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2016 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chairman: Richard H. Stuart

Clerk: Maribeth Lacy
Staff: Martin Farber, Scott Meacham
Date of Meeting: January 21, 2016
Time and Place: Thursday, 1/2 hr. after adj., Senate Room B

S.B. 1 Excise tax on peanuts.

Patron: Lucas

Excise tax on peanuts. Extends the sunset of the $0.30 per 100 pounds excise tax on all peanuts grown in and sold in Virginia from July 1, 2016, to July 1, 2021. The proceeds from the tax are used for promoting the sales and use of Virginia peanuts.

A BILL to amend and reenact § 3.2-1905 of the Code of Virginia, relating to the excise tax on peanuts.

16100290D

S.B. 9 Civil immunity; forcible entry of motor vehicle to remove unattended companion animal.

Patron: Alexander

Civil immunity; forcible entry of motor vehicle to remove unattended companion animal. Provides civil immunity to any person who forcibly enters a motor vehicle to remove an unattended companion animal that is at risk of serious bodily injury or death, provided that the person has attempted to contact a law-enforcement officer, animal control officer, or other emergency services personnel prior to such entry if feasible under the circumstances. The bill also provides immunity for acts or omissions that result in the loss of the animal by death or escape or any injury caused by the animal where such loss or injury would not have occurred but for the animal's unattended occupancy of the vehicle.

A BILL to amend the Code of Virginia by adding a section numbered 3.2-6504.1, relating to civil immunity; companion animals left unattended in motor vehicles.

16100151D

S.B. 21 Clean Power Plan; state implementation plan; General Assembly approval.

Patron: Chafin

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.

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.

16101688D

S.B. 37 Black vultures; killing not prohibited by state law.

Patron: Carrico

Black vultures; killing not prohibited by state law. Directs the Board of Game and Inland Fisheries to adopt regulations exempting the black vulture (Coragyps atratus) from the prohibition against taking or possessing a wildlife species that is not classified as game, furbearer, or nuisance. The bill also prohibits the Department of Game and Inland Fisheries (the Department) from devoting any state resources to the enforcement of provisions of the federal Migratory Bird Treaty Act or the regulations adopted thereunder by the U.S. Fish and Wildlife Service that protect the black vulture. In addition, the bill allows the Department to continue to participate in federally permitted black vulture studies and management programs, including obtaining or supporting the issuance of federal migratory bird depredation permits to allow, in some cases, the killing of black vultures.

A BILL to amend the Code of Virginia by adding a section numbered 29.1-502.1, relating to black vultures.

16100615D

S.B. 102 Marine Resources Commission; increases membership.

Patron: DeSteph

Composition of the Marine Resources Commission. Increases the membership of the Marine Resources Commission by adding a member who is a recreational user of water and owns property that abuts the waters in Virginia Beach. The bill increases the number of members for a quorum from five to six. Obsolete provisions regarding the initial staggering of terms are eliminated.

A BILL to amend and reenact § 28.2-102 of the Code of Virginia, relating to membership of the Marine Resources Commission.

16102385D

S.B. 118 Ground water conservation incentive program; State Water Control Board to establish a voluntary.

Patron: Lucas

Conservation of ground water. Directs the State Water Control Board to establish a voluntary ground water conservation incentive program. The program is designed to provide incentives to those ground water permittees who agree to adopt measures that would (i) substantially reduce their reliance on ground water, (ii) transition to alternative water sources, or (iii) develop necessary infrastructure. The permittee would have to agree to either a 50 percent reduction in the amount authorized by its permit or certificate that is in effect on January 1, 2015, or achieve a comparable level of conservation by any combination of authorized withdrawal amount reduction and alternative options approved by the Board. These conditions are referred to as "qualification criteria" and will be used to determine the permittee's eligibility for the program. If a permittee is accepted into the program he will have a transition period, not to exceed 15 years, to meet the criteria. Each permittee that agrees to the qualification will have the benefit of a "regulatory certainty" period of 20 years during which the amount of withdrawal cannot be reduced, except in limited circumstances.

A BILL to amend and reenact § 62.1-266 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 62.1-266.1, relating to establishment of a ground water conservation incentive program.

16101378D

S.B. 123 Newborn calves; certification of calf receiving colostrum.

Patron: Stanley

Sale of newborn calves; certification; colostrum. Requires any seller of a newborn cow calf to certify that the calf received at least four quarts of colostrum during its first six hours. The bill authorizes the Board of Agriculture and Consumer Services to impose a civil penalty of up to $50 per violation, to be deposited in the Feed, Lime, Fertilizer, and Animal Remedies Fund.

A BILL to amend and reenact § 3.2-3617 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 60 of Title 3.2 an article numbered 5, consisting of a section numbered 3.2-6043, relating to the sale of cattle; newborn calves; penalty.

16101268D

S.B. 152 Sale of furs and animal parts; adoption of regulations.

Patron: Reeves

Sale of furs and animal parts; adoption of regulations. Authorizes the Board of Game and Inland Fisheries (the Board) to adopt regulations allowing the sale of furs or furbearer products. The bill authorizes the Board to adopt regulations providing exemptions to the requirement that a dealer in furs obtain a permit. Current law limits such exemptions to hunters, trappers, fur farmers, and American Indians. The bill also authorizes the Board to allow the possession, manufacture, or sale of parts of, or implements made from parts of, wild birds or animals. Current law provides only for the manufacture or sale of implements from deer skeletal parts or turkey callers from turkey parts, as well as the possession of shed antlers.

A BILL to amend and reenact §§ 29.1-401 and 29.1-521 of the Code of Virginia, relating to sale of furs and animal parts; adoption of regulations.

16101837D

S.B. 227 Environmental Quality, Department of; toxic waste site inventory.

Patron: McEachin

Department of Environmental Quality; toxic waste site inventory. Directs the Department of Environmental Quality to inventory by July 1, 2017, nonfederally managed toxic waste sites in the Commonwealth and publish the inventory at that time and annually thereafter. The bill does not become effective unless an appropriation effectuating the purposes of the bill is included in a general appropriation act passed in 2016 by the General Assembly that becomes law.

A BILL to amend and reenact § 10.1-1186.1 of the Code of Virginia, relating to the Department of Environmental Quality; toxic waste site inventory.

16102716D

S.B. 228 Environmental Quality, Department of; raises civil penalty that may be included with a special order

Patron: McEachin

Department of Environmental Quality; penalties. Raises the civil penalty that may be included with a special order from $10,000 to $25,000. The bill contains a technical amendment.

A BILL to amend and reenact § 10.1-1182 of the Code of Virginia, relating to the Department of Environmental Quality; penalties.

16102717D

S.B. 252 Century forest program; State Forester to establish a program to honor certain families.

Patron: Ruff

State Forester; century forest program. Directs the State Forester to establish a program to honor families whose property has been in the same family for 100 years or more, includes at least 20 contiguous acres of managed forest, and meets certain requirements. The bill also removes the option for the Commissioner of Agriculture and Consumer Services to include a farm that does not gross more than $2,500 annually but is being used for a bona fide silvicultural purpose from being recognized under the century farm program.

A BILL to amend and reenact § 3.2-105 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 10.1-1105.1, relating to the century forest program.

16100660D

S.B. 254 Oyster grounds; assignment or transfer by VMRC of grounds in Lynnhaven River.

Patron: DeSteph

Oyster grounds; Virginia Marine Resources Commission; Lynnhaven River. Suspends until July 1, 2017, the assignment or transfer by the Virginia Marine Resources Commission of general oyster grounds in the Lynnhaven River or its tributaries.

A BILL to suspend until July 1, 2017, the assignment or transfer of general oyster grounds in the Lynnhaven River or its tributaries by the Virginia Marine Resources Commission.

16101220D

S.B. 268 Animal disease violations; criminal and civil penalties.

Patron: Chafin

Animal disease violations. Authorizes the Board of Agriculture and Consumer Services to assess civil penalties not to exceed $1,000 per violation in lieu of criminal penalties for violations of the laws controlling livestock and poultry diseases and shooting enclosures, with the exception of violations of regulations to prevent and control avian influenza in the live-bird marketing system, which remain subject to both criminal and existing civil penalties. The bill designates moneys generated from any such civil penalties to be deposited into the Livestock and Poultry Disease Fund (the Fund), created by the bill. Moneys in the Fund are to be disbursed to control the spread of infectious diseases among animals. The bill contains technical amendments that reorganize the penalty provisions of Chapter 60 into a single new article.

A BILL to amend and reenact §§ 3.2-6023 and 3.2-6034 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 60 of Title 3.2 an article numbered 5, consisting of sections numbered 3.2-6043, 3.2-6044, and 3.2-6045; and to repeal §§ 3.2-6018 and 3.2-6042 of the Code of Virginia, relating to criminal and civil penalties for animal disease violations.

16100449D

S.B. 282 Virginia Shoreline Resiliency Fund; established.

Patron: Lewis

Virginia Shoreline Resiliency Fund. Establishes the Virginia Shoreline Resiliency Fund for the purpose of creating a low-interest loan program to help residents and businesses that are subject to recurrent flooding. Moneys from the Fund may be used to mitigate future flood damage.

A BILL to amend the Code of Virginia by adding in Chapter 6 of Title 10.1 an article numbered 1.3, consisting of sections numbered 10.1-603.24 through 10.1-603.27, relating to the Virginia Shoreline Resiliency Fund.

16101182D

S.B. 283 Crab pots; recreational gear license, turtle excluder device.

Patron: Lewis

Crab pots; recreational gear license; turtle excluder device. Directs the Virginia Marine Resources Commission to require that turtle reduction devices be attached to each crab pot covered by a recreational gear license.

A BILL to amend and reenact § 28.2-226.2 of the Code of Virginia, relating to crab pots; recreational gear license; turtle excluder device.

16102014D

S.B. 284 Oyster; taking for recreational use.

Patron: Lewis

Recreational oyster harvest. Limits the exemption for taking up to one bushel of oysters for personal use on Sunday to those (i) Sundays within a prescribed oyster harvest season and (ii) public oyster grounds or unleased bottom that has been designated as open for harvesting.

A BILL to amend and reenact § 28.2-530 of the Code of Virginia, relating to the taking of oysters for personal use.

16100478D

S.B. 292 Sediment reduction credits.

Patron: Hanger

Sediment reduction credits. Authorizes Municipal Separate Storm Sewer Systems (MS4) permittees to acquire and use sediment reduction credits as part of a compliance strategy for implementing the Chesapeake Bay TMDL. Currently, MS4s have similar authority for nitrogen and phosphorous; the bill adds a third pollutant, sediment.

A BILL to amend the Code of Virginia by adding a section numbered 62.1-44.19:21.1, relating to sediment reduction credits for MS4s.

16101611D

S.B. 298 Increasing rents for certain planting grounds.

Patron: DeSteph

Increasing rents for certain planting grounds. Increases the annual rent from $1.50 per acre or portion thereof to $5,000 per acre or portion thereof for leasing planting grounds that are within 1,000 feet of shoreline residences.

A BILL to amend and reenact § 28.2-612 of the Code of Virginia, relating to rent for leasing oyster planting grounds.

16102386D

S.B. 307 Beach restoration; expedited permit.

Patron: Lewis

Beach restoration; expedited permit. Directs the Virginia Marine Resources Commission to develop an expedited process for issuing a permit for emergency sand restoration activities on a publicly owned beach. To qualify for restoration, the beach shall have been eroded by a discrete, identifiable weather event that was the subject of a local or state declaration of emergency. The bill exempts the permit process from certain provisions of the Administrative Process Act.

A BILL to amend and reenact § 28.2-1207 of the Code of Virginia, relating to beach restoration; expedited permit.

16101833D

S.B. 348 Pesticide Control Act; clarifies process to assess penalty for violation.

Patron: Deeds

Pesticide Control Act; civil penalties; process. Clarifies the process by which the Board of Agriculture and Consumer Services assesses a penalty for a violation of the Virginia Pesticide Control Act (VPCA), aligning the provisions of VPCA with those of the Administrative Process Act (APA). The bill provides that a notice of an alleged violation does not constitute a case decision under the APA and gives the recipient of such notice 30 days to provide additional relevant facts. The bill preserves the recipient's rights to an informal fact-finding conference, an appeal of a final order, and other aspects of due process found in current law.

A BILL to amend and reenact §§ 3.2-3943 and 3.2-3946 of the Code of Virginia, relating to the Pesticide Control Act; civil penalties.

16100448D

S.B. 349 Free fishing days; removes certain prohibition against fishing without license.

Patron: Deeds

Free fishing days. Removes the prohibition against fishing without a license in waters stocked with trout by the Department of Game and Inland Fisheries or other public body on days designated by the Department as free fishing days.

A BILL to amend and reenact § 29.1-301 of the Code of Virginia, relating to free fishing days.

16100480D

S.B. 356 Virginia Pollinator Protection Strategy; DACS to develop and maintain.

Patron: Deeds

Virginia Pollinator Protection Strategy. Directs the Department of Agriculture and Consumer Services to develop and maintain a pollinator protection strategy (the Strategy) to promote the health of and mitigate the risks to pollinator species, including honeybees. The Strategy shall include a protection plan for managed pollinators that provides voluntary best management practices and supports efforts to reduce exposure, increase habitat, and take other steps to protect pollinators.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 3.2 a section numbered 3.2-108.1, relating to Virginia Pollinator Protection Strategy.

16102896D

S.B. 397 Oyster grounds; navigation rights in Lynnhaven River.

Patron: DeSteph

Rights of navigation; compensation. Requires any person who seeks to open a channel that is necessary for waterfront property owners to be able to navigate the waters of the Lynnhaven River and its tributaries, and who is not a lessee or riparian holder of oyster or clam grounds, to give 12 months' notice of his intention. Any person constructing a channel is required to compensate the lessee of oyster grounds for all losses of commercially productive oyster beds within the affected area.

A BILL to amend and reenact §§ 28.2-618 and 28.2-630 of the Code of Virginia, relating to the navigation projects in certain oyster grounds.

16103868D

S.B. 443 Nutrient credit certification; priority consideration.

Patron: Hanger

Nutrient credit certification; priority consideration. Directs the State Water Control Board (the Board) to establish a system for priority consideration of an application for a land conversion project, with a $10,000 fee. The Department of Environmental Quality will be required to review such a priority application ahead of normal applications and approve it within 30 days. The bill also directs the Board to certify credits that are located in tributaries outside the Chesapeake Bay Watershed.

A BILL to amend and reenact § 62.1-44.19:20 of the Code of Virginia, relating to nutrient credit certification; priority consideration.

16102219D

S.B. 482 Clean Power Plan; state implementation plan; General Assembly approval.

Patron: Obenshain

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.

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.

16101758D

S.B. 529 Menhaden quotas.

Patron: Stuart

Menhaden quotas. Increases the total allowable landings for menhaden from 144,272.84 metric tons per year to 158,700.12 metric tons per year. The bill also repeals the sunset provision that would have removed the Virginia Marine Resources Commission's authority to establish the annual harvest cap for the purse seine fishery for Atlantic menhaden.

A BILL to amend and reenact § 28.2-400.2 of the Code of Virginia and to repeal the third enactments of Chapters 59 and 760 of the Acts of Assembly of 2013, as amended by Chapters 104 and 133 of the Acts of Assembly of 2014, relating to management of the menhaden fishery.

16101215D