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2015 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chairman: Emmett W. Hanger, Jr.

Clerk: Maribeth Turner
Staff: Martin Farber, Scott Meacham
Date of Meeting: February 5, 2015
Time and Place: Thursday, 1/2 hour after adjournment, Senate Room B

S.B. 740 Carbon dioxide emissions; regulation, General Assembly approval of state plan.

Patron: Carrico

Regulation of carbon dioxide emissions from existing stationary sources; General Assembly approval of state plan. Requires the Department of Environmental Quality to receive approval from the General Assembly for Virginia's state plan to regulate carbon dioxide emissions for existing stationary sources prior to submitting the plan to the U.S. Environmental Protection Agency for approval.

A BILL to require the Department of Environmental Quality to obtain General Assembly approval before submitting a state plan for the regulation of carbon dioxide emissions to the U.S. Environmental Protection Agency.

15100687D

EMERGENCY

S.B. 996 Boating safety education; exemption for motorboat operators born prior to July 1, 1972.

Patron: Stuart

Exemptions from boating safety education requirements. Exempts motorboat operators born prior to July 1, 1972, and who are residents of Virginia, from having to demonstrate compliance with boating safety education requirements before operating a motorboat. The bill removes the current exemption from such requirements for persons renting a boat to operate a motorboat on Virginia waters.

A BILL to amend and reenact § 29.1-735.2 of the Code of Virginia, relating to boating safety education requirements.

15102348D

S.B. 1202 Clean Power Plan; preparation of state implementation plan.

Patron: Wagner

Clean Power Plan; preparation of state implementation plan. Prohibits any state agency or employee from preparing or submitting to the Environmental Protection Agency (EPA) a state implementation plan, or other document with respect to the EPA's Clean Power Plan, unless and until the State Corporation Commission finds that the final version of the Clean Power Plan incorporates amendments or revisions that address 18 criticisms of the proposed version to an extent that makes it unlikely that compliance with the final version will increase electricity rates or reduce the reliability of electric service.

A BILL to establish conditions on the authority of state agencies to prepare or submit a state implementation plan with respect to the Environmental Protection Agency's carbon pollution emission guidelines for existing electric utility generating units.

15101282D

S.B. 1242 Nurseries; labeling of plants treated with pollinator-lethal insecticides.

Patron: Deeds

Nurseries; labeling of plants treated with pollinator-lethal insecticides. Prohibits the labeling or advertisement of a plant as being beneficial to pollinators if the plant contains a detectable level of a systemic insecticide that is harmful to pollinators. The bill defines "pollinator" as an insect that pollinates flowers.

A BILL to amend and reenact § 3.2-3800 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 3.2-3809.1, relating to pollinator-lethal insecticides.

15100289D

S.B. 1266 Conservation easements; private bottomland conveyed by special grant.

Patron: Deeds

Conservation easements; private bottomland conveyed by special grant. Clarifies that riverbed property that a court has conclusively determined to be in private ownership may be the subject of a conservation easement. The bill defines "private bottomland," establishes the necessary provisions of a conservation easement in private bottomland, and provides that the owner of the bottomland may receive tax benefits for donating an easement for 10 years or more, rather than in perpetuity as current law requires.

A BILL to amend and reenact §§ 10.1-1009, 10.1-1010, and 10.1-1011 of the Code of Virginia, relating to conservation easements; private bottomland.

15102152D

S.B. 1271 Submerged beds of rivers or creeks; claims of private ownership, arbitration.

Patron: Deeds

Submerged beds of rivers or creeks; claims of private ownership; arbitration. Requires that the Department of General Services (the Department) order arbitration to resolve claims of ownership of a submerged bed of an inland river or creek upon the written request of a party claiming ownership and after a preliminary hearing. The bill requires that an arbitrator be appointed by the circuit court from a list of qualified persons maintained by the Department and that the arbitrator make a determination within six months of the Department's order.The costs of the arbitration shall be paid by the claimant, and the Department is required to estimate the cost of the proceeding and give the claimant the option of delaying the arbitration before beginning.

A BILL to amend and reenact § 2.2-1102 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-1157.1, relating to submerged beds of rivers or creeks; claims of private ownership; arbitration.

15103526D

S.B. 1315 Nonhuman primates; acquisition prohibited, penalties.

Patron: Lewis

Nonhuman primates; penalties. Prohibits the acquisition of nonhuman primates and controls the ownership of such primates already in the Commonwealth. The bill prohibits the possession, sale, transfer, or breeding of a primate, defined as any species of the taxonomic order Primates except humans. The bill excepts from the prohibition certain institutions, such as accredited zoos; qualified transporters passing through the Commonwealth; and those in lawful possession of a primate prior to July 1, 2015, as long as they meet certain conditions. The bill authorizes the Board of Game and Inland Fisheries to adopt regulations to carry out the law. Finally, the bill provides a procedure for the seizure of a primate in certain circumstances; provides a private right of action for any resident of a locality where a primate is kept; and authorizes localities to adopt ordinances that are more stringent than the restrictions contained in the bill. The bill provides that a violation of any of its provisions is a Class 1 misdemeanor and that an owner whose reckless control of a primate is the cause of a serious attack on a person also is guilty of a Class 1 misdemeanor.

A BILL to amend the Code of Virginia by adding in Chapter 5 of Title 29.1 an article numbered 8, consisting of sections numbered 29.1-578 through 29.1-581, relating to nonhuman primates; penalties.

15101861D

S.B. 1332 Tobacco Indemnification and Community Revitalization Commission.

Patron: Alexander

Tobacco Indemnification and Community Revitalization Commission. Expands the purposes for which the Tobacco Indemnification and Community Revitalization Commission can distribute funds to include providing proton therapy telemedicine and scientific research performed at one of the Commonwealth's cancer research and treatment centers in Southside or Southwest Virginia for citizens living in the two regions.

A BILL to amend and reenact § 3.2-3108 of the Code of Virginia, relating to Tobacco Indemnification and Community Revitalization Fund.

15103734D

S.B. 1341 Eastern Virginia Groundwater Management Advisory Committee established.

Patron: Norment

Eastern Virginia Groundwater Management Advisory Committee established. Establishes the Eastern Virginia Groundwater Management Advisory Committee (the Committee) to assist the Department of Environmental Quality (DEQ) in developing, revising, and implementing a management strategy for ground water in the Eastern Virginia Groundwater Management Area. The bill prohibits the State Water Control Board and the DEQ from taking any actions that require reductions in the volume of permitted ground water withdrawals until the report of the Committee is presented to the State Water Commission. The bill has a sunset date of January 1, 2018.

A BILL to amend the Code of Virginia by adding a section numbered 62.1-256.1, relating to establishment of the Eastern Virginia Groundwater Management Advisory Committee.

15103746D

S.B. 1365 Clean Power Plan; state implementation plan; General Assembly approval.

Patron: Watkins

Clean Power Plan; state implementation plan; General Assembly approval. Requires the Department of Environmental Quality to receive approval from the General Assembly for a state implementation plan to regulate carbon dioxide emissions from existing power plants prior to submitting the plan to the U.S. Environmental Protection Agency for approval. The bill contains an emergency clause.

A BILL to require the Department of Environmental Quality to receive approval from the General Assembly for a state plan to regulate carbon dioxide emissions from existing stationary sources prior to submitting the state plan to the U.S. Environmental Protection Agency for approval.

15103204D

EMERGENCY

S.B. 1440 Tobacco Indemnification and Community Revitalization Commission; financial viability & feasibility.

Patron: Ruff

Tobacco Indemnification and Community Revitalization Commission; financial viability and feasibility study prior to disbursement; Virginia Tobacco Region Revolving Fund. Renames the Tobacco Indemnification and Community Revitalization Commission as the Tobacco Region Revitalization Commission (the Commission) and requires it to contract with a manager with respect to Commission loans, grants, and other distributions of money. The bill requires the manager to provide a written report on the financial viability and feasibility of any such distribution and prohibits the Commission from making the distribution until its viability and feasibility have received recommendations from the manager. The bill eliminates future appointments of six nonlegislative citizen members, all tobacco producers, and requires 13 of the remaining 25 Commission members to have experience in particular fields. The bill requires the Commission to adopt policies governing the Tobacco Region Opportunity Fund; to require a dollor-for-dollar match from entities receiving grants; to make no distribution to a tobacco-dependent community solely based on the historical production of tobacco; to require each project to have an accountability matrix, provide a set of quantified outcome expectations and other figures, and demonstrate how it will address low employment levels or other indicators; to develop a strategic plan every two years; and to establish a public database of awards. The bill also establishes the Virginia Tobacco Region Revolving Fund (the Fund), the assets of which are to be used to make loans to local governments for the financing of any project. The bill empowers the Virginia Resources Authority (the Authority) to administer the Fund, pledge assets of the Fund as security for bonds issued to finance a project, sell or collect on loans made from the Fund, and, in accordance with a memorandum of agreement with the Commission, establish the rates and terms of loans. The bill directs the Commission, in conjunction with the Authority, to make an annual report to the General Assembly and the Governor on all loans made from the Fund.

A BILL to amend and reenact §§ 3.2-3100 through 3.2-3104, 3.2-3108, 3.2-3111, and 62.1-203 of the Code of Virginia and to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 31.1, consisting of sections numbered 3.2-3112 through 3.2-3121, relating to the Tobacco Region Revitalization Commission; financial viability and feasibility study prior to disbursement; Virginia Tobacco Region Revolving Fund.

15103467D

S.B. 1461 Waterfowl blind licenses; renewal

Patron: Wagner

Renewal of waterfowl blind licenses. Exempts persons holding a waterfowl blind license for a blind located in Virginia Beach from the requirement to remove his blind when his license expires, if he notifies the Department of Game and Inland Fisheries that he intends to renew the license. Licenses for blinds in Virginia Beach that have expired in 2014 and thereafter may be renewed by the license holder up to one year after such license expired. The bill requires that the licensee pay a late fee of $75 for each license renewed.

A BILL to amend and reenact § 29.1-347 of the Code of Virginia, relating to renewal of waterfowl blind licenses.

15104474D