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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 18, 2018
Time and Place: 1/2 Hour After Adj. Senate Room A, Pocahontas Building

S.B. 175 Dogs or cats; public animal shelters required to notify intent to euthanize.

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. 217 Sale of dog or cat not obtained from releasing agency or animal rescue; prohibition.

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. 265 Coastal Protection and Flooding Adaptation, Secretary of; created.

Patron: Lewis

Secretary of Coastal Protection and Flooding Adaptation. Creates the executive branch position of Secretary of Coastal Protection and Flooding Adaptation (the Secretary). The Secretary shall be responsible for consolidating into a single office the resources for protection against coastal flooding threats and flooding adaptation. The Secretary also shall be the lead in developing and in providing direction and ensuring accountability for a statewide coastal flooding adaptation strategy. The bill requires the Secretary, in cooperation with the Secretary of Natural Resources, to identify sources of funding for implementation of strategies for coastal protection and flooding adaptation.

A BILL to amend and reenact § 2.2-200 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 2 of Title 2.2 an article numbered 2.2, consisting of a section numbered 2.2-203.4, relating to the creation of the Secretary for Coastal Protection and Flooding Adaptation.

18101723D

S.B. 375 Hunting with the assistance of dogs; Sunday hunting; exceptions.

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. 499 Agriculture easements; validity; termination.

Patron: Carrico

Agriculture easements; validity; termination. Prohibits a restriction imposed by a conservation easement from being enforced against any occupied single-family dwelling structure, including any outbuilding, shed, barn, garage, or driveway, or the land lying immediately underneath any such structure, for the purposes of additions, repairs, or sale. The bill authorizes the owner of an interest in real property burdened by the easement to terminate such easement in the event of financial hardship. Such owner shall be liable to the Department of Taxation for the full amount of any land preservation tax credits claimed or transferred by the owner that are related to the easement and shall pay any legal fees associated with the termination of the easement. Until such payments are made, such conservation easement shall be considered perpetual in duration unless otherwise provided in the instrument creating it.

A BILL to amend and reenact § 10.1-1010 of the Code of Virginia and 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 Article 20.1 of Chapter 3 of Title 58.1 a section numbered 58.1-514, relating to agriculture easements; validity; termination.

18101699D

S.B. 552 Crab pots and peeler pots; marine-biodegradable escape panels; penalty.

Patron: Mason

Crab pots and peeler pots; marine-biodegradable escape panels; penalty. Requires any crab pot sold in the Commonwealth and any peeler pot regulated by the Marine Resources Commission (the Commission), or used or sold in the Commonwealth, beginning January 1, 2019, to have two marine-biodegradable escape panels, defined in the bill, on different sidewalls of the upper chamber of the crab pot or peeler pot, as applicable. The bill requires that beginning July 1, 2020, any crab pot regulated by the Commission, or used or sold in the Commonwealth, have two such panels. The bill makes a violation of such provisions a Class 3 misdemeanor.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 7 of Title 28.2 a section numbered 28.2-701.1, relating to crab pots and peeler pots; marine-biodegradable escape panels; penalty.

18102504D

S.B. 567 Agricultural operations; nuisance.

Patron: Obenshain

Agricultural operations; nuisance. Requires agricultural operations to be in substantial compliance, defined in the bill, with applicable laws, regulations, and best management practices in order to be exempt from becoming a public or private nuisance. The bill prohibits a person from bringing a nuisance action against any agricultural operation the existence of which was known or reasonably knowable when that person's use or occupancy of his property began. The bill also prohibits anyone other than a person with an ownership interest in the affected property from bringing an action for private nuisance and sets out certain limitations on recovery for compensatory damages.

A BILL to amend and reenact § 3.2-302 of the Code of Virginia, relating to agricultural operations; nuisance.

18102062D

S.B. 571 Releasing agencies; notice of dangerous animal; civil penalty.

Patron: DeSteph

Releasing agencies; notice of dangerous animal; civil penalty. Requires a representative of a releasing agency, animal control officer, law-enforcement officer, or humane investigator, upon taking custody of any companion animal from a person in the course of his official duties, to obtain a signed statement from such person indicating whether, if known, the companion animal has bitten a person or other animal and the circumstances and date of such bite. The bill requires any representative of a releasing agency, animal control officer, law-enforcement officer, or humane investigator, upon release of a companion animal for (i) adoption, (ii) return to a rightful owner, or (iii) transfer to another agency, to disclose, if known, that a companion animal has bitten a person or other animal and the circumstances and date of such bite. Willful failure to disclose such information is punishable by a civil penalty not to exceed $1,000. The bill makes technical amendments with regard to use of the definition of "releasing agency."

A BILL to amend and reenact § 3.2-6557 of the Code of Virginia, relating to releasing agencies; notice of dangerous animal; civil penalty.

18100873D

S.B. 588 Alcoholic beverage control; annual mixed beverage special events licenses.

Patron: Ebbin

Alcoholic beverage control; annual mixed beverage special events licenses. Allows annual mixed beverage special events licenses to be issued to localities for use at museums or other facilities owned by the locality and used primarily for historic interpretation.

A BILL to amend and reenact § 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; annual mixed beverage special events licenses.

18103717D

S.B. 675 Food establishment inspections; exemptions; yogurt.

Patron: Deeds

Food establishment inspections; exemptions; yogurt. Exempts from inspections by the Commissioner of Agriculture and Consumer Services private homes where the resident processes and prepares yogurt that has an equilibrium pH value of 4.6 or lower, subject to certain conditions.

A BILL to amend and reenact § 3.2-5130 of the Code of Virginia, relating to food establishment inspections; exemptions; yogurt.

18100399D

S.B. 693 Virginia Waterway Maintenance Fund and Grant Program; established.

Patron: Lewis

Virginia Waterway Maintenance Fund; Grant Program. Establishes the Virginia Waterway Maintenance Grant Program and Fund, administered by the Virginia Port Authority (the Authority), to provide grants, from funds transferred to the Fund from Commonwealth Port Fund, to local governing bodies that propose certain dredging projects and related activities. The bill directs the Authority to manage the Grant Program by developing guidelines and procedures for the application process and for the awarding of annual grants.

A BILL to amend the Code of Virginia by adding sections numbered 62.1-132.3:3 and 62.1-132.3:4, relating to Virginia Waterway Maintenance Fund; grant program.

18102798D

S.B. 696 Va. Alternative Energy & Coastal Protection Act; regulations to establish carbon dioxide cap, etc.

Patron: Lewis

Virginia Alternative Energy and Coastal Protection Act. Directs the State Air Pollution Control Board to adopt regulations establishing a carbon dioxide cap and trade program to reduce emissions released by electric generation facilities. The regulations are required to comply with the Regional Greenhouse Gas Initiative model rule. The measure authorizes the Director of the Department of Environmental Quality to establish, implement, and manage an auction program to sell allowances into a market-based trading program. The measure requires revenues from the sale of carbon allowances, to the extent permitted by Article X, Section 7 of the Constitution of Virginia, to be deposited in an interest-bearing account and to be distributed without further appropriation (i) to the Virginia Shoreline Resiliency Fund, (ii) to the VirginiaSAVES program, (iii) for certain programs in Southwest Virginia, and (iv) for administrative expenses.

A BILL to establish a carbon dioxide cap and trade program; authorization to establish an auction allowance program consistent with the Regional Greenhouse Gas Initiative Memorandum of Understanding; deposit and distribution of proceeds of allowance auctions; Virginia Alternative Energy and Coastal Protection Act.

18103832D

S.B. 729 Cruelty to animals; aggravated cruelty; penalty.

Patron: DeSteph

Cruelty to animals; aggravated cruelty; penalty. Provides that a person who commits an act of aggravated cruelty on a companion animal is guilty of a Class 6 felony. The bill defines "aggravated cruelty" and "torture." The bill increases from a Class 1 misdemeanor to a Class 6 felony the penalty for torturing, killing, or willfully inflicting inhumane injury or pain to a dog or cat. Current law requires that the dog or cat die as a direct result of the torture or cruelty before the violation is a Class 6 felony.

A BILL to amend and reenact §§ 3.2-6500, 3.2-6569, 3.2-6570, and 18.2-403.2 of the Code of Virginia, relating to cruelty to animals, aggravated cruelty; penalty.

18100183D

S.B. 741 Stormwater management; termination of general permit; notice.

Patron: Ruff

Stormwater management; termination of general permit; notice. Requires a Virginia Stormwater Management Program Authority (VSMP authority) to advise the Department of Environmental Quality to terminate coverage under a General Permit for Discharges of Stormwater from Construction Activities within 60 days of receiving a complete notice of termination from the operator of the construction activity. The bill (i) provides that such permit coverage shall be deemed terminated 90 days after the receipt by the VSMP authority of a complete notice of termination and (ii) requires any VSMP authority receiving incomplete notice to inform the operator within a reasonable time and provide a detailed list of the missing elements.

A BILL to amend the Code of Virginia by adding a section numbered 62.1-44.15:26.1, relating to stormwater management; termination of general permit; notice.

18102671D