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2022 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chair: J. Chapman Petersen

Clerk: Sean Sukol, Warda Asif
Staff: Lisa Wallmeyer
Date of Meeting: February 1, 2022
Time and Place: 30 min. post-adjourn/Senate Room A. Register to speak at GA site:
http://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

H.B. 828

Patron: Wilt

Dairy Producer Margin Coverage Premium Assistance Program; emergency. Expands eligibility for participation in the Dairy Producer Margin Coverage Premium Assistance Program to include dairy producers who have an approved Natural Resource Conservation Service nutrient management or soil health plan developed by an approved planner. The bill also changes the application deadline from February 1 to May 15 each year and includes an emergency clause.

A BILL to amend and reenact § 3.2-3305 of the Code of Virginia, relating to Dairy Producer Margin Coverage Premium Assistance Program; emergency.

22102586D

EMERGENCY

S.B. 28

Patron: Marsden

Economic development; Virginia Business Ready Sites Program Fund created. Establishes the Virginia Business Ready Sites Program Fund (the Fund). The Fund would be administered by the Governor and the Virginia Economic Development Partnership Authority and would provide grants to political subdivisions to prepare sites for industrial or commercial development. The bill repeals existing law that created the Major Employment and Investment Project Site Planning Grant Fund and provides that any remaining funds would be allocated to the Fund. The bill also authorizes grants from the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund for site remediation and requires the prioritization of sites with potential for redevelopment and economic benefits to the surrounding community.

A BILL to amend and reenact § 10.1-1237 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 2.2-2240.2:1, and to repeal § 2.2-2240.2 of the Code of Virginia, relating to economic development; Virginia Business Ready Sites Program Fund created.

22100242D

S.B. 146

Patron: Suetterlein

Prepared foods; certified food protection managers. Provides that an establishment that sells prepared food shall not be required to have a certified food protection manager on site during all hours of operation.

A BILL to amend the Code of Virginia by adding a section numbered 3.2-5116.1, relating to prepared foods; certified food protection manager.

22100724D

S.B. 398

Patron: McDougle

Regional Greenhouse Gas Initiative; preexisting contracts. Establishes a reserve account for the purchase of Regional Green House Gas Initiative (RGGI) allowances by an entity that has a preexisting contractual arrangement related to a power purchase entered into on or before May 16, 2017, and continuing in effect on July 1, 2020, through December 31, 2025. Such entity is authorized under the bill to purchase RGGI credits at a discounted rate, subject to conditions set forth in the bill, if, because of the preexisting contractual arrangement, the entity is unable to pass through or recover its RGGI costs.

A BILL to amend and reenact §§ 10.1-1329 and 10.1-1330 of the Code of Virginia, relating to the Regional Greenhouse Gas Initiative; preexisting contracts.

22101370D

S.B. 482

Patron: McClellan

Consultation with federally recognized Tribal Nations; permits and reviews with potential impacts on environmental, cultural, and historic resources. Requires the Department of Conservation and Recreation, the Department of Environmental Quality, the Department of Historic Resources, and the Virginia Marine Resources Commission to establish policies and procedures for consulting with federally recognized Tribal Nations in the Commonwealth when evaluating certain permits and reviews with potential impacts on environmental, cultural, or historic resources or that would have tribal implications, as defined in the bill. The bill directs the Secretary of the Commonwealth to designate an Ombudsman for Tribal Consultation to facilitate communication and consultation with Tribal Nations. The bill codifies Executive Order 82 (2021).

A BILL to amend and reenact §§ 2.2-401.01, 5.1-7, 10.1-1003, 10.1-1188, 10.1-2206.1, 10.1-2214, 10.1-2305, 56-46.1, and 62.1-266 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 10.1-104.02, 10.1-1186.3:1, 10.1-2205.1, and 28.2-104.01, relating to consultation with federally recognized Tribal Nations; permits and reviews with potential impacts on environmental, cultural, and historic resources.

22104201D

S.B. 489

Patron: McClellan

Water quality funds; localities in fiscal stress. Directs that, to the maximum extent practicable, at least 25 percent of the grant agreements entered into by the Department of Conservation and Recreation, at least 25 percent by the Department of Environmental Quality from the Water Quality Improvement Fund, and at least 25 percent of the grants from the Stormwater Local Assistance Fund be for projects in localities with high or above average fiscal stress.

A BILL to amend and reenact §§ 10.1-2128 and 62.1-44.15:29.1, as it shall become effective, of the Code of Virginia, relating to water quality funds; localities in fiscal stress.

22103114D

S.B. 508

Patron: Lewis

Soil and Water Conservation Board; Virginia Community Preparedness Fund. Shifts administration of the Virginia Community Preparedness Fund from the Department of Conservation and Recreation to the Soil and Water Conservation Board. The bill also expands the membership of the Board from nine to 12 members, with the General Assembly making the three additional appointments from flood-prone communities.

A BILL to amend and reenact §§ 10.1-502, 10.1-505, 10.1-603.24, and 10.1-603.25 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1.3 of Chapter 6 of Title 10.1 a section numbered 10.1-603.28, relating to Water and Soil Conservation Board; Virginia Community Preparedness Fund.

22103975D

S.B. 532

Patron: Stuart

Clean Energy and Community Flood Preparedness Act. Repeals the Clean Energy and Community Flood Preparedness Act and directs the Director of the Department of Environmental Quality to take all steps necessary to suspend the Commonwealth's participation in the Regional Greenhouse Gas Initiative market-based trading program.

A BILL to amend and reenact §§ 10.1-603.25 and 45.2-1701.1 of the Code of Virginia and to repeal Article 4 (§§ 10.1-1329, 10.1-1330, and 10.1-1331) of Chapter 13 of Title 10.1  of the Code of Virginia, relating to repeal of the Clean Energy and Community Flood Preparedness Act.

22101996D

S.B. 565

Patron: Surovell


Natural gas, biogas, and other gas sources of energy; definitions; energy conservation and efficiency; Steps to Advance Virginia's Energy Plan; biogas supply infrastructure projects. Permits natural gas utilities to include in their fuel portfolios, submitted to the State Corporation Commission to monitor fuel prices and purchases, supplemental or substitute forms of gas sources, defined in the bill, that meet certain standards and that reduce emissions intensity. The bill amends provisions of the Code related to conservation and energy efficiency programs, removes certain cost-effectiveness requirements for conservation and energy efficiency programs, and adds appliance rebates to the types of programs the Commission may consider. The bill expands conservation and ratemaking efficiency provisions of the Code that currently apply to natural gas consumption specifically to instead apply generally to energy consumption. The bill also removes calculation requirements for how the Commission should grant cost recovery of performance-based incentives for delivering conservation and energy efficiency benefits that are included in the utility's purchased gas adjustment mechanism.

The bill introduces enhanced leak detection and repair programs, defined in the bill, as a type of eligible infrastructure replacement for a natural gas utility facility. Costs of detecting and repairing leaks may be added to a natural gas utility's plan to identify proposed eligible infrastructure replacement projects and related cost recovery mechanisms, known as the utility's Steps to Advance Virginia's Energy (SAVE) Plan.

The bill adds provisions to the Code related to biogas supply infrastructure projects. Eligible infrastructure costs for these projects include (i) the investment in eligible biogas supply infrastructure projects, (ii) the return on the investment, (iii) a revenue conversion factor, (iv) operating and maintenance expenses, (v) depreciation, (vi) property tax and other taxes or government fees, and (vii) carrying costs on the over-recovery or under-recovery of the eligible biogas supply infrastructure costs. Under the bill, natural gas utilities can recover these eligible infrastructure costs on an ongoing basis through the gas component of the utility's rate structure or other recovery mechanism approved by the Commission. The plan submitted by the utility may include an option to receive the biogas or sell the biogas at market prices. The timeline for the Commission to approve such plan is included in the bill. The bill further states that a natural gas utility with an approved biogas supply infrastructure plan must file a report of the investments made, the eligible infrastructure costs incurred and the amount of such costs recovered, the volume of biogas delivered to customers or sold to third parties during the 12-month reporting period, and an analysis of the price of biogas delivered to customers and the market cost of biogas during the reporting period.

 

A BILL to amend and reenact §§ 56-248.1, 56-265.1, and 56-600 through 56-604 of the Code of Virginia and to amend the Code of Virginia by adding in Title 56 a chapter numbered 30, consisting of a section numbered 56-625, relating to natural gas, biogas, and other gas sources of energy; definitions; energy conservation and efficiency; Steps to Advance Virginia's Energy Plan; biogas supply infrastructure projects.

22102111D

S.B. 569

Patron: Kiggans

Coastal Virginia Resiliency Authority; established. Establishes the Coastal Virginia Resiliency Authority (the Authority) as a body politic and corporate, a political subdivision of the Commonwealth. The bill provides that the Authority shall be governed by a 17 member Board of Directors as follows: (i) the Secretary of Natural and Historic Resources or his designee; (ii) the Secretary of Transportation or his designee; (iii) the Chair of the Senate Committee on Agriculture, Conservation and Natural Resources or his designee; (iv) the Chair of the House Committee on Agriculture, Chesapeake and Natural Resources or his designee; (v) two members of the Senate appointed by the Senate Committee on Rules; (vi) two members of the House of Delegates appointed by the Speaker of the House; (vii) an Officer, defined in the bill, from the each of the Hampton Roads, Crater, Richmond Region, Middle Peninsula, Northern Neck, and Accomack-Northampton Planning District Commissions selected by the Governor; and (viii) three nonlegislative members who reside in the Hampton Roads, Crater, Richmond Region, Middle Peninsula, Northern Neck, or Accomack-Northampton Planning District Commissions appointed by the Joint Rules Committee. Certain portions of the bill have a delayed effective date of January 1, 2023.

A BILL to amend and reenact § 10.1-603.25 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 22 of Title 2.2 an article numbered 13, consisting of sections numbered 2.2-2377 through 2.2-2387, relating to Coastal Virginia Resiliency Authority; established.

22103952D

S.B. 678

Patron: Stuart

Definition of agricultural operation. Amends the definition of "agricultural operation" to including the housing of livestock.

A BILL to amend and reenact § 3.2-300 of the Code of Virginia, relating to definition of agricultural operation.

22104182D

S.B. 684

Patron: Mason

Certified pollution control equipment; certification by subdivisions. Provides that for pollution control equipment to be used as part of a political subdivision's water, wastewater, stormwater, or solid waste management facilities or systems, such equipment may be certified by the political subdivision itself instead of by the state certifying authority.

A BILL to amend and reenact §§ 58.1-609.3 and 58.1-3660 of the Code of Virginia, relating to certified pollution control equipment; certification by subdivisions.

22103538D

S.B. 695

Patron: Stuart

State Air Pollution Control Board; regulations; low-emissions and zero-emissions vehicle standards. Repeals the State Air Pollution Control Board's authority to implement low-emissions and zero-emissions vehicle standards for vehicles with a model year of 2025 and later.

A BILL to amend and reenact § 10.1-1307 of the Code of Virginia, and to repeal § 10.1-1307.05 of the Code of Virginia, relating to State Air Pollution and Control Board; regulations; low-emissions and zero-emissions vehicle standards.

22103364D

S.B. 707

Patron: Marsden

Wildlife Corridor Grant Fund; established. Establishes the Wildlife Corridor Grant Fund to provide grants to localities to develop wildlife corridor plans and implement the provisions of such plans.

A BILL to amend the Code of Virginia by adding in Article 8 of Chapter 5 of Title 29.1 a section numbered 29.1-580, relating to Wildlife Corridor Grant Fund; established.

22104347D

S.B. 726

Patron: Pillion

Slaughter and meat-processing facilities. Establishes that it is the policy of the General Assembly to encourage, expand, and develop slaughter and meat-processing facilities through strategic planning and financial incentive programs. The bill directs the Department of Agriculture and Consumer Services to develop a five-year strategic plan to increase total combined throughput capacity of slaughter and meat-processing facilities.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 3.2 a section numbered 3.2-108.2, relating to slaughter and meat-processing facilities.

22103557D

S.B. 756

Patron: Lewis

Resilient Virginia Revolving Loan Fund. Creates the Resilient Virginia Revolving Loan Fund. The bill provides guidelines for deposits, expenditures, and investments and requires an annual audit of the Virginia Resources Authority. The bill provides that the Fund be used for loans or to refinance projects for local governments or to give grants to them, provides that the Fund may be used for loans or grants for individuals, and establishes guidelines for the priority of such loans and grants.

A BILL to amend the Code of Virginia by adding in Chapter 6 of Title 10.1 an article numbered 1.4, consisting of sections numbered 10.1-603.28 through 10.1-603.40, relating to Resilient Virginia Revolving Loan Fund.

22104328D

S.B. 773

Patron: Cosgrove

Oyster lease holders; response to wetlands board or Commission. Provides that failure of an oyster lease holder to respond to a wetlands board or Virginia Marine Resource Commission request regarding an application within 30 days of receipt of such request shall be deemed to be consent to the application.

A BILL to amend the Code of Virginia by adding a section numbered 28.2-1309.1, relating to oyster lease holders; response to wetlands board or Commission.

22104676D