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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: February 18, 2016
Time and Place: 1/2 Hour after adjournment of Senate / SR B
Updated to add HB 734

H.B. 2

Patron: O'Quinn

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.

16100592D

H.B. 20

Patron: Ingram

Excise tax on peanuts. Extends from July 1, 2016, to July 1, 2021, the sunset of the $0.30 per 100 pounds excise tax on all peanuts grown in and sold in Virginia. 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.

16100118D

H.B. 114

Patron: Knight

Warning notice at agritourism location. Replaces the word "warning" with the word "attention" in the notice posted on signs at agritourism locations and included in contracts with agritourism professionals. Under the existing provisions of the Agritourism Activity Liability law, in order to avoid any liability for injury or death of participants in an agritourism activity, the agritourism profession is required to post a warning notice that there are inherent risks in engaging in the agritourism activity taking place on the property.

A BILL to amend and reenact § 3.2-6402 of the Code of Virginia, relating to warning signs at agritourism locations.

16101321D

H.B. 115

Patron: Knight

Diversion of agriculture commodity funds. Removes the authority of the General Assembly to disburse the unexpended balances in the special agriculture commodity funds for purposes other than each fund's intended purpose.

A BILL to amend and reenact § 3.2-1100 of the Code of Virginia, relating to diversion of commodity fund unexpended balances.

16101316D

H.B. 136

Patron: Knight

Damaged duck blinds in Virginia Beach. Requires a person who holds a duck blind license for a stationary blind located in the City of Virginia Beach to immediately notify the Department of Game and Inland Fisheries (the Department)when his blind has been abandoned, is in a state of disrepair, or does not meet the duck blind standards. The bill provides that any owner of such blind who fails to place a PVC pipe marker with reflecting tape into the water six feet above mean low water at the site of the blind (i) within seven days of discovery of the condition of the blind or (ii) within seven days of notification by the Department of the marking requirement is subject to a civil penalty of up to $100 a day.

A BILL to amend the Code of Virginia by adding a section numbered 29.1-345.2, relating to damaged stationary duck blinds in the City of Virginia Beach; civil penalty.

16101150D

H.B. 137

Patron: Knight

Killing feral hogs. Allows employees of the Department of Game and Inland Fisheries and federal agencies having responsibility for fisheries and wildlife management to hunt or kill, from aircraft and with the permission of the landowner, feral hogs in False Cape State Park and Back Bay National Wildlife Refuge, except during waterfowl season.

A BILL to authorize the shooting of feral hogs in False Cape State Park and Back Bay National Wildlife Refuge.

16102939D

H.B. 157

Patron: Orrock

Department of Agriculture and Consumer Services; guidance documents. Requires that guidance documents developed by the Department of Agriculture and Consumer Services be approved by the Commissioner of Agriculture. The bill also requires the Department to submit the guidance document to the Secretary of Agriculture and Forestry. The bill specifies that the guidance document has no force of law and cannot be the basis for denial or approval of the operation of a private animal shelter and requires every approved guidance document to be posted on the Department's website.

A BILL to amend and reenact § 3.2-102 of the Code of Virginia, relating to adoption of guidance documents.

16104780D

H.B. 200

Patron: Marshall, D.W.

Establishing fee schedule for state parks. Directs the Department of Conservation and Recreation to develop a plan that establishes a fee structure for rental of campsites and cabins in state parks. The bill requires the Department to submit the plan and its rental rate recommendations to the committees of oversight by November 1, 2016.

A BILL directing the Department of Conservation and Recreation to develop a plan establishing a fee structure for campsites and cabins at state parks.

16101520D

H.B. 208

Patron: Bulova

Tributary plans. Repeals provisions that prescribe the content of tributary plans as part of the tributary strategies. Tributary strategies have been replaced by Watershed Implementation Plans (WIP).

A BILL to repeal § 2.2-219 of the Code of Virginia, relating to development and implementation of tributary plans.

16102266D

H.B. 262

Patron: Lingamfelter

Allowing the sale of wildlife products. Authorizes the Board of Game and Inland Fisheries to adopt regulations that allow a licensed hunter or trapper to manufacture and sell products made from wildlife that he has legally harvested, except when the manufacturing or sale of such products is detrimental to public health or sound wildlife management. The bill also allows the use or transportation of turkey feathers and toes taken from legally harvested turkey carcasses for the purpose of making tools or utensils or selling such tools or utensils.

A BILL to amend and reenact §§ 29.1-103 and 29.1-521 of the Code of Virginia, relating to manufacture and sale of products made from wildlife parts.

16104869D

H.B. 317

Patron: Lingamfelter

Hunter education incentives. Requires the Board of Game and Inland Fisheries to provide incentives for completing a safety course to those hunters who have not been required to successfully complete such course in order to hunt wildlife.

A BILL to amend and reenact § 29.1-300.1 of the Code of Virginia, relating to incentives for completion of hunter education course.

16102407D

H.B. 327

Patron: Bloxom

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 when the erosion is caused 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.

16101952D

H.B. 340

Patron: Orrock

Regulations for private animal shelter. Requires the Board of Agriculture and Consumer Services to adopt regulations that establish the purposes of private animal shelters. In developing the regulations, the Board is to consider among other things: (i) a requirement that the organization operating the shelter submit to the state veterinarian the governing documents of the organization, (ii) the criteria to be used by the shelters for accepting or denying the acceptance of the animal into the facility, (iii) the operating policies of the organization, and (iv) the number of adoptions completed and other dispositions, including the reasons for euthanasia. The bill requires that any regulation that is adopted ensure that no private animal shelter be prohibited from operating solely on the basis of the number of adoptions completed.

A BILL directing the Board of Agriculture and Consumer Services to adopt regulations for private animal shelters.

16104831D

H.B. 438

Patron: Bulova

Sediment reduction credits. Authorizes Municipal Separate Storm Sewer System (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 phosphorus; the bill adds a third pollutant, sediment. The sediment credits cannot be used if they are associated with phosphorus credits used in stormwater nonpoint nutrient runoff water quality criteria.

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.

16104603D

H.B. 440

Patron: Lingamfelter

Impaired waters clean-up plan; progress report; annual submission. Reduces from semiannual to annual the requirement in the Chesapeake Bay and Virginia Waters Clean-Up and Oversight Act that the Secretary of Natural Resources submit a progress report on the implementation of the impaired waters clean-up plan to several legislative oversight committees.

A BILL to amend and reenact § 62.1-44.118 of the Code of Virginia, relating to the impaired waters clean-up plan; annual progress report.

16100657D

H.B. 472

Patron: Tyler

Service agencies and technicians. Requires that a weights and measures service agency include in its applications for registration or renewal proof of a uniquely identifiable security seal. An application for renewal of a service technician certification does not have to require a valid proof of completion of the course unless the course is offered by the Commissioner of Agriculture in an electronic format that is available to the applicant online.

A BILL to amend and reenact §§ 3.2-5703 and 3.2-5707 of the Code of Virginia, relating to service agencies and technicians; security seal and service technician certification qualifications.

16104721D

H.B. 476

Patron: Fariss

Submission of animal intake policy. Requires animal control officers, humane investigators, and releasing agencies to include a description of their animal intake policy in their annual report to the State Veterinarian regarding animals in their custody.

A BILL to amend and reenact §§ 3.2-6549 and 3.2-6557 of the Code of Virginia, relating to requiring submission of animal intake policy.

16102131D

H.B. 514

Patron: Landes

Governor's Agriculture and Forestry Industries Development Fund; wild fish and shellfish. Clarifies that commercially-harvested wild fish and commercially-harvested wild shellfish are included within the definition of "agricultural products." The Governor's Agriculture and Forestry Industries Development Fund provides grants or loans to expand the processing of Virginia-grown agriculture and forestry products.

 A BILL to amend and reenact § 3.2-303 of the Code of Virginia, relating to the Governor's Agriculture and Forestry Industries Development Fund; commercially-harvested wild fish and shellfish.

16104436D

H.B. 699

Patron: Pogge

Production of industrial hemp. Clarifies that it is lawful for a person with a license to manufacture industrial hemp products or engage in scientific, agricultural, or other research involving the applications of industrial hemp and that no person shall be prosecuted for the possession, cultivation, or manufacture of industrial hemp plant material or products. The current law authorizes the Board of Agriculture and Consumer Services to adopt regulations necessary to license persons to grow industrial hemp or administer a research program. The bill requires the Commissioner of Agriculture and Consumer Services to establish a licensure program, with a maximum license fee of $250.

A BILL to amend and reenact §§ 3.2-4113 and 3.2-4117 of the Code of Virginia, relating to the production of industrial hemp.

16104237D

H.B. 734

Patron: Hope

Noxious weeds. Establishes an advisory committee to evaluate the risks of a plant or part thereof that is being considered for designation as a noxious weed. The bill requires the advisory committee to assess the plant's (i) impact on water bodies, other plants, livestock, land, public health, the environment, and the economy and (ii) current and potential in-state commercial viability. The bill exempts from the definition of noxious weed any plant whose in-state production is commercially viable.

A BILL to amend and reenact §§ 3.2-800 and 3.2-802 of the Code of Virginia, relating to noxious weeds.

16102674D

H.B. 1211

Patron: Leftwich

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, or within two years of the date of hire if the officer is attending a law enforcement academy. 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.

16103893D

H.B. 1270

Patron: Orrock

Companion animal care advisory committee established. Authorizes the State Veterinarian to establish by January 1, 2017, a seven-member advisory committee to make  recommendations and serve as a resource in the development of policies related to the care and treatment of companion animals by public and private animal shelters.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 65 of Title 3.2 a section numbered 3.2-6502.1, relating to establishment of a companion animal care advisory committee.

16104235D