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2008 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chairman: Patricia S. Ticer

Clerk: Hobie Lehman
Staff: Martin Farber, Ellen Porter
Date of Meeting: February 25, 2008
Time and Place: 9:30 AM, Senate Room B

H.B. 119

Patron: Landes

Soil and Water Conservation Districts.  Requires the Attorney General to represent Soil and Water Conservation Districts in any suits or actions brought by the districts or district directors, upon request of such districts or directors. Currently, attorneys for the Commonwealth are charged with the responsibility of representing districts and district directors.

A BILL to amend and reenact §§ 2.2-507 and 10.1-501 of the Code of Virginia, relating to legal representation for Soil and Water Conservation Districts.

081861592

H.B. 344

Patron: Plum

Computer Recovery and Recycling Act; penalties. Requires the manufacturer of more than 500 items of computer equipment to adopt and implement a recovery plan providing for the reasonably convenient collection, recycling, and reuse of computer equipment returned by a consumer in the Commonwealth. The manufacturer must also affix a permanent, readily visible label to the computer equipment with the manufacturer's brand before a manufacturer may offer computer equipment for sale in the Commonwealth. Examples of collection methods meeting the recovery plan requirements in this Act include (i) a system by which the consumer may return the computer equipment free of charge; (ii) a system using a physical collection site; or (iii) a system using collection events at which the consumer may return computer equipment. Each manufacturer must annually report on the weight of computer equipment collected, recycled, and reused during the preceding calendar year.

A BILL to amend the Code of Virginia by adding in Chapter 14 of Title 10.1 an article numbered 3.6, consisting of sections numbered 10.1-1425.27 through 10.1-1425.38, relating to a manufacturer responsibility program for the recycling of computer equipment; civil penalties.

080183684

H.B. 360

Patron: Bulova

Nonpoint source reduction funding.  Authorizes the Governor and General Assembly to provide additional funding in excess of the amount deposited in the Water Quality Improvement Fund from a budget surplus to fund nonpoint source pollution reduction activities. This bill is identical to SB 513.

A BILL to amend and reenact § 10.1-2128 of the Code of Virginia, relating to additional funding for nonpoint source pollution reduction activities.

083936822

H.B. 538

Patron: Orrock

Commercial dog breeding operations; penalty.  Defines a commercial breeder as any person who, during any 12-month period, maintains 30 or more adult female dogs for the primary purpose of the sale of their offspring as companion animals. Commercial breeders will be required to: (i) apply for a business license from their respective locality; (ii) cooperate with inspections by animal control officers to ensure compliance with state and federal animal care laws; (iii) create a fire emergency plan and install fire safety measures; (iv) maintain records of animal sales, purchases, breeding history, and veterinary care; (v) dispose of dead dogs and confined waste in accordance with law; and (vi) maintain no more than 50 dogs over the age of one year at one time. Commercial breeders that violate any of these provisions are guilty of a Class 1 misdemeanor. Pet shops must ensure that their dogs are purchased from dealers or persons that are properly registered and licensed with the U.S. Department of Agriculture.  This bill incorporates HB 691 (Delegate Armstrong) and HB 1232 (Delegate Vanderhye).

A BILL to amend and reenact §§ 3.1-796.66, 3.1-796.104, and 58.1-3109 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 3.1-796.71:1, by adding in Chapter 27.4 of Title 3.1 an article numbered 2.1, consisting of sections numbered 3.1-796.77:1 through 3.1-796.77:6, and by adding a section numbered 3.1-796.122:1, relating to the breeding of companion animals; penalty.

081215672

H.B. 632

Patron: May

Virginia Resource Authority; broadband services.  Clarifies that the Virginia Resource Authority may be used as a funding mechanism for all projects involving the provision of broadband services, and not just those utilizing wireless broadband technologies.

A BILL to amend and reenact §§ 62.1-198 and 62.1-199 of the Code of Virginia, relating to the Virginia Resource Authority; broadband services.

085940868

H.B. 656

Patron: Griffith

Animal protection and fighting; penalty.  Provides that engaging in the fighting of any animals is a Class 1 misdemeanor, while dog fighting remains a Class 6 felony.  Possession of any materials intended to enhance the ability of animals to fight, attending an exhibition of animal fighting, or permitting a minor to become involved in animal fighting is a Class 6 felony. Animals that are the subject of such criminal charges may be forfeited to the locality, but the owner may post bond to retain his ownership interest and repossess the animals if the court issues a finding of not guilty. Law-enforcement officers would be permitted to conduct searches at any time upon the issuance of warrants. Currently, such officers may only conduct searches during the day.

A BILL to amend and reenact §§ 3.1-796.113, 3.1-796.122, 3.1-796.124 and 18.2-403.2 of the Code of Virginia and to repeal § 3.1-796.125 of the Code of Virginia, relating to animal protection; penalty.

080342520

H.B. 999

Patron: Bell

Bond for abandoned or cruelly treated animals.  Allows the court to order the owner of any animal held by a humane investigator or animal control officer for more than 15 days to post a bond with the locality for the amount of the cost of boarding the animal. Currently, the requirement to post bond is pursuant to local ordinance, if any has been passed, and the bond begins to accrue at 30 days rather than 15 days.

A BILL to amend and reenact § 3.1-796.115 of the Code of Virginia, relating to seizure and impoundment of animals; posting of bond for animals.

083970432

H.B. 1332

Patron: Landes

Air and Water Boards permit issuance process. Establishes a uniform permit issuance process for the Air Pollution Control Board (Air Board) and the State Water Control Board (Water Board).  After issuing a public notice of a pending permit action, if at least 25 individuals have requested a public hearing and the Director finds that the issues raised are germane to the permit action and are not inconsistent with state or federal laws, a public hearing will be held.  The Director or the two Boards may convene a meeting under an expedited schedule to reconsider the decision of the Director to grant a public hearing.  The meeting may be held electronically if one public forum is available.  The Board is required to act on the permit within 90 days of the close of the comment period unless the applicant agrees to an extension of the time period.  Persons who commented during the public hearing may address the Air and Water Boards at the meeting where final action on the permit will occur. The Board's decision shall contain a written basis for its decision.

The bill also increases membership on the Air Pollution Control Board from five to seven members.  However, the two new members are prohibited from voting on any action related to a permit that is under consideration as of January 1, 2008.  A qualification of the Air Board members is changed so that no member can be a current employee of an entity subject to a permit or enforcement order of the Air Board.  Currently, a majority of the members appointed to the Air Board can represent the public interest and not derive any significant positions of their income from entities subject to permit or enforcement actions.

The qualifications of the membership of the Water Board and the Virginia Waste Management Board are changed to require that the members, by their education, training, or experience, be knowledgeable of water quality or waste management, respectively, and shall be fairly representative of conservation, public health, business, and agriculture. This bill is identical to SB 423.

A BILL to amend and reenact §§ 10.1-1184, 10.1-1185, 10.1-1301, 10.1-1302, 10.1-1304, 10.1-1322, 10.1-1401, 62.1-44.8, 62.1-44.9, and 62.1-44.26 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 10.1-1322.01 and 62.1-44.15:02, relating to the Department of Environmental Quality.

083279592

H.B. 1335

Patron: Landes

Natural resources funding.  Establishes the Virginia Natural Resources Commitment Fund. The Fund would be capitalized with appropriated funds and moneys from public and private sources. Beginning July 1, 2008, and for the next 10 years, moneys in the Fund would be distributed to the Department of Conservation and Recreation's Agricultural Best Management Practices Cost-Share Program for the implementation of agricultural best management practices (BMP). Fifty-seven percent of the moneys are to used for matching grants to implement BMPs on agricultural lands exclusively in the Chesapeake Bay watershed and 38 percent of the moneys would be used for all other lands in the Commonwealth. Five percent of the moneys would be allocated to soil and water conservation districts. This bill is identical to SB 511.

A BILL to amend and reenact §§ 2.2-1514, as it is currently effective and as it may become effective, 10.1-2128, 10.1-2129, 10.1-2132, and 10.1-2134 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 10.1-2128.1, relating to natural resources funding.

082578792

H.B. 1361

Patron: Cline

Duties of Director of Department of Game and Inland Fisheries.  Requires the Director to report quarterly to the Secretary of Natural Resources on the expenses he has control over and to inform the Secretary as to the Department's progress in meeting its goals and objectives.

A BILL to amend and reenact § 29.1-109 of the Code of Virginia, relating to duties of the Director of the Department of Game and Inland Fisheries.

083980464