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2022 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chair: J. Chapman Petersen

Clerk: Sean Sukol, Warda Asif
Staff: Lisa Wallmeyer
Date of Meeting: January 25, 2022
Time and Place: 30 min. post-adjourn/Senate Room A. Register to speak at GA site:
http://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 28

Patron: Marsden

Economic development; Virginia Business Ready Sites Program Fund created. Establishes the Virginia Business Ready Sites Program Fund (the Fund). The Fund would be administered by the Governor and the Virginia Economic Development Partnership Authority and would provide grants to political subdivisions to prepare sites for industrial or commercial development. The bill repeals existing law that created the Major Employment and Investment Project Site Planning Grant Fund and provides that any remaining funds would be allocated to the Fund. The bill also authorizes grants from the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund for site remediation and requires the prioritization of sites with potential for redevelopment and economic benefits to the surrounding community.

A BILL to amend and reenact § 10.1-1237 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 2.2-2240.2:1, and to repeal § 2.2-2240.2 of the Code of Virginia, relating to economic development; Virginia Business Ready Sites Program Fund created.

22100242D

S.B. 50

Patron: Cosgrove

De minimis subaqueous disturbances; no permit required. Provides that a de minimis subaqueous disturbance of 10 square feet or less for purposes of placing a pile shall not require a permit.

A BILL to amend and reenact § 28.2-1203 of the Code of Virginia, relating to de minimis subaqueous disturbances; no permit required.

22100622D

S.B. 146

Patron: Suetterlein

Prepared foods; certified food protection managers. Provides that an establishment that sells prepared food shall not be required to have a certified food protection manager on site during all hours of operation.

A BILL to amend the Code of Virginia by adding a section numbered 3.2-5116.1, relating to prepared foods; certified food protection manager.

22100724D

S.B. 248

Patron: Surovell

Composting; anaerobic digestion. Clarifies that composting, for the purposes of fertilizer law, includes anaerobic digestion. Anaerobic digestion is defined in the bill as the controlled anaerobic biological decomposition of organic waste materials to produce biogas and digestate.

A BILL to amend and reenact § 3.2-3600 of the Code of Virginia, relating to composting; anaerobic digestion.

22103305D

S.B. 249

Patron: Surovell

Sexual abuse of animals; penalty. Provides that any person who knowingly (i) engages in sexual contact with an animal; (ii) causes another person by force, threat, or intimidation to engage in sexual contact with an animal; (iii) advertises, solicits, offers, sells, purchases, or possesses an animal with the intent that the animal be subject to sexual contact; (iv) permits sexual contact with an animal to be conducted on any premises under his ownership or control; (v) produces, distributes, publishes, sells, transmits, finances, possesses with the intent to distribute, publish, sell, or transmit, or makes any attempt to produce, distribute, publish, sell, transmit, or finance an obscene item depicting a person engaged in sexual contact with an animal is guilty of a Class 6 felony. The bill also provides that any person convicted of sexual abuse of an animal may be prohibited from possessing, owning, or exercising control over any animal for a period of up to five years and may be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-361.01, relating to sexual abuse of animals; penalty.

22100190D

S.B. 250

Patron: Surovell

Nonhazardous solid waste fees. Increases the annual fees for nonhazardous solid waste management facilities and indexes the fees annually based on the change in the Consumer Price Index.

A BILL to amend and reenact §§ 10.1-1402.1 and 10.1-1402.1:1 of the Code of Virginia, relating to nonhazardous solid waste fees.

22103053D

S.B. 272

Patron: Hashmi

Lower carbon concrete; report. Provides a performance bonus for contractors to utilize approved lower carbon concrete products in projects with the Department of General Services (DGS) and the Department of Transportation (VDOT). The bill directs the Department of Environmental Quality to develop, in conjunction with DGS and VDOT, the baseline for determining if a concrete product is lower carbon concrete. The bill requires VDOT and DGS to report annually to the Governor and the General Assembly concerning the use of the performance bonus. The bill also creates a nonrefundable tax credit for taxable years beginning on and after January 1, 2022, but before January 1, 2026, for certain technology implementation costs incurred by concrete producers in the production of lower carbon concrete equal to the amount actually paid by the producer for the technology implementation, up to a maximum of $5,000.

A BILL to amend and reenact § 10.1-1186 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-1135.1 and 33.2-276.1 and by adding in Article 13 of Chapter 3 of Title 58.1 a section numbered 58.1-439.12:13, relating to lower carbon concrete; report.

22101529D

S.B. 292

Patron: Deeds

Scenic river designation; Maury River. Extends the portion of the Maury River previously designated as a state scenic river by an additional 23.2 miles.

A BILL to amend and reenact § 10.1-418.10 of the Code of Virginia, relating to scenic river designation; Maury River.

22100539D

S.B. 305

Patron: Deeds

Food manufacturers operating in historic buildings. Authorizes the Commissioner of the Department of Agriculture and Consumer Services to exempt food manufacturers operating in historic buildings from certain laws and regulations related to the structure of a building if the food manufacturer is deemed to be producing food products that are low risk of being adulterated.

A BILL to amend and reenact § 3.2-5100 of the Code of Virginia, relating to food manufacturers operating in historic buildings.

22102722D

S.B. 358

Patron: Stuart

Seafood Industry Employment Ombudsman; office created. Directs the Commissioner of Marine Resources to appoint a Seafood Industry Employment Ombudsman (the Ombudsman) and establish an Office of the Seafood Industry Employment Ombudsman (the Office) to assist employees and employers in the seafood industry in understanding their rights and the processes available to them, including rights and processes available according to the laws and regulations governing temporary worker visas.

The bill requires that the Ombudsman is an attorney and provides that the Ombudsman and Office personnel are immune from civil liability in their performance of their duties. The bill also requires the Office to maintain the confidentiality of records and exempts confidential materials and communications from mandatory disclosure under the Virginia Freedom of Information Act. Finally, the bill authorizes the Marine Resources Commission to adopt regulations necessary to carry out the provisions of the bill.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 28.2 a section numbered 28.2-105.1, relating to Seafood Industry Employment Ombudsman.

22100238D

S.B. 482

Patron: McClellan

Consultation with federally recognized Tribal Nations; permits and reviews with potential impacts on environmental, cultural, and historic resources. Requires the Department of Conservation and Recreation, the Department of Environmental Quality, the Department of Historic Resources, and the Virginia Marine Resources Commission to establish policies and procedures for consulting with federally recognized Tribal Nations in the Commonwealth when evaluating certain permits and reviews with potential impacts on environmental, cultural, or historic resources or that would have tribal implications, as defined in the bill. The bill directs the Secretary of the Commonwealth to designate an Ombudsman for Tribal Consultation to facilitate communication and consultation with Tribal Nations. The bill codifies Executive Order 82 (2021).

A BILL to amend and reenact §§ 2.2-401.01, 5.1-7, 10.1-1003, 10.1-1188, 10.1-2206.1, 10.1-2214, 10.1-2305, 56-46.1, and 62.1-266 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 10.1-104.02, 10.1-1186.3:1, 10.1-2205.1, and 28.2-104.01, relating to consultation with federally recognized Tribal Nations; permits and reviews with potential impacts on environmental, cultural, and historic resources.

22104201D

S.B. 492

Patron: McDougle

Snare traps; prohibition. Prohibits the use of snare traps to hunt or kill game animals.

A BILL to amend the Code of Virginia by adding a section numbered 29.1-528.3, relating to use of snare traps; prohibition.

22100901D

S.B. 504

Patron: Lewis

Coastal Resilience Master Plan Technical Advisory Committee; established. Establishes the Coastal Resilience Master Plan Technical Advisory Committee (TAC) to provide independent advice and recommendations to the Office of the Governor and relevant executive branch agencies related to coastal resilience and the development and implementation of the Coastal Resilience Master Plan (the Master Plan). The bill provides that the TAC shall support the Chief Resilience Officer and the Special Assistant to the Governor for Coastal Adaptation and Protection in evaluating coastal adaptation and protection project proposals, facilitating project implementation, and developing updates to the Master Plan. Under the bill, the TAC is composed of representatives of state agencies, coastal planning district commissions and other regional commissions, and academic advisors, among others. Members shall serve at the pleasure of the Governor.

A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 6 of Title 10.1 a section numbered 10.1-660, relating to Coastal Resilience Master Plan Technical Advisory Committee; established.

22101834D

S.B. 506

Patron: Lewis

Flood resiliency and protection. Implements recommendations from the first Virginia Coastal Resilience Master Plan. The bill provides guidelines for the development of a flood protection plan for the Commonwealth and requires that the Coastal Resilience Master Plan be updated by November 1, 2022, and every five years thereafter. The bill establishes the Virginia Coastal Resilience Technical Advisory Committee to assist with the updates and requires the development of a community outreach and engagement plan to ensure meaningful involvement by affected community residents. The bill also requires that the Chief Resilience Officer report every two years, beginning July 1, 2023, on the status of flood resilience in the Commonwealth.

A BILL to amend and reenact §§ 2.2-222.4, 10.1-602, 10.1-658, and 10.1-659 of the Code of Virginia, relating to flood resiliency and protection.

22101849D

S.B. 509

Patron: Stuart

Right to aquaculture. Provides that the right to use and occupy the ground for the terms of a lease in Chesapeake Bay waters includes the right to propagate shellfish by whatever legal means necessary.

A BILL to amend and reenact § 28.2-618, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to right to aquaculture.

22101827D

S.B. 537

Patron: Marsden

Powers of local government; trees during development process; replacement and conservation. Expands to all localities provisions that currently only allow certain localities to adopt an ordinance providing for the planting and replacement of trees during the development process. The bill adds more flexibility for implementation and management of tree canopy banks, tree canopy credits, and tree canopy requirements. The bill changes and updates standards, reference documents, and published reference texts. The bill expands options for localities to disburse funds to charitable organizations. The bill adds percentage specifications for ordinances related to cemeteries. The bill removes the prohibition of invalidating local ordinances adopted before July 1, 1990, the allowance of 10-year minimum requirements for pre-1990 ordinances, and the inability to invalidate an ordinance adopted pursuant to the section relating to the replacement of trees during development process in certain localities. The bill provides guidelines for the Stakeholder Advisory Group, established by the bill to provide recommendations on the provisions of the bill, and its meetings; exemptions from the Administrative Process Act, section-specific definitions for public comment; and the Virginia Freedom of Information Act. The main provisions of the bill have a delayed enactment date of January 1, 2023; the remaining provisions are effective in due course.

A BILL to amend and reenact §§ 15.2-961 and 15.2-961.1 of the Code of Virginia, relating to powers of local government; replacement and conservation of trees during development process.

22102580D

S.B. 545

Patron: Marsden

Registration fees for motor vehicles; state park access fee. Imposes a $5 state park access fee to be collected at the time other vehicle registration fees are paid and to be deposited into the State Park Conservation Resources Fund. Under the bill, a person who shows proof of payment of the fee is not required to pay any additional fees for access to a state park.

A BILL to amend and reenact §§ 10.1-200.3, 10.1-202, 46.2-686, and 46.2-694, as it is currently effective and as it may become effective, of the Code of Virginia, relating to registration fees for motor vehicles; state park access fee.

22100223D

S.B. 551

Patron: Marsden

Flood resiliency and protection. Implements recommendations from the first Virginia Coastal Resilience Master Plan. The bill provides guidelines for the development of a Virginia Flood Protection Master Plan for the Commonwealth and requires that the Coastal Resilience Master Plan be updated by December 31, 2022, and every five years thereafter. The bill establishes the Virginia Coastal Resilience Technical Advisory Committee to assist with the updates and requires the development of a community outreach and engagement plan to ensure meaningful involvement by affected and vulnerable community residents. The bill also requires that the Chief Resilience Officer report every two years, beginning July 1, 2023, on the status of flood resilience in the Commonwealth.

A BILL to amend and reenact §§ 2.2-222.4, 10.1-602, 10.1-658, and 10.1-659 of the Code of Virginia, relating to flood resiliency and protection.

22103100D

S.B. 569

Patron: Kiggans

Coastal Virginia Resiliency Authority; established. Establishes the Coastal Virginia Resiliency Authority (the Authority) as a body politic and corporate, a political subdivision of the Commonwealth. The bill provides that the Authority shall be governed by a 17 member Board of Directors as follows: (i) the Secretary of Natural and Historic Resources or his designee; (ii) the Secretary of Transportation or his designee; (iii) the Chair of the Senate Committee on Agriculture, Conservation and Natural Resources or his designee; (iv) the Chair of the House Committee on Agriculture, Chesapeake and Natural Resources or his designee; (v) two members of the Senate appointed by the Senate Committee on Rules; (vi) two members of the House of Delegates appointed by the Speaker of the House; (vii) an Officer, defined in the bill, from the each of the Hampton Roads, Crater, Richmond Region, Middle Peninsula, Northern Neck, and Accomack-Northampton Planning District Commissions selected by the Governor; and (viii) three nonlegislative members who reside in the Hampton Roads, Crater, Richmond Region, Middle Peninsula, Northern Neck, or Accomack-Northampton Planning District Commissions appointed by the Joint Rules Committee. Certain portions of the bill have a delayed effective date of January 1, 2023.

A BILL to amend and reenact § 10.1-603.25 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 22 of Title 2.2 an article numbered 13, consisting of sections numbered 2.2-2377 through 2.2-2387, relating to Coastal Virginia Resiliency Authority; established.

22103952D

S.B. 629

Patron: Stuart

Season for taking oysters. Extends from March 1 to March 31 the season for taking oysters from public oyster beds, rocks, or shoals.

A BILL to amend and reenact § 28.2-506 of the Code of Virginia, relating to season for taking oysters.

22103341D