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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 28, 2016
Time and Place: Thursday, 1/2 hour after adjournment, Senate Room B

S.B. 6 Private animal shelters; reporting euthanasia.

Patron: Stanley

Private animal shelters; reporting; euthanasia. Requires any private animal shelter that euthanizes animals to submit to the State Veterinarian an annual report listing each animal euthanized, the dates of initial confinement, holding, and euthanasia, the shelter's efforts, if any, to dispose of the animal by nonlethal means, and the basis for the decision to euthanize the animal.

A BILL to amend and reenact § 3.2-6548 of the Code of Virginia, relating to private animal shelters; reporting; euthanasia.

16100394D

S.B. 18 Companion animal; surgical sterilization program.

Patron: Stanley

Companion animal surgical sterilization program; fund; penalty. Establishes a fund to reimburse participating veterinarians for the surgical sterilizations they perform on eligible cats or dogs. The bill provides that a surcharge of $5 per ton of pet food distributed in the Commonwealth be deposited in the fund and such pet food be exempted from the existing litter tax. An animal will be eligible for sterilization under the program if it is a feral or free-roaming cat or is owned by a low-income individual or a releasing agency such as an animal shelter. The bill establishes penalties for providing false information or submitting false payment requests.

A BILL to amend and reenact §§ 3.2-6500 and 58.1-1708 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 3.2-6504.1, 3.2-6504.2, 3.2-6504.3, and 58.1-1707.1, relating to companion animals; surgical sterilization program; penalty.

16100388D

S.B. 98 Management of menhaden.

Patron: Cosgrove

Management of menhaden. Requires the Virginia Marine Resources Commission to adopt regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden and authorizes the Commission to adopt regulations for managing the Commonwealth's menhaden fishery. The bill also requires that any moratorium on the fishery be subject to legislative review. Several sections dealing with quotas, allocation of allowable landings, and administrative procedures are repealed and will be included in a regulatory framework for managing the fishery.

A BILL to amend and reenact §§ 2.2-4002, 2.2-4103, 28.2-201, 28.2-409, and 28.2-410 of the Code of Virginia and to repeal §§ 28.2-400.2 through 28.2-400.6, 28.2-405, 28.2-411, and 28.2-1000.2 of the Code of Virginia, relating to management of the menhaden fishery.

16102315D

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. 219 Purse net fishing prohibited.

Patron: DeSteph

Purse net fishing prohibited. Prohibits fishing for menhaden with purse nets (i) in the Chesapeake Bay and its tributaries within one mile of mean low water and (ii) within three miles of shoreline of Virginia Beach extending to the North Carolina border.

A BILL to amend and reenact § 28.2-409 of the Code of Virginia, relating to prohibiting fishing with purse nets in certain waters.

16102053D

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. 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. 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. 344 Sunday hunting; exempts any person who hunts rail (Rallidae) or other wetland birds.

Patron: Lewis

Sunday hunting; rails. Exempts any person who hunts rallidae, the family of birds that includes rails and other wetland birds, from the prohibition on hunting on Sunday. The exemption is subject to geographical limitations established by the Director of the Department of Game and Inland Fisheries and is not allowed within 200 yards of a place of worship or any accessory structure thereof. Current law allows, under certain circumstances, people who hunt raccoons or waterfowl or hunt on private property to do so on Sundays. The bill also makes technical amendments.

A BILL to amend and reenact § 29.1-521 of the Code of Virginia, relating to hunting on Sunday; rails.

16100909D

S.B. 367 Coyotes; county or city ordinances, adds to list of firearm-hunting topics.

Patron: McDougle

Hunting of coyotes; county or city ordinances. Adds the hunting of coyotes to the list of firearm-hunting topics about which a county or city is authorized to adopt ordinances. Current law allows the governing body of a county or city to adopt ordinances prohibiting hunting with certain types of shotguns, permitting groundhog hunting under certain conditions, permitting hunting with muzzleloaders, and specifying permissible ammunition types. The bill contains technical amendments.

A BILL to amend and reenact § 29.1-528 of the Code of Virginia, relating to hunting of coyotes; county or city ordinances.

16100866D

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. 475 Clean Fuel Fleet Voucher Program; established.

Patron: Wagner

Clean Fuel Fleet Voucher Program. Directs the Department of Mines, Minerals and Energy (the Department) to establish a rebate program to subsidize the cost of the purchase or conversion of a medium-duty or heavy-duty alternative fuel vehicle by an operator of a fleet of vehicles in Virginia. The rebate, which is to be offered by motor vehicle dealers, is to cover no more than 50 percent of the difference in cost between the alternative fuel vehicle and a comparable vehicle that operates on a conventional fuel. The fleet operator is required to report mileage and fuel consumption data to the Department and certify that it will own the vehicle and title and register it in Virginia for at least three years.

A BILL to amend the Code of Virginia by adding in Chapter 26 of Title 45.1 a section numbered 45.1-395, relating to the clean fuel fleet voucher program.

16102190D

S.B. 557 Reformulated gasoline; sale by marina.

Patron: DeSteph

Reformulated gasoline; sale by marina. Directs the Department of Environmental Quality to seek an exemption from the federal reformulated gasoline (RFG) program for conventional, ethanol-free gasoline sold by a marina for marine use.

A BILL to seek an exemption from the federal reformulated gasoline program for gasoline sold by a marina for marine use.

16101219D

S.B. 598 Erosion and sediment control; compliance with stormwater management program.

Patron: DeSteph

Erosion and sediment control; stormwater management program. Clarifies that certain flow rate capacity and velocity requirements for plans approved on and after July 1, 2014, shall be satisfied by compliance with Virginia Stormwater Management Program (VSMP) Permit Regulations where the land-disturbing activity is conducted in accordance with extended permit coverage regulations.

A BILL to amend and reenact § 62.1-44.15:52 of the Code of Virginia, relating to erosion and sediment control; stormwater management.

16102415D

S.B. 624 York River; scenic and historic designations.

Patron: Locke

York River; scenic and historic designations. Designates the portion of the York River that flows for approximately 20 miles from the border of York and James City Counties to the Chesapeake Bay as a component of the Virginia Scenic Rivers System and declares it to be a state historic river.

A BILL to amend the Code of Virginia by adding a section numbered 10.1-413.01 and by adding in Title 10.1 a chapter numbered 4.2, consisting of a section numbered 10.1-420, relating to the York River; scenic and historic designations.

16103928D

S.B. 651 Animal control officers; training.

Patron: Cosgrove

Animal control officers; training. Requires animal control officers hired on or after July 1, 2017, to complete a basic animal control course within one year after the date of hire. Current law requires completion of such training course within two years after the date of hire.

A BILL to amend and reenact § 3.2-6556 of the Code of Virginia, relating to animal control officers; training.

16103320D

S.B. 698 Dam Safety, Flood Prevention and Protection Assistance Fund; disbursement of moneys.

Patron: Wexton

Dam Safety, Flood Prevention and Protection Assistance Fund. Authorizes the Director of the Department of Conservation and Recreation to disburse moneys from the Fund in the form of grants to private entities that own dams in order to protect public safety and welfare. The grants can be used for the design, repair, and the safety modifications of dams identified in safety reports. The bill specifies homeowners' associations and planned unit developments among those private entities owning dams that are eligible to receive grants and loans from the Fund.

A BILL to amend and reenact § 10.1-603.19 of the Code of Virginia, relating to grants from the Dam Safety, Flood Prevention and Protection Assistance Fund to private entities.

16103914D

S.B. 717 Vineyards; grapevine grant program.

Patron: Marsden

Vineyards; grapevine grant program.

A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 46.1, consisting of sections numbered 3.2-4610 and 3.2-4611, relating to vineyards; grapevine grant program.

16104634D