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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2019 SESSION
Chairman: Richard H. Stuart
Clerk: Chad Starzer
Staff: Scott Meacham, David Barry
Date of Meeting: January 24, 2019
Time and Place: 30 Minutes after Adjournment, Senate Room A
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: Marsden
Industrial hemp; definition; exclusion from certain marijuana provisions. Includes in the definition of "industrial hemp" any compound, manufacture, salt, derivative, mixture, or preparation of the plant Cannabis sativa, its seeds, or its resin that contains a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law. The bill excludes industrial hemp from various provisions related to marijuana, including from Schedule I of the Drug Control Act.
A BILL to amend and reenact §§ 3.2-4112, 18.2-247, 54.1-3401, as it is currently effective and as it shall become effective, and 54.1-3446 of the Code of Virginia, relating to industrial hemp; definition; exclusion from certain marijuana provisions.19101497D
Patron: Stuart
Water impounding structures; portable pumping systems. Directs the Soil and Water Conservation Board to promulgate regulations that allow for the use of a portable pumping system when retrofitting an existing impoundment structure with a draining device.
A BILL to amend and reenact § 10.1-605 of the Code of Virginia, relating to water impounding structures; portable pumping systems.19102801D
Patron: Newman
Water improvement districts; assessment of service charge; referendum. Removes provisions authorizing a water improvement district to levy a tax on owners of land within the district. The bill removes the requirement that owners of land approving a referendum regarding assessment of a service charge also represent two-thirds of the land area in such district. The bill contains an emergency clause.
A BILL to amend and reenact § 10.1-625 of the Code of Virginia, relating to water improvement districts; assessment of a service charge; referendum; emergency.19101787D
EMERGENCY
Patron: Chafin
Gas or oil drilling units; escrowed proceeds; Coalfield Region Elderly Assistance Fund; Coalfield Region Tourism Fund. Provides that proceeds of certain gas or oil wells, escrowed because the owner's identity and location remain unknown, shall be presumed abandoned and paid into the Coalbed Region Elderly Assistance Fund (the Elderly Fund), established by the bill. The bill directs the Virginia Gas and Oil Board to make grants to nonprofit organizations for the support of elderly residents of the region. Current law requires such escrowed proceeds to be disposed of pursuant to the Uniform Disposition of Unclaimed Property Act.
The bill also provides that certain escrowed proceeds, due to known and locatable claimants of coalbed methane gas wells that were force-pooled prior to July 1, 2015, shall be deemed abandoned and made available to the Coalfield Region Tourism Fund (the Tourism Fund), also established by the bill, when one year has passed since the last provision of notice to such claimant and certain other conditions are met. The bill provides that all moneys in the Tourism Fund in excess of a minimum balance of $500,000 shall be disbursed equally to the Southwest Regional Recreation Authority and the Heart of Appalachia Tourism Authority.
A BILL to amend and reenact §§ 45.1-361.21 and 45.1-361.22:2 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 45.1-361.21:2 and 45.1-361.22:3, relating to gas or oil wells; residual coalbed methane royalties; disbursement of unclaimed royalties.19101432D
Patron: Stuart
Oil and gas wells; bonding requirements; application notice. Authorizes a person who applies for a hearing in front of the Virginia Gas and Oil Board to provide required notice of such application to certain gas or oil owners, coal owners, mineral owners, or gas storage field operators by commercial delivery service. Current law provides for delivery only by certified mail. The bill changes the blanket bond amounts that the Director of the Department of Mines, Minerals and Energy may require for an application for permits for gas or oil operations and authorizes additional bonds for any well proposed to be drilled in the Tidewater region.
A BILL to amend and reenact §§ 45.1-361.19 and 45.1-361.31 of the Code of Virginia, relating to oil and gas wells; bonding requirements; application notice.19102058D
Patron: Hanger
Stormwater Local Assistance Fund; grants to non-MS4 localities. Authorizes the Department of Environmental Quality (the Department), with the approval of the Secretary of Natural Resources, to designate a portion of the moneys in the Stormwater Local Assistance Fund to provide matching grants to local governments that are not regulated under municipal separate storm sewer (MS4) permits for the planning, design, and implementation of stormwater best management practices. The bill directs the Department to prioritize grants for projects that are regional in scope. The bill directs the Department to seek stakeholder input and public comment in developing eligibility criteria and to submit such criteria by January 1, 2020, for consideration by the State Water Control Board.
A BILL to amend and reenact § 62.1-44.15:29.1 of the Code of Virginia, relating to Stormwater Local Assistance Fund; grants to non-MS4 localities.19103935D
Patron: Wagner
Chesapeake Bay Watershed Implementation Plan; Lynnhaven River and Little Creek watersheds. Repeals directions to state agencies to exclude the Lynnhaven River and Little Creek watersheds from the James River Basin for purposes of the Chesapeake Bay Watershed Implementation Plan.
A BILL to repeal Chapter 41 of the Acts of Assembly of 2013 and Chapter 184 of the Acts of Assembly of 2015, relating to Chesapeake Bay Watershed Implementation Plan; Lynnhaven River and Little Creek watersheds.19100781D
Patron: Mason
Oyster planting grounds; lease assignments. Authorizes the Commissioner of Marine Resources (the Commissioner) to decide which area within a riparian owner's waters shall be assigned for planting oysters and removes the $1.50 fee of such assignment. Under current law, such decision is made by the riparian owner. The bill changes various provisions related to oyster-planting grounds, including (i) increasing the application fee for an assignment of general or riparian oyster-planting grounds, (ii) authorizing the Commissioner to consider the public benefits of shellfish aquaculture or whether a transfer or renewal of an oyster-planting lease is in the public interest when determining whether to allow such transfer or renewal of an assignment, (iii) directing the Marine Resources Commission to adopt regulations related to license renewal fees, and (iv) increasing the application fee for a transfer of an oyster-planting lease. The bill contains an emergency clause.
A BILL to amend and reenact §§ 28.2-600, 28.2-607, 28.2-608, 28.2-613, and 28.2-625 of the Code of Virginia, relating to oyster planting grounds; lease assignments.19102274D
EMERGENCY
Patron: Mason
Potomac Aquifer recharge monitoring; advisory board; laboratory established; SWIFT Project. Creates an advisory board and a laboratory to monitor the effects of the Sustainable Water Infrastructure for Tomorrow (SWIFT) Project being undertaken by the Hampton Roads Sanitation District (HRSD).
The bill establishes a 10-member advisory board called the Potomac Aquifer Recharge Oversight Committee (the Committee), directing it to ensure that the SWIFT Project is monitored independently. The bill provides that the Committee shall consist of the State Health Commissioner, the Director of the Department of Environmental Quality, the Executive Director of the Hampton Roads Planning District Commission, the two Co-Directors of the Laboratory, the Director of the Occoquan Watershed Monitoring Laboratory, two Virginia citizens appointed by the Governor, and two nonvoting members. The Committee is required by the bill to meet at least quarterly during the initial three years of its existence. The bill also authorizes the Committee to appoint a science and technical advisory council and directs the Committee to request funding from HRSD for the first three years of monitoring of the recharge of the aquifer.
The bill also creates the Potomac Aquifer Recharge Monitoring Laboratory (the Laboratory) at a location to be selected in the Hampton Roads region, placing it under the co-direction of one Old Dominion University faculty member and one Virginia Tech faculty member. The bill provides that the Laboratory shall monitor the impact of the SWIFT Project on the Potomac Aquifer, manage testing data, and conduct water sampling and analysis.
The bill authorizes both the Commissioner of the Department of Health and the State Water Control Board to issue emergency orders to halt injection or make any change to any facility of the SWIFT Project.
A BILL to amend the Code of Virginia by adding in Title 62.1 a chapter numbered 26, consisting of sections numbered 62.1-271 through 62.1-275, relating to Potomac Aquifer recharge monitoring; laboratory established; SWIFT Project.19102450D
Patron: Obenshain
Water and sewerage companies; cost allocation and rate design. Requires the State Corporation Commission (SCC) to consider certain factors in making determinations regarding water and sewerage company rate applications or proposals allocating the revenue requirement to classes of customers. The measure requires that rate applications submitted to the SCC that would allocate the revenue requirement to more than one class of customers shall be supported by a class cost-of-service study.
A BILL to amend the Code of Virginia by adding a section numbered 56-264.3, relating to water and sewerage companies; cost allocation and rate design.19103922D
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: Lewis
Marine Resources Commission; grant of interest in subaqueous lands; federal civil works project; report. Authorizes the Commonwealth, acting through the Marine Resources Commission, to grant to a political subdivision of the Commonwealth an easement over, or title to, certain beds of the waters of the Commonwealth. The bill requires that the political subdivision receiving such a grant be acting in the capacity of an official nonfederal sponsor, with the U.S. Army Corps of Engineers, of a federally authorized civil works project and that the grant be necessary to the carrying out of such project.
The bill requires that such a grant be contained in a written instrument that describes by metes and bounds the land in which the interest is granted and is executed by the Attorney General and countersigned by the Governor.
Finally, the bill prohibits any political subdivision that receives a grant of a right or interest as specified in the bill from conveying that right or interest except to the Commonwealth. The bill requires the Commissioner of Marine Resources to report annually to the General Assembly about the grants that have been made during the past year.
A BILL to amend the Code of Virginia by adding a section numbered 28.2-1200.2, relating to Marine Resources Commission; grant of interest in subaqueous lands; federal civil works project; report.19104142D
Patron: DeSteph
Offshore oil and gas drilling; prohibition. Prohibits the Marine Resources Commission or the Department of Mines, Minerals and Energy from granting any lease or permit for oil or gas exploration or drilling, or the construction of oil or gas infrastructure, in the beds of any waters of the Commonwealth. Current law authorizes the granting of oil and gas leases on such state-owned bottomlands, which generally are those subaqueous lands lying within three miles of the shore. The bill also repeals a section of the Code of Virginia stating the Commonwealth's support for federal efforts to explore for natural gas more than 50 miles off shore.
A BILL to amend and reenact §§ 28.2-1208 and 67-102 of the Code of Virginia and to repeal § 67-300 of the Code of Virginia, relating to offshore oil and gas drilling.19103957D
Patron: Lewis
Ground water withdrawal; Eastern Shore Groundwater Management Area; incentives for use. Directs the State Water Control Board to adopt regulations providing incentives for the withdrawal of water from the surficial aquifer, rather than the deep aquifer, in the Eastern Shore Groundwater Management Area, as defined in the bill. Such incentives may include extended permit terms of as long as 20 years, an accelerated permit process, or discounted permit fees.
A BILL to amend and reenact § 62.1-255 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 62.1-262.1, relating to ground water withdrawal; Eastern Shore Groundwater Management Area; incentives for use.19104153D
Patron: Lewis
Virginia Coastal Protection Act. Recasts the Virginia Shoreline Resiliency Fund as the Virginia Coastal Protection Fund. Moneys generated by the sale of carbon dioxide emissions allowances through any auction program administered by the Commonwealth are directed to the Fund. The measure directs the State Air Pollution Control Board to adopt regulations to limit and reduce the total carbon dioxide emissions released by electric generation facilities. The regulations are required to comply with the Regional Greenhouse Gas Initiative program. 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 distributed without further appropriation to assist localities in implementing hazard mitigation projects in areas that are subject to recurrent flooding, to support energy efficiency programs, to programs in Southwest Virginia for the purpose of revitalizing communities affected by the decline of fossil fuel production, and for administrative expenses. An enactment clause exempts from the Administrative Process Act actions taken by the Department of Environmental Quality to incorporate provisions of this measure into State Air Pollution Control Board regulations without further action of the Board. The enactment also provides that such incorporation will become effective upon approval of the provisions of the measure by the Director of the Department and the filing of the amended regulations with the Registrar of Regulations.
A BILL to amend and reenact § 10.1-603.25 of the Code of Virginia, relating to the Virginia Coastal Protection Fund; establishment of 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 Coastal Protection Act.19104309D
Patron: Ruff
Industrial hemp; federal Farm Bill; emergency. Conforms Virginia law to the provisions of the federal 2018 Farm Bill by amending the definitions of cannabidiol oil, marijuana, and tetrahydrocannabinol (THC) to exclude industrial hemp that is grown, dealt, or processed in compliance with state or federal law. The bill defines "industrial hemp" as any part of the plant Cannabis sativa that has a concentration of THC that is no greater than that allowed by federal law, and it adds the category of "dealer" in industrial hemp to the existing registration categories of grower and processor. The bill also removes a provision in current law that makes it unnecessary for a prosecutor to negate an industrial hemp exemption in a drug prosecution; such current provision places the burden of proof of any such exemption on the defendant.
The bill requires any registered grower, dealer, or processor who negligently violates the law to comply with a corrective action plan established by the Commissioner of Agriculture and Consumer Services (the Commissioner). The plan must identify a date by which the person is required to correct the violation and requires the person to report periodically for not less than two calendar years on his compliance with the law. No person who negligently violates the industrial hemp law three times in a five-year period is eligible to grow, deal in, or process industrial hemp for a period of five years beginning on the date of the third violation.
The bill directs the Commissioner to (i) revoke the registration of any registered grower, dealer, or processor who violates the law with a culpable mental state greater than negligence and (ii) advise the Attorney General of the United States and the Superintendent of State Police, or the chief law-enforcement officer of the county or city, when such person grows, deals in, or processes any Cannabis sativa with a concentration of THC that is greater than that allowed by federal law with a culpable mental state greater than negligence.
The bill abolishes the higher education and Virginia industrial hemp research programs, along with the requirement that a grower or processor act exclusively within such a program. The bill authorizes the Commissioner to charge a fee for certain THC testing. Finally, the bill directs the Department of Agriculture and Consumer Services to report to the General Assembly by September 1, 2019, on the fiscal impact of the growth of the industrial hemp industry upon the Department's registration program and the existence of any need to alter the registration fee. The bill includes an emergency clause.
A BILL to amend and reenact §§ 3.2-4112, 3.2-4113, 3.2-4114, 3.2-4114.2, 3.2-4115, 3.2-4116, 3.2-4118, 3.2-4119, 18.2-247, 54.1-3401, as it is currently effective and as it shall become effective, 54.1-3408.3, and 54.1-3446 of the Code of Virginia and to repeal §§ 3.2-4114.1 and 3.2-4117 of the Code of Virginia, relating to industrial hemp.19104500D
EMERGENCY
Patron: Stuart
Stationary blinds in the public waters; minimum distance from shore. Provides that no stake or stationary waterfowl blind that is erected in the public waters be located less than 150 yards from a riparian owner's shoreline at the mean low water mark, unless the riparian owner gives written permission to locate the stake or blind closer to shore.
A BILL to amend and reenact § 29.1-345 of the Code of Virginia, relating to stationary blinds in the public waters.19103536D
Patron: Chase
Coal ash management. Prohibits the construction of any landfill or impoundment for the storage of coal combustion residuals located in the Chesapeake Bay watershed, defined in the bill as a CCR unit, beginning July 1, 2020, and requires the closure of all existing CCR units by 2023.
The bill requires the owner of a CCR unit to meet detailed requirements and timelines regarding (i) the submission of closure plans to the Department of Environmental Quality (the Department); (ii) the review and approval of such plans by the Department, and the further approval of such plans by the Virginia Waste Management Board (the Board); (iii) the monitoring, assessment, and restoration of groundwater, including the submission and approval by the Department of plans for assessment and corrective action, the implementation of a restoration plan, and the monitoring of wells; (iv) the identification, assessment, and correction of unpermitted discharges, including the submission and approval by the Department of plans for discharge assessment and corrective action; (v) and the submission of quarterly reports to the Department, reports to General Assembly members who have CCR units in their districts, and other reports. The bill authorizes the Board to establish a regulatory fee to pay the expenses of the Board and the Department in providing CCR oversight.
The bill directs each owner of CCR to identify, by 2020, two or more CCR units that contain CCR that is suitable for recycling as supplementary cementitious material in concrete. The bill directs the Department to require the owner of such CCR units to enter into contracts to supply at least 600,000 tons of coal ash per year from such CCR units to a CCR beneficiation plant, and to install and operate such a plant. The bill requires the operation of the plant to begin within two years of the issuance of the final permit required.
A BILL to amend the Code of Virginia by adding in Chapter 3.1 of Title 62.1 an article numbered 2.7, consisting of sections numbered 62.1-44.15:85 through 62.1-44.15:91, relating to Coal Ash Management.19103918D
Patron: Boysko
DEQ permits; technical assistance grants. Creates the Permitting Technical Assistance Fund (the Fund) for the purpose of issuing grants to qualified groups to obtain technical assistance in (i) interpreting information with regard to permits, permit actions, or activities conducted at permit sites; (ii) identifying new or alternative permit provisions or conditions; or (iii) formulating, revising, or submitting written or oral comments during a public comment period. The bill authorizes the Director of the Department of Environmental Quality to issue grants from the Fund to qualified groups not exceeding $15,000 for any group for any single permit action and directs the Department of Environmental Quality (the Department) to include with any fees for a permit issued by the Department, State Air Pollution Control Board, State Water Control Board, or Virginia Waste Management Board, a fee to cover the full cost of administering and issuing grants from the Fund. The bill directs the Department to develop regulations to carry out its provisions.
A BILL to amend the Code of Virginia by adding in Chapter 11.1 of Title 10.1 an article numbered 6, consisting of sections numbered 10.1-1197.12 through 10.1-1197.16, relating to DEQ permits; technical assistance grants.19104568D
Patron: Sturtevant
Landfill permits; adjacent locality approval. Requires that an application for a new solid waste management facility permit or for modification of a permit to allow an existing solid waste management facility to expand or increase its capacity include a certification from the governing body for each locality within a five-mile radius of the facility, other than the locality in which the facility is or will be located unless as otherwise required, granting approval of the facility.
A BILL to amend and reenact § 10.1-1408.1 of the Code of Virginia, relating to landfill permits; adjacent locality approval.19103829D