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2013 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chairman: Emmett W. Hanger, Jr.

Clerk: Nick Galvin, Jocelyn Lance
Staff: Martin Farber, Scott Meacham
Date of Meeting: January 31, 2013
Time and Place: 1/2 Hr. After Adjournment, Senate Room B
SB1353 (Watkins) will be heard in SR A after the 4 previous bills

S.B. 737 Nonmotorized vessels; freshwaters of State shall be open certain times for purposes of recreation.

Patron: Petersen

Navigation on freshwaters. Provides that the freshwaters of the Commonwealth shall be open to nonmotorized vessels for purposes of recreation between sunrise and sunset. This policy will apply regardless of whether the water body is deemed to be navigable or nonnavigable or whether the adjoining banks are publicly or privately owned.

S.B. 884 Impoundment structures; notice of increase in the flow of water, civil penalties.

Patron: Deeds

Impoundment structures; notice of increase in the flow of water; penalty. Prohibits a dam owner from substantially increasing the flow of water through a dam without first notifying riparian owners and local emergency service organizations within 10 miles downstream. The bill also requires a dam owner to make the dam's current emergency action plans and reservoir regulation protocols available to riparian landowners within 10 miles, as well as to property owners within the dam break inundation zone.

S.B. 926 Wetlands; governmental activity.

Patron: McWaters

Adoption of wetlands zoning; governmental activity in wetlands. Removes from Virginia's standard wetlands zoning ordinance the condition that wetlands be owned or leased by the Commonwealth if a governmental activity occurring there is to be authorized. The current standard ordinance, which may be adopted by any locality and is the only wetlands zoning ordinance under which any wetlands board may operate, authorizes an otherwise-permitted governmental activity only if the wetlands in which the activity is to take place are owned or leased by the Commonwealth or a political subdivision of the Commonwealth.

S.B. 1280 Fox and coyote enclosures; Class 3 misdemeanor for purpose of hunting or killing with dogs.

Patron: Marsden

Fox and coyote enclosures; penalty. Makes it unlawful for any person (i) to erect or maintain an enclosure for the purpose of pursuing, hunting, or killing or attempting to pursue, hunt, or kill a fox or coyote with dogs or (ii) to pursue, hunt, or kill or attempt to pursue, hunt, or kill a fox or coyote within such an enclosure with dogs. The bill's provisions prohibit competition where a fox or coyote is pursued by dogs within an enclosure and awarding or accepting any prize, money, or compensation resulting from participating in such competition. However, any enclosure that was in operation prior to January 1, 2013, and for which a valid, annually issued permit has been continuously maintained would not be subject to the penalty. A permit for the enclosure is not transferable to another location or to any person other than a spouse. Any person who violates the provisions of the bill is guilty of Class 3 misdemeanor for a first offense, a Class 2 misdemeanor for a second offense, and a Class 1 misdemeanor for a third offense.

S.B. 1353 Uranium; establishes process for DMME to issue permits for mining of uranium ore, report.

Patrons: Watkins, Saslaw

Uranium mining; penalties. Establishes a process for the Department of Mines, Minerals and Energy (DMME) to issue permits for the mining of uranium ore. DMME, in consultation with the Department of Environmental Quality, Department of Health, State Corporation Commission, Department of Conservation and Recreation, Department of Game and Inland Fisheries, Department of Historic Resources, and Department of Agriculture and Consumer Services, is required to adopt regulations governing uranium mining. DMME shall not accept an application for a uranium mining permit from an applicant unless the applicant had a valid permit for uranium exploration on July 1, 2013. DMME shall not accept an application for a permit to mine uranium at a location more than 10 miles from an area for which a uranium exploration permit was in effect on January 1, 2012. Permit holders are required to pay application fees and annual fees, which shall be sufficient to defray the costs of administering the uranium mining program. The measure establishes the Uranium Administrative Fund, Uranium Response Fund, and Long-Term Monitoring Fund, which will be funded by fees assessed on permittees. A permittee that violates a permit condition or provision of law or regulation may be subject to civil penalties. A person who conducts uranium mining without a permit, violates a condition of a permit, fails to comply with a regulation or order, makes certain false statements, violates recordkeeping requirements, or impedes the DMME in its performance of duties is subject to criminal penalties. A uranium mining permit shall not be issued to an applicant unless the applicant is licensed by the State Corporation Commission as a uranium development corporation, the requirements for which are established by this measure. The Commission is authorized to suspend a uranium development license if it finds that a licensee is not in compliance with financial responsibility requirements or if it receives notice of a determination by an agency that an operation is being conducted in violation of a permit or license. The Commission may revoke a uranium development license if it finds by clear and convincing evidence that the license holder has failed to correct a condition for which its license was suspended or has committed other specified acts.