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A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 2 of Title 33.2 a section numbered
33.2-280.3
and by adding in Article 2.6 of Chapter 3.1 of Title 62.1 a section numbered
62.1-44.15:85
, relating to precipitation design standards; non-stationary precipitation; climate-adjusted rainfall.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 4 of Chapter 2 of Title 33.2 a section numbered
33.2-280.3
and by adding in Article 2.6 of Chapter 3.1 of Title 62.1 a section numbered
62.1-44.15:85
as follows:
§ 33.2-
280.3
. Precipitation design standards for state transportation projects.
A.
The Department
shall incorporate
climate-adjusted precipitation values in
to
the design and construction of all stormwater management facilities, culverts, bridges, and other transportation infrastructure
,
consistent with the
precipitation design standards established by the
St
ate Water Control
Board pursuant to §
62.1-44.15:85
.
B
. The Commissioner shall ensure all relevant design
manuals and specifications issued by the Department, including the VDOT Drainage Manual and Structure and Bridge Manual
,
are updated
in accordance with this section.
C
. The Departm
ent shall coordinate with the Department of Environmental Quality and other state agencies to maintain consistency among precipitation design standards affec
ting transportation and flood-resilience infrastructure.
D
. The
Department shall identify
and pursue all funding sources that can be used
to
implement
this section, including programs related to transportation resilience, flood mitigation, and climate adap
tion.
E
. Nothing in this section shall prohibit a locality or a regional transportation authority from adopting more stringen
t precipitation design standards to address local or regional flood-risk conditions.
§
62.1-44.15:85
. Precipitation design standards; non-stationary precipitation; climate-adjusted rainfall.
A. As used in this section:
"Board" means the State Water Control Board
.
"NOAA" means the
National Oceanic and Atmospheric Administration
.
B.
Notwithstanding any other provision of law, all state agencies and political subdivisions of the Commonwealth,
including
the Department of Transportation and other entities responsible for public infrastructure, shall incorporate climate-ad
justed precipitation values when establishing design standards for stormwater management facilities, floodplain management, culverts, bridges, and other public infrastructure systems and structures
, including
for
projects developed through a public-private partnership.
C.
The Board shall
serve as the lead agency responsib
le for establishing and
maintaining precipitation
design
standards
.
Such precipitation design standards
shall
include
the most recent precipitation frequency
estimates published
in
NOAA
's national precipitation
f
requency
a
tlas
to a
ccount for observed and projected increases in precipitation intensity, frequency, and duration.
The Board shall determine the appropriate
projection time to reflect changing climate conditions.
D
.
The Board shall review at least annually
the requirements and related technical criteria provided in the Virginia Erosion and Sto
rmwater Management Regulation
(9VAC25-87
5
) to determine whether the most recent NOAA atlas
precipitation frequency estimates remain reflective of current conditions and sufficient to protect public safety, property, and infrastructure investments.
The Board may adopt standards or issue guidance through regulation consistent with
subdivision A4 of §
2.2-4006
as necessary to expedite implementation of this section.
E
.
A locality and all political subdivisions of such locality shall ensure that stormwater man
agement design manuals and standards are adopted
in accordance
with
this section.
F
. The Board shall identify
all funding sources
, including federal resilience or infrastructure programs,
that can be used
for costs associated with
establishing
and maintaining precipitation design
standards pursuant to this section
. The Board may
enter into
all
contract
s and agreements necessary
to receive such funding.
G
.
Nothing in this section shall prohibit a locality from adopting more stringent precipitat
ion design standards to address local or regional flood risks.
2. That the Department of Environmental Quality, Department of Transportation, and any other state agency shall update any relevant manuals and design standards consistent with the provisions of this act by July 1, 2027.
3. That the State Water Control Board and the Department of Transportation may use an abbreviated rulemaking process under subdivision A 4 of §
2.2-4006
of the Code of Virginia to adopt interim guidance or regulations implementing this act, ensuring that updated precipitation design standards take effect no later than July 1, 2027.
4. That until NOAA Atlas 15 precipitation frequency estimates are published and adopted by the Commonwealth, the State Water Control Board shall, in consultation with the Department of Transportation, issue guidance setting out a requirement that precipitation values derived from NOAA Atlas 14 be increased by at least 20 percent when used for design purposes.