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2021 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chair: J. Chapman Petersen

Clerk: Sean Sukol
Staff: Scott Meacham, David Barry
Date of Meeting: January 19, 2021
Time and Place: 30 min post-adj. SR East at Museum. Register to speak at GA site:
http://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 1115

Patron: Peake

Industrial hemp; increase maximum THC concentration. Increases the maximum tetrahydrocannabinol (THC) concentration in industrial hemp from the maximum allowed by federal law to the maximum allowed by federal law or one percent, whichever is greater. The bill expands the definition of "hemp product" to include raw materials of any part of the plant Cannabis sativa and omits from such definition the requirement that the product be otherwise lawful.

A BILL to amend and reenact §§ 3.2-4112 and 54.1-3401 of the Code of Virginia, relating to industrial hemp; promotion of commerce.

21101447D

S.B. 1143

Patron: Cosgrove

Extension of certain wetlands permits through 2021. Retroactively extends until January 1, 2022, certain wetlands permits set to expire between March 1, 2020, and July 1, 2021.

A BILL to extend certain wetlands permits through 2021.

21101885D

S.B. 1161

Patron: Hanger

Virginia Soil and Water Conservation Board; membership. Clarifies that each of the six nonlegislative citizen members of the Virginia Soil and Water Conservation Board (the Board) who is not an at-large member is to be appointed by the Governor from a list of two qualified nominees submitted for each vacancy by the Board and the Board of Directors of the Virginia Association of Soil and Water Conservation Districts in consultation with other groups. The bill contains technical amendments.

A BILL to amend and reenact § 10.1-502 of the Code of Virginia, relating to Soil and Water Conservation Board; membership.

21100954D

S.B. 1177

Patron: Ruff

Public weighmasters; license. Allows a business entity to apply to the Commissioner of Agriculture and Consumer Services for a license that allows qualified individuals working for or on behalf of the entity to act as licensed public weighmasters.

A BILL to amend and reenact § 3.2-5802 of the Code of Virginia, relating to public weighmasters; license.

21101884D

S.B. 1188

Patron: Hashmi

Virginia Agriculture Food Assistance Program and Fund; established. Requires the Commissioner of Agriculture and Consumer Services (the Commissioner) to establish the Virginia Agriculture Food Assistance Program (VAFA Program) for Virginia farmers and food producers to donate, sell, or otherwise provide agriculture products to charitable food assistance organizations. The bill also creates the Virginia Agriculture Food Assistance Fund to disburse moneys to such charitable food assistance organizations to reimburse farmers or food producers for any costs associated with harvesting, processing, packaging, or transporting agriculture products donated to such charitable food assistance organizations. The bill authorizes the Commissioner to adopt guidelines and regulations to carry out the VAFA Program.

A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 47.1, consisting of sections numbered 3.2-4780 through 3.2-4783, relating to the Virginia Agriculture Food Assistance Program and Fund; established.

21102764D

S.B. 1193

Patron: Obenshain

Dairy Producer Margin Coverage Premium Assistance Program. Directs the Commissioner of Agriculture and Consumer Services to establish and administer the Dairy Producer Margin Coverage Premium Assistance Program (the Program). The bill provides that any dairy producer that has a resource management plan or nutrient management plan and participates in the federal margin coverage program for dairy producers at the tier 1 level as contained in the federal Agriculture Improvement Act of 2018 is eligible to participate in the Program. Under the bill, each year a Program participant will receive a refund of its annual premium payment paid into the federal program.

A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 33.1, consisting of sections numbered 3.2-3304, 3.2-3305, and 3.2-3306, relating to Dairy Producer Margin Coverage Premium Assistance Program.

21101815D

S.B. 1194

Patron: Obenshain

Produce safety; sunset. Removes the sunset date for Chapter 51.1 (§ 3.2-5146 et seq.) of Title 3.2 on produce safety, which was enacted in 2017 and set to expire upon the effective date of the repeal of certain federal regulations or on July 1, 2022, whichever occurs sooner. The chapter will still expire upon the effective date of the repeal of such federal regulations that require the provisions of Chapter 51.1 to exist.

A BILL to amend and reenact the second enactment of Chapter 574 of the Acts of Assembly of 2017, relating to produce safety; sunset.

21102116D

S.B. 1199

Patron: Petersen

Conservation easements; construction. Provides that an easement held pursuant to the Virginia Conservation Easement Act or the Open-Space Land Act be liberally construed in favor of achieving the conservation purposes for which it was created.

A BILL to amend the Code of Virginia by adding in Chapter 10.1 of Title 10.1 a section numbered 10.1-1016.1 and by adding in Chapter 17 of Title 10.1 a section numbered 10.1-1705.1, relating to conservation easements; construction.

21100906D

S.B. 1258

Patron: Marsden

Solar projects; erosion and sediment control. Requires the State Water Control Board to administer a Virginia Erosion and Sediment Control Program (VESCP) on behalf of any locality that notifies the Department of Environmental Quality that it has chosen not to administer a VESCP for any solar photovoltaic (electric energy) project with a rated electrical generation capacity exceeding five megawatts. The provisions of the bill become effective only when an appropriation effectuating funding of one full-time position to carry out the purposes of the bill on behalf of the State Water Control Board is included in a general appropriation act.

A BILL to amend the Code of Virginia by adding a section numbered 62.1-44.15:55.1, relating to solar projects; erosion and sediment control.

21101494D

S.B. 1265

Patron: Deeds

Natural gas pipelines; stop work orders. Authorizes the Department of Environmental Quality to conduct inspections of the land-disturbing activities related to construction of any natural gas transmission pipeline equal to or greater than 24 inches inside diameter. Current law authorizes such inspections only if such inside diameter is greater than 36 inches. The bill also specifies certain instances that may give rise to such inspection and authorizes the Department to issue a stop work order for every work area in Virginia in the event that adverse impacts or likely adverse impacts are found on a repeated, frequent, and widespread basis.

A BILL to amend and reenact §§ 62.1-44.15:37.1 and 62.1-44.15:58.1 of the Code of Virginia, relating to natural gas pipelines; stop work orders.

21101609D

S.B. 1274

Patron: Marsden

Government planning; wildlife corridors. Directs various agencies to consider and incorporate, where applicable, wildlife corridors and any recommendation of the Wildlife Corridor Action Plan. The bill directs the Department of Wildlife Resources to assist state agencies and political subdivisions, and by request any federal agency, in considering and incorporating, where applicable, wildlife corridors and the recommendations of the Plan when developing any governmental strategic plan, map, or action.

A BILL to amend and reenact §§ 10.1-207, 10.1-1105, 29.1-579, and 33.2-353 of the Code of Virginia, relating to government planning; wildlife corridors.

21101399D

S.B. 1280

Patron: Bell

Dams; negotiated settlement agreements. Authorizes the Virginia Soil and Water Conservation Board to enter into a negotiated settlement with the owners of certain impounding structures who have allegedly violated or failed, neglected, or refused to obey any permit condition, provision of the Dam Safety Act, or Board regulation or order. The settlement shall require the dam owner to correct deficiencies at the dam structure and to pay civil charges for past alleged violations instead of any appropriate civil penalty that could be imposed. Such civil charges shall be suspended upon compliance with the settlement agreement.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 6 of Title 10.1 a section numbered 10.1-613.6, relating to dams; negotiated settlement agreements.

21102055D

S.B. 1282

Patron: Morrissey

Greenhouse gas emissions inventory; regulations. Directs the Department of Environmental Quality to conduct a statewide baseline and projection inventory of all greenhouse gas emissions and to update such inventory every four years. The bill requires that the inventory be published and included in the annual report of the State Air Pollution Control Board. The bill also authorizes the Board to adopt regulations, to become effective no later than January 1, 2022, necessary to collect data needed to conduct, update, and maintain the inventory.

A BILL to amend the Code of Virginia by adding a section numbered 10.1-1307.04, relating to greenhouse gas emissions inventory.

21101991D

S.B. 1290

Patron: Mason

ConserveVirginia program; established. Establishes in the Department of Conservation and Recreation a data-driven Geographical Information Systems model to prioritize potential conservation areas across the Commonwealth that would provide quantifiable benefits to the citizens of Virginia, known as ConserveVirginia. Aspects of the program include (i) the synthesis of multiple mapped data inputs, divided into categories, each representing a different overarching conservation value, and periodic revision of such values; (ii) access to the model by the public and all state and federal agencies; and (iii) incorporation of the model into acquisition or grant decisions when appropriate. The bill requires the Virginia Land Conservation Foundation to report on the success of the program and incorporate the program into needs assessments for expenditures from the Virginia Land Conservation Fund.

A BILL to amend and reenact §§ 10.1-1018.1 and 10.1-1021 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 10.1 a section numbered 10.1-104.6:1, relating to ConserveVirginia program; established.

21101901D

S.B. 1291

Patron: Mason

Virginia Water Protection Permit; withdrawal of surface water or ground water; plans for water auditing and leak detection and repair. Requires that any application for a permit to withdraw surface water or ground water include a water auditing plan and a leak detection and repair plan that comply with regulations adopted by the State Water Control Board pursuant to the provisions of the bill. The provisions of the bill shall not become effective until 30 days after the adoption by the Board of such regulations.

A BILL to amend and reenact §§ 62.1-44.15:22 and 62.1-262 of the Code of Virginia, relating to Virginia Water Protection Permit; efficient water use.

21101997D

S.B. 1311

Patron: McClellan

Water quality standards; modification of permits and certifications. Requires the Department of Environmental Quality (the Department) to revise the applicable erosion and sediment control plan or stormwater management plan when a stop work order has been issued for violations related to certain pipelines to ensure compliance with state water quality standards. The bill changes from the Department to the State Water Control Board (the Board) the entity that approves such water quality standards and specifications for certain pipelines. The bill requires an applicant seeking modification or revocation of certain approvals or conditions from another state or federal agency that is likely to result in an adverse impact to state water quality to submit to the Board a copy of the request for such modification or revocation along with certain information.

A BILL to amend and reenact § 62.1-44.15:81 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2.6 of Chapter 3.1 of Title 62.1 a section numbered 62.1-44.15:85, relating to water quality standards; modification of permits and certifications.

21102522D

S.B. 1352

Patron: Lewis

Flood control; Department of Flood Control and Commonwealth Flood Control Board established; report. Creates the 14-member Commonwealth Flood Control Board (the Board) as a policy board in the executive branch of state government with various duties coordinating and implementing existing and new flood control programs and measures in Virginia, including flood control components of other state agency programs. The 10 nonlegislative citizen members of the Board shall be appointed by the Governor to five-year terms, initially staggered as provided in the bill.

The bill creates the Department of Flood Control (the Department) to assist in the administration of the Board's duties and to provide other technical expertise. The bill requires the Department to provide an annual report. Funding for the Department is provided in part by funds collected from the sale of credits pursuant to the RGGI program.

A BILL to amend and reenact §§ 2.2-215, 10.1-603.25, 10.1-659, and 10.1-1330 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 10.1-658.1 through 10.1-658.7, relating to flood control; Department of Flood Control and Commonwealth Flood Control Board established; report.

21101721D

S.B. 1374

Patron: Lewis

Carbon Sequestration Task Force; report. Directs the Secretary of Natural Resources, jointly with the Secretary of Agriculture and Consumer Services, to convene a task force for the purpose of studying carbon sequestration in the Commonwealth and submit a report of its findings before the first day of the 2022 Session of the General Assembly. The bill directs the task force to (i) consider possible methods of increasing carbon sequestration within the natural environment through state land and marine resources use policies; agricultural, aquacultural, and silvicultural practices; and other practices to achieve restoration of natural resources and long term conservation; (ii) recommend short-term and long-term benchmarks for increasing carbon sequestration; (iii) develop a standardized methodology to establish baseline carbon levels and account for increases in carbon sequestration over time; (iv) identify existing carbon markets and considerations relevant to potential participation by the Commonwealth; and (v) identify other potential funding mechanisms to encourage carbon sequestration practices in the Commonwealth.

A BILL to establish the Carbon Sequestration Task Force; report.

21102038D

S.B. 1402

Patron: Pillion

Trout fishing in stocked waters. Equalizes for residents and nonresidents requirements to fish in designated stocked trout waters. The bill requires either such person to possess (i) a regular season state or county fishing license or a trip fishing license valid for at least five days and (ii) a trout license or a special lifetime trout fishing license.

A BILL to amend and reenact § 29.1-311 of the Code of Virginia, relating to trout fishing in stocked waters.

21102080D

S.B. 1404

Patron: Lewis

Stormwater Local Assistance Fund; grant requirements. Authorizes grants from the Stormwater Local Assistance Fund awarded for projects related to Chesapeake Bay total maximum daily load (TMDL) requirements to take into account total phosphorus reductions or total nitrogen reductions. The bill authorizes grants awarded for eligible projects in localities with high or above average fiscal stress as reported by the Commission on Local Government to account for more than 50 percent of the costs of a project.

A BILL to amend and reenact § 62.1-44.15:29.1 of the Code of Virginia, relating to Stormwater Local Assistance Fund; grant requirements.

21102801D

S.B. 1411

Patron: Lucas

Excise tax on peanuts. Extends from July 1, 2021, to July 1, 2026, the sunset date of the excise tax on all peanuts grown in Virginia and reduces from $0.30 per 100 pounds to $0.25 per 100 pounds the excise tax rate. The proceeds from this 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.

21102339D