A. Background. One important by-product of the growth of prosperity in the Commonwealth during the past two decades has been an increased concern among Virginians over the quality of their lives and their surroundings. In response to this concern the General Assembly has enacted major new legislation to preserve Virginia's natural beauty and to maintain a wholesome environment for its citizens. Stricter standards have been established to protect the purity of our air and water. A State Water Control Board was established in 1946 and an Air Pollution Control Board was created in 1966. Provision was made in 1972 to safeguard Virginia's wetlands from unwarranted encroachments. In addition, the 1972 General Assembly gave statutory recognition to the Council on the Environment and added the Chairman of the State Water Control Board and Air Pollution Board as members of the five man agency charged with the responsibility of coordinating agency activities. Programs for the reclamation of strip mines have been undertaken, as have studies for developing improved ways to dispose of solid waste.

The impetus for intensified environmental protection has come from without as well as within. Polluted air, rivers, and coastal waters know no state boundaries, and Virginia has perforce joined with her neighbors to develop mutually acceptable standards for these media. The federal government, too, has influenced the Commonwealth's approach to environmental protection. Substantial sums have been set aside by the Congress for the use of the State in pollution abatement programs. Such monies, however, are not always allocated without strings, but require in certain instances compliance with specified preconditions before being made available.

The cumulative effect of these recent developments has been to place new demands and burdens on Virginia's existing agencies concerned with the management of the environment. Old tasks have been given new importance, while new tasks have been added to an expanding range of institutional responsibilities. Comprehensive planning and the achievement of minimum standards are now required of practically every agency seeking federal financial support. To meet such prerequisites, the State has had to increase its own appropriations, to appoint new officials, and to create new office space. Since 1971, for example, the number of persons employed in Virginia for air pollution control alone has quadrupled. Since 1965, the professional staff of the now combined State Water Control Board has also quadrupled from fifty-four to two hundred three. It has been estimated by the State Water Control Board that because of new obligations imposed by the Federal Water Pollution Control Amendments of 1972 an additional two hundred sixty-six people will be needed in the Water Pollution Control program administered by the Commonwealth. The Marine Resources Commission is no longer responsible merely for the supervision of Virginia's shellfish industry (its traditional role), but of State bottomland and wetlands as well. In the process, the Commission is required to rule on applications for many different kinds of permits and to comment on numerous other licensing requests administered by other agencies. (A more detailed account of these and other developments is included in § IV of this report.)

As a consequence of this remarkable expansion of administrative responsibilities, the Commonwealth's existing agencies have become, in a word, overloaded. Administrative delays have become the rule rather than the exception; lines of communication have broken down within and between agencies; fragmentation and duplication of functions have wastefully drained State revenues; and perhaps most seriously, a number of critical environmental tasks simply have not been performed.

B. Mandate. The foregoing developments have not escaped the attention of the Virginia General Assembly. As early as 1971 the legislature directed the Virginia Advisory Legislative Council "to study the desirability of establishing a single State agency to regulate and control all environmental pollution." (H.J.R. 35 of 1970)

The Council returned a preliminary report on this subject in January of 1972, with the recommendation that:

"The study should be continued until both the Governor's Council on the Environment and the Solid Wastes Disposal Commission make their final report." (p. 2)

After extensive consideration of the matter during its 1972 session, the General Assembly resolved to accept this recommendation. In House Joint Resolution No. 50 of 1972, the Council

"...to continue its study of environmental problems including a comprehensive Environmental Study concerning all aspects of governmental management of environmental problems."

The Resolution went on to stipulate that:

"...the Council shall identify and study environmental problems now unregulated by the State government but which may be expected to be regulated in whole or in part at the State level."

It was further declared that:

"The report of the Council shall contain a certain specific proposal and alternatives within the scope of its study for the management of environmental problems at State level and those areas where State management efforts currently exist. In this regard, the report shall contain, but not b:.'! limited to, proposals and alternatives relating to reorganization of State agencies to heighten management effectiveness and innovate approaches to environmental problems now dealt with, directly or indirectly, at the State level." (For the full text of H.J.R. 50, see Appendix "A".)

Pursuant to this resolution, the Council reappointed a select Committee on Environmental Management from among its membership to continue the investigation. Stanley A. Owens of Manassas· was designated as Chairman of the Committee, and he was joined by Russell M. Carneal of Williamsburg, Lewis A. McMurran, Jr. of Newport News, William V. Rawlings of Capron, James M. Thomson of Alexandria, James C. Turk of Radford and Edward E. Willey of Richmond all from the 1970 Committee except Mr. Owens and Senator Rawlings. Subsequently, Senator Turk resigned from the Committee after his appointment to a federal judgeship.

C. Proceedings of the Committee. Recognizing the urgency of its assignment, the Committee on Environmental Reorganization met at regular intervals throughout the summer and autumn of 1972. With the assistance of consultants from a variety of areas and institutions, the Committee evaluated the present operation of Virginia's environmental agencies, identified major sources of delay and inefficiency, reviewed alternative modes of reorganization as undertaken in other states, and considered reorganization possibilities most appropriate to the needs of the Commonwealth.

In connection with their deliberations, the members heard from representatives of practically every relevant state agency, including the Air Pollution Control Board, the State Water Control Board, the Department of Conservation and Economic Development, the Commission of Game and Inland Fisheries, the Division of State Planning and Community Affairs, the Marine Resources Commission, the Department of Health, the Department of Agriculture and Commerce, the Governor's Council on the Environment, and the Office of the Attorney General. The Secretaries of Administration (T. Edward Temple), of Commerce and Resources (Maurice B. Rowe), and of Human Resources (Otis L. Brown), kindly offered their comments and suggestions. Remarks were also solicited from the Virginia Manufacturer's Association, the Virginia Institute of Marine Science and the Solid Wastes Study Commission.

A comparative review of environmental reorganization in other states was made possible through the aid of Mrs. Elizabeth Haskell, principal author of a major report on the subject, Mr. J. Donald Judy of the Council of State Governments in Lexington, Kentucky, and through supplementary materials furnished by the Attorneys General of twenty-seven different states.

Continuing assistance was provided by Dr. Joseph A. Miri of the College of William and Mary, who was retained as Consultant and undertook a study of environmental problems in the Commonwealth. Also assisting were Gerald P. McCarthy of the Governor's Council on the Environment and Deputy Attorney General Gerald L. Baliles and Mr. Richard G. Menaker and the staff of the Attorney General's Office.

The Virginia Advisory Legislative Council and the Division of Statutory Research and Drafting made staff and facilities available to carry out this study. Robert B. Cousins, Jr., and G. William White, Jr., of Statutory Research, were assigned as Counsel to assist the members and the study Committee.