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2014 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chairman: Emmett W. Hanger, Jr.

Clerk: Emily Bowles
Staff: Martin Farber, Scott Meacham
Date of Meeting: January 16, 2014
Time and Place: 1/2 hour after adjournment, Senate Room B

S.B. 25 Offshore natural gas & oil royalties; establishment of Va. Offshore Energy Emergency Response Fund.

Patron: Reeves

Offshore natural gas and oil royalties; establishment of Virginia Offshore Energy Emergency Response Fund and Community College Energy Exploration and Development Fund. Sets out the recipients, proportions, and payment order for the distribution of royalties received by the Commonwealth as a result of offshore natural gas and oil drilling and exploration. The bill establishes the Virginia Offshore Energy Emergency Response Fund and directs to it the first $50 million in royalties, requiring that additional royalties maintain the fund at $50 million if moneys are withdrawn from it. Of the subsequent royalties, the bill directs 20 percent to the Transportation Trust Fund; 10 percent to the Virginia Coastal Energy Research Consortium; 10 percent to the Community College Energy Exploration and Development Fund, a fund established by the bill; 20 percent to the Department of Environmental Quality; and 40 percent to the general fund, with an amount to be determined applied toward commerce and infrastructure in the Port of Virginia Economic and Infrastructure Development Zone.

A BILL to amend and reenact § 67-301 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 25 of Title 10.1 a section numbered 10.1-2503 and by adding a section numbered 23-220.02, relating to offshore natural gas and oil resources.

14100016D

S.B. 32 Animal Cruelty Registry; established.

Patron: Stanley

Animal Cruelty Registry established. Requires the Superintendent of State Police to establish and maintain an Animal Cruelty Registry for public access on the website of the Department of State Police. The Registry shall include the names of persons convicted of certain felony animal cruelty offenses. The bill provides that a person on the Registry may request removal of his name after 15 years, provided that he has no additional felony convictions of an animal cruelty offense.

A BILL to amend the Code of Virginia by adding in Article 9 of Chapter 65 of Title 3.2 a section numbered 3.2-6573.1, relating to the establishment of an animal cruelty registry.

14100868D

S.B. 52 Boating safety course.

Patron: Stuart

Boating safety course. Exempts persons 45 years of age or older on July 1, 2014, from having to pass a boating safety education course in order to operate a motorboat.

A BILL to amend and reenact § 29.1-735.2 of the Code of Virginia, relating to exemption from boating safety course requirement.

14100916D

S.B. 123 Wind energy projects; regulations to mitigate adverse effects of turbine blades on wildlife.

Patron: Garrett

Wind energy projects; regulations to mitigate adverse effects of turbine blades on wildlife. Directs the Board of Game and Inland Fisheries to adopt regulations establishing mitigation measures to reduce the adverse effects of wind turbines on wildlife. The bill lists two possible measures: the use of visual markers on turbine blades and the incorporation of sonic devices to repel birds and bats flying at night.

A BILL to amend the Code of Virginia by adding a section numbered 29.1-556.2, relating to wind turbines; striking of wild birds and animals.

14101866D

S.B. 209 Sand replenishment; sand or other material placed on bottomlands to provide for beach nourishment.

Patron: McWaters

Sand replenishment. Provides that when sand or other material is placed on state-owned bottomlands seaward of the mean low-water mark in order to provide beach nourishment or storm protection or as a result of a dredging project, the deposited material shall be deemed accretion. The public has a right of use and maintenance of the area as previously existed on the adjacent land above the mean low-water mark.

 

A BILL to amend and reenact § 28.2-1202 of the Code of Virginia, relating to sand replenishment, riparian rights, and public access.

14101020D

S.B. 210 Commercial fishing; suspension of tidal fishing privileges.

Patron: McWaters

Suspension of tidal fishing privileges. Authorizes the Marine Resources Commission to suspend for five years the tidal fishing privileges of any commercial fisherman who has violated the tidal fishery laws five times or more in a two-year period.

A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 2 of Title 28.2 a section numbered 28.2-232.1, relating to suspension of commercial fishing privileges in tidal waters.

14102111D

S.B. 217 Surface mining; pollutant discharge permit.

Patron: Carrico

Pollutant discharge permit for surface mining. Eliminates the requirements that the Director of the Department of Mines, Minerals and Energy submit a copy of the application for a discharge permit to the State Water Control Board for its review and provide the Board with a written notice of every action taken in consideration of the permit application. The bill also removes the authority of the State Water Control Board to object to the issuance of a discharge permit.

A BILL to amend and reenact § 45.1-254 of the Code of Virginia, relating to pollutant discharge permit for mining operations.

14102471D

S.B. 228 Pet dealers; required to reimburse certain veterinary fees to consumer.

Patron: Petersen

Pet dealers; diseased animals; veterinary certificate. Requires a pet dealer to reimburse certain veterinary fees when a consumer returns or retains a diseased dog or cat, live or dead, that has been certified by a veterinarian as being unfit for purchase. Current law requires the pet dealer to refund the purchase price or exchange the unfit pet for a pet of equivalent value. The bill extends the return or reimbursement period from 10 to 20 days and eliminates the condition that the animal be pedigreed. The bill also requires a dealer to provide an animal history certificate when the consumer takes possession of a dog or cat and incorporates information on the refund provision into the text of the required notice document. The bill requires certain dealers to record and post certain information about the breeder of each animal.

A BILL to amend and reenact §§ 3.2-6512, 3.2-6514, and 3.2-6515 of the Code of Virginia, relating to the sale of companion animals.

14101219D

S.B. 257 Tye River; designation as component of Virginia Scenic River System.

Patron: Deeds

Scenic river designation. Designates a 12.7-mile segment of the Tye 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 10.1-418.9, relating to the scenic rivers.

14100249D

S.B. 258 Law-enforcement consolidation plan.

Patron: Deeds

Law-enforcement consolidation plan. Directs the Secretary of Natural Resources, in cooperation with the Department of Game and Inland Fisheries and the Marine Resources Commission, to develop a plan for the consolidation of the law-enforcement functions of the two agencies under the Department of Game and Inland Fisheries. The bill includes criteria and issues to be considered in developing the consolidation plan. The bill directs the Secretary to submit the plan to the committees of oversight by November 1, 2014.

A BILL directing the Secretary of Natural Resources to develop a plan to consolidate the law-enforcement functions of the Department of Game and Inland Fisheries and the Marine Resources Commission.

14100251D

S.B. 431 Voluntary Remediation Program; removes cap on registration fees.

Patron: Watkins

Remediation fees. Removes the $5,000 cap on registration fees collected by the Department of Environmental Quality from persons conducting voluntary remediation on contaminated properties. The fees defray the costs of administering the voluntary remediation program. The bill also exempts the Virginia Waste Management Board from the regulatory requirements of the Administrative Process Act (APA) so that new regulations needed to adjust the fee schedule will be in place by July 1, 2014. The bill requires any subsequent adjustment to the fee schedule to be in compliance with the APA.

A BILL to amend and reenact § 10.1-1232 of the Code of Virginia, relating to the voluntary remediation program.

14103231D

S.B. 432 Livestock or poultry; compensation owner is entitled to receive for those killed or injured by dogs.

Patron: McDougle

Compensation for livestock or poultry. Removes the cap on the fair market value that the owner of livestock or poultry that has been killed or injured by dogs is entitled to receive as compensation, provided certain procedures are followed. Currently, such compensation cannot exceed $400 per animal or $10 per fowl.

A BILL to amend and reenact § 3.2-6553 of the Code of Virginia, relating to compensation for livestock or poultry killed by dogs.

14100152D

S.B. 434 Channel bass; repeals an obsolete section restricting taking of bass.

Patron: Miller

Possession of channel bass. Repeals an obsolete section restricting the taking of channel bass. The Atlantic States Marine Fisheries Commission currently establishes the restrictions on the taking of channel bass (red drum).

A BILL to repeal § 28.2-304 of the Code of Virginia, relating to channel bass (red drum).

14101366D

S.B. 444 Hybrid canines; authorizes any locality to prohibit by ordinance keeping of such canines.

Patron: Norment

Hybrid canines. Authorizes any locality to prohibit by ordinance the keeping of hybrid canines. The bill alters the definition of hybrid canine and requires a veterinarian to report to the local animal control office the initial visit of any hybrid canine.

A BILL to amend and reenact §§ 3.2-6581 and 3.2-6582 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 3.2-5902.1, relating to hybrid canines.

14101594D

S.B. 466 Dams, certain; liability of owners.

Patron: Watkins

Liability of owners of certain dams. Protects owners of land upon which dams that are owned, maintained, or operated by soil and water conservation districts are situated from liability for damages to the property of others or the injury to persons resulting from the failure of the dam.

A BILL to amend and reenact § 10.1-613.4 of the Code of Virginia, relating to liability of owner or operator of a dam.

14103194D

S.B. 504 Watercraft titling certificates; amendments to uniform act.

Patron: Wagner

Watercraft titling certificates; amendments to uniform act. Amends the Virginia Uniform Certificate of Title for Watercraft Act to conform it to other watercraft-related laws; the Act, passed by the 2013 General Assembly, contains a delayed effective date of July 1, 2014. The bill redefines "watercraft" to include only vessels with mechanical propulsion and to exclude vessels that measure 18 feet in length or less or have valid marine documents issued by the United States Coast Guard. The bill also clarifies the relationship between the titling statutes and the existing registration laws and makes technical amendments.

A BILL to amend and reenact §§ 29.1-733.2 and 29.1-733.7 of the Code of Virginia, relating to certificates of title for watercraft.

14100172D

S.B. 545 Reforestation Operations Fund; changes current Fund to nonreverting special fund.

Patron: Ruff

Reforestation Operations Fund. Changes the current Reforestation Operations Fund to a nonreverting special fund in which the interest generated by the Fund is credited to the Fund.

A BILL to amend and reenact § 10.1-1116 of the Code of Virginia, relating to the Reforestation Operations Fund.

14101175D

S.B. 547 Uranium exploration; sampling of well activity.

Patron: Ruff

Sampling of well near uranium exploration activity. Requires the holder of a permit to conduct uranium activities to contact those property owners who have wells located within 750 feet of the exploration activity and, with the owners' consent, to periodically sample their water supply. The bill requires sampling every six months during the time the exploration activity is being conducted and six months after the exploratory drill holes have been plugged. The permit holder is required to submit the results of the tests to the State Health Department, which is required to provide a nontechnical interpretation of the results to the well owner. The permit holder will be responsible for reimbursing the State Health Department for the costs of providing the nontechnical description of laboratory results to the well owner.

A BILL to amend the Code of Virginia by adding sections numbered 32.1-176.5:1.1 and 45.1-275.1, relating to testing of wells near uranium exploratory activity.

14101133D

S.B. 548 Coalbed methane; arbitration of conflicting claims of ownership.

Patron: Puckett

Coalbed methane; arbitration of conflicting claims of ownership. Allows a party to appeal an arbitrator's decision to the circuit court and authorizes the court to award attorney fees. Under current law, the circuit court may confirm, vacate, or correct the arbitrator's decision. The bill also requires arbitrators to be retired circuit court judges and provides that arbitration may be requested by any claimant and need not be requested by all claimants.

A BILL to amend and reenact § 45.1-361.22:1 of the Code of Virginia, relating to arbitration of conflicting claims of ownership of coalbed methane.

14101741D

S.B. 551 Cranesnest River; designates as component of Virginia Scenic Rivers System.

Patron: Puckett

Scenic river designation. Designates a 10.7-mile segment of the Cranesnest River in Dickenson County as a component of the Virginia Scenic Rivers System.

A BILL to amend the Code of Virginia by adding a section numbered 10.1-411.4, relating to designation of a segment of the Cranesnest River as State Scenic River.

14103527D

S.B. 560 Coal-mined areas; reclamation.

Patron: Puckett

Reclamation of coal-mined areas. Amends the Virginia Coal Surface Mining Control and Reclamation Act of 1979 by removing the ability of certain applicants to provide a bond without separate surety. The bill also raises the target balance of the Coal Surface Mining Reclamation Fund (the Fund) from $1.75 million to $20 million, alters the method of deducting certain expenditures from the Fund, and makes technical amendments.

A BILL to amend and reenact §§ 45.1-241, 45.1-270.3, and 45.1-270.4 of the Code of Virginia, relating to the Virginia Coal Surface Mining Control and Reclamation Act of 1979.

14101264D

S.B. 569 Living shorelines general permit.

Patron: Stuart

Living shorelines general permit. Requires regulations for the issuance of general permits for living shoreline projects to include an expedited review process. The bill allows construction of such projects under the local wetlands and coastal primary sand dunes ordinances. A living shoreline is a shoreline management practice that provides erosion control and water quality benefits; protects, restores, or enhances natural shoreline habitat; and maintains coastal processes through the strategic placement of plants, stone, and fill.

A BILL to amend and reenact §§ 28.2-104.1, 28.2-1302, and 28.2-1403 of the Code of Virginia, relating to living shoreline general permits.

14103336D