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2017 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chairman: Richard H. Stuart

Clerk: Alex Elwood, John Garrett
Staff: David Barry, Scott Meacham
Date of Meeting: January 12, 2017
Time and Place: 1/2 hour after adjournment Senate Room B

S.B. 799 Companion animal; surgical sterilization program, penalty.

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 requires that a surcharge of $5 per ton of pet food distributed in the Commonwealth be deposited in the fund and that such pet food be exempted from the existing litter tax. An animal will be eligible for sterilization under the program at no or reduced cost to its owner or caretaker 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 3.2-6504.2, 3.2-6504.3, 3.2-6504.4, and 58.1-1707.1, relating to companion animals; surgical sterilization program; penalty.

17100677D

S.B. 801 Dogs; public animal shelters required to notify intent to euthanize.

Patron: Stanley

Public animal shelters; dogs; euthanasia. Requires a public animal shelter to notify any person or releasing agency of its intent to euthanize an abandoned dog, and to wait five days before euthanizing the dog, if the person or agency has requested the adoption or transfer of the particular animal. The shelter is not required to provide such notice if it has reason to believe that the dog has injured a human or the dog meets certain other specified conditions for euthanasia.

A BILL to amend and reenact § 3.2-6546 of the Code of Virginia, relating to dogs; euthanasia after notice.

17100684D

S.B. 818 Potomac River Watershed; DEQ to identify owner of any combined sewer overflow outfall, etc.

Patron: Surovell

Department of Environmental Quality (DEQ); combined sewer overflow (CSO) outfalls; Potomac River Watershed. Directs DEQ to identify the owner of any combined sewer overflow outfall that discharges into the Potomac River Watershed and to determine what actions by the owner are necessary to bring the outfall into compliance with Virginia law, the federal Clean Water Act, and the Presumption Approach described in the CSO Control Policy of the U.S. Environmental Protection Agency (EPA). The bill requires any owner of such an outfall to bring it into compliance with the EPA policy by July 1, 2027. The bill does not apply to any outfall for which a higher level of control is necessary to comply with a TMDL.

A BILL to direct compliance with regulations of certain combined sewer overflow outfalls; Potomac River Watershed.

17100774D

S.B. 819 Alexandria, City of; Combined Sewer Overflow (CSO) system permit, Potomac River outfall.

Patron: Ebbin

City of Alexandria; Combined Sewer Overflow (CSO) system permit; Potomac River outfall. Directs the State Water Control Board to include in the next renewal of the Virginia Pollutant Discharge Elimination System permit for the Combined Sewer Overflow (CSO) system of the City of Alexandria (City) a requirement that the City complete by January 1, 2029, an assessment of the discharges from Combined Sewer Outfall Number 001 into the Potomac River. The bill requires the assessment to incorporate any improvements meant to address discharges from any part of the City's CSO system and to determine what control technologies may be required to meet applicable regulations.

A BILL to require the City of Alexandria to assess Combined Sewer Overflow discharges into the Potomac River.

17101094D

S.B. 820 Menhaden fishery; VMRC to adopt regulations for managing the Commonwealth's fishery.

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 existing codified provisions relating 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.

17100639D

S.B. 852 Pet shops; procurement of dogs from unlicensed dealers.

Patron: Stanley

Pet shops; procurement of dogs from unlicensed dealers. Prohibits any companion animal dealer who is not licensed by the U.S. Department of Agriculture from selling any dog to a pet shop.

A BILL to amend and reenact § 3.2-6511.1 of the Code of Virginia, relating to pet shops; procurement of dogs from unlicensed dealers.

17101303D

S.B. 856 Cats and dogs; authorizes local government to provide for lifetime licenses.

Patron: Hanger

Cats and dogs; lifetime licenses. Authorizes the governing body of a county or city to provide for a lifetime dog or cat license. The bill also removes the minimum annual tax for a dog or cat, sets the maximum tax for a lifetime license at $50, and limits the fee for a duplicate dog or cat tag to $1.

A BILL to amend and reenact §§ 3.2-6527, 3.2-6528, 3.2-6530, 3.2-6532, and 18.2-403.3 of the Code of Virginia, relating to dogs and cats; lifetime licenses.

17101869D

S.B. 866 Boating safety course; database listing operators who have passed course.

Patron: Stuart

Boating safety course; database listing operators who have passed course. Directs the Department of Game and Inland Fisheries (the Department) to create a database listing the name and date of birth of every person who has at any time passed an approved boating safety course. The bill requires a law-enforcement officer to search the database for the identity of a motorboat operator if the operator states that he has complied with the requirements for boating safety education by passing the boating safety course.

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

17101148D

S.B. 898 DEQ; combined sewer overflow (CSO) outfalls; Potomac River Watershed.

Patron: Stuart

Department of Environmental Quality (DEQ); combined sewer overflow (CSO) outfalls; Potomac River Watershed. Directs DEQ to identify the owner of any combined sewer overflow outfall that discharges into the Potomac River Watershed and to determine what actions by the owner are necessary to bring the outfall into compliance with the Presumption Approach described in the CSO Control Policy of the U.S. Environmental Protection Agency(EPA). The bill requires any owner of such an outfall to bring it into compliance with the EPA policy by July 1, 2020. When the owner is a locality and it fails to meet the 2020 compliance deadline, the bill directs the Governor to withhold all state appropriations from the locality until it brings the outfall into compliance. The bill does not apply to any outfall for which a higher level of control is necessary to comply with a TMDL.

A BILL to direct compliance with regulations of certain combined sewer overflow outfalls; Potomac River Watershed.

17100814D

S.B. 899 Reformulated gasoline; sale for farm use.

Patron: DeSteph

Reformulated gasoline; sale for farm use. Directs the Department of Environmental Quality to seek an exemption from the federal reformulated gasoline (RFG) program for conventional, ethanol-free gasoline sold for use in farm motor vehicles.

A BILL to seek an exemption from the federal reformulated gasoline program for gasoline sold for farm use.

17101130D

S.B. 906 Introduction of snakehead fish; penalty.

Patron: Surovell

Introduction of snakehead fish; penalty. Prohibits the introduction of snakehead fish from any location into state waters. Current law only prohibits the introduction of snakehead fish from outside the Commonwealth.

A BILL to amend and reenact § 18.2-313.2 of the Code of Virginia, relating to the introduction of snakehead fish; penalty.

17101295D

S.B. 909 Menhaden; total allowable landings.

Patron: Stuart

Menhaden; total allowable landings. Raises the annual total of allowable landings for menhaden from 158,700.12 metric tons to 168,937.75 metric tons.

A BILL to amend and reenact § 28.2-400.2 of the Code of Virginia, relating to menhaden; total allowable landings.

17101505D

S.B. 910 Virginia Oil and Gas Act; sampling and replacing contaminated wells.

Patron: Stuart

Virginia Oil and Gas Act; sampling and replacing contaminated wells. Increases from 750 feet to 1,320 feet the radius of surface lands around gas wells on which gas well operators (i) have a right to enter and obtain water samples from water wells and (ii) are required to replace contaminated water supplies.

A BILL to amend and reenact §§ 45.1-361.43 and 45.1-361.44 of the Code of Virginia, relating to gas and oil drilling; groundwater.

17101275D

S.B. 911 Orphaned Well Fund; surcharge.

Patron: Stuart

Orphaned Well Fund; surcharge. Raises from $50 to $200 the surcharge to be paid by a gas or oil operator for a permit to conduct any activity other than geophysical operations. The bill contains technical amendments.

A BILL to amend and reenact § 45.1-361.40 of the Code of Virginia, relating to Orphaned Well Fund.

17101274D

S.B. 948 Tobacco Board; commodity board member nominations and terms; excise tax.

Patron: Ruff

Tobacco Board; commodity board member nominations and terms; excise tax. Alters the member nomination process, tax rate, and other functions of the Tobacco Board (the Board). The bill removes the 90-day deadline for submission of industry nominees for a seat on the Board, as well as the requirement that there be two or more nominations for each seat. The bill removes from the Board the power to appoint a secretary and other employees. Finally, the bill raises the excise tax on tobacco from 20 cents to 40 cents per 100 pounds of tobacco harvested; authorizes the Board, at its discretion, to waive interest on the tax when it is paid late or is left unpaid; and provides criteria for such waiver.

A BILL to amend and reenact §§ 3.2-1105, 3.2-1106, 3.2-2401, 3.2-2405 through 3.2-2407.1, and 3.2-2410 of the Code of Virginia and to repeal §§ 3.2-2403 and 3.2-2404 of the Code of Virginia, relating to commodity boards; Tobacco Board.

17100711D

S.B. 968 Hunting license; bear, deer, or turkey; electronic carry.

Patron: Chafin

Hunting license; bear, deer, or turkey; electronic carry. Removes the requirement that a license to hunt bear, deer, or turkey be carried in paper form, allowing it to be carried by electronic or computerized means.

A BILL to amend and reenact § 29.1-336 of the Code of Virginia, relating to bear, deer, and turkey hunting license; electronic carry.

17101294D

S.B. 984 Water Quality Improvement Fund; water reuse facilities.

Patron: Dance

Water Quality Improvement Fund; water reuse facilities. Includes technologies in water reuse facilities that result in the reduction of nutrient discharges in the definition of nutrient removal technology.

A BILL to amend and reenact § 10.1-2117 of the Code of Virginia, relating to nutrient removal technology; water reuse facilities.

17101508D

S.B. 1030 Renewal of nursery stock licenses; late fee.

Patron: Marsden

Renewal of nursery stock licenses; late fee. Imposes a $50 late fee for a nurseryman and $15 late fee for a dealer for failure to renew a nursery stock license within 30 days of the December 31 expiration date. The bill exempts from prosecution for a Class 1 misdemeanor under § 3.2-3810 any nurseryman or dealer who pays the late fee imposed by the bill. The bill provides that any nurseryman or dealer who fails to renew his license within 30 days of the December 31 due date shall be considered unlicensed.

A BILL to amend and reenact § 3.2-3803 of the Code of Virginia, relating to renewal of nursery stock licenses; late fee.

17101490D

S.B. 1079 Dam Safety, Flood Prevention and Protection Assistance Fund.

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 common interest communities 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.

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.

17101990D

S.B. 1097 Scenic river designation; James River.

Patron: Newman

Scenic river designation; James River. Designates a segment of the James River approximately 59 miles long in Botetourt and Rockbridge Counties as a component of the Virginia Scenic Rivers System. The segment runs from the origination of the James River at the confluence of the Jackson and Cowpasture Rivers to the Rockbridge-Amherst-Bedford County line. A 14-mile portion of that segment in Botetourt County is currently so designated.

A BILL to amend and reenact § 10.1-413 of the Code of Virginia, relating to James River State Scenic River.

17101719D

S.B. 1196 James River State Scenic River designation.

Patron: Deeds

James River State Scenic River designation. Designates a 10.2-mile section of the James River from the Rockbridge-Botetourt County line to the Rockbridge-Amherst-Bedford County line a component of the Virginia Scenic Rivers System.

A BILL to amend and reenact § 10.1-413 of the Code of Virginia, relating to James River State Scenic River; designation of additional component of Virginia Scenic Rivers System.

17101286D