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2021 SPECIAL SESSION I

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Senate Committee on Agriculture, Conservation and Natural Resources

Chair: J. Chapman Petersen

Clerk: Sean Sukol
Staff: Scott Meacham, David Barry
Date of Meeting: February 16, 2021
Time and Place: 30 min post-adj. SR East at Museum. Register to speak at GA site:
http://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

H.B. 1750

Patron: Gooditis

Dairy Producer Margin Coverage Premium Assistance Program. Directs the Commissioner of Agriculture and Consumer Services to establish and administer the Dairy Producer Margin Coverage Premium Assistance Program (the Program). The bill provides that any dairy farmer that has a resource management plan or nutrient management plan and participates in the federal margin coverage program for dairy producers at the tier I level as contained in the federal Agriculture Improvement Act of 2018 is eligible to participate in the Program. Under the bill, each year a Program participant will receive a refund of its annual premium payment paid into the federal program. Such reimbursement shall be provided on a first-come, first-served basis and shall be subject to availability of funds expressly appropriated for the purposes set forth in the chapter. The Commissioner shall submit an annual report no later than December 1 of each year to the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources assessing the effectiveness of the Program.

A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 33.1, consisting of sections numbered 3.2-3304 through 3.2-3307, relating to Dairy Producer Margin Coverage Premium Assistance Program; report.

21103881D

H.B. 1751

Patron: Brewer

Excise tax on peanuts. Extends from July 1, 2021, to July 1, 2026, the sunset date of the excise tax on all peanuts grown in Virginia and reduces from $0.30 per 100 pounds to $0.25 per 100 pounds the excise tax rate. The proceeds from this tax are used for promoting the sales and use of Virginia peanuts.

A BILL to amend and reenact § 3.2-1905 of the Code of Virginia, relating to the excise tax on peanuts.

21100674D

H.B. 1760

Patron: Webert

Conservation easements; construction. Provides that an easement held pursuant to the Virginia Conservation Easement Act or the Open-Space Land Act shall be construed in favor of achieving the conservation purposes for which it was created.

 A BILL 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 Chapter 17 of Title 10.1 a section numbered 10.1-1705.1, relating to conservation easements; construction.

21102392D

H.B. 1804

Patron: Orrock

State parks; Department of Conservation and Recreation; recommendations for funding. Directs the Department of Conservation and Recreation to develop recommendations for dedicated sources of funding for state parks that will be relatively stable from year to year. The Department shall submit its recommendations to the Chairmen of the House Committee on Agriculture, Chesapeake and Natural Resources, the House Committee on Appropriations, the Senate Committee on Agriculture, Conservation and Natural Resources, and the Senate Committee on Finance and Appropriations by November 1, 2021.

A BILL to direct the Department of Conservation and Recreation to recommend a dedicated funding source for state parks.

21101656D

H.B. 1819

Patron: Cole, J.G.

Rappahannock State Scenic River designation. Adds a 79-mile portion of the Rappahannock River located in Caroline, King George, Westmoreland, Essex, and Richmond Counties to the Rappahannock State Scenic River, a component of the Virginia Scenic Rivers System.

A BILL to amend and reenact § 10.1-415 of the Code of Virginia, relating to Rappahannock State Scenic River.

21101130D

H.B. 1833

Patron: Subramanyam

Department of Conservation and Recreation; leasing of land. Changes the process by which the Department of Conservation and Recreation may lease certain lands from one that is subject to the consent and approval of the Governor and the General Assembly to one that is subject to the written recommendation of the Department of General Services to the Governor and the written approval of the Governor, and excludes the sale of such land from such process. The bill also authorizes only certain activities for which the Department may lease land and requires that information about leasing activities be included in an annual report to the General Assembly.

A BILL to amend and reenact § 10.1-109 of the Code of Virginia, relating to Department of Conservation and Recreation; leasing of land.

21102063D

H.B. 1836

Patron: Plum

Secretary of Natural Resources. Renames the Secretary of Natural Resources as the Secretary of Natural and Cultural Resources. The bill also designates the Secretary as the Chief Resilience Officer and removes the Virginia Museum of Natural History from the purview of the Secretary.

A BILL to amend and reenact §§ 2.2-200, 2.2-205, 2.2-206, 2.2-215, 2.2-220.1, 2.2-220.2, 2.2-220.3, 2.2-1156, 2.2-1176, 2.2-2316, 2.2-2338, 2.2-2481, 2.2-2699.10, 2.2-2699.11, 2.2-2699.13, 10.1-603.25, 10.1-704, 10.1-1018, 10.1-1181.15, 10.1-1188, 10.1-1329, 10.1-1402.03, 10.1-1402.04, 10.1-1405, 10.1-2129, 10.1-2202.3, 15.2-2295.1, 28.2-207, 29.1-102, 29.1-573, 29.1-579, 30-377, 56-596.2, 58.1-344.3, 62.1-44.15:68, 62.1-44.34:25, 62.1-44.34:28, 62.1-44.117, 62.1-44.118, 62.1-44.119:1, 62.1-69.31, 62.1-69.32, 62.1-69.33, 62.1-69.41, 62.1-69.52, and 62.1-195.1 of the Code of Virginia, relating to the Secretary of Natural Resources.

21101981D

H.B. 1837

Patron: Plum

Virginia Soil and Water Conservation Board; membership. Clarifies that each of the six nonlegislative citizen members of the Virginia Soil and Water Conservation Board (the Board) who is not an at-large member is to be appointed by the Governor from a list of two qualified nominees submitted for each vacancy by the Board and the Board of Directors of the Virginia Association of Soil and Water Conservation Districts (the Association) in consultation with other groups. The bill also requires each of the six nonlegislative citizen members to be a resident of a different one of the six geographic areas represented in the Association. The bill contains technical amendments.

A BILL to amend and reenact § 10.1-502 of the Code of Virginia, relating to Soil and Water Conservation Board; membership.

21103143D

H.B. 1855

Patron: Sullivan

Department of Mines, Minerals and Energy. Renames the Department of Mines, Minerals and Energy as the Department of Energy. Within the Department, the bill renames the Division of Mined Land Reclamation as the Division of Mined Land Repurposing and renames the Division of Energy as the Division of Renewable Energy and Energy Efficiency.

The bill makes substantive changes, removing the requirement that the Chief of the Division of Mines be appointed by the Governor and authorizing an employee other than the Virginia Gas and Oil Inspector to serve as the principal executive of the staff of the Virginia Gas and Oil Board. The bill also provides that the Chief Clean Energy Policy Advisor shall be appointed by the Governor. The bill removes or updates outdated language.

A BILL to amend and reenact §§ 2.2-204, 2.2-604.2, 2.2-1157, 2.2-1176.1, 2.2-3705.6, 2.2-4006, 10.1-606.3, 10.1-659, 10.1-1194, 10.1-1329, 10.1-1330, 10.1-1406.2, 11-34.3, 15.2-958.3, 15.2-980, 15.2-2224, 23.1-2626, 23.1-2627, 28.2-1208, 30-275, 33.2-236, 45.1-161.1, 45.1-161.2, 45.1-161.5, 45.1-161.15, 45.1-161.179, 45.1-161.292:2, 45.1-180, 45.1-229, 45.1-230, 45.1-270.4:1, 45.1-361.28, 45.1-361.41, 45.1-383, 45.1-390, 56-265.15:1, 56-576, 56-585.5, 56-594.3, 56-596.2, 58.1-439.2, 58.1-439.12:02, 58.1-3660, 58.1-3706, 58.1-3745, 62.1-44.15:21, 62.1-44.15:66, 62.1-195.1, 62.1-243, 62.1-256, 62.1-259, 63.2-805, 67-200, 67-202.1, 67-602, 67-900, 67-1000, 67-1206, 67-1208, 67-1209, 67-1403, and 67-1506 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 45.1-161.4:1, relating to Department of Mines, Minerals and Energy.

21102112D

H.B. 1902

Patron: Carr

Expanded polystyrene food service containers; prohibition; civil penalty. Prohibits the dispensing by a food vendor of prepared food to a customer in a single-use expanded polystyrene food service container, as defined in the bill. The bill requires certain chain restaurants to stop using such containers by July 1, 2023, and sets the date for compliance by all food vendors as July 1, 2025. The bill exempts nonprofit organizations from the definition of "food vendor" and provides a process by which a locality may grant consecutive one-year exemptions to individual food vendors on the basis of undue economic hardship. The bill provides a civil penalty of not more than $50 for each day of violation, to be collected in a civil action brought by the Attorney General or the relevant locality. The penalties collected are to be deposited in the Litter Control and Recycling Fund or to the treasury of the relevant locality, as appropriate. A portion of the penalties deposited in the Fund are to be used for public information campaigns to discourage the sale and use of expanded polystyrene products. Finally, the bill directs the Department of Environmental Quality to post to its website information on compliance and the filing of complaints. This bill is a reenactment of Chapter 1104 of the Acts of Assembly of 2020.

A BILL to amend and reenact §§ 10.1-1414 and 10.1-1422.01 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 10.1-1424.3, relating to expanded polystyrene food service containers; prohibition; civil penalty.

21100816D

H.B. 1928

Patron: Aird

Historic resources; acquisition and lease of land. Authorizes the Department of Historic Resources and the Board of Historic Resources to undertake additional leasing and property acquisition activities related to battlefield properties, designated landmarks, and other properties of historic significance.

A BILL to amend and reenact §§ 10.1-2202 and 10.1-2204 of the Code of Virginia, relating to historic resources; acquisition and lease of land.

21103325D

H.B. 1958

Patron: Avoli

Scenic river designation; South River. Designates a 6.5-mile segment of the South River in the City of Waynesboro as a component of the Virginia Scenic Rivers System.

A BILL to amend the Code of Virginia by adding a section numbered 10.1-417.1, relating to designation of a segment of the South River as a state scenic river.

21100821D

H.B. 1982

Patron: Bulova

Nutrient credits; use by facility with certain stormwater discharge permit. Authorizes a facility that has been issued a Virginia Pollution Discharge Elimination System (VPDES) permit regulating stormwater discharges to acquire, use, and transfer nutrient credits for compliance with any waste load allocation established as an effluent limitation in its VPDES permit. Current law allows only a facility registered under the Industrial Stormwater General Permit to use nutrient credits for such purpose.

A BILL to amend and reenact § 62.1-44.19:21 of the Code of Virginia, relating to nutrient credits; use by facility with permit for stormwater discharges.

21102682D

H.B. 1983

Patron: Bulova

Wetland and stream mitigation banks; proximity of impacted site. Provides that when a water protection permit applicant is required to purchase wetland or stream mitigation bank credits but no credits are available (i) in any mitigation provider's primary service area or (ii) at a cost of less than 200 percent of the price of credits available from a fund dedicated to achieving no net loss of wetland acreage and functions, the applicant may purchase or use credits from a mitigation provider's secondary service area. The bill provides certain requirements that the permit applicant must comply with in order to purchase or use such credits from a secondary service area, including minimum tree canopy requirements.

A BILL to amend and reenact §§ 62.1-44.15:23 and 62.1-44.15:23.1 of the Code of Virginia, relating to wetland and stream mitigation banks; proximity of impacted site.

21102632D

H.B. 2030

Patron: Krizek

Neonicotinoid pesticides; notice; civil penalty. Prohibits any person from applying an aerosolized neonicotinoid insecticide for personal use unless the person (i) is certified or under the direct supervision of a certified applicator or (ii) provides 24 hours' notice to the owner of any managed beehive within the line of sight of the application area. A person who violates the prohibition shall be subject to a civil penalty of $100.

A BILL to amend the Code of Virginia by adding a section numbered 3.2-3929.1, relating to neonicotinoid pesticides; civil penalty.

21103859D

H.B. 2068

Patron: Rasoul

Local Food and Farming Infrastructure Grant Program. Establishes the Local Food and Farming Infrastructure Grant Program and authorizes the Governor to award grants to political subdivisions from the Governor's Agriculture and Forestry Industries Development Fund as part of the Program. Such grants, in amounts up to $25,000, shall be awarded on a competitive basis to support infrastructure development projects that support local food production and sustainable farming. The bill directs the Secretary of Agriculture and Forestry to develop guidelines for the Program that favor projects that establish or maintain farmers markets; businesses or organizations that manage the aggregation, distribution, and marketing of food products primarily from local and regional producers; and primarily locally owned processing facilities.

A BILL to amend and reenact §§ 3.2-303, 3.2-304, and 3.2-310 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3.1 of Title 3.2 a section numbered 3.2-311, relating to Local Food and Farming Infrastructure Grant Program.

21102653D

H.B. 2078

Patron: Marshall

Industrial hemp; federal hemp producer license; emergency. Updates Virginia's industrial hemp laws to address the new hemp producer license issued by the U.S. Department of Agriculture. The bill changes drug laws to exclude the industrial hemp possessed by a federally licensed hemp producer from the definition of "marijuana" and to exclude certain amounts of tetrahydrocannabinol (THC) in such industrial hemp from the prohibition on THC. The bill exempts federally licensed hemp producers from state industrial hemp registration requirements and adds such producers to the list of those eligible to receive funds from the Tobacco Indemnification and Community Revitalization Fund.

The bill provides that no grower, agent of such grower, or federally licensed producer shall be prosecuted for possession of industrial hemp or Cannabis sativa with a THC concentration that does not exceed the concentration established in certain federal regulations and prohibits the Commissioner of Agriculture and Consumer Services from deeming a grower negligent if the grower makes reasonable efforts to grow industrial hemp but grows Cannabis sativa with a THC concentration that does not exceed the concentration established in federal regulations.

The bill makes other changes to industrial hemp laws, including (i) limiting the application fee for registration of growers, dealers, and producers to $250; (ii) excluding from the definition of "dealer" any retail establishment that sells a completed product containing industrial hemp; (iii) making optional the monitoring and random testing of industrial hemp by the Commissioner and authorizing the random sampling of such hemp; (iv) removing the requirement that the Attorney General of the United States be notified when a Virginia grower, dealer, or processor exceeds the federal THC limit; and (v) directing the Commissioner to adopt regulations establishing a fee structure for registration.

Finally, the bill exempts employees of the Virginia Department of Agriculture and Consumer Services from prosecution for possession or distribution of industrial hemp when possession is necessary in the performance of their duties. The bill contains an emergency clause.

A BILL to amend and reenact §§ 3.2-4112, 3.2-4113, 3.2-4114.2, 3.2-4115, 3.2-4116, 3.2-4118, 3.2-4119, 18.2-247, 18.2-251.1:3, 54.1-3401, and 54.1-3446 of the Code of Virginia, relating to industrial hemp; emergency.

21103954D

EMERGENCY

H.B. 2129

Patron: Lopez

Chesapeake Bay; wastewater treatment; Enhanced Nutrient Removal Certainty Program. Requires the State Water Control Board to adopt regulations establishing a Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program (ENRC Program), consisting of a number of total nitrogen and total phosphorous waste load allocation reductions assigned to particular water treatment facilities with schedules for compliance. The bill provides that the ENRC Program shall operate in lieu of certain Chesapeake Bay waste load regulations. The bill directs the Board to modify affected discharge permits to incorporate the provisions of the ENRC Program and requires certain compliance plans due from treatment works beginning February 1, 2023, to address the requirements of the ENRC Program.

The bill provides that the funding of certain design and installation costs for implementing nutrient upgrades pursuant to the ENRC Program shall be eligible for grants from the Water Quality Improvement Fund. The bill lists the projects and the total nitrogen or total phosphorus waste load allocation reductions that specified facilities are to complete. The bill provides that when grants to finance nutrient removal technology reach a sum sufficient to fund the completion of the ENRC Program at all publicly owned treatment works, certain General Assembly committees shall review funding needs and mechanisms.

Finally, the bill provides that the priority projects and waste load allocation reductions that it sets forth shall be deemed to implement goals of the Chesapeake Bay Phase III Watershed Implementation Plan (WIP). It authorizes the Secretary of Natural Resources to develop an additional watershed implementation plan if he determines on or after July 1, 2026, that the Commonwealth has not achieved or will not be able to maintain the nitrogen pollution reduction commitments it made in the Phase III WIP.

A BILL to amend and reenact §§ 10.1-1186.01, 62.1-44.19:13, and 62.1-44.19:14 of the Code of Virginia, relating to Chesapeake Bay Phase III Watershed Improvement Plan; nutrient removal; regulations.

21103828D

H.B. 2148

Patron: Willett

Small renewable energy projects; energy storage. Includes in the definition of a "small renewable energy project" certain energy storage facilities and projects that include storage facility components. Such facilities are eligible for special permitting, review, and inspection requirements. The bill directs the Department of Environmental Quality to promulgate initial regulations to implement the provisions of the bill by January 1, 2022.

A BILL to amend and reenact 10.1-1197.5 of the Code of Virginia, relating to small renewable energy projects; energy storage.

21102904D

H.B. 2159

Patron: Guy

Release of balloon prohibited; civil penalty. Prohibits any individual 16 years of age or older or other person, including a corporation, from intentionally releasing, discarding, or causing to be released or discarded any nonbiodegradable balloon outdoors and provides that any person convicted of such violation is liable for a civil penalty of $25 per balloon, to be paid into the Game Protection Fund. The bill provides that if a person under the age of 16 releases a balloon at the instruction of an adult, the adult shall be liable for the civil penalty. Current law prohibits a person from knowingly releasing 50 or more such balloons within an hour and sets the civil penalty at $5 per balloon, with the proceeds deposited into the Lifetime Hunting and Fishing Endowment Fund.

A BILL to amend and reenact § 29.1-556.1 of the Code of Virginia, relating to release of balloon; prohibition; civil penalty.

21102435D

H.B. 2187

Patron: Hodges

Commonwealth Center for Recurrent Flooding Resiliency; development of Flood Resiliency Clearinghouse Program. Directs the Commonwealth Center for Recurrent Flooding Resiliency (the Center) to evaluate the development of a Flood Resiliency Clearinghouse Program and to work with the Department of Conservation and Recreation to evaluate solutions that manage both water quality and flooding and emphasize nature-based solutions. The bill requires the Center to report its findings by November 1, 2021.

A BILL to direct study topics for the Commonwealth Center for Recurrent Flooding Resiliency.

21103241D

H.B. 2203

Patron: Filler-Corn

Virginia Agriculture Food Assistance Program and Fund; established. Requires the Commissioner of Agriculture and Consumer Services (the Commissioner) to establish the Virginia Agriculture Food Assistance Program (VAFA Program) for Virginia farmers and food producers to donate, sell, or otherwise provide agriculture products to charitable food assistance organizations. The bill also creates the Virginia Agriculture Food Assistance Fund to disburse moneys to such charitable food assistance organizations to reimburse farmers or food producers for any costs associated with harvesting, processing, packaging, or transporting agriculture products donated to such charitable food assistance organizations. The bill authorizes the Commissioner to adopt guidelines and regulations to carry out the VAFA Program.

A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 47.1, consisting of sections numbered 3.2-4780 through 3.2-4783, relating to the Virginia Agriculture Food Assistance Program and Fund; established.

21102121D

H.B. 2221

Patron: Hayes

Environmental permits; community and environmental justice outreach. Requires the applicant for any (i) new or major modified stationary air pollution source, (ii) new landfill or transfer station, (iii) certification of site approval for a hazardous waste facility, (iv) new individual Virginia Pollutant Discharge Elimination System permit, (v) new individual Virginia Water Protection permit, (vi) new individual Virginia Stormwater Management Program permit, (vii) new individual Virginia Pollution Abatement permit, or (viii) individual ground water withdrawal permit for a new ground water withdrawal to complete certain public notice requirements, including (a) holding a public hearing; (b) publishing notices in English and Spanish in a newspaper, on social media, and on signage at the site location at least 60 days prior to such public meeting; (c) mailing notices to interested parties; (d) accepting written comments; (e) transcribing meeting information; and (f) responding to community concerns to the satisfaction of the Department of Environmental Quality.

The bill removes an exemption for applicants for a permit to operate a new captive industrial landfill or a new construction-demolition-debris landfill from certain provisions relating to new landfills or transfer stations. The bill also removes an exemption from certain public notice requirements granted to local government or public authority applicants for a permit to operate a landfill or transfer station.

 A BILL to amend and reenact § 10.1-1408.1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 10.1-1321.2 and 10.1-1437.1, by adding in Article 1 of Chapter 3.1 of Title 62.1 a section numbered 62.1-44.6:1, and by adding a section numbered 62.1-266.1, relating to environmental permits; community and environmental justice outreach.

21104396D

H.B. 2250

Patron: Kory

Humane Cosmetics Act; civil penalties. Prohibits a cosmetics manufacturer from: (i) conducting or contracting for cosmetic animal testing that occurs in the Commonwealth on or after January 1, 2022, (ii)manufacturing or importing for profit into the Commonwealth any cosmetic or ingredient thereof, if the cosmetics manufacturer knew or reasonably should have known that the cosmetic or any component thereof was developed or manufactured using cosmetic animal testing that was conducted on or after January 1, 2022; or (iii) beginning July 1, 2022, selling or offering for sale within the Commonwealth any cosmetic, if the cosmetics manufacturer knows or reasonably should know that the cosmetic or any component thereof was developed or manufactured using cosmetic animal testing that was conducted on or after January 1, 2022. Violations are subject to a civil penalty of up to $5,000 and an additional $1,000 for each day the violation continues. The bill preempts any local regulation on cosmetic animal testing.

 A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 52, consisting of sections numbered 59.1-571 through 59.1-574, relating to Humane Cosmetics Act; civil penalties.

21103784D

H.B. 2275

Patron: Gooditis

Food and drink permit requirements; regulations. Directs the Commissioner of Agriculture and Consumer Services (the Commissioner), after conducting the required inspection, to issue a permit for the operation of any food manufacturer, food storage warehouse, or retail food establishment. The bill prohibits the operation of such manufacturer, warehouse, or establishment without a permit unless the inspection finds no significant health hazard and the business is awaiting receipt of its permit, which shall be processed within 30 days of the inspection. The bill authorizes the Commissioner to deny, suspend, or revoke such permit for certain violations and authorizes the Commissioner to suspend such permit and seek an expedited informal fact-finding proceeding if conditions exist that present a significant and immediate public health hazard.

The bill requires the Commissioner to issue a permit to any manufacturer, warehouse, or establishment that is legally operating on July 1, 2021, and has satisfactorily completed its most recent inspection. The bill also authorizes the Board of Agriculture and Consumer Services to adopt regulations to administer the permitting process and directs the Commissioner to develop a written appeal process for use when a permit is suspended.

A BILL to amend and reenact §§ 3.2-5100, 3.2-5101, 3.2-5130, and 15.2-2288.6 of the Code of Virginia, relating to food and drink permit requirements.

21103877D

H.B. 2302

Patron: Wyatt

Farmers market food and beverage sales considered essential during state of emergency. Provides that any Commonwealth-based seller at a farmers market of food or beverage products, and the farmers market in which it is located, shall be considered an essential business to the same extent as grocery stores if such stores are allowed to remain open as essential businesses during a state of emergency declared by the Governor.

A BILL to require that farmers market food and beverage sales be considered essential during a declared state of emergency.

21103106D

H.B. 2311

Patron: Runion

Objects of antiquity; removal from battlefield; penalty. Adds land owned by a battlefield preservation organization and land on which such organization holds an easement to the category of lands on which it is unlawful to intentionally damage, disturb, or remove any object of antiquity. Current law prohibits such acts on any designated state archaeological site or on state-controlled land and provides that a violation of the prohibition is a Class 1 misdemeanor.

A BILL to amend and reenact §§ 10.1-2300 and 10.1-2306 of the Code of Virginia, relating to state archaeological sites; battlefields.

21102961D