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2013 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chairman: Emmett W. Hanger, Jr.

Date of Meeting: January 24, 2013
Time and Place: 1/2 Hour After Adjournment, Senate Room B

S.B. 737

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. 880

Patron: Deeds

Inventory of nontidal waters that are available for public recreation. Directs the Department of Game and Inland Fisheries and the Virginia Marine Resources Commission to cooperatively inventory nontidal waters that flow above state-owned bottomlands and that may be used by the public for recreation. The bill prohibits an agency decision regarding the listing of particular waters from constituting a legal determination or affecting land ownership.

S.B. 926

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. 1110

Patron: Hanger

Oyster inspection tax. Authorizes the Potomac River Fisheries Commission to impose an oyster inspection tax not to exceed $2 per bushel. Currently, under the Potomac River Compact, the Commission can impose an inspection tax that cannot exceed the higher severance tax per bushel on oysters that is imposed by Virginia or Maryland within their respective jurisdictions. The Commission's current per bushel inspection tax for oysters taken from the Potomac River is $1. The bill provides that the proceeds from the tax are required to be used for oyster replenishment-related programs. Both Virginia and Maryland must enact similar acts in order for the change to the Compact to go into effect.

S.B. 1117

Patron: Wagner

Watercraft titling certificates; adoption of uniform act; penalty. Repeals Virginia's existing watercraft titling law and enacts in its place the Uniform Certificate of Title for Vessels Act as adopted in 2011 by the National Conference of Commissioners on Uniform State Laws. The new act uses the term "watercraft" instead of "vessels" where appropriate to conform to Virginia law. The bill requires the owner of every watercraft of a particular size and type to apply for and obtain a certificate of title, lowering the minimum boat length for which a title is required from 18 feet to 16 feet. The bill also details the methods of creation or cancellation of certificates by the Department of Game and Inland Fisheries and describes the contents and effects of a certificate, including the availability of a title brand, a permanent designation indicating that a watercraft's hull has been damaged. The bill applies some of the principles of the Uniform Commercial Code to the realm of watercraft by defining the rights of secured parties and purchasers other than secured parties and providing the method for perfecting a security interest. Finally, the bill also establishes the rules for transferring ownership of a watercraft by a transfer statement or by operation of law, sets out the means of acquiring title to an abandoned watercraft, states the duties of the Department, and provides several general provisions. The bill also makes technical amendments.

S.B. 1268

Patron: McEachin

Lake level contingency plans. Provides that any temporary reduction in wastewater releases from power generating facilities during drought conditions will not be considered in determining discharge or withdrawal limits for other existing downstream permitted facilities.

S.B. 1271

Patron: Miller

New utility infrastructure in historic rivers. Allows the consideration of construction of underwater utility infrastructure as an alternative solution in the planning for use and development of water and related land resources along the historic Lower James River.

S.B. 1277

Patron: Stuart

Wildlife exhibitor permit. Requires the Board of Game and Inland Fisheries to establish standard conditions for the possession and display of wildlife by elementary and secondary school teachers for educational purposes. The bill exempts such exhibits from the wildlife exhibitor permit application and fee so long as the Department of Game and Inland Fisheries is notified of the display of wildlife and such display complies with the conditions established by the Board.

S.B. 1279

Patron: Hanger

Consolidation of water quality programs. Moves the 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 composition of the Virginia Soil and Water Conservation Board is changed, reducing the number of voting members from 12 to seven, and the Department of Environmental Quality is assigned responsibility for staffing the Board. The Virginia Soil and Water Conservation Board will continue its oversight responsibilities of the soil and water conservation districts and of resource management planning. The Board of Conservation and Recreation will be responsible for administration of the flood prevention and dam safety laws.

S.B. 1309

Patron: Hanger

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 allocate general fund moneys to soil and water conservation districts to support their operations and oversee districts' programs.