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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: February 7, 2013
Time and Place: 1/2 Hr. After Adjournment, Senate Room B
Revised at 12:30PM on 2/6/13 to include HB2048

H.B. 1397 Dan River; designates 15-mile segment as component of Virginia Scenic Rivers System.

Patron: Marshall, D.W.

Scenic river designation. Designates a 15-mile segment of the Dan River as a component of the Virginia Scenic Rivers System.

H.B. 1531 Public beaches; sand dredging and beach replenishment.

Patron: Stolle

Sand replenishment for public beaches. Authorizes the Marine Resources Commission and the Department of Environmental Quality to establish an expedited procedure for dredging of sand and beach replenishment on the public beaches abutting the waters of the Chesapeake Bay. The bill requires the agencies to establish a working group, consisting of representative stakeholders, to assist in the development of the expedited procedure. The working group is to consider a requirement that the application for the sand replenishment project permit include the submission of a dredging plan by the locality for areas within the Chesapeake Bay from which the dredged material will be taken and the location of the beach replenishment project. The bill provides several types of information that such a plan would include, such as the analysis of benthic, marine, and fishery resources; impact on any historical artifacts; and impact on other uses of the state waters and bottomlands at the dredge site. This bill is identical to SB 946.

H.B. 1562 Dangerous and vicious dogs; when owner is charged with a violation, officer shall confine dog, etc.

Patron: Orrock

Control of dangerous and vicious dogs; penalties. Authorizes an animal control officer or law-enforcement officer to apply to a magistrate for a summons where the officer believes that the owner of a vicious dog has willfully failed to comply with the law. When the owner of a dangerous dog has willfully failed to comply with the law, the bill authorizes an officer to confine the dog. The bill also clarifies the distinctions between dangerous dogs and vicious dogs, requires the owner of either type of dog to provide basic care while confining the animal, and authorizes a court to order the owner to pay for the care of a dangerous or vicious dog while it is in state custody. This bill is identical to SB 828.

H.B. 1629 Eel pots; authorizes Board of Game & Inland Fisheries to issue an annual permit to use in Back Bay.

Patron: Knight

Eel pots. Authorizes the Board of Game and Inland Fisheries to issue an annual permit to use eel pots in the waters of Back Bay and the North Landing River and their tributaries. The annual permit fee to catch eels for commercial purposes is $50 and the annual permit fee to take eels for personal use is $17.50. The bill requires a nonresident to purchase a harvester's license for each boat used in taking eels at a cost of $350 per boat, unless he already holds a nonharvester's license to take other types of finfish in inland waters. This fee is in addition to the permit fee for eel pots.

H.B. 1753 Meherrin River; designates 17.8-mile segment as component of Virginia Scenic Rivers System

Patron: Wright

Scenic river. Adds the 17.8-mile segment of the Meherrin River lying within Mecklenberg and Lunenburg Counties as a component of the Virginia Scenic Rivers System. The Meherrin River within Brunswick County, a distance of approximately 37 miles, adjoins the new segment and is designated as a scenic river by current law, making the total distance designated as a scenic river approximately 54.8 miles. The bill provides that nothing in the amended section shall preclude the Commonwealth or a local governing body from constructing, reconstructing, or performing necessary maintenance on any road or bridge.

H.B. 1757 Aquatic Resources Improvements Fund; established.

Patron: Scott, E.T.

Wetlands mitigation bank. Establishes a special nonreverting fund known as the Wetland and Stream Replacement Fund to receive moneys paid to the State Water Control Board for mitigation of any impacts that a project may have on wetlands. The moneys in the fund are to be disbursed to purchase mitigation bank credits.

H.B. 1805 Saltwater recreational fishing; allows State residents 65 and older to purchase lifetime license.

Patron: Ransone

Lifetime saltwater recreational fishing license. Allows Virginia residents 65 years of age and older to purchase a lifetime saltwater recreational fishing license for $5. This bill is identical to SB 1213.

H.B. 1825 Duck blinds; establishes time periods for person to obtain stationary blind license.

Patron: Lingamfelter

Riparian stationary blinds. Establishes time periods for a person to obtain a stationary blind license. A riparian landowner or his lessee or permittee seeking to license a riparian stationary blind that was not licensed by him the previous year may obtain a license beginning February 1 through June 15. The license would require the licensee to erect a stake or blind, to which the seasonal license plate is affixed, at the blind site by June 30 and replace any such stake with a blind by November 1.

A riparian landowner or his lessee or permittee who licensed a riparian stationary blind the previous year may obtain a license for the blind beginning February 1 through August 15. The license would require the licensee to affix the seasonal license plate to a stake or blind at the blind site by August 31 and replace any such stake with a blind by November 1.

A person seeking a nonriparian license for a stationary blind that he licensed the previous year as a nonriparian stationary blind may purchase a license beginning July 1 through August 15. The license would require the licensee to erect a stake or blind, to which the seasonal license plate is affixed, at the blind site by August 31 and replace any such stake with a blind by November 1. A stationary blind or a site not licensed posted by August 31 can be licensed as a nonriparian stationary blind by another person from September 1 through October 15, with erection of the blind required by November 1.

The bill has an effective date of January 1, 2014.

H.B. 1829 Foxes; using GPS device to manage dogs while hunting, may also use GPS while hunting other game.

Patron: Poindexter

Using a GPS device to manage dogs in pursuit of foxes. Allows hunters to use a GPS (Global Positioning System) or other electronic tracking device to manage dogs that are hunting or pursuing a fox. Current law distinguishes actually following a dog from "managing" the dog, but it does not explain what managing might encompass. The bill contains technical amendments.

H.B. 1859 Rabies; local governing body to hold clinic at least once every two years.

Patron: Orrock

Rabies clinics. Requires a local governing body to ensure that a rabies clinic is conducted to serve the jurisdiction at least once every two years. Currently, a clinic is to be held once a year if the local government finds that the number of resident veterinarians is inadequate to meet the need for rabies vaccination.

H.B. 1929 Deer; kill permits for towns.

Patron: Morris

Deer kill permits. Authorizes the chief law-enforcement officer of a city or town to report to the Director of the Department of Game and Inland Fisheries that deer are creating a traffic hazard in the jurisdiction. If after an investigation the Director finds that such a hazard exists, he may authorize responsible persons, or their representatives, to kill the deer.

H.B. 2048 Water quality; transfer of responsibility for administration of programs.

Patron: Sherwood

Consolidation of water quality programs. Moves several water quality programs currently administered by the Department of Conservation and Recreation to the Department of Environmental Quality. The Department of Environmental Quality and the State Water Control Board will have oversight of water quality planning and laws dealing with stormwater management, erosion and sediment control, and the Chesapeake Bay Preservation Areas. The Virginia Soil and Water Conservation Board will have continuing responsibility for oversight of the soil and water conservation districts and of resource management planning. The Virginia Soil and Water Conservation Board will continue to be responsible for administration of the flood prevention and dam safety laws. The Board will continue to be staffed by the Department of Conservation and Recreation.

H.B. 2069 Seedlings; State Forester to furnish those grown in nurseries to State without expense, etc.

Patron: Knight

Sale of seedlings. Authorizes the State Forester to (i) provide seedlings at no expense for use on state forests, public grounds, and state parks and (ii) sell seedlings to private individuals. The terms and conditions of the sale and the price of the seedlings will be set by the State Forester.

H.B. 2086 Agriculture and Consumer Services, Board of; regulatory powers.

Patron: Fariss

Regulatory powers of Board of Agriculture and Consumer Services. Removes the Board of Agriculture and Consumer Services' authority to adopt regulations establishing schedules for calibration of service agencies' weights and measures standards and authorizes the Commissioner of Agriculture and Consumer Services to set the schedules.

H.B. 2089 Permits and other information; DEQ to transmit electronically air pollution control, etc.

Patron: Wilt

Electronic transmission of permits. Allows the Department of Environmental Quality to transmit electronically air pollution control, water quality, and waste management permits or certificates, as well as other information such as plan approvals.

H.B. 2099 Fur-bearing animals; landowner may trap, etc., upon his land during closed season if damaging.

Patron: Wilt

Shooting of muskrats and raccoons. Allows a landowner to trap or shoot fur-bearing animals including muskrats and raccoons upon his own land during the closed season when these animals are causing damage to his crops or property, or are posing a threat to human health or safety, or are causing a nuisance.

H.B. 2111 Coal; repeals an obsolete chapter that regulates surface mining.

Patron: Morefield

Surface mining of coal. Repeals an obsolete chapter in Title 45.1 that regulates the surface mining of coal. The provisions of this chapter have been superseded by the Virginia Coal Surface Mining Control and Reclamation Act (§ 45.1-226 et seq.). This bill is identical to SB 1014.

H.B. 2137 Local governments; environmental impact reports, prohibits purchase of certain deicing agents, etc.

Patron: Byron

Localities; environmental impact reports and the sale of certain deicing agents. Raises from $500,000 to $2 million the cost threshold at which a locality will be required to obtain an environmental impact report for a highway project. For certain projects costing more than $500,000 and less than $2 million, the locality is required to consult with the Department of Historic Resources to make efforts to minimize impacts to historic resources. The bill also exempts the sale of deicing agents containing urea from the current prohibition on such sales where the deicing agent is to be used by a political subdivision at a municipal airport.

H.B. 2209 Virginia Soil and Water Conservation Board; powers and duties.

Patron: Knight

Virginia Soil and Water Conservation Board's powers and duties. Transfers authority for administration of the nutrient management certification program and responsibility for adopting regulations on nitrogen application rates from the Department of Conservation and Recreation to the Virginia Soil and Water Conservation Board. The bill also empowers the Board to oversee districts' programs and to allocate general fund moneys to soil and water conservation districts to support their operations.

H.B. 2220 Banister River; designates a portion of Virginia Scenic River System.

Patron: Edmunds

Banister River; state scenic river. Designates a 38.4-mile segment of the Banister River as a state scenic river.

H.B. 2254 Menhaden fishery; allowable catch for those landed in State, report. Emergency.

Patron: Scott, E.T.

Management of the menhaden fishery. Establishes a total allowable landings of 144,272.84 metric tons per year for Atlantic menhaden landed in Virginia by the purse seine menhaden reduction sector, the purse seine menhaden bait sector, and the non-purse seine menhaden bait sector. This legislation authorizes the Commission to establish and administer a limited entry purse seine menhaden bait license according to specific criteria. This total allowable landings represents a 20 percent reduction from the average 2009, 2010, and 2011 landings, as mandated by the Atlantic States Marine Fisheries Commission. Any overage of the total allowable landings in the current year will result in a reduction of the total allowable landings in the following year. The Commissioner may administer the interstate transfer of menhaden landings. The total allowable landings for menhaden shall be allocated in proportion to each sector’s share of average landings in 2002 through 2011, with the Commission authorized to establish an individual transferrable quota system for any purse seine menhaden bait licensee according to specific requirements. Guidelines for the monitoring of all sectors of the menhaden fishery that may result in a closure of any or all sectors are established. Upon the closing of the non-purse seine sector, any person may possess and land up to 6,000 pounds of menhaden per day, and such landings shall be reported to the Commission but shall not count against the annual total allowable landings. All licensees of the three menhaden sectors shall report to the Commission according to the requirements established by the Commission. The Commission shall establish a biological sampling program to include development of an adult menhaden survey index from Virginia pound nets. License fees are established for the purse seine menhaden reduction and purse seine menhaden bait sectors, according to fees adjusted in 2005 as $249 for vessels under 70 gross tons and $996 for vessels over 70 gross tons. The Commission may limit the number of gear licenses or permits to fish, except for those licenses in the purse seine reduction sector. The annual menhaden harvest cap for the purse seine menhaden reduction sector shall be 87,216 metric tons, subject to annual adjustments for under-harvest or over-harvest of the cap. The bill contains a sunset date of January 1, 2015. The bill states that an emergency exists and that the bill is in force from its passage. This bill is identical to SB 1291.

EMERGENCY