2011 SESSION

Convened January 12, 2011 -

CONSERVATION

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over from 2010 Session (CD) Carried over but died in committee on or before 12/2/2010

Advisory boards, councils, and other advisory collegial bodies, certain; elimination. Amending §§ 2.2-4303, 2.2-4308, 2.2-4323, 3.2-2800, 3.2-2805, 3.2-2806, 9.1-108, 9.1-112, 10.1-419, 33.1-221.1:1.1, 44-146.35, 44-146.38, 44-146.40, 60.2-113, and 62.1-44.34:26; repealing §§ 2.2-1134, 2.2-2404 through 2.2-2408, 2.2-2667, 2.2-2668, 2.2-2732, 2.2-2733, 3.2-2801 through 3.2-2804, 3.2-2807, 9.1-802, 9.1-803, 15.2-6500 through 15.2-6504, 33.1-391.3:1, 44-146.39, and 62.1-132.11:2. (Patron-Peace, HB 2520 (Chapter 594); Martin, SB 1471 (Chapter 681))

Air emissions; repeal of laws and regulations related to Clean Air Interstate Rule. Repealing §§ 10.1-1327 and 10.1-1328. (Patron-McDougle, SB 1058 (Chapter 291))

Air pollution; Board shall develop a model ordinance to regulate outdoor hydronic heaters such as residential wood-fired boilers. Amending §§ 10.1-1308 and 10.1-1321. (Patron-Ruff, SB 1303 (F))

Appomattox State Scenic River; designating lower portion thereof as a scenic river. Amending § 10.1-409. (Patron-Ingram, HB 2424 (Chapter 276))

Appomattox State Scenic River; increases length of portion thereof that has been designated as scenic river. Amending § 10.1-409. (Patron-Ingram, HB 1281 (CD))

Biscuit Run; Department of Conservation and Recreation to negotiate land exchange of certain acres in Albemarle County. (Patron-Abbitt, HB 2167 (Chapter 696))

Budget process; biennial appropriations shall start on July 1 of odd-numbered years beginning with period July 1, 2011, through June 30, 2013. Amending §§ 2.2-1503.1, 2.2-1504, 2.2-1506, 2.2-1508, 2.2-1509, 2.2-2400, 2.2-2407, 2.2-2629, 9.1-167, 9.1-172, 10.1-1322, 10.1-1402.1, 10.1-2202.3, 10.1-2212, 10.1-2213, 16.1-309.4, 22.1-18.01, 22.1-253.13:6, 22.1-289.1, 23-9.2:3.03, 23-19, 33.1-13.02, 33.1-23.02, 46.2-1503.5, 51.1-145, 53.1-82.3, 54.1-114, 54.1-1118, 54.1-2113, 54.1-4421, 58.1-1011, 58.1-1021.04:1, and 62.1-44.15:6. (Patron-McDougle, SB 102 (CD))

Budget process; changes State’s budget from biennial budget to budget covering single fiscal year. Amending §§ 2.2-1503.1, 2.2-1504, 2.2-1506, 2.2-1508, 2.2-1509, 2.2-1509.1, 2.2-1509.3, 10.1-2128.1, and 30-19.13. (Patron-Pollard, HB 1938 (F))

Carbon dioxide; prohibits Air Pollution Control Board and Department of Environmental Quality from taking any action to restrict emission thereof. Amending § 10.1-1300; adding § 10.1-1306.1. (Patron-Morefield, HB 1357 (CD); Morefield, HB 2470 (F))

Carbon dioxide emissions; defers U.S. Environmental Protection Agency enforcement of any standards or cap and trade provisions that are included in federal Clean Air Act. Adding § 10.1-1306.1. (Patron-Marshall, R.G., HB 1319 (CD))

Carbon dioxide emissions; defers U.S. Environmental Protection Agency enforcement of any standards or cap and trade provisions that are included in federal Clean Air Act. Amending § 10.1-1308; adding § 10.1-1306.1. (Patron-Marshall, R.G., HB 1398 (F))

Cemeteries and graves of historic significance; expands an existing program to include. Amending §§ 10.1-2202 and 10.1-2211. (Patron-Ward, HB 1615 (F))

Cigarette butts; imposes civil penalty for improper disposal for each butt. Amending § 10.1-1422.01; adding § 10.1-1415.3. (Patron-Morrissey, HB 2344 (F))

Coal surface mining operations; clarifies authority to issue pollutant discharge elimination system permits. Amending § 45.1-254. (Patron-Poindexter, HB 2123 (Chapter 252); Puckett, SB 1025 (Chapter 290))

Commercial fisheries; provides for state and local tax, regulatory relief, and preservation thereof. Amending §§ 10.1-1009, 10.1-1700, 58.1-511, 58.1-512, and 58.1-3506; adding §§ 28.2-1108 through 28.2-1113 and 58.1-3851.1. (Patron-Morgan, HB 2263 (F))

Confederate cemeteries and graves; provides funds for maintenance at Portsmouth Cedar Grove Cemetery. Amending § 10.1-2211. (Patron-Quayle, SB 1410 (Chapter 543))

Confederate grave sites; authorizes expenditure of $5 per grave site, etc., for 310 graves in Fredericksburg Cemetery. Amending § 10.1-2211. (Patron-Houck, SB 950 (Chapter 603))

Conservation and Recreation, Department of; authorized to divest itself of certain properties that were conveyed to it by Norfolk Southern Railroad for High Bridge Trail State Park. (Patron-Ruff, SB 1300 (Chapter 319))

Conservation easements; removes requirement that person recording easement mail certified copy to Attorney General. Amending § 10.1-1012. (Patron-Wilt, HB 1715 (Chapter 207))

Constitutional amendment; forest harvesting and silvicultural activity equipment exempt from taxation (first reference). Amending Section 6 of Article X. (Patron-Hurt, SJR 95 (CD))

Constitutional amendment; tax exemptions for buildings, etc., constructed or designed to conserve energy and natural resources (second reference). Amending Section 6 of Article X. (Patron-Petersen, SJR 25 (CD))

Constitutional amendment; tax exemptions for buildings, etc., constructed or designed to conserve energy and natural resources (submitting to qualified voters). Amending Section 6 of Article X. (Patron-Petersen, SB 113 (CD))

Electric utilities; reinstates part of system under which investor-owned were regulated. Amending §§ 10.1-1186.2:1, 10.1-1197.8, 10.1-1307.02, 15.2-1901, 15.2-2316.2, 30-201, 30-202, 30-205, 56-1, 56-231.24, 56-234.2, 56-235.1:1, 56-235.2, 56-235.6, 56-235.8, 56-238, 56-245.1:2, 56-249.6, 56-265.2, 56-598, 58.1-400.3, 58.1-2900, 58.1-3221.4, 58.1-3506, 58.1-3814, 62.1-44.15:21, 67-101, and 67-1100; adding §§ 56-240.1, 56-247.2, 56-250.1, and 56-250.2; repealing §§ 56-576 through 56-596. (Patron-Armstrong, HB 2117 (F); Reynolds, SB 883 (F))

Endangered and threatened species; consolidates various programs administered by Virginia Department of Agriculture and Consumer Services, et al. Amending §§ 10.1-113, 10.1-1022.1, 28.2-1104, and 29.1-100; adding §§ 29.1-900 through 29.1-937; repealing §§ 3.2-1000 through 3.2-1011, 10.1-209 through 10.1-217, and 29.1-563 through 29.1-570. (Patron-Stuart, SB 968 (F))

Erosion and sediment control; allows public service authorities to annually file specifications with Virginia Soil and Water Conservation Board for construction of water and sewer lines. Amending § 10.1-563. (Patron-Ware, O., HB 1474 (F))

Erosion and sediment control plans; Virginia Soil and Water Conservation Board may charge fees to cover costs associated with standard and specification review and approval. Amending § 10.1-563. (Patron-Ware, O., HB 1495 (Chapter 721); Edwards, SB 1064 (Chapter 720))

Federal ethanol policy, current; Congress of United States urged to address issues of liability, etc., and encourage U.S. Environmental Protection Agency to withdraw its waivers until all pertinent testing on impacts of e-15 is completed and satisfactory. (Patron-Marshall, R.G., HR 73 (P))

Fertilizer; regulation of application and labeling. Amending §§ 3.2-3602, 3.2-3611, 10.1-104.2, 10.1-603.7, and 15.2-924.1; adding §§ 3.2-3607.1 and 10.1-104.5. (Patron-McDougle, SB 922 (I) See SB1055)

Fertilizer; regulation of application and labeling, report. Amending §§ 3.2-3600, 3.2-3602, 3.2-3602.1, 3.2-3607, 3.2-3611, 10.1-104.2, and 10.1-603.7; adding §§ 3.2-3607.1, 3.2-3607.2, and 10.1-104.5; repealing § 15.2-924.1. (Patron-Scott, E.T., HB 1831 (Chapter 341); Stuart, SB 1055 (Chapter 353))

Fertilizer and deicing agents; requires certain localities to regulate sale and application. Amending § 15.2-924.1; adding § 10.1-104.5. (Patron-Morrissey, HB 2348 (I) See HB1831)

Flashing amber warning lights; allows certain state vehicles performing environmental functions to be equipped. Amending § 46.2-1025. (Patron-Edmunds, HB 2372 (Chapter 268))

Fumigation facilities; exempted from various state and federal regulations. Amending § 10.1-1308; adding § 10.1-1308.01. (Patron-Knight, HB 1625 (Chapter 393))

Golf carts and utility vehicles; authorizes limited over-the-road operation by Department of Conservation and Recreation employees. Amending §§ 46.2-916.2 and 46.2-916.3. (Patron-Robinson, HB 1972 (Chapter 469))

Greenhouse gas emissions; urging Congress of United States to address proposed regulations of Environmental Protection Agency in regards thereto. (Patron-Morefield, HR 72 (P); Puckett, SR 29 (F))

Impounding structure; definition, exempts dams that are operated primarily for agricultural preservation and conservation purposes. Amending § 10.1-604. (Patron-Vogel, SB 1406 (I) See SB1060)

Impounding structure; determination of hazard potential classification, development of general permit. Amending §§ 10.1-603.19 and 10.1-606.4; adding §§ 10.1-604.1 and 10.1-605.3. (Patron-McDougle, SB 1060 (Chapter 637))

Income tax, corporate and state; credit for land conservation. Amending § 58.1-512. (Patron-Scott, E.T., HB 632 (CD))

Income tax, state and corporate; tax credit to taxpayers for granting easements to recreation authority. Adding § 58.1-439.12:03. (Patron-Morefield, HB 845 (CD))

Interbasin water transfers; establishes a procedure. Adding §§ 62.1-44.34:29 through 62.1-44.34:38. (Patron-Wright, HB 2402 (F); Ruff, SB 1307 (F))

Land conservation; Joint Legislative Audit and Review Commission to study long-term dedicated funding sources. (Patron-Whipple, SJR 335 (P))

Land preservation tax credit; credit shall not be reduced by amount of unused credit that could have been claimed in prior year by taxpayer. Amending § 58.1-512. (Patron-Quayle, SB 1153 (Chapter 377))

Land preservation tax credit; Department of Conservation to compile report on land qualifying for credits to protect water quality. Amending § 58.1-512. (Patron-Whipple, SB 979 (Chapter 672))

Land preservation tax credit; limits maximum amount that any taxpayer may receive. Amending § 58.1-512. (Patron-Morgan, HB 1445 (I) See HB1820; Ware, R.L., HB 1820 (Chapter 212))

Land preservation tax credits; licensed transfer agent to conduct transfer of credit, if Tax Commissioner requires second appraisal application is incomplete until fair market value of donation has been determined. Amending § 58.1-512. (Patron-Deeds, SB 1232 (Chapter 296))

Land preservation tax credits; refunded by the Tax Commissioner, establishes Local Purchase of Development Rights Matching Grant Fund. Amending §§ 3.2-201 and 58.1-513; adding § 3.2-201.1. (Patron-Hanger, SB 1088 (F))

Land preservation tax credits; requires use of licensed transfer agent to transfer to taxpayer who is not an individual. Amending § 58.1-513; adding § 58.1-513.1. (Patron-Hanger, SB 1087 (I) See SB1232)

Lawn fertilizers; prohibits use and application of those that contain phosphorus. Amending § 10.1-104; adding § 10.1-104.5. (Patron-Plum, HB 329 (CD); Plum, HB 1751 (I) See HB1831)

Local roads; cities and towns that decide to take over responsibility for their construction programs must notify Transportation Board by December 31. Amending §§ 10.1-603.8, 33.1-23.3, 33.1-70.1, and 33.1-70.2. (Patron-Wilt, HB 1758 (Chapter 400))

Municipal separate storm sewer facilities; right of entry of operators to inspect properties from which discharge enter system. Amending § 10.1-603.12:1. (Patron-Bulova, HB 1739 (Chapter 453))

Noise abatement practices; first consideration should be given to use of noise reducing design and low noise pavement materials for highway projects that require mitigation of traffic noise. Amending § 33.1-223.2:21. (Patron-May, HB 2025 (Chapter 476))

Nonhazardous solid waste management facilities; annual fee. Amending § 10.1-1402.1:1. (Patron-Sickles, HB 2287 (F))

Nottoway River; extends portion that is designated as a component of Virginia Scenic Rivers System. Amending § 10.1-414. (Patron-Tyler, HB 1743 (Chapter 96); Barlow, HB 2137 (I) See HB1743; Lucas, SB 778 (Chapter 136))

Nutrient Offset Fund; created for purchase of nutrient reductions certified under Chesapeake Bay Watershed Nutrient Credit Exchange Program. Amending §§ 62.1-44.19:15 and 62.1-44.19:18; adding § 10.1-2128.2. (Patron-Hanger, SB 1100 (Chapter 524))

Open-space land; expands definition. Amending § 10.1-1700. (Patron-Knight, HB 1621 (Chapter 85); Hanger, SB 1104 (Chapter 159))

Permit compliance; Department of Environmental Quality increases limit of a civil penalty issued by a special order of Director, etc. Amending §§ 10.1-1182 and 10.1-1186; adding § 10.1-1186.6. (Patron-McEachin, SB 1119 (V))

Permit fees for solid waste facilities; establishes same fee structure for sanitary landfills, noncaptive industrial landfills, etc. Amending § 10.1-1402.1:1. (Patron-Watkins, SB 1007 (Chapter 420))

Plastic bags; use by retailers. Adding § 10.1-1415.3. (Patron-Ware, O., HB 1498 (F))

Point source nutrient trading; shall not be subject to a two-for-one trading ratio. Amending § 62.1-44.19:15. (Patron-Hanger, SB 1102 (Chapter 440))

Real property tax; classification of certain historical buildings. Adding § 58.1-3221.5. (Patron-Stolle, HB 1851 (Chapter 571); Wagner, SB 860 (Chapter 581))

Renewable energy incentives; created for development of renewable energy facilities in State. Amending §§ 2.2-1175, 2.2-4344, 10.1-1197.6, 56-576, 62.1-198, 62.1-199, and 62.1-203; adding §§ 2.2-4325.1 and 62.1-218.1. (Patron-Cosgrove, HB 2447 (F))

Renewable portfolio standard program; forest products. Amending § 56-585.2. (Patron-Stuart, SB 875 (F))

Resident curator programs; locality may develop for purpose of managing, etc., historic areas owned or leased. Amending §§ 15.2-2201 and 15.2-2306. (Patron-Rust, HB 1963 (Chapter 237))

Residential energy efficiency standards; exempts any residential building or manufactured home from being subject to federally enacted legislation if such buildings comply with Statewide Uniform Building Code. Adding § 10.1-1306.1. (Patron-Marshall, R.G., HB 1397 (F))

Resource management plans; effect of implementation, exclusions. Amending § 2.2-3705.6; adding §§ 10.1-104.5, 10.1-104.6, and 10.1-104.7. (Patron-Scott, E.T., HB 1830 (Chapter 781))

Stormwater management fees; localities shall provide waivers to federal, etc., agencies when agency provides for maintenance of on-site storm drainage. Amending § 15.2-2114. (Patron-Wilt, HB 1760 (I) See HB1737)

Stormwater management systems; local regulation. Amending § 15.2-2114. (Patron-Bulova, HB 1737 (Chapter 452))

Stormwater nonpoint nutrient offsets; establishes priorities to be used by permit issuing authorities when considering off-site options. Amending § 10.1-603.8:1. (Patron-Hanger, SB 1099 (Chapter 523))

Stormwater regulation; amends current law. Amending § 15.2-2114. (Patron-Jones, HB 987 (CD); Quayle, SB 650 (CD))

Stormwater utility fees; an exemption for certain religious and nonprofit uses. Amending § 15.2-2114. (Patron-Ingram, HB 2071 (F))

Supplemental environmental projects; Department of Conservation and Recreation to establish. Adding § 10.1-104.5. (Patron-Ware, R.L., HB 2368 (Chapter 505))

The Road to Revolution; adds Leatherwood Plantation in Henry County to this heritage trail. Amending Chapter 852, 2007 Acts. (Patron-Armstrong, HB 2116 (Chapter 114); Reynolds, SB 1161 (Chapter 168))

Virginia Commonwealth University; authorizes board of visitors to convey certain real property to City of Richmond, property must be used for official Richmond Slave Trail. (Patron-McQuinn, HB 2209 (Chapter 578); Marsh, SB 971 (Chapter 582))

Virginia Indoor Clean Air Act; smoking in public buildings prohibited, penalty. Amending §§ 15.2-2820, 15.2-2824, 15.2-2826, 15.2-2829, and 15.2-2830; repealing § 15.2-2823. (Patron-Hope, HB 1814 (F))

Virginia Law Officers’ Retirement System; adds conservation officers of Department of Conservation and Recreation as members. Amending § 51.1-212. (Patron-Deeds, SB 1233 (F))

Virginia Pollution Abatement Permit; inspection requirements. Amending § 62.1-44.15. (Patron-Scott, E.T., HB 1828 (Chapter 101); Ruff, SB 1298 (Chapter 52))

Virginia Soil and Water Conservation Board; increases voting membership. Amending § 10.1-502. (Patron-Scott, E.T., HB 1829 (Chapter 213); Martin, SB 1412 (Chapter 228))

Virginia Soil and Water Conservation Board; requires owners of dams to submit annual certifications each year by January 15. Amending §§ 10.1-605 and 10.1-605.1. (Patron-Hanger, SB 1456 (Chapter 323))

Virginia War of 1812 Heritage Trail; established. (Patron-Peace, HB 1602 (Chapter 203))

Virginia Waterways Clean Up and Consumer Choice Act; paper and plastic bag fee. Adding §§ 58.1-1734 through 58.1-1737. (Patron-Ebbin, HB 2047 (F))

Water quality reports; consolidates several reports on progress in cleaning up State’s impaired waters. Amending §§ 10.1-2128.1 and 62.1-44.118. (Patron-Poindexter, HB 2058 (Chapter 245))

Water reuse; Secretary of Natural Resources to develop guidelines that include criteria and financial incentives. Amending § 10.1-2129. (Patron-Hanger, SB 1427 (Chapter 189))