in this area to be either necessary or desirable at the present time, it is highly desirable that the General Assembly be kept abreast of actions by railroad companies and coal producers that may affect the amount of coal dust blown from moving trains so that timely action may be taken if such should prove necessary or desirable in the future."

Despite decades of reporting, the Subcommittee has never recommended specific regulatory or enforcement activities. Instead, the Subcommittee functions more as an advisory body—allowing industry self-reporting to dictate coal dust mitigation requirements. The Subcommittee's recommendations have avoided binding mandates, often citing economic costs and technological feasibility constraints significantly shaped by Norfolk Southern.

For example, proposals for covering railcars and enclosing dumpers were considered too expensive or unsafe, and efforts to prescribe mandatory dust suppression approaches or upgrade railcar designs have remained voluntary. Additionally, the Subcommittee has deferred to Norfolk Southern's own air monitoring and cost-benefit analysis instead of requiring independent oversight or third-party audits. Reports highlight that air quality measurements conducted by Norfolk Southern of fine particles (PM_2.5) and course particles (PM₁₀), also known as dust, do not exceed PM_2.5 or PM₁₀ National Ambient Air Quality Standards (NAAQS). However, reports do not discuss coal dust in terms of nuisance issues or health impacts.

In 2020, the Virginia General Assembly passed House Joint Resolution 25, renewing and expanding reporting and other requirements, particularly increasing opportunities for residents to submit complaints. The Resolution states explicitly that residents continue to suffer because of coal dust pollution.

House Joint Resolution 25: "Over 20 years after such prior resolution was passed, the problem with coal dust blown from moving trains still has not been resolved [...] Residents in the Commonwealth are still suffering from coal dust blown from railroad cars and, consequently, a threatened quality of life, and businesses are also being adversely affected [...] Reports indicate that the benefits of covering rail cars carrying coal dust and coal ash outweigh the cost."

Other

While not successful, HB 2267—Air Quality Monitoring Program for Certain Communities—explicitly mentioned coal dust pollution and its impact on fenceline communities.

The Virginia Clean Economy Act phased out most utility coal-fired power generation and accelerated reliance on renewable energy. The Act only applies to the two large electric utilities: Appalachian Power Company and Dominion Energy Virginia (this is not the same company as Dominion Terminal Associates). However, coal exported from the Port of Virginia in Southeast Newport News and Lambert's Point is bituminous coal, which is used to make steel internationally not electricity in Virginia.

Documents

• Report of the Joint Subcommittee Studying Ways to Reduce Emissions from Coal-Carrying Railroad Cars, Senate Document No. 58, Commonwealth of Virginia, Richmond, 1994