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2007 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chairman: Charles R. Hawkins

Clerk: Hobie Lehman, Charles Shotton
Staff: M. Farber, E. Porter
Date of Meeting: January 29, 2007
Time and Place: 9:30 AM / Senate Room B
*Note Time Change

H.B. 3005 Natural gas pipeline; Marine Resources Commission to grant easements and rights-of-way.

Patron: Jones, S.C.

Property conveyance.  Authorizes the Virginia Marine Resources Commission to grant easements and rights-of-way to Virginia Natural Gas, Inc. across the beds of the Hampton Roads Harbor and Elizabeth River Reach for the construction of a natural gas pipeline.

A BILL to authorize the Marine Resources Commission to grant easements and rights-of-way across and in the beds of the Hampton Roads Harbor (Lower James River) and Elizabeth River Reach, including a portion of the Baylor Survey, to Virginia Natural Gas, Inc. for a natural gas pipeline.

070972366

EMERGENCY

S.B. 821 Erosion and sediment control; violation of ordinances.

Patron: Devolites Davis

Violation of erosion and sediment control ordinances. Increases local discretion to impose a civil penalty for a violation of its erosion and sediment control ordinance.

A BILL to amend and reenact § 10.1-562 of the Code of Virginia, relating to violations of erosion and sediment control laws; penalty.

072545726

S.B. 925 Air pollution; methods to determine opacity.

Patron: Ticer

Methods to determine opacity. Authorizes the Executive Director of the Department of Environmental Quality to use various methods to determine whether opacity requirements or opacity limits for air quality are being met.

A BILL to amend and reenact § 10.1-1307.3 of the Code of Virginia, relating to opacity standards for the control of air pollution.

072548828

S.B. 930 Humane investigators; restores program thereof.

Patron: Ticer

Humane investigators. Restores the humane investigator program to its pre-2003 status. In 2003, the law was amended to limit (i) the number of humane investigators to those currently serving and (ii) the number of programs to those currently in operation. The 2003 bill allowed those appointed prior to July 1, 2003, to be reappointed for three-year terms. This bill removes the limitations placed on the program by the 2003 law.

A BILL to amend and reenact § 3.1-796.106 of the Code of Virginia, relating to humane investigators.

072533828

Impact Statements

S.B. 951 Stray animals; allows a person living in any political subdivision to adopt.

Patron: Quayle

Adoption of stray animals.  Allows a person living in any political subdivision of the Commonwealth to adopt a stray animal. Currently, persons residing in the locality for which the pound is operated or in an adjacent locality can adopt an animal from a pound; however, any resident regardless of where he lives can adopt an animal if it is sterilized.

A BILL to amend and reenact § 3.1-796.96 of the Code of Virginia, relating to the disposition of stray animals.

079016800

S.B. 1061 Fertilizers; regulation thereof.

Patron: Watkins

Local regulation of fertilizer.  Prohibits localities from regulating the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizers more stringently than the U.S. Environmental Protection Agency or the Department of Environmental Quality.

A BILL to amend the Code of Virginia by adding a section numbered 3.1-106.4:1, relating to the regulation of fertilizer.

070965840

S.B. 1076 Disabled persons; authorizes Department of Forestry, et al to adopt hunting, etc. regulations.

Patron: Ruff

Exemptions for disabled persons. Authorizes the Department of Forestry and the Board of Game and Inland Fisheries to adopt regulations that allow disabled persons increased access to hunting, fishing, and trapping opportunities.

A BILL to amend the Code of Virginia by adding sections numbered 10.1-1153.1 and 29.1-508.2, relating to the adoption of regulations to allow disabled persons increased access to hunting, fishing, and trapping activities.

072119812

Impact Statements

S.B. 1091 Coal miner certification; requires pre-employment substance abuse testing & suspension.

Patron: Puckett

Coal miner certification and mine safety. Requires pre-employment substance abuse testing and provides for the immediate and temporary suspension of miner certification for certain violations related to drugs or alcohol. Requires certificate holders to notify the Board of Coal Mining Examiners of any drug-related criminal conviction within 30 days. Also allows the Board of Coal Mining Examiners to increase examination fees for miner certification from $10 to an amount not to exceed $50.

A BILL to amend and reenact §§ 45.1-161.31, 45.1-161.32, 45.1-161.35, 45.1-161.37, 45.1-161.39, 45.1-161.64, 45.1-161.76, 45.1-161.78, 45.1-161.87, and 45.1-161.257 of the Code of Virginia, relating to coal miner certification and mine safety.

072516792

Impact Statements

S.B. 1190 Fighting of cocks and other animals; Class 6 felony for any person to engage therein.

Patron: Reynolds

Fighting of cocks and other animals.  Makes it a Class 6 felony for any person to engage in the fighting of cocks or other animals except dogs. Under the dogfighting statute, it is currently a Class 6 felony to engage in dogfighting. The bill also makes it a Class 6 felony to possess to train, transport, or sell any animal for the purpose of fighting. The penalty for attending a cock or other animal fight is increased from a Class 3 misdemeanor to a Class 1 misdemeanor.

A BILL to amend and reenact § 3.1-796.125 of the Code of Virginia, relating to the fighting of cocks and other animals; penalty.

079183808

Impact Statements

S.B. 1313 Sewage sludge; local government to certify that site thereof in compliance with ordinances.

Patron: Hawkins

Land application of sewage sludge.  Requires that the local government certify as part of the state permit application to land apply sewage sludge that the site of the proposed spreading of sewage sludge is in compliance with all local ordinances. The bill also gives localities the authority to adopt an ordinance that reasonably restricts the land application of sewage sludge to certain areas or parcels based on public health, welfare, or safety criteria. The Department of Environmental Quality or the Department of Health permit application filled out by the person applying the sewage sludge is not considered complete until there is such local certification.

A BILL to amend and reenact §§ 32.1-164.5 and 62.1-44.19:3 of the Code of Virginia, relating to land application of sewage sludge.

070985736

S.B. 1322 City of Lynchburg Combined Sewer Overflow Fund; created.

Patron: Newman

Governor's budget; proposed appropriations. Requires the Governor to include in his proposed budget for each of the next 10 fiscal years a $3 million appropriation for combined sewer overflow controls in the City of Lynchburg. The funding sources for the proposed appropriation would be any surplus revenues and unreserved general fund balance, which are otherwise designated for deposit into the Virginia Water Quality Improvement Fund.

A BILL to amend and reenact §§ 2.2-1509 and 10.1-2128 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 10.1-2132.1, relating to combined sewer overflow in the City of Lynchburg.

077458776

S.B. 1345 Dogfighting; certain people are required to report.

Patron: Lambert

Reporting of suspected dogfighting.  Requires public employees, employees of or volunteers at pounds and shelters, and veterinarians to report to animal control or law-enforcement officers injuries to a dog when the injury is consistent with fighting of dogs. If such persons fail to make such a report they are subject to a Class 3 misdemeanor.

A BILL to amend the Code of Virginia by adding a section numbered 3.1-796.124:1, relating to the reporting of suspected dogfighting; penalty.

072552748

Impact Statements

S.B. 1402 Discharges into Levisa Fork; prescribes size of mixing zone for discharge of salty mine water.

Patron: Puckett

Discharges into the Levisa Fork.  Prescribes the size of a mixing zone for the discharge of salty mine water into the Levisa Fork or its tributaries. Anyone who violates the mixing zone standard would be guilty of a Class 1 misdemeanor. The bill requires that any discharge permit that conflicts with this mixing zone standard for the Levisa Fork River or its tributaries be promptly amended to comply with the standard established in the bill. The bill also prohibits the issuance or maintaining of a permit or certificate allowing the discharge or dumping of PCBs upon the banks of or into the Levisa Fork. This is emergency legislation.

A BILL to amend and reenact § 62.1-194.3 of the Code of Virginia, relating to protection of the Big Sandy River and its tributaries; penalty.

079261792

S.B. 1407 Crop incentive programs; requires Department of Agriculture and Consumer Services to develop.

Patron: Hanger

Crop incentive programs.  Requires the Department of Agriculture and Consumer Services to develop a program to provide grants to (i) encourage the production of switch grass, (ii) assist in the development and initial marketing of farm wineries, and (iii) promote shellfish aquaculture within the waters of the Chesapeake Bay.

A BILL to amend the Code of Virginia by adding a section numbered 3.1-14.4, relating to establishment of crop incentive programs.

076567732