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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2010 SESSION
Chairman: Patricia S. Ticer
Clerk: Charles Shotton
Staff: Ellen Porter, Martin Farber
Date of Meeting: February 1, 2010
Time and Place: 9:00 a.m., Senate Room B, GAB
Patron: Stuart
Renewable portfolio standards; forest products. Removes the requirement that utilities participating in a renewable portfolio standard (RPS) program collectively use no more than 1.5 million tons of forest products such as wood chips, bark, and sawdust each year towards meeting RPS goals.
A BILL to amend and reenact § 56-585.2 of the Code of Virginia, relating to forest products.10100791D
Patron: Stuart
Harvest cap on menhaden; sunset date. Extends the sunset date of legislation that established an annual menhaden harvest quota of 109,020 metric tons for the Virginia portion of the Chesapeake Bay to January 1, 2014. Currently, the provisions are set to expire on December 31, 2010.
A BILL to amend and reenact the second enactment of Chapter 41 of the Acts of Assembly of 2007, relating to the harvest cap on menhaden; sunset date.10100513D
Patron: Northam
Menhaden fishery. Directs the Virginia Marine Resources Commission to adopt regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden. The bill also requires that any moratorium on the fishery be subject to legislative review and repeals the Governor's authority to implement menhaden management measures by proclamation.
A BILL to amend and reenact §§ 2.2-4002, 2.2-4103, as it is currently effective, 28.2-409, and 28.2-410 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 28.2-203.2, and to repeal §§ 28.2-1000.1 and 28.2-1000.2 of the Code of Virginia, relating to menhaden fishing.10103526D
Patron: Watkins
Solid waste management fees. Assesses operators or owners of solid waste management facilities a fee of $2 a ton on solid waste treated or deposited in their facilities. Five million dollars of the fees are to be allocated to the Department of Environmental Quality to carry out its waste management responsibilities, and any remaining funds will go to land conservation grant programs administered by the Office of Farmland Preservation and the Virginia Land Conservation Foundation.
A BILL to amend the Code of Virginia by adding in Chapter 14 of Title 10.1 an article numbered 2.2, consisting of sections numbered 10.1-1413.3 and 10.1-1413.4, relating to fees for treatment and disposal of solid waste.10101244D
Patron: Watkins
Stormwater management programs. Delays the effective date of regulations that establish local program criteria and delegation procedures and the water quality and water quantity criteria for stormwater management from July 1, 2010, to July 1, 2011. Any regulation adopted prior to this date shall be considered outside the scope of authority granted by the General Assembly.
A BILL to amend and reenact the second enactment of Chapter 18 of the Acts of Assembly of 2009, relating to stormwater management programs.10101241D
Patron: Hanger
Agri-tourism Incentives Act; penalty. Creates the Agri-tourism Incentives Act to allow qualified farm businesses to have restaurants and provide overnight accommodations on rural or agriculturally zoned land under certain conditions. The bill would also permit a locality to provide certain tax incentives and regulatory flexibility to each qualified farm business located in the locality.
The Department of Agriculture and Consumer Services is tasked with administering this new program.
A BILL to amend and reenact § 58.1-3851 of the Code of Virginia and to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 2.1, consisting of sections numbered 3.2-207 through 3.2-212, relating to the Agri-tourism Incentives Act; penalty.10103722D
Patron: Puckett
Natural gas; presumption of ownership. Provides that the surface owner of real property shall be presumed to be the owner of any natural gas, including coalbed methane gas, below the surface unless the right to ownership or possession of the natural gas has been expressly conferred by deed or other instrument. The owner or lessee of a minerals estate shall bear the burden of proof to establish, by a preponderance of the evidence, that the ownership or possession of natural gas was transferred by the deed or instrument that created or severed the mineral estate. The Auditor of Public Accounts is required to audit escrow accounts containing gas royalties from units with unknown or disputed owners.
A BILL to amend the Code of Virginia by adding a section numbered 45.1-361.21:1, relating to natural gas; presumption of ownership.10101120D
Patron: Wagner
Stormwater management regulations; effective date. Extends the effective date of the regulation that establishes local program criteria and delegation procedures and the water quality and water quantity criteria based on the completion of the Virginia Total Maximum Daily Loads (TMDL) Implementation Plan for the Chesapeake Bay Nutrient and Sediment TMDL approved by the United States Environmental Protection Agency and the regulations thereafter adopted to implement the Plan.
A BILL to amend and reenact the second enactment of Chapter 18 of the Acts of Assembly of 2009, relating to stormwater management regulations.10103273D
Patron: Quayle
Shellfish sanitation; inspections; fees; penalty. Requires any person who operates an establishment for the processing of crabmeat or shellfish to have a permit from the State Health Commissioner. Permit fees shall be paid into a fund that supports the shellfish sanitation program.
A BILL to amend and reenact §§ 28.2-1206 and 62.1-44.15:6 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 28.2-803.1 and 28.2-803.2 and by adding in Article 2 of Chapter 8 of Title 28.2 a section numbered 28.2-827, relating to shellfish sanitation; inspections; fees; penalty.10103431D
Patron: Hurt
Hunting and fishing licenses; active military. Allows any active member of the military to obtain a resident license to hunt, trap, or fish in the Commonwealth.
A BILL to amend and reenact § 29.1-321 of the Code of Virginia, relating to hunting and fishing licenses; active military.10101876D
Patron: Puckett
Coal mine license fee. Increases the coal mine license fee from $180 to $450.
A BILL to amend and reenact § 45.1-161.58 of the Code of Virginia, relating to coal mine license fees.10102890D
Patron: Puckett
Mineral mining; license fees. Increases the license fee for a mineral mine license from $180 to $450 and the license fee for any person engaged in mining sand or gravel on an area of five acres or less from $48 to $120.
A BILL to amend and reenact § 45.1-161.292:31 of the Code of Virginia, relating to mineral mining; license fees.10103199D
Patron: Puckett
Gas and oil wells. Establishes a $50 annual permit renewal fee for wells producing gas and oil.
A BILL to amend and reenact §§ 45.1-361.21 and 45.1-361.29 of the Code of Virginia, relating to permit fees for gas and oil wells.10103206D
Patron: Puckett
Coal mine safety. Makes several changes to the Coal Mine Safety Act. Surface foremen must take, at minimum, a 24-hour course of instruction in advanced first aid taught by a certified advanced first aid instructor. Mine operators are required to provide a written policy and review of rules, testing procedures, and disciplinary actions for noncompliance associated with the substance abuse screening program. Rules for the design and marking of dumping stations and the placement of explosives are changed in certain instances.
A BILL to amend and reenact §§ 45.1-161.39, 45.1-161.87, 45.1-161.276, and 45.1-161.284, of the Code of Virginia, relating to coal mine safety.10102886D
Patron: Marsden
Labeling fertilizer products. Requires that specialty fertilizers include a label with directions for proper fertilizer use and precautionary statements to educate users. Specialty fertilizer means a fertilizer distributed for nonfarm use, including home gardens, lawns, shrubbery, flowers, golf courses, and nurseries.
A BILL to amend and reenact § 3.2-3611 of the Code of Virginia, relating to labeling fertilizer products.10101587D
Patron: Marsden
Application of pesticides and fertilizers; civil penalty. Prohibits commercial providers of lawn care and landscaping services from broadly applying pesticides and fertilizers onto impervious surfaces such as streets and driveways.
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 10.1 a section numbered 10.1-104.5, relating to nonpoint source pollution; civil penalty.10102529D
Patron: Houck
Civil War Site Preservation Fund established. Establishes the Civil War Site Preservation Fund for the purpose of awarding grants to private nonprofit organizations to preserve endangered Virginia Civil War historic sites. The bill sets out eligibility criteria for receiving a matching grant from the fund. The Director of the Department of Historic Resources is responsible for administering the fund.
A BILL to amend the Code of Virginia by adding a section numbered 10.1-2202.4, relating to establishment of the Civil War Site Preservation Fund.10103982D
Patron: Wagner
Nutrient reduction credits. Clarifies that nonpoint nutrient offsets, whether or not used within an MS4 locality, will be credited against a nutrient allocation.
A BILL to amend and reenact § 10.1-603.8:1 of the Code of Virginia, relating to the impact of stormwater nonpoint nutrient offsets on nutrient allocations.10104243D
Patron: Reynolds
Rabies vaccination certificates; responsibilities of treasurer. Removes the responsibility of the local treasurer for transmitting dog license applications to residents of the locality who have vaccinated their dog for rabies but failed to apply for a dog license.
A BILL to amend and reenact § 3.2-6529 of the Code of Virginia, relating to rabies vaccination certificates; responsibilities of treasurer.10104115D
Patron: Wagner
Outer Continental Shelf; air pollution control regulations. Requires the State Air Pollution Control Board, by January 1, 2011, to adopt any regulations necessary to implement and enforce the requirements of § 328 of the Clean Air Act relating to requirements to control air pollution from Outer Continental Shelf sources. The regulations shall not differ materially from the regulations promulgated by the U.S. Environmental Protection Agency in implementing such provision of the Act. The adoption of the regulations is exempt from the provisions of the Administrative Process Act. The measure also directs the Department of Environmental Quality to request the Administrator of the U.S. Environmental Protection Agency to delegate to the Commonwealth any authority the Administrator has under the Clean Air Act to implement and enforce § 328 of the Clean Air Act.
A BILL to amend the Code of Virginia by adding a section numbered 10.1-1307.03, relating to the control of air pollution from activities on the outer continental shelf.10103924D
Patron: Northam
Saltwater recreational fishing; conformance with national registry. Conforms Virginia's licensing of saltwater anglers with the rule issued by the National Marine Fisheries Service, thus exempting anglers in Virginia from federal registration. Several exemptions from the requirement to purchase a license will no longer be available, including exemptions for persons fishing from their own property, a federally owned park, or licensed rental boats. Those holding a lifetime license will continue to be exempt from further license requirements. Persons over 65 and persons fishing from a rental boat will pay a reduced license fee of $5.
A BILL to amend and reenact §§ 28.2-201, 28.2-302.1, 28.2-302.2, 28.2-302.3, 28.2-302.5, and 28.2-302.8 of the Code of Virginia; to amend the Code of Virginia by adding in Article 1.1 of Chapter 3 of Title 28.2 a section numbered 28.2-302.11; and to repeal §§ 28.2-302.7, 28.2-302.7:1, and 28.2-302.9 of the Code of Virginia, relating to saltwater recreational fishing; conformance with national registry.10103148D
Patron: Hanger
Stormwater regulations. Delays the effective date of stormwater regulations establishing local program criteria and delegation procedures and the water quality and water quantity criteria until July 1, 2011. The bill also requires the Department of Conservation and Recreation, in consultation with the Department of Environmental Quality, to determine the effect the total maximum daily load (TMDL) allocation for the Chesapeake Bay may have on these regulations. If the agency finds that the TMDL implementation plan approved by the Environmental Protection Agency requires a change in the criteria, the Virginia Soil and Water Conservation Board is to adopt a new regulation that is consistent with the source allocations made in the approved TMDL plan.
A BILL to amend and reenact the second enactment of Chapter 18 of the Acts of Assembly of 2009 and to amend Chapter 18 of the Acts of Assembly of 2009 by adding a third enactment, relating to stormwater management programs.10104010D
Patron: Whipple
Stormwater regulations. Delays the effective date of regulation that establishes local program criteria and delegation procedures and the water quality and water quantity criteria for stormwater to no later than September 1, 2011. The bill also requires the Virginia Soil and Water Conservation Board to conform the regulation to be consistent with this effective date.
A BILL to amend and reenact the second enactment of Chapter 18 of the Acts of Assembly of 2009, relating to stormwater management programs.10104290D
Patron: Reynolds
Uniform environmental covenants. Authorizes the Department of Environmental Quality to enter into environmental covenants with interest holders in real property that restrict the use of the real property. The covenants are intended to survive transfers of ownership interests in the land or operations of law that may otherwise terminate the covenant. The bill spells out the recordation process and notice to subsequent holders of interest. Prior held interests are not affected by the covenant. The Department of Environmental Quality will create an electronic registry containing all environmental covenants.
A BILL to amend the Code of Virginia by adding in Title 10.1 a chapter numbered 12.2, consisting of sections numbered 10.1-1238 through 10.1-1249, relating to the Uniform Environmental Covenants Act.10104250D
Patron: Hanger
Water Quality Improvement Fund; nutrient offsets. Creates the Nutrient Offset Fund as a subfund of the Virginia Water Quality Improvement Fund to be administered by the Director of the Department of Environmental Quality for the purchase of nutrient reductions certified under the Chesapeake Bay Watershed Nutrient Credit Exchange Program. Using moneys from the subfund, the Director of the Department of Environmental Quality may enter into long-term contracts with producers of nutrient offsets to purchase such offsets. Priority shall be given to nutrient offsets produced from facilities that generate electricity from animal waste. The nutrient offsets purchased with moneys from the subfund will be available for sale to owners or operators of new or expanded facilities required to offset nutrient loads through the watershed general permit.
A BILL to amend and reenact §§ 62.1-44.19:15 and 62.1-44.19:18 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 10.1-2128.2, relating to the Water Quality Improvement Fund; nutrient offsets.10104190D
Patron: Blevins
Ballast Water Control Report. Changes name from Hampton Roads Maritime Association to Virginia Maritime Association.
A BILL to amend and reenact § 28.2-110 of the Code of Virginia, relating to Ballast Water Control Reports.10104601D