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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: February 2, 2017
Time and Place: 1/2 hour after adjournment Senate Room B

H.B. 1454 James River; designation as component of Virginia Scenic Rivers System.

Patron: Austin

James River State Scenic River designation. Extends the scenic river designation of a portion of the James River located in Botetourt County from 14 miles to 49 miles.

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

17100630D

H.B. 1477 Cats and dogs; local government may, by ordinance, provide for lifetime licenses.

Patron: Orrock

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.

17101360D

H.B. 1509 Mineral mines reclamation; bonds and liens.

Patron: Ware

Mineral mines reclamation; bonds and liens. Increases, from a range of $200 to $1,000 per acre to a fixed amount of $3,000 per acre, the mandatory bond amount furnished by operators on mining land. The bill grants the Commonwealth a lien on property owned by the operator and reclaimed by the Director of the Department of Mines, Minerals and Energy and sets out the process by which the Director shall perfect or waive the lien.

A BILL to amend and reenact §§ 45.1-183, 45.1-185, 45.1-197.8, 45.1-197.10, 45.1-197.14, and 45.1-197.18 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 45.1-186.3 through 45.1-186.8, relating to liens on mineral mining sites.

17101267D

H.B. 1520 Reformulated gasoline; sale for farm use.

Patron: Knight

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.

17104672D

H.B. 1562 Dam Safety, Flood Prevention and Protection Assistance Fund; grants from Fund.

Patron: Cole

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, as defined in § 54.1-2345, 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.

17104371D

H.B. 1619 Watershed discharge permits; review of allocations.

Patron: Bulova

Watershed discharge permits; review of allocations. Directs the State Water Control Board to incorporate into the general permit procedures by which it will, every 10 years, (i) review load allocations to determine whether changes in the use of a facility have halted or reduced nutrient discharges and (ii) determine, prior to reissuing the general permit, the need for reallocations based on a variety of factors, including changes in treatment technologies and land use.

A BILL to amend and reenact § 62.1-44.19:14 of the Code of Virginia, relating to watershed general permit for nutrients.

17101509D

H.B. 1680 Marine Resources Commission; advisory committees.

Patron: Bloxom

Marine Resources Commission; advisory committees. Establishes four advisory committees to make recommendations to the Marine Resources Commission on issues relating to the management of, respectively, crab, finfish, shellfish, and habitat. The bill also reorganizes two existing advisory boards that deal with commercial fishing and recreational fishing, respectively, and one existing advisory committee that deals with the Virginia Saltwater Sport Fishing Tournament. Each of the seven committees and boards is composed of nine members appointed by the Commissioner of Marine Resources, of whom one is an associate commissioner and eight are citizen members drawn from a list of nominees submitted by interested organizations. Finally, the bill adds two members to the Fishery Resource Grant Advisory Board, one of whom is an associate commissioner. The provisions of the bill establishing the four new committees expire on July 1, 2020.

A BILL amend and reenact §§ 28.2-207, 28.2-208.1, 28.2-246, and 28.2-302.4 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 28.2-203.2, by adding in Article 1 of Chapter 2 of Title 28.2 sections numbered 28.2-208.2 and 28.2-208.3, and by adding a section numbered 28.2-1204.3, relating to Marine Resources Commission; advisory committees.

17104384D

H.B. 1740 Sanitary districts; creation by board of supervisors.

Patron: Minchew

Sanitary districts; creation by board of supervisors. Transfers authority to create or enlarge sanitary districts from the circuit court with jurisdiction over the locality in which the district is located to the governing body of the county or city in which the district is located. The bill requires the governing body, at a hearing for the creation or enlargement of a sanitary district, to make a finding of fact of whether the action is necessary, practical, fiscally responsible, and supported by at least 50 percent of persons who own real property in (i) the proposed district or (ii) in the case of enlargement, the area proposed to be included in the existing district. The bill also requires a minimum standard regarding timeliness for hearings.

A BILL to amend and reenact §§ 21-113 through 21-116, 21-117, 21-117.1, 21-118, and 21-119 of the Code of Virginia, relating to sanitary districts; authority to create or expand.

17102826D

H.B. 1781 Farmers' markets; farm and forest land conversion; plans.

Patron: Plum

Farmers' markets; farm and forest land conversion; plans. Removes the requirements that certain agencies analyze the impact of regulations on the conversion of farm and forest lands and that the Commissioner of Agriculture and Consumer Services summarize the reports of the operators of state-owned farmers' markets to the General Assembly.

A BILL to amend and reenact § 3.2-3501 of the Code of Virginia and to repeal § 3.2-206 of the Code of Virginia, relating to farmers' markets; reports; farm and forest land conversion; plans.

17101487D

H.B. 1793 Burn ban; exception for frost or freeze protection of orchard or vineyard.

Patron: Fariss

Burn ban; exception for freeze protection of orchard or vineyard. Adds an exception to the ban on fires from February 15 through April 30 of each year for a prescribed burn for the prevention of damage to orchards or vineyards by frost or freezing temperatures.

A BILL to amend and reenact § 10.1-1142 of the Code of Virginia, relating to burn ban; exception for freeze protection of orchard or vineyard.

17103561D

H.B. 2009 Stormwater and erosion management; administration of program by certified third party.

Patron: Hodges

Stormwater and erosion management; administration of program by certified third party. Authorizes the hiring of certified third-party professionals to administer any or all aspects of a program for the management of stormwater and erosion, including plan review, inspection, and enforcement, on behalf of (i) an erosion and stormwater management program authority, which is the State Water Control Board or a locality approved by the State Water Control Board, or (ii) a stormwater management program authority, which can be a locality, a state entity, or another type of entity.

A BILL to amend and reenact § 62.1-44.15:27, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to stormwater and erosion management; administration of program by third party.

17102331D

H.B. 2076 State Water Control Board; stormwater management programs, regulations, professional license.

Patron: Wilt

State Water Control Board; stormwater management programs; regulations; professional license. Directs the State Water Control Board to adopt regulations requiring that all plan elements, specifications, or calculations whose preparation requires a license in engineering, architecture, soil science, or a related profession be signed and sealed by a licensed professional. The bill requires the regulations to be effective no later than July 1, 2018, and exempts them from certain provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

A BILL to amend and reenact § 62.1-44.15:28, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to stormwater management programs; regulations.

17101647D

H.B. 2200 Coal Surface Mining Reclamation Fund; assessment of reclamation tax revenues.

Patron: O'Quinn

Reclamation of coal-mined areas. Repeals the July 1, 2017, expiration date from 2014 legislation that raised the target balance of the Coal Surface Mining Reclamation Fund (the Fund) from $1.75 million to $20 million and altered the method of deducting certain expenditures from the Fund.

A BILL to repeal the second enactment of Chapter 111 and the second enactment of Chapter 135 of the Acts of Assembly of 2014, relating to Coal Surface Mining Reclamation Fund; assessment of reclamation tax revenues.

17101268D

H.B. 2254 Tobacco Board; composition, increases excise tax on bright flue-cured & type 21 dark-fired tobacco.

Patron: Edmunds

Tobacco Board; composition; excise tax. Subjects the Tobacco Board to general provisions governing the terms, quorum, officers, and reimbursement of expenses of members of commodity boards. The bill removes the requirement that each tobacco organization submit two or more Tobacco Board nominees at least 90 days before the expiration of the member's term for which the nomination is being provided. The bill also removes the Tobacco Board's authority to appoint a secretary and other such employees. The bill increases the excise tax on bright flue-cured and type 21 dark-fired tobacco harvested in the Commonwealth from 20 cents to 40 cents per 100 pounds and allows the Tobacco Board to waive the interest penalty, or portion thereof, that accrues as a result of nonpayment of the excise tax in its discretion for good cause shown.

 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.

17104064D

H.B. 2311 Nutrient Offset Fund; sale of credits.

Patron: Cox

Nutrient Offset Fund; sale of credits. Requires the Director of the Department of Environmental Quality (DEQ) to use certain funds to purchase nutrient credits for point or nonpoint sources that achieve reductions beyond the requirements of state or federal law or the Chesapeake Bay Watershed Implementation Plan. The bill directs DEQ to establish procedures for distributing moneys from the Nutrient Offset Fund with certain requirements. The bill requires the Director of DEQ to consider the recommendations of the Virginia Economic Development Partnership and the requirements of the State Water Control Law (§ 62.1-44.2 et seq.) in the sale of nutrient credits to new or expanding private facilities. The bill also removes the priority given to nutrient offsets produced from facilities that generate electricity from animal waste. The bill renames nutrient offsets as nutrient credits.

A BILL to amend and reenact § 10.1-2128.2 of the Code of Virginia, relating to the Nutrient Offset Fund; sale of credits.

17101510D

S.B. 1143 Oyster or clam grounds; lease assignments in Lynnhaven River and its tributaries.

Patron: DeSteph

Oyster or clam grounds; Lynnhaven River; navigable channels. Provides that oyster or clam ground lease assignments in the Lynnhaven River and its tributaries are subject to the rights of riparian landowners to open and mark channels necessary for navigable access to their property.

A BILL to amend and reenact §§ 28.2-618 and 28.2-630 of the Code of Virginia, relating to oyster or clam grounds; Lynnhaven River; navigation channels.

17101559D

S.B. 1355 Riparian owner; dredging a navigable channel, oyster or clam grounds.

Patron: DeSteph

Riparian owner; dredging; oyster or clam grounds. Provides that the existing ability of a landowner to open a channel although he is not a lessee or riparian holder of suitable bottoms includes the actions of marking a channel, dredging a navigable channel for access to his property, and participating with a locality to dredge a channel outside his riparian area. The bill requires the Marine Resources Commission to consider a variety of factors when determining whether to grant or deny a lease for the use of state-owned bottomlands. Current law requires such consideration only for the granting or denial of a permit for such use. The bill also includes the use of state waters for navigation among the factors to be considered. Finally, the bill expands the area of state-owned submerged beds that are potentially off limits for oyster planting by including navigation projects that are authorized by the Commonwealth or by a locality among the areas where no lease shall be granted. Current law exempts navigation projects from leasing only when they are authorized by Congress. The bill contains technical amendments.

A BILL to amend and reenact §§ 28.2-556, 28.2-603, 28.2-630, and 28.2-1205 of the Code of Virginia, relating to riparian owner; dredging; oyster or clam grounds.

17103780D

S.B. 1383 Coal ash; treatment by utilities, recycling.

Patron: Surovell

Coal ash; treatment by utilities; recycling. Requires electric utilities to recycle as much of their stored coal ash as is imported into the Commonwealth each year, on a pro rata basis. The bill directs the Department of Environmental Quality (DEQ) and the State Water Control Board (the Board) to include in any permit authorizing the storage of coal ash a requirement that the utility treat an amount of its coal ash equal to its share of the total amount of coal ash in Virginia multiplied by the amount of ash that is imported that year for use in concrete or other products. The bill authorizes each utility to recover its treatment costs from its ratepayers while requiring the utility to make an effort to sell the treated coal ash. Finally, the bill directs the Department of Transportation to enter into a memorandum of understanding with DEQ as required to permit the transportation and treatment of coal ash.

A BILL to amend the Code of Virginia by adding a section numbered 10.1-1402.03, relating to coal ash; treatment by utilities.

17102837D

S.B. 1398 Coal combustion residuals unit; closure permit, assessments required.

Patron: Surovell

Coal combustion residuals unit; closure permit; assessments required. Prohibits the Director of the Department of Environmental Quality (DEQ) from issuing a draft permit for the closure of a coal combustion residuals unit (CCR unit) until he has reviewed an assessment of closure options prepared by the owner or operator of the CCR unit. The bill requires the owner or operator to identify water pollution and address corrective measures to resolve it, evaluate the clean closure of the CCR unit by recycling the ash for use in cement or moving it to a landfill, and demonstrate the long-term safety of the CCR unit and its ability to keep ash out of wetlands and other sensitive areas. The bill requires the owner or operator of each CCR unit to transmit the required assessments to DEQ and the Department of Conservation and Recreation and to identify a CCR unit that would be a suitable site for an ash processing facility. The Director of DEQ is required to receive comments on the assessments.

A BILL to amend the Code of Virginia by adding in Article 2.1 of Chapter 14 of Title 10.1 a section numbered 10.1-1413.3, relating to coal combustion residuals unit; closure permit; evaluation.

17103805D

S.B. 1399 Coal combustion by-product impoundments; closure requirements.

Patron: Surovell

Coal combustion by-product impoundments; closure requirements. Directs the Department of Environmental Quality to require the closure of surface impoundments of coal combustion by-products, commonly called coal ash ponds, by July 1, 2021. The bill applies to impoundments that managed such by-products from the generation of electricity by an electric utility or independent power producer prior to December 22, 2016, including those impoundments that, prior to December 22, 2016, have been closed by capping in place or have received Department approval for closure by capping in place. The bill requires that the coal combustion by-products be removed for disposal in a permitted landfill meeting federal criteria and that the impoundment site be reclaimed in a manner consistent with federal mine reclamation standards for the closure to be deemed complete. The bill allows an investor-owned public electric utility to recover the costs of closure from customers.

A BILL to amend the Code of Virginia by adding in Article 2.1 of Chapter 14 of Title 10.1 a section numbered 10.1-1413.3, relating to coal combustion by-product impoundments; closure requirements.

17102821D

S.B. 1471 Virginia Alternative Energy and Coastal Protection Act; established, report.

Patron: Locke

Virginia Alternative Energy and Coastal Protection Act. Requires the Governor to seek to join the Regional Greenhouse Gas Initiative or other carbon trading program with an open auction of carbon allowances. The Department of Environmental Quality is directed to establish a carbon dioxide cap and trade program to reduce emissions released by electric generation stations. The revenues from the sale of carbon allowances are to be deposited in the Virginia Shoreline Resiliency Fund, a revolving fund established in 2016 for the purposes of mitigating future flood damage and creating a low-interest loan program to help residents and businesses that are subject to recurrent flooding.

A BILL to establish a statewide funding source to affected localities for flood resilience by joining the Regional Greenhouse Gas Initiative; Virginia Alternative Energy and Coastal Protection Act.

17104118D

S.B. 1529 Aquaculture; protection of use in an agricultural zone.

Patron: Vogel

Zoning; aquaculture in agricultural zone; preexisting use. Provides that any aquaculture use that was established on property that was zoned as an agricultural district at the time, but later was rezoned to disallow agriculture, is a valid nonconforming use of the property. The bill also amends a 2014 Act of Assembly that expanded the definition of agricultural products to provide that the act was declaratory of existing law.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2307.2 and to amend Chapter 435 of the Acts of Assembly of 2014 by adding a third enactment, relating to zoning; aquaculture in agricultural zone.

17104047D