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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 25, 2018
Time and Place: 1/2 Hour After Adj. Senate Room A, Pocahontas Building

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. 507

Patron: Carrico

Stormwater management regulations; localities outside Chesapeake Bay watershed. Provides that in a locality that is located entirely outside of the Chesapeake Bay watershed, the State Water Control Board and the Department of Environmental Quality shall apply the water quality and water quantity requirements that were in effect prior to July 1, 2014.

A BILL to amend the Code of Virginia by adding a section numbered 62.1-44.15:24.1, relating to stormwater management regulations; localities outside Chesapeake Bay watershed.

18103946D

S.B. 520

Patron: Mason

Nonagricultural irrigation wells prohibited outside surficial aquifer. Prohibits any person from constructing a well in a ground water management area for nonagricultural irrigation purposes except in the surficial aquifer. The bill authorizes the State Water Control Board (the Board) to adopt regulations to develop a general permit for the regulation of irrigation withdrawals from the surficial aquifer greater than 300,000 gallons in any one month. The bill directs the Board to promulgate regulations establishing criteria for determining whether the quantity or quality of the ground water in a surficial aquifer is adequate to meet a proposed beneficial use.

A BILL to amend and reenact §§ 62.1-255, 62.1-262, and 62.1-266 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 62.1-258.1, relating to nonagricultural irrigation wells prohibited outside surficial aquifer.

18101531D

S.B. 576

Patron: Hanger

Stream restoration; standards and specifications. Allows a person engaging in more than one jurisdiction in the creation and operation of a stream restoration project for purposes of reducing nutrients or sediment entering state waters the same opportunity to submit standards and specifications for Department of Environmental Quality approval that describe how land-disturbing activities shall be conducted as an alternative to submitting soil erosion control and stormwater management plans as allowed in current law to a person engaging in more than one jurisdiction in the creation and operation of a wetland mitigation or stream restoration bank pursuant to a mitigation banking instrument signed by the Department, the Marine Resources Commission, or the U.S. Army Corps of Engineers.

A BILL to amend and reenact § 62.1-44.15:31, as it shall become effective, of the Code of Virginia, relating to stream restoration; standards and specifications.

18103641D

S.B. 582

Patron: Hanger

Open-space lands; conversion or diversion. Increases the threshold for the substitution of real property when lands are converted or diverted from open-space land use, requiring the substitute land to have "substantially" greater value as permanent open-space land than the land being converted or diverted. The bill establishes several requirements that an applicant for such conversion or diversion, such as an electric utility or a pipeline company, shall meet, including the requirements that it demonstrate the essentiality of its project, show that no feasible alternative exists, pay for appraisals conducted by a certified general real estate appraiser, and explain why, if the substitute land is not adjacent to the land to be converted or diverted, adjacent land could not be acquired. The bill also requires the creation of a stewardship fund for the substitute land.

A BILL to amend and reenact § 10.1-1704 of the Code of Virginia, relating to open-space lands; conversion or diversion.

18104710D

S.B. 599

Patron: Vogel

Industrial hemp; license. Requires the Commissioner of Agriculture and Consumer Services to create a license, with certain application, review, and operation requirements, to grow industrial hemp outside of the industrial hemp research program.

A BILL to amend and reenact §§ 3.2-4112, 3.2-4115, 3.2-4116, 3.2-4117, and 54.1-3401, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to industrial hemp licensure.

18103330D

S.B. 696

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. 698

Patron: Deeds

Erosion and sediment control; inspections; natural gas pipelines; stop work instructions; emergency. Authorizes the State Water Control Board (the Board) to conduct inspections of the land-disturbing activities of interstate and intrastate natural gas pipeline companies that have approved annual standards and specifications to determine (i) compliance with such annual standards and specifications, (ii) compliance with any site-specific plans, and (iii) if there have been or are likely to be adverse impacts to water quality as a result of such land-disturbing activities. The bill authorizes the Board to issue a stop work instruction when the Board determines that there has been an adverse impact to water quality or that an adverse impact to water quality is likely to occur as a result of such land-disturbing activities. The bill requires that upon completion and approval by the Board in writing of the corrective measures specified in the stop work instruction, the instruction shall be immediately lifted. Such stop work instruction may be appealed to the circuit court of the jurisdiction where the violation was alleged to have occurred or other appropriate court. The bill contains an emergency clause.

A BILL to amend the Code of Virginia by adding a section numbered 62.1-44.15:58.1, relating to erosion and sediment control; inspections; natural gas pipelines; stop work instructions; emergency.

18104455D

EMERGENCY

S.B. 699

Patron: Deeds

Stormwater management; inspections; natural gas pipelines; stop work instructions; emergency. Authorizes the State Water Control Board (the Board) to conduct inspections of the land-disturbing activities of interstate and intrastate natural gas pipeline companies that have approved annual standards and specifications to determine (i) compliance with such annual standards and specifications, (ii) compliance with any site-specific plans, and (iii) if there have been or are likely to be adverse impacts to water quality as a result of such land-disturbing activities. The bill authorizes the Board to issue a stop work instruction when the Board determines that there has been an adverse impact to water quality or that an adverse impact to water quality is likely to occur as a result of such land-disturbing activities. The bill requires that upon completion and approval by the Board in writing of the corrective measures specified in the stop work instruction, the instruction shall be immediately lifted. Such stop work instruction may be appealed to the circuit court of the jurisdiction where the violation was alleged to have occurred or other appropriate court. The bill contains an emergency clause.

A BILL to amend the Code of Virginia by adding a section numbered 62.1-44.15:37.1, relating to stormwater management; inspections; natural gas pipelines; stop work instructions; emergency.

18104467D

EMERGENCY

S.B. 854

Patron: Marsden

Renewal of nursery stock licenses; late fee. Imposes a $50 late fee for a nurseryman and $15 late fee for a dealer for failure to renew a nursery stock license within 30 days of the December 31 expiration date. The bill exempts from prosecution for a Class 1 misdemeanor under Title 3.2 (Agriculture, Animal Care, and Food) any nurseryman or dealer who pays the late fee imposed by the bill. The bill provides that any nurseryman or dealer who fails to renew his license within 30 days of the December 31 expiration date shall be considered unlicensed.

A BILL to amend and reenact § 3.2-3803 of the Code of Virginia, relating to renewal of nursery stock licenses; late fee.

18103921D

S.B. 859

Patron: Chafin

Airbow hunting; license. Authorizes the use of an airbow to hunt deer and small game when a hunter is licensed to hunt with a bow and arrow. The bill applies various existing provisions regulating and restricting the use of a bow and arrow to the use of an airbow.

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, 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 airbow hunting; license.

18104773D

S.B. 950

Patron: Hanger

Pipeline construction; upland impacts; supplemental review. Requires the Department of Environmental Quality (the Department) to determine whether any activity associated with a federally regulated natural gas pipeline project will occur in an upland area or other sensitive area, will be likely to result in a discharge to state waters and will not be covered by a federal Clean Water Act certification. The bill requires the Department, for each identified activity, to conduct a separate supplemental review of the project. In certain cases, the bill requires the Department to recommend that the State Water Control Board (the Board) impose additional conditions on the project. The bill also directs the Board to require both a Virginia Water Protection Permit and an Individual Water Quality Certification under the federal Clean Water Act for any interstate natural gas pipeline and, for such pipelines, to review water body crossings as well as plans for erosion and sediment control and stormwater management. Finally, the bill directs the Board to adopt emergency regulations to implement the provisions of the act.

A BILL to amend the Code of Virginia by adding in Article 2.2 of Chapter 3.1 of Title 62.1 a section numbered 62.1-44.15:23.2, relating to interstate natural gas pipelines; Department of Environmental Quality review; upland construction.

18104891D