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ACROSS SESSIONS
- Subject Index: Since 1995
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2019 SESSION
Chairman: Richard H. Stuart
Clerk: Chad Starzer
Staff: Scott Meacham, David Barry
Date of Meeting: January 17, 2019
Time and Place: Senate Room A, Pocahontas Building 1/2 Hour after adj.
Patron: Chase
Coal combustion residuals surface impoundments; closure. Directs the Department of Environmental Quality to require the closure of any coal combustion residuals (CCR) surface impoundment located in the Chesapeake Bay watershed. The bill requires that such closure include the removal of all CCRs for disposal in a permitted landfill that meets federal criteria and that the impoundment site be reclaimed in a manner consistent with federal mine reclamation standards. Finally, the bill allows an investor-owned public electric utility to recover the costs of closure from customers.
A BILL to amend the Code of Virginia by adding in Article 2.1 of Chapter 14 of Title 10.1 a section numbered 10.1-1413.3, relating to coal combustion residuals surface impoundments; Chesapeake Bay watershed; closure requirements.19100103D
Patron: Stanley
Animal Cruelty Conviction List established. Requires the Superintendent of State Police to establish within the Department of State Police by July 1, 2022, an Animal Cruelty Conviction List that is available to the public on the website of the Department of State Police. The list shall include the names of persons convicted on or after July 1, 2019, of a felony violation of the prohibition against cruelty to animals; animal fighting; maiming, killing, or poisoning an animal; or killing or injuring a police animal. The bill requires any person convicted of any such offense to pay a fee of $50 per conviction to fund the maintenance of the list. The bill requires the Department of State Police to maintain and regularly update the list and to remove a person from the list 15 years after his information is listed if the person 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 the Animal Cruelty Conviction List.19100153D
Patron: Spruill
Tethering of animals; adequate shelter and space. Provides that outdoor tethering of a companion animal does not meet the requirement that an animal be given adequate shelter, unless the animal is actively engaged in an agricultural or hunting activity, when tethering is conducted (i) when the temperature is 32 degrees Fahrenheit or lower, or 85 degrees Fahrenheit or higher; (ii) during a heat advisory; or (iii) during a severe weather warning. The bill provides that a tether meets the requirement that an animal be given adequate space if the tether is four times the length of the animal or 15 feet in length, whichever is greater, and does not cause injury or pain, weigh more than one-tenth of the animal's body weight, or have weights or heavy objects attached to it. Current law provides that the tether be three times the length of the animal. The bill exempts agricultural animals from existing provisions related to tethering. The bill also authorizes any locality to adopt ordinances that parallel and make more stringent the state law regarding the care of companion animals.
A BILL to amend and reenact §§ 3.2-6500 and 3.2-6543 of the Code of Virginia, relating to tethering of animals; adequate shelter and space.19100082D
Patron: Marsden
Pet shops; procurement of dogs; penalty. Prohibits a commercial dog breeder from selling a dog without providing to the purchaser a form signed by the breeder stating that the breeder is in full compliance with the requirements for a commercial dog breeder and prohibits a pet shop or dealer from purchasing a dog without obtaining such document. The bill directs the Commissioner of Agriculture and Consumer Services to develop and make available such document on the Department of Agriculture and Consumer Services website. The bill provides that a violation of these prohibitions is a Class 1 misdemeanor.
A BILL to amend and reenact § 3.2-6511.1 of the Code of Virginia, relating to pet shops; procurement of dogs; penalty.19101326D
Patron: Cosgrove
Management of menhaden. Requires the Virginia Marine Resources Commission to adopt regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden and authorizes the Commission to adopt regulations for managing the Commonwealth's menhaden fishery. The bill also requires that any moratorium on the fishery be subject to legislative review. The bill repeals several existing codified provisions relating to quotas, allocation of allowable landings, and administrative procedures, which will be included in a regulatory framework for managing the fishery.
A BILL to amend and reenact §§ 2.2-4002, 2.2-4103, 28.2-201, 28.2-409, and 28.2-410 of the Code of Virginia and to repeal §§ 28.2-400.2 through 28.2-400.6, 28.2-405, 28.2-411, and 28.2-1000.2 of the Code of Virginia, relating to management of the menhaden fishery.19100421D
Patron: Cosgrove
Menhaden fishery. Directs the Virginia Marine Resources Commission to adopt regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden and requires that any moratorium on the fishery be subject to legislative review.
A BILL to amend and reenact §§ 2.2-4002, 2.2-4103, 28.2-409, and 28.2-410 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 28.2-203.2, and to repeal § 28.2-1000.2 of the Code of Virginia, relating to menhaden fishing.19100929D
Patron: Favola
Companion animals; care; local ordinances. Authorizes any locality to adopt an ordinance that parallels and makes more stringent the state law regarding the care of companion animals.
A BILL to amend and reenact § 3.2-6543 of the Code of Virginia, relating to companion animal care; local ordinances.19100755D
Patron: Stanley
Rental or lease of dog or cat prohibited; civil penalty. Prohibits the rental or lease of a dog or cat to a consumer, including by a purported sale of the animal in a manner that vests no permanent ownership in the consumer at the time of the purported sale. The bill prohibits the sale of a dog or cat in which the animal is used as collateral for the agreement or is subject to repossession upon default of the agreement and prohibits any financial institution from offering a loan for which the animal is used as collateral. The bill provides that the Attorney General may bring a civil action to enforce the bill's provisions and that a violator may be subject to a civil penalty of not more than $5,000. A pet shop, commercial dog breeder, dealer, or other business that violates the provisions of the bill also may have its business license, retail license, or local pet shop permit suspended or revoked. The bill exempts certain animals from its prohibitions, including purebred dogs leased for breeding; dogs or cats used in spectator events, motion pictures, racing, or other entertainment; and service dogs, guide or leader dogs, security dogs, law-enforcement dogs, military working dogs, and certified facility dogs.
A BILL to amend the Code of Virginia by adding a section numbered 3.2-6513.2, relating to rental or leasing of dog or cat prohibited; civil penalty.19101056D
Patron: Marsden
Virginia Consumer Protection Act; sale and boarding of animals. Provides that violations of certain requirements regarding the sale and boarding of animals, including those addressing misrepresentation of an animal's condition, posting of signage and maintenance of records related to dog breeders, consumer remedies for receipt of diseased animal, and written notice of consumer remedies required to be supplied by pet dealers and boarding establishments, are prohibited practices under the Virginia Consumer Protection Act. The measure also increases from one year to two years the period during which a pet dealer is required to maintain a copy of the animal history certificate following the date of the animal's sale.
A BILL to amend and reenact §§ 3.2-6509, 3.2-6512, 3.2-6513.1, 3.2-6514, 3.2-6515, 3.2-6519, and 59.1-200 of the Code of Virginia, relating the Virginia Consumer Protection Act; sale and boarding of animals.19103371D
Patron: Sturtevant
Creation of conservation areas. Allows a planning commission to designate an area as a conservation area. Current law only allows a redevelopment and housing authority to make such designation.
A BILL to amend and reenact § 36-48.1 of the Code of Virginia, relating to creation of conservation areas.19101491D
Patrons: Ebbin, Stanley
Cruelty to animals with intent to intimidate or threaten a household member; penalty. Makes any violation relating to cruelty to an animal a Class 6 felony when such violation is carried out with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.
A BILL to amend and reenact § 3.2-6570 of the Code of Virginia, relating to cruelty to animals with intent to intimidate or threaten a household member; penalty.19100721D
Patron: Wagner
Coal combustion residuals impoundment; closure. Directs the Department of Environmental Quality (the Department), as it issues a permit for the closure of a coal combustion residuals (CCR) surface impoundment, commonly called a coal ash pond, located in the Chesapeake Bay watershed, to consider requirements of state and federal law and regulation, anticipated truck traffic, the long-term cost effectiveness of a proposed closure, and the ability of any closure to withstand extreme weather events or natural disasters. The bill provides that costs associated with any permit for closure, as well as any permit for capping in place, removing, or beneficially reusing any CCR from the site, shall be deemed in the public interest and recoverable by the utility. The bill provides that any such costs shall be fully allocated to all customers of the utility irrespective of the generation supplier of any particular customer.
A BILL to allow closure of certain coal combustion residuals impoundments.19103057D
Patron: Norment
Dogs running at large in packs; local ordinance; civil penalty. Authorizes any locality to adopt an ordinance prohibiting the running at large of dogs in packs. The bill provides that such ordinance shall contain an exception for a dog engaged with its owner or custodian in lawful hunting or a lawful, organized dog-handling event and shall subject the owner or custodian of any dog found running at large in a pack to a civil penalty in an amount established by the locality not to exceed $100 per dog. The bill requires that civil penalties be deposited by the local treasurer in the dog and cat license fund, which is used to support animal control.
A BILL to amend and reenact § 3.2-6538 of the Code of Virginia, relating to dogs running at large in packs; local ordinance.19102933D
Patron: Vogel
Port of Virginia Economic and Infrastructure Development Grant Fund and Program. Extends the sunset date from June 30, 2020, to June 30, 2025, for the Port of Virginia Economic and Infrastructure Development Grant Fund and Program.
A BILL to amend and reenact § 62.1-132.3:2 of the Code of Virginia, relating to Port of Virginia Economic and Infrastructure Development Grant Fund and Program.19102224D
Patron: McPike
Comprehensive animal care; enforceable under Virginia Consumer Protection Act. Subjects certain animal care statutes to enforcement under the Virginia Consumer Protection Act (§ 59.1-196 et seq.). These statutes relate to the misrepresentation of animals' conditions, the posting of information about dogs, and written notice of consumer remedies required to be provided by pet shops, pet dealers, and animal boarding establishments. The bill also increases from one year to two years following the date of sale the period of time for which a pet dealer is required to maintain a copy of the pet dealer's animal history certificate that is signed by the consumer.
A BILL to amend and reenact §§ 3.2-6509, 3.2-6512, 3.2-6513.1, 3.2-6514, 3.2-6515, 3.2-6519, and 59.1-200 of the Code of Virginia, relating to comprehensive animal care; enforceable under Virginia Consumer Protection Act.19101012D
Patron: Chafin
Timber sales; theft; accounting; penalty. Provides that a person who buys and removes timber from a landowner's property is guilty of larceny if he fails to pay the landowner by the date specified in their agreement or, if there is no written agreement, within 60 days of removing the timber. The bill provides that a person who is convicted of larceny of timber shall be ordered to pay three times the value of the timber removed. The bill also provides that, following the passing of the payment deadline, a buyer's failure to pay within 10 days of receiving a demand for payment shall constitute prima facie evidence of the buyer's intent to violate the larceny provision. An exception exists for a purchaser who made payment to a person he believed in good faith to be the rightful owner of the timber.
The bill requires a timber buyer, in certain cases, to furnish at the request of the landowner an accounting of each load removed from the property, with all supporting documentation. A person who fails to provide such information, or who provides false information, is guilty of a Class 3 misdemeanor.
The bill extends from 30 days to 90 days the period during which the owner of land on which a person encroached and cut timber has the right to notify such trespasser and to appoint a timber estimator to determine the amount of damages and directs the State Forester to assist landowners and law-enforcement agencies with regard to reported cases of timber theft.
A BILL to amend and reenact §§ 10.1-1105 and 55-332 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 55-334.2 and 55-334.3, relating to timber theft; accounting; penalty.19104311D
Patron: Surovell
Coal combustion residuals; Chesapeake Bay watershed; closure. Requires the owner or operator of any coal combustion residuals (CCR) unit, defined in the bill to include a coal ash pond or landfill, that is located in the Chesapeake Bay watershed to close such CCR unit by removing all of the CCR for (i) recycling, known as encapsulated beneficial use, or (ii) deposition in a permitted and lined landfill that meets certain federal standards. Any owner or operator that disposes of CCR in such a landfill is required to explain why recycling is not economically feasible. Such a closure project shall be completed within 15 years of its initiation and shall be accompanied by water testing or a connection to a municipal water supply for every residence within one-half mile.
The bill provides that if the owner or operator moves CCR off-site, it shall use rail transportation to the maximum extent practicable and shall develop and make publicly available a transportation plan for any truck transportation that minimizes the effects on adjacent property owners and surrounding communities. The bill requires the owner or operator of a CCR unit to accept and review on an ongoing basis sufficiently detailed proposals to beneficially reuse any CCR that are not already subject to a removal contract. The bill requires that any entity conducting the closure work, to the maximum extent practicable, utilize local labor and ensure that the work is performed by responsible contractors that pay workers fair wages and benefits.
The bill requires the CCR unit owner or operator to submit two annual reports beginning October 1, 2019, and continuing until closure of all of its CCR units is complete. One report describes closure plans, progress, water monitoring results, and other aspects of the closure process; the other report contains the beneficial reuse proposals that the owner or operator has received and its analysis of such proposals.
A BILL to amend the Code of Virginia by adding in Article 2.1 of Chapter 14 of Title 10.1 a section numbered 10.1-1413.3, relating to coal combustion residuals units; closure; beneficial use.19104243D
Patron: Surovell
Coal combustion residuals; cleanup costs. Authorizes an electric utility to recover the costs of the permitted cleanup in the Chesapeake Bay watershed of coal combustion residuals that are generated from the burning of coal for the purpose of generating electricity. The bill provides that such cleanup costs shall be recovered over a 25-year period and shall not include any adjustments or compensation intended to compensate the utility for carrying costs, the length of the period of reimbursement, or interest on funds advanced by the utility or any rate of return on such funds.
A BILL to amend and reenact § 56-585.1 of the Code of Virginia, relating to utilities; coal combustion residuals; cleanup costs.19103866D
Patron: DeSteph
Cruelty to animals; aggravated cruelty; penalty. Increases from a Class 1 misdemeanor to a Class 6 felony the penalty for cruelly and unnecessarily beating, maiming, mutilating, or killing a dog or cat. Current law requires that the dog or cat die as a direct result of torture, or inhumane injury or pain, before the violation is a Class 6 felony.
A BILL to amend and reenact §§ 3.2-6569, 3.2-6570, and 18.2-403.2 of the Code of Virginia, relating to cruelty to animals; aggravated cruelty; penalty.19104235D
Patron: Boysko
Cosmetics animal testing products; prohibition; penalty.
A BILL to amend and reenact § 3.2-6591 of the Code of Virginia and to amend the Code of Virginia by adding in Article 13 of Chapter 65 of Title 3.2 a section numbered 3.2-6594, relating to cosmetics; animal testing; prohibition; penalty.19104530D