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2010 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chairman: Patricia S. Ticer

Clerk: Charles Shotton
Staff: Ellen Porter, Martin Farber
Date of Meeting: March 1, 2010
Time and Place: 9:00 a.m., Senate Room B, GAB

H.B. 438

Patron: Toscano

Dam safety. Requires the Soil and Water Conservation Board to establish an incremental damage analysis procedure that provides for a new standard for the spillway design requirement. The bill requires the Board to adopt regulations that consider the impact of downstream limited-use or private roadways with low traffic volume and low public safety risk in the determination of the hazard potential classification of an impounding structure. The bill also allows an owner of a dam who has received a report from the Board containing recommendations for the correction of deficiencies in the dam to submit his own plan for such corrections. One of the two criteria for designating a dam as unsafe is changed. Currently, if there are serious deficiencies in the design or construction of the dam that, if left unaddressed, could result in a failure that may result in loss of life or damage to downstream property, the dam is cited as being unsafe. The new criterion would be that such deficiencies may result in the loss of life or "significant" damage to downstream property.

A BILL to amend and reenact §§ 10.1-605, 10.1-607.1, and 10.1-609 of the Code of Virginia, relating to dam safety.

10104610D

H.B. 501

Patron: Gilbert

Scenic river. Designates a seven-mile portion of the Jordan River as a component of the Virginia Scenic Rivers System.

A BILL to amend the Code of Virginia by adding in Chapter 4 of Title 10.1 a section numbered 10.1-418.6, relating to scenic rivers.

10100280D

H.B. 503

Patron: Gilbert

Scenic river. Designates a 10-mile portion of the Hughes River as a component of the Virginia Scenic Rivers System.

A BILL to amend the Code of Virginia by adding in Chapter 4 of Title 10.1 a section numbered 10.1-418.6, relating to scenic rivers.

10100281D

H.B. 619

Patron: Orrock

Erosion and sediment control; penalty. Removes the specific authority of a locality to impose a $1,000 civil penalty on a person who engages in a land-disturbing activity without having an approved plan. Instead, any violation of any erosion and sediment control regulation or order of the Virginia Soil and Water Conservation Board, any provision of a local program, or condition of a permit will be subject to a civil penalty of $100 to $1,000.

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

10102826D

H.B. 621

Patron: Orrock

Rabies regulation and control; penalty. Clarifies the procedures and responsibilities among the Department of Health, localities, and other entities to prevent and control rabies. This bill clarifies that all dogs and cats over the age of four months must be vaccinated; provides that rabies certificates shall be issued to the owner of the animal vaccinated and that the veterinarian shall keep a copy of the certificate in his own files; clarifies the authority to access rabies certificates maintained at veterinary hospitals; addresses recordkeeping standards for rabies clinics; and clarifies the authority of the local health director in regard to a rabies exposure.

A BILL to amend and reenact §§ 3.2-6521, 3.2-6522, 3.2-6525, 18.2-313.1, and 54.1-3812 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 3.2-6562.1, relating to rabies regulation and control; penalty.

10104319D

H.B. 1100

Patron: Sickles

Stormwater management facilities; liability.  Provides that  a common interest community shall enjoy limited liability protection relating to a stormwater management facility located on property owned by that community if: (i) the common interest community cedes the responsibility for the maintenance, repair, and replacement of a stormwater management facility to the Commonwealth or a political subdivision thereof, (ii) the action has been memorialized by contract or other instrument executed by both parties, and (iii) the Commonwealth or the governing body of the political subdivision accepted the responsibility ceded by the common interest community in writing or by resolution. The immunity granted by this provision does not extend to actions or omissions by the landowner constituting intentional or willful misconduct or gross negligence.

A BILL to amend and reenact § 10.1-603.12:3 of the Code of Virginia, relating to stormwater management facilities; liability.

10104487D

H.B. 1145

Patron: Scott, J.M.

Veterinarians; reporting suspected animal cruelty. Provides that any veterinarian who, in his professional capacity, believes or has reason to believe that an animal has been subjected to animal cruelty may report the matter to any animal control officer, law-enforcement officer, or representative of the State Veterinarian, and that a veterinarian who makes a report shall be immune from any civil or criminal liability or administrative penalty or sanction, unless such veterinarian acted in bad faith or with malicious purpose.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-3812.1, relating to veterinarians; reporting suspected animal cruelty.

10105032D

H.B. 1211

Patron: Spruill

Aboveground liquid fertilizer storage tanks.  Authorizes localities to adopt an ordinance that makes it unlawful for any person to construct, maintain, or use any aboveground liquid fertilizer storage tank having a capacity of more than 100,000 gallons without obtaining a permit from the local fire official. The penalty for violating the ordinance is not to exceed a Class 1 misdemeanor. This bill contains a December 31, 2011, sunset. 

A BILL to amend the Code of Virginia by adding a section numbered 15.2-906.1, relating to the authority to require a permit for aboveground liquid fertilizer storage tanks; penalty.

10105189D

H.B. 1221

Patron: Bulova

Virginia Water Facilities Revolving Fund.  Provides that loans may be made from the Virginia Water Facilities Revolving Fund, at the State Water Control Board’s discretion, to a local government for construction of facilities or structures or implementation of best management practices that reduce or prevent pollution of state waters caused by stormwater runoff from impervious surfaces.

A BILL to amend and reenact § 62.1-224 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 62.1-229.4, relating to the Virginia Water Facilities Revolving Fund.

10103887D

H.B. 1300

Patron: Kilgore

Air Pollution Control Board; regulations under the Clean Air Interstate Rule. Retains the authority of the Air Pollution Control Board to provide for participation in the EPA-administered cap and trade system for NOx and SO2 to the fullest extent permitted by federal law, but prohibits the Board from requiring that electric generating facilities located in a nonattainment area meet NOx and SO2 compliance obligations without the purchase of allowances from in-state or out-of-state facilities.

A BILL to amend and reenact § 10.1-1328 of the Code of Virginia, relating to the Air Pollution Control Board; regulations under the Clean Air Interstate Rule.

10103935D

H.B. 1322

Patron: Sherwood

Waste kitchen grease; transportation; fees; penalty.  Requires any person who transports waste kitchen grease to register with the Virginia Department of Agriculture and Consumer Services unless he qualifies for an individual exemption. Registrants must pay annual fees of $100 for registration and $100 per vehicle used to transport waste kitchen grease. Commercial transporters of waste kitchen grease must show proof of personal injury and property damage liability insurance in an amount not less than $1 million. All registered transporters must conspicuously mark vehicles used for transportation and maintain records showing the source and quantity of kitchen grease obtained and the renderer who processes such grease into usable products. It is unlawful and punishable as a Class 2 misdemeanor for a person who is required to register to fail to do so. The Department may assess a civil penalty of not more than $5,000 for any violation of a provision of this chapter, including the prohibition that no person shall take possession of more than 55 gallons of waste kitchen grease from an unregistered transporter unless the recipient maintains documentation for 2 years, which shall be made available for inspection by the Department, of the (i) name and address of the person delivering the waste kitchen grease, (ii) date of receipt of the waste kitchen grease, (iii) delivering vehicle’s license plate number and state of registration, and (iv) quantity delivered.

 A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 55.1, consisting of sections numbered 3.2-5508 through 3.2-5515, relating to waste kitchen grease; transportation; fees; penalty.

10105084D

H.B. 1344

Patron: Kilgore

Coalbed methane gas; conflicting claims of ownership; arbitration. Requires that the Virginia Gas and Oil Board order arbitration to resolve conflicting claims of ownership over coalbed methane upon the request of a party claiming ownership. The arbitrator shall be appointed by the circuit court and shall make his determination within six months. To qualify as an arbitrator, a candidate (i) shall be an attorney licensed in the Commonwealth; (ii) shall have at least 10 years of experience in real estate law, including substantial expertise in mineral title examination; (iii) shall not have derived more than 10 percent of his income during the preceding three years from any claimants asserting ownership in the subject tract or any affiliates of claimants; and (iv) shall disclose to the circuit court any income he earned within the preceding three years from any person holding a permit issued by the Department. After receiving notice of the written determination, the Gas and Oil Board must disburse any proceeds held in escrow and owing to the owner of the coalbed methane interest. The costs of arbitration shall be shared equally among the parties claiming ownership of the tract in question.

A BILL to amend and reenact § 45.1-361.22 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 45.1-361.22:1, relating to coalbed methane gas; conflicting claims of ownership; arbitration.

10104990D