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2018 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chairman: Richard H. Stuart

Clerk: Chad Starzer
Staff: Scott Meacham, David Barry
Date of Meeting: January 11, 2018
Time and Place: 30 Min after adj. Senate Committee Room Pocahontas Building

S.B. 28

Patron: Stanley

Medical research on dogs and cats; prohibition on use of state funds; civil penalty. Prohibits appropriating or expending state funds for or to any organization, whether public or private, to carry out any medically unnecessary scientific or medical research that causes significant pain or distress to a dog or cat. The bill defines "significant pain or distress" to include any procedure or condition classified under pain and distress category E by the Department of Agriculture. In addition to any other applicable penalty, any person violating the prohibition on expending state funds for such research will be liable for a civil penalty not to exceed $50,000 per incident.

A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 5.4, consisting of sections numbered 32.1-162.32 and 32.1-162.33, relating to medical research on dogs and cats; prohibition on use of state funds; civil penalty.

18100502D

S.B. 32

Patron: Stanley

Animal Cruelty Conviction List established. Requires the Superintendent of State Police to establish and maintain by 2020 an Animal Cruelty Conviction List that shall be available to the public on the website of the Department of State Police. The list shall include the names of persons convicted of certain felony animal cruelty offenses on or after July 1, 2018. The bill requires persons convicted of any such offense to pay a fee of $50 per conviction to fund the maintenance of the list. The bill requires the State Police to remove a person from the list 15 years after his information is listed if he has no additional felony conviction of a relevant animal cruelty offense.

A BILL to amend the Code of Virginia by adding in Article 9 of Chapter 65 of Title 3.2 a section numbered 3.2-6573.1, relating to the establishment of an animal cruelty conviction list.

18101119D

S.B. 81

Patron: Hanger

Landowner liability; educational activity. Provides that a landowner whose property is used for an educational activity shall owe no duty of care to a member of the public arising out of the educational use of the land. Current law provides such an exemption for recreational activities and certain other uses of land.

A BILL to amend and reenact § 29.1-509 of the Code of Virginia, relating to landowner liability; educational activities.

18100094D

S.B. 175

Patron: Stanley

Public animal shelters; dogs and cats; euthanasia notice. Requires a public animal shelter to wait three days before euthanizing a dog or cat when a person has notified the shelter of his intent to adopt or take custody of the particular animal. The shelter must make reasonable efforts to accomplish the release of the dog or cat but is not required to hold the animal if it has reason to believe that the animal has seriously injured a human or the animal meets certain other specified conditions for euthanasia.

A BILL to amend and reenact § 3.2-6546 of the Code of Virginia, relating to public animal shelter; notice of intent to euthanize dog or cat.

18101283D

S.B. 212

Patron: Stuart

Animal Cruelty Conviction List established. Requires the Superintendent of State Police to establish and maintain by 2020 an Animal Cruelty Conviction List that shall be available to the public on the website of the Department of State Police. The list shall include the names of persons convicted of certain felony animal cruelty offenses on or after July 1, 2018. The bill requires persons convicted of any such offense to pay a fee of $50 per conviction to fund the maintenance of the list. The bill requires the State Police to remove a person from the list 15 years after his information is listed if he has no additional felony conviction of a relevant animal cruelty offense.

A BILL to amend the Code of Virginia by adding in Article 9 of Chapter 65 of Title 3.2 a section numbered 3.2-6573.1, relating to the establishment of an animal cruelty conviction list.

18100959D

S.B. 214

Patron: Cosgrove

Purse net fishing prohibited; civil penalty. Prohibits fishing for menhaden with purse nets (i) at certain times within three miles of the shoreline of Virginia Beach extending to the North Carolina border and (ii) at any time in the Chesapeake Bay and its tributaries within one mile of the mean low water mark. The bill authorizes the Marine Resources Commission to assess a civil penalty of up to $10,000 for each violation, with penalties collected to be deposited into the Virginia Marine Products Fund.

A BILL to amend and reenact § 28.2-409 of the Code of Virginia, relating to prohibiting fishing with purse nets in certain waters; civil penalty.

18102018D

S.B. 217

Patron: Lewis

Sale of dog or cat not obtained from releasing agency or animal rescue; prohibition. Authorizes localities to adopt ordinances prohibiting the sale in a pet shop of any dog or cat that was not obtained from a Virginia releasing agency or a nonprofit animal rescue organization. The bill provides that a violation of the ordinance shall be a Class 1 misdemeanor.

A BILL to amend and reenact § 3.2-6545 of the Code of Virginia, relating to pet shops; local ordinance; animal not obtained from shelter.

18103101D

S.B. 218

Patron: Lewis

Recycling; beneficial use; crushed glass. Defines "beneficial use," "beneficiation facility," and "recycling center" and provides that a beneficiation facility or recycling center shall be considered a manufacturer for the purpose of any state or local economic development incentive grant. The bill directs the Department of Environmental Quality (the Department) to encourage and support beneficial use; current law requires the Department to encourage and support litter control and recycling. The bill also directs the Department to provide to the General Assembly by November 1, 2019, an evaluation of Virginia's solid waste recycling rates and a set of recommendations for improving the reliability of the supply of recycled materials during the next 10 years in order to provide for beneficial use.

A BILL to amend and reenact §§ 10.1-1414, 10.1-1415, and 10.1-1422 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 10.1-1422.06, relating to recycling; beneficial use.

18103185D

S.B. 247

Patron: Dance

Industrial hemp research programs. Authorizes the Commissioner of Agriculture and Consumer Services to undertake research through the establishment of (i) a higher education industrial hemp research program, to be managed by institutions of higher education, and (ii) a Virginia industrial hemp research program. The bill classifies all participants in any research program as either growers or processors and replaces the current licensing requirement, which requires a police background check, with a registration requirement.

A BILL to amend and reenact §§ 3.2-4112 through 3.2-4119 and 54.1-3401, as it is currently effective and as it shall become effective, of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 3.2-4114.1 and 3.2-4114.2; and to repeal § 3.2-4120 of the Code of Virginia, relating to industrial hemp; research.

18101495D

S.B. 333

Patron: Peake

Industrial hemp production; authorization. Removes all restrictions on the production of industrial hemp, including licensing and regulations.

A BILL to amend and reenact §§ 3.2-4112, 3.2-4113, 3.2-4114, 3.2-4119, 3.2-4120, and 54.1-3401, as it is currently effective and as it shall become effective, of the Code of Virginia, and to repeal §§ 3.2-4115 through 3.2-4118 of the Code of Virginia, relating to industrial hemp production.

18100643D

S.B. 340

Patron: Peake

Virginia Water Quality Improvement Fund; publicly owned treatment works; nutrient reduction. Requires the Director of the Department of Environmental Quality to prioritize cost effective technologies to reduce nutrient loads of total phosphorus, total nitrogen, or nitrogen-containing ammonia over other water quality improvement methods in distributing grants from the Virginia Water Quality Improvement Fund subsequent to satisfaction of nutrient reductions of regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan. The bill places certain limitations on grants for technologies to reduce nitrogen-containing ammonia. The bill also requires the Department of Environmental Quality to prepare a preliminary estimate of the amount and timing of Water Quality Improvement Grants required to fund projects to reduce loads of nitrogen-containing ammonia at certain levels based on an estimate of the anticipated range of costs for all publicly owned treatment works if the State Water Control Board were to adopt the 2013 Aquatic Life Ambient Water Quality Criteria for Ammonia published by the U.S. Environmental Protection Agency.

A BILL to amend and reenact § 10.1-2131 of the Code of Virginia, relating to the Virginia Water Quality Improvement Fund; publicly owned treatment works; nutrient reduction.

18103170D

S.B. 344

Patron: Peake

Sewerage systems; state adoption of federal criteria; ammonia. Directs the State Water Control Board not to adopt certain U.S. Environmental Protection Agency (EPA) freshwater ammonia water quality criteria (the Criteria) until all other states in EPA Regions III and IV have done so, unless the EPA Administrator informs the Commonwealth in writing that such timing is unlawful under the federal Clean Water Act. The bill also directs the Department of Environmental Quality to (i) identify any other states that have adopted the Criteria as of July 1, 2018; (ii) identify those procedures for the implementation of the Criteria that will minimize the impact of such implementation on Virginia sewerage systems while complying with the Clean Water Act; and (iii) report its findings to the Chairmen of the Senate Committee on Agriculture, Conservation and Natural Resources, the House Committee on Agriculture, Chesapeake and Natural Resources, the Senate Finance Committee, and the House Appropriations Committee by November 1, 2018.

A BILL to amend and reenact § 62.1-44.15:1 of the Code of Virginia, relating to sewerage systems; state adoption of federal criteria.

18103158D

S.B. 374

Patron: Chafin

Cattle Industry Board; assessment from sale of cattle. Renames the Beef Industry Council as the Cattle Industry Board (the Board) and renames the Virginia Beef Industry Fund as the Virginia Cattle Industry Fund (the Fund). The bill simplifies the definition of the term "cattle," reduces the size of the Board from 15 to seven members, and allows the Board to elect officers who are not members of the Board. The bill increases the amount of the assessment from the sale of cattle from $0.25 per head to $1 per head; the assessment continues to be deposited in the Fund to support Board activities. The bill allows producers who are dissatisfied with the assessment and the Board's use of it to receive a refund. Finally, the bill distinguishes the National Beef Checkoff from the assessment-supported Fund.

A BILL to amend and reenact §§ 3.2-1100, 3.2-1300, 3.2-1301, 3.2-1304, 3.2-1305, and 3.2-1306 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 3.2-1302.1, and to repeal § 3.2-1302 of the Code of Virginia, relating to the Cattle Industry Board.

18102242D

S.B. 375

Patron: Chafin

Hunting with the assistance of dogs; Sunday hunting; exceptions. Removes the prohibition on hunting deer or bear with a gun, firearm, or other weapon with the assistance of dogs on Sunday with certain exceptions. The bill retains the prohibition on hunting or killing any wild bird or wild animal, including any nuisance species, with a gun, firearm, or other weapon on Sunday, with certain exceptions. The bill authorizes hunting raccoons on Sunday; current law permits the hunting or killing of raccoons on Sunday only until 2:00 a.m.

A BILL to amend and reenact § 29.1-521 of the Code of Virginia, relating to hunting with the assistance of dogs; Sunday hunting; exceptions.

18102231D

S.B. 414

Patron: McDougle

Micro Market Act; penalty. Provides for the Department of Agriculture and Consumer Services to issue permits for the operation of a micro market, which is defined in the bill as an unattended, self-checkout retail food establishment located in the interior of a building that is accessible to a defined population, such as the employees of a particular employer or occupants of the building in which the micro market is located, and is not accessible to the general public. The bill establishes minimum standards for the operation of a micro market and provides that any person who operates a micro market without the required permit or violates a condition of such permit is guilty of a Class 1 misdemeanor.

A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 51.2, consisting of sections numbered 3.2-5157 through 3.2-5160, relating to the Micro Market Act; penalty.

18104431D

S.B. 450

Patron: Dance

Battlefield property; incorporation into national park; transfer of easement held by Board of Historic Resources. Requires any instrument that creates an easement held by the Board of Historic Resources (the Board) on a battlefield property to include provisions for the transfer of the easement to the United States if the underlying property is incorporated into a national park. The bill directs the Board to transfer such an easement to the United States if it is requested to do so by both the United States and the owner of the underlying property and if such owner makes certain affirmations to the Board regarding the preservation of and public access to the property. The bill also directs the Board to transfer to the United States the easements it holds on nine particular battlefield properties located within the Petersburg National Battlefield and the Richmond National Battlefield Park and to conform the terms of existing Virginia Battlefield Preservation Fund grant agreements to the provisions of the bill.

A BILL to amend the Code of Virginia by adding a section numbered 10.1-2202.5, relating to easements on battlefield properties.

18104461D

S.B. 470

Patron: Reeves

Raising and processing of rabbits for sale; exemption from certain inspections. Prohibits the Board of Agriculture and Consumer Services from requiring that commercially slaughtered or processed rabbits that are offered for sale or service be slaughtered or processed under a voluntary inspection program administered by the Department of Agriculture and Consumer Services (VDACS) or the U.S. Department of Agriculture. Such rabbits shall still be subject to applicable provisions of Chapter 51 (§ 3.2-5100 et seq.) (Food and Drink) of Title 3.2. The bill also directs the State Board of Health to adopt regulations allowing the receipt by restaurants for sale or service of rabbits that are slaughtered or processed in a facility that complies with the relevant VDACS regulations.

A BILL to amend and reenact §§ 3.2-5121 and 35.1-14 of the Code of Virginia, relating to sale of rabbits; regulations.

18101224D