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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 16, 2017
Time and Place: 1/2 hour after Adjournment Senate Room B
HB 1974 removed from docket after action taken on the floor

H.B. 1517 Sandbridge Beach; general permit for sand Subdivision.

Patron: Knight

General permit for sand management. Authorizes the Virginia Beach Wetlands Board to adopt a General Permit for Sand Management and Placement Profiles for properties in the Sandbridge Beach Subdivision of Virginia Beach. The bill requires the General Permit and Placement Profiles to include the permissible cost-effective sand management practices that property owners in the Sandbridge Beach Subdivision shall implement to protect and enhance the value of their property and to protect coastal primary sand dunes and public beaches. Any sand that is to be removed by the owner from his property must be judged to be "clean beach" sand prior to being transferred and placed in a spreading zone location.

A BILL to amend and reenact § 28.2-1408.2 of the Code of Virginia, relating to general permit for sand management in the City of Norfolk and the Sandbridge Beach Subdivision.

17103888D

H.B. 1572 Marine Resources Commission; registration as commercial fisherman; family member or employee.

Patron: Helsel

Marine Resources Commission; registration as commercial fisherman; family member or employee. Directs the Marine Resources Commission to grant a preference for an exception to the two-year delay in the effective date of a registration as a commercial fisherman. The bill requires the preference to benefit a license applicant who is a member of the immediate family or a documented employee of commercial fisherman who is retiring.

A BILL to amend and reenact § 28.2-241 of the Code of Virginia, relating to Marine Resources Commission; registration as commercial fisherman.

17100531D

H.B. 1573 Fishing privileges; revocation of license by MRC.

Patron: Helsel

Marine Resources Commission; licenses; revocation. Provides that when the Marine Resources Commission (the Commission) revokes fishing privileges for a violation of the tidal fisheries law, it shall only revoke the particular type of license that is applicable to the fishery in which the violation occurred. Under current law, the Commission is authorized to revoke all of the fishing privileges a person has been granted, irrespective of the location and type of fish described in the license. The bill also reduces the maximum duration of the license revocation from five years to two years and requires the Commission to accept credit card payment of any civil penalty it assesses for fishing under a revoked license.

A BILL to amend and reenact § 28.2-232 of the Code of Virginia, relating to Marine Resources Commission; licenses; revocation.

17105102D

H.B. 1574 Oysters culling regulation; cargo of oysters shall be scattered on public rocks.

Patron: Helsel

Marine Resources Commission; oysters; culling. Removes the authority of a member of the Virginia Marine Police to require a person charged with violating an oyster culling regulation to scatter the entire cargo of oysters on the public rocks.

A BILL to amend and reenact § 28.2-511 of the Code of Virginia, relating to Marine Resources Commission; oysters; culling.

17105104D

H.B. 1600 Landfills; DEQ, et al., to work towards odor reduction in Campbell County.

Patron: Fariss

Certain sanitary landfills; gas collection and control system. Requires any active sanitary landfill that receives more than 100,000 tons of solid waste per year and is located within one-half mile of any residence or residentially zoned property to install a landfill gas collection and control system by July 1, 2019.

A BILL to direct coordination regarding landfill odor reduction at landfill in Campbell County.

17104800D

H.B. 1679 Well permit applications; disclosure of trade secrets.

Patron: Robinson

Well permit applications; disclosure of trade secrets. Authorizes the Department of Mines, Minerals, and Energy (Department) to require disclosure of chemical ingredient names, chemical abstracts numbers, or the amount or concentration of chemicals or ingredients used to stimulate a well notwithstanding exclusion from mandatory disclosure under the Virginia Freedom of Information Act as a trade secret. The bill authorizes the Director of the Department of Mines, Minerals and Energy (Director) to disclose such information to additional Department staff or state or local officials to assist the Department in responding to an emergency. The bill prohibits such individuals from disseminating such information further. The bill requires the Director to notify the party that submitted the trade secret of disclosure as soon as practicable. The bill prohibits orders issued pursuant to § 45.1-361.27 from including trade secret information.

A BILL to amend and reenact § 45.1-361.29 of the Code of Virginia, relating to well permit applications; disclosure of trade secrets.

17102791D

H.B. 1774 Stormwater management; work group to examine ways to improve.

Patron: Hodges

Stormwater and erosion control; work group; stormwater laws. Directs the Commonwealth Center for Recurrent Flooding Resiliency (the Center) to convene a work group to consider alternative methods of stormwater management in rural Tidewater localities. The bill provides that the group is to be facilitated by the Virginia Coastal Policy Center at William and Mary Law School and is to include representatives of institutions of higher education, state agencies, local governments, private industry, and other groups. The bill provides that the work group is to review and consider the creation of rural development growth areas, the development of a volume credit program, the payment of fees to support regional best management practices, and the allowance of the use of stormwater in highway ditches to generate volume credits. The bill requires the Center to report the results of the work group's examination to the Governor and the Chairmen of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources by January 1, 2018, which is the date the work group provisions of the bill are set to expire. The bill also delays from July 1, 2017, to July 1, 2018, the effective date of new stormwater laws enacted during the 2016 Session of the General Assembly.

 

A BILL to amend and reenact the tenth enactments of Chapters 68 and 758 of the Acts of Assembly of 2016 and to direct the Commonwealth Center for Recurrent Flooding Resiliency to convene a work group relating to stormwater and erosion control; local rural development growth areas; volume credit program; regional stormwater best management practices banks.

17104811D

H.B. 1796 Oyster grounds; dredging projects in Lynnhaven River.

Patron: Stolle

Oyster ground lease; certain dredging projects. Provides that certain oyster ground leaseholders in the Lynnhaven River are subject to the conduct of approved municipal dredging projects to restore existing navigation channels. The bill limits such projects to oyster grounds that are condemned, restricted, or otherwise nonproductive, and it requires the locality to compensate the lessee for the use of the ground. The bill directs that if the parties cannot agree on a compensation amount, a court of competent jurisdiction shall determine the value of the ground. The bill has an expiration date of July 1, 2019.

A BILL to amend and reenact § 28.2-618 of the Code of Virginia, relating to oyster grounds; dredging projects.

17105038D

H.B. 1938 Slingbow hunting; authorizes use to hunt small and big game.

Patron: Edmunds

Slingbow hunting; license. Authorizes the use of a slingbow to hunt deer and small game when a hunter is licensed to hunt with a bow and arrow.

A BILL to amend and reenact §§ 15.2-916, 15.2-1209, 18.2-285, 18.2-286, 29.1-303.3, 29.1-306, 29.1-519, 29.1-521, as it is currently effective and as it shall become effective, 29.1-521.2, 29.1-524, 29.1-525, 29.1-528.1, and 29.1-549 of the Code of Virginia, relating to slingbow hunting; license.

17103783D

H.B. 1939 Hunting apparel; blaze pink.

Patron: Edmunds

Hunting apparel; blaze pink. Allows hunters to wear blaze pink instead of blaze orange hunting apparel when required during firearms deer hunting season or the special season for hunting deer with a muzzle-loading rifle.

A BILL to amend and reenact § 29.1-530.1 of the Code of Virginia, relating to hunting apparel; blaze pink.

17102104D

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 and inspection but not including 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. 2255 Bear hunting; youth resident license.

Patron: Edmunds

Hunting of big game species; licenses. Creates separate licenses to hunt each big game species, as defined by the Department of Game and Inland Fisheries, instead of one license for all big game species.

 A BILL to amend the Code of Virginia by adding a section numbered 29.1-303.2:1, relating to bear hunting; youth resident license.

17105106D

H.B. 2297 Oyster planting grounds; Marine Resources Commission to post.

Patron: Miyares

Marine Resources Commission; oyster planting grounds; notice of application for lease. Requires the Marine Resources Commission (the Commission) to post notice of an application to lease oyster planting grounds for 30 days on its website and to notify by mail any current holders of adjoining leases, and riparian owners within 200 feet of the selected grounds. Current law requires posting of notice at the local courthouse for 60 days. The bill (i) reduces from four weeks to two weeks the period during which the Commission is required to publish weekly notice of the application in a newspaper and (ii) requires all forms of notice to invite written comments. The bill also provides that the applicant shall bear the cost of notice.

A BILL to amend and reenact § 28.2-606 of the Code of Virginia, relating to oyster planting grounds; notice of application.

17102816D

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 Secretary of Commerce and Trade 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

H.B. 2381 Dangerous dogs; clarifies definition, etc.

Patron: Fariss

Dangerous dogs. Removes the requirement that a law-enforcement officer or animal control officer apply for a summons requiring a dog owner to appear before a general district court when the officer has reason to believe that the dog is dangerous. In the case of a dog that has bitten a cat or dog, the bill requires investigation by an officer for certain exemptions from the definition of "dangerous dog" to apply and removes an exemption for good cause as determined by a court. In the case of a dog that has bitten a person, the bill creates an exemption when an investigating officer finds that the injury is minor and allows a court to use good cause as a reason to determine that a dog is not dangerous. The bill also reduces from 45 days to 30 days the period within which (i) an owner of a dog found to be dangerous is required to obtain a dangerous dog registration certificate and (ii) a convicted owner of a dangerous dog is required to comply with certain provisions. The bill contains technical amendments.

A BILL to amend and reenact § 3.2-6540 of the Code of Virginia, relating to dangerous dogs.

17103592D

H.B. 2383 Combined sewer overflow outfalls; DEQ to identify owner of outfall discharging into Chesapeake Bay.

Patron: Lingamfelter

Department of Environmental Quality (DEQ); combined sewer overflow (CSO) outfalls; Chesapeake Bay Watershed. Directs DEQ to identify the owner of any combined sewer overflow outfall that discharges into the Chesapeake Bay 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, 2024, and, until compliance is achieved, to annually report its progress to DEQ. The bill requires DEQ to provide all such reports to certain legislative committees, the Virginia delegation to the Chesapeake Bay Commission, the Secretary of Natural Resources, and the Governor. 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; Chesapeake Bay Watershed.

17103273D