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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 23, 2014
Time and Place: 1/2 hour after adjournment, Senate Room B

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. 49 Management of the menhaden fishery.

Patron: Stuart

Management of the menhaden fishery. Extends the sunset date for management of the menhaden fishery from January 1, 2015, to July 1, 2016. The provisions of the program enacted in 2014 that would be extended include (i) criteria for qualifying for a limited entry purse seine bait license, (ii) the allocation of the total allowable landings, (iii) administration of the management program, (iv) reporting requirements, (v) biological sampling, (vi) license fees, (vii) Commissioner of the Marine Resources Commission's authority, and (viii) annual closure of the fishery.

A BILL to amend and reenact the second enactment of Chapter 41 of the Acts of Assembly of 2007, as amended by Chapters 178 and 728 of the Acts of Assembly of 2010 and Chapters 59 and 760 of the Acts of Assembly of 2013, and to amend and reenact the third and fourth enactments of Chapters 59 and 760 of the Acts of Assembly of 2013, relating to management of the menhaden fishery.

14101478D

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. 176 Home-produced or farm-produced products; sale of products by certain farm operations.

Patron: Black

Home-produced or farm-produced products. Allows the sale of food products made from any fruit, grain, herbs, honey, meat, milk, mushrooms, nuts, poultry, seafood, or vegetables by a farm operation employing 10 or fewer people or by a private home, so long as (i) the sale is made directly to consumers and (ii) the product is labeled with the producer's name and address, the product's ingredients, and a disclosure statement indicating the product is not subject to Virginia's food safety laws or regulations.

A BILL to amend and reenact §§ 3.2-5101, 3.2-5130, 3.2-5206, 28.2-803, and 32.1-12 of the Code of Virginia, relating to home food operations.

14100826D

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. 413 Wildlife rehabilitators; exempted from practice or licensure of veterinary medicine.

Patron: Hanger

Wildlife rehabilitators. Exempts certain persons who provide care to wildlife under a permit issued by the Department of Game and Inland Fisheries from the requirement to be a licensed veterinarian or licensed veterinary technician to provide such care. This exemption covers (i) persons holding a wildlife rehabilitator permit from the Department, (ii) persons holding a permit to possess wildlife for educational or scientific purposes, (iii) persons or organizations holding a permit to possess or confine for recreational or commercial activities, and (iv) persons holding a permit to interact with captive or free-ranging wildlife for purposes authorized by the Department.

A BILL to amend and reenact § 54.1-3801 of the Code of Virginia, relating to exempting wildlife rehabilitators from the practice of veterinary medicine.

14100559D

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. 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

S.B. 582 Impounding structures exemption.

Patron: Garrett

Impounding structures exemption. Exempts owners of impounding structures who by July 1, 2014, have not begun the upgrading of their facilities or have been unable to comply with the Department of Conservation and Recreation's Impounding Structure Regulations until an analysis by the Department of the costs of such compliance is completed and the General Assembly has considered the findings and provided policy guidance. The analysis is to be completed by December 1, 2014, and the findings reported to the committees of oversight. Owners of impounding structures who, prior to July 1, 2014, have contracted for services in order to comply with the regulations and the Dam Safety Act will be required to continue to meet the requirements of the regulations and the Act.

A BILL directing the Department of Conservation and Recreation to exempt certain owners of structural impoundments from complying with regulations.

14103324D

S.B. 602 Location of nonriparian blinds.

Patron: Stuart

Location of nonriparian blinds. Prohibits the placement of nonriparian stationary blinds in a marked navigation channel. The bill also removes the prohibition against such blinds being located in waters having a depth greater than eight feet at mean high tide.

A BILL to amend and reenact § 29.1-345 of the Code of Virginia, relating to placement of nonriparian stationary blinds.

14103630D

S.B. 603 Condemnation of oyster grounds.

Patron: Stuart

Condemnation of oyster grounds. Prohibits localities from exercising the right of eminent domain to condemn privately leased riparian and general oyster planting grounds. These planting grounds are assigned to persons under a lease agreement approved by the Virginia Marine Resources Commission.

A BILL to amend and reenact § 28.2-628 of the Code of Virginia, relating to condemnation of privately leased oyster grounds.

14103628D

S.B. 614 Waste kitchen grease; persons transporting to affix a decal.

Patron: Vogel

Transportation of waste kitchen grease; decal. Requires certain persons transporting waste kitchen grease to affix a decal issued by the Commissioner to the outside of any vehicle used for such purpose. Current law requires the person to display his name and registration number on the vehicle in letters not less than three inches high.

A BILL to amend and reenact § 3.2-5512 of the Code of Virginia, relating to the transportation of waste kitchen grease; decal.

14101180D

S.B. 615 Carbon dioxide; regulating emissions.

Patron: Carrico

Regulating carbon dioxide emissions. Establishes the process for adopting state carbon dioxide (CO2) requirements consistent with the emission guidelines the U.S. Environmental Protection Agency (EPA) intends to propose under §111d of the Clean Air Act for regulating CO2 emissions from existing fossil fuel-fired electric generating units in June 2014. The bill requires the State Air Pollution Control Board to establish separate CO2 performance standards for coal-fired and gas-fired electric generating units on a case-by-case basis, and based on the best system of emission reduction that has been adequately demonstrated and can be reasonably achieved through measures undertaken at each unit, without requiring the unit to switch fuel. The bill requires the Board to consider on a case-by-case basis whether less stringent performance standards than those required by EPA's Emission Guidelines are warranted, taking into account seven enumerated criteria. Once the Board determines appropriate performance standards, the Board, to the "maximum extent permissible," is to implement the performance standards through flexible regulatory mechanisms, including emissions averaging or emissions trading. Finally, the bill prohibits the state from submitting any §111d plan to EPA inconsistent with the bill, except as is necessary to comply with federal regulations.

A BILL to amend the Code of Virginia by adding in Chapter 13 of Title 10.1 an article numbered 4, consisting of a section numbered 10.1-1329, relating to establishment of a carbon dioxide emission control plan.

14103858D

S.B. 629 Navigation on certain waters.

Patron: Marsden

Navigation on certain waters. Provides that no person who is recreationally floating upon certain waters in a nonmotorized vessel shall be liable for civil or criminal trespass. The bill provides that existing ownership rights in real property shall remain unchanged.

A BILL to amend the Code of Virginia by adding a section numbered 29.1-745.1, relating to navigation on certain waters.

14103098D