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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
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2023 SESSION
Chair: J. Chapman Petersen
Clerk: Michael Jackson, Claire Dunn
Staff: Nathan Smith
Date of Meeting: January 24, 2023
Time and Place: :30 min after adj. - Senate Committee Room A / Pocahontas
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
Patron: Hanger
Cattle Industry Board; collection and disposition of assessment by handler. Extends from July 1, 2023, to July 1, 2028, the $0.50 per head assessment from the sale of cattle in the Commonwealth that is collected and deposited in the Virginia Cattle Industry Fund to support the activities of the Cattle Industry Board.
A BILL to amend and reenact § 3.2-1306 of the Code of Virginia, relating to Cattle Industry Board; collection and disposition of assessment by handler.23100790D
Patron: Stuart
Governor's Blue Catfish Industries Development Fund established. Creates the Governor's Blue Catfish Industries Development Fund. The bill establishes the Blue Catfish Industries Development Planning Grant Program and the Blue Catfish Flash Freeze Grant Program to encourage efforts by political subdivisions to support the blue catfish industry and the flash freezing of such catfish. Grants and loans will be awarded to such subdivisions to support efforts to attract value-added facilities using blue catfish. Under the program, localities may apply for grants or loans after having established a relationship with a new or expanding business that is expanding blue catfish processing, flash freezing, or value-added facilities using blue catfish.
A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 3.2, consisting of sections numbered 3.2-312 through 3.2-319, relating to Governor's Blue Catfish Industries Development Fund established.23102970D
Patron: Stuart
Oyster-planting grounds; fees. Reduces the lease application fees and lease transfer fees for general oyster-planting grounds and riparian oyster-planting grounds to $300 for leases of less than 10 acres, $400 for leases of 10 acres or more but less than 100 acres, and $500 for leases of 100 acres or more. Such fees in current law are $300 for leases of less than five acres, $500 for leases of five to 25 acres, and $1,000 for leases of more than 25 acres. The bill increases the fee for transferring a riparian planting ground assignment from $5 to $300 when ownership of such riparian assignment is transferred with ownership of the adjacent highland.
A BILL to amend and reenact §§ 28.2-601, 28.2-608, and 28.2-625 of the Code of Virginia, relating to oyster-planting grounds; fees.23101419D
Patron: Marsden
Virginia Land Conservation Board of Trustees; membership. Expands from 19 to 20 members the total membership of the Virginia Land Conservation Board of Trustees by adding an additional nonlegislative citizen member and stipulates that the 12 nonlegislative citizen members shall include one person from each of the 11 congressional districts and one member of a state-recognized or federally recognized Virginia Indian Tribe. Current law stipulates that the 11 nonlegislative citizen members shall include one person from each congressional district, at least one of which shall be a member of a state-recognized or federally recognized Virginia Indian Tribe.
A BILL to amend and reenact § 10.1-1018 of the Code of Virginia, relating to Virginia Land Conservation Board of Trustees; membership.23102253D
Patron: Mason
Waterworks and wastewater works operators; license reciprocity. Requires the Department of Professional and Occupational Regulation (the Department) to issue a reciprocal license for waterworks and wastewater works operators licensed in another state within 15 days of receipt of a complete application. Such license is to be issued, without examination, for the highest Virginia classification that is generally comparable to the applicant's existing license or certificate with appropriate credit given for an applicant's education and experience. The bill entitles an applicant to appeal the Department's denial or classification decision and directs the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals to adopt regulations to implement the provisions of the bill.
A BILL to amend and reenact § 54.1-2301 of the Code of Virginia, relating to waterworks and wastewater works operators; license reciprocity.23102292D
Patron: Stuart
Clean Energy and Community Flood Preparedness Act; repeal. Repeals the Clean Energy and Community Flood Preparedness Act and directs the Director of the Department of Environmental Quality to take all steps necessary to suspend the Commonwealth's participation in the Regional Greenhouse Gas Initiative market-based trading program.
A BILL to amend and reenact §§ 10.1-1307, 10.1-603.25 and 45.2-1701.1 of the Code of Virginia and to repeal Article 4 (§§ 10.1-1329, 10.1-1330, and 10.1-1331) of Chapter 13 of Title 10.1 of the Code of Virginia, relating to repeal of the Clean Energy and Community Flood Preparedness Act.23100514D
Patron: Edwards
State and local prohibition on single-use plastic and expanded polystyrene products. Prohibits state agencies beginning July 1, 2024, from contracting for the purchase, sale, and distribution of (i) single-use plastic bags, cutlery, straws, or water bottles and (ii) single-use plastic food service containers and expanded polystyrene food service containers, except during a declared state of emergency. The bill directs the Department of General Services to post public notice of all prohibited goods on its public procurement website. The bill also authorizes any locality to prohibit by ordinance the purchase, sale, or provision, whether free or for a cost, of (a) single-use plastic bags, cutlery, straws, or water bottles and (b) single-use plastic food service containers and expanded polystyrene food service containers, with certain exceptions enumerated in the bill.
A BILL to amend the Code of Virginia by adding sections numbered 2.2-4326.1 and 15.2-938.1, relating to state and local prohibition on single-use plastic and expanded polystyrene products.23101944D
Patron: Edwards
Waterworks; contaminants; PFAS chemicals; notification to customers. Requires a waterworks owner to notify customers when a water quality analysis reveals that perfluoroalkyl and polyfluoroalkyl substances (PFAS chemicals), as defined in the bill, are present in the water supply or when a contaminant in the water supply exceeds maximum contaminant levels established in state or federal regulations, whichever is more stringent. Such notification shall be published in a newspaper of general circulation in the affected area and mailed to all customers. Such published and mailed notifications shall include information regarding the water quality analysis, the contaminant or contaminants, potential adverse health impacts, actions to reduce the level of the contaminant or contaminants, and public contact information for the waterworks.
A BILL to amend the Code of Virginia by adding a section numbered 32.1-175.2, relating to waterworks; contaminants; PFAS chemicals; notification to customers.23101958D
Patron: McPike
Virginia Petroleum Products Franchise Act; definition of refiner. Provides that for the purposes of the Virginia Petroleum Products Franchise Act, "refiner" includes a supplier of motor fuel or any affiliate of such supplier.
A BILL to amend and reenact § 59.1-21.10 of the Code of Virginia, relating to23102724D
Patron: Stuart
Use of subaqueous beds; nontidal waters; permit requirements; penalty. Authorizes any person to build, dump, trespass, encroach upon or over, or take or use any materials from subaqueous beds that are the property of the Commonwealth, provided that such activity is conducted in nontidal waters and such person obtains a Virginia Water Protection Permit and complies with all requirements of the Virginia Water Resources and Wetlands Protection Program. A violation of the provisions of the bill is a Class 1 misdemeanor.
A BILL to amend and reenact § 28.2-1203 of the Code of Virginia, relating to use of subaqueous beds; nontidal waters; permit requirements; penalty.23101290D
Patron: Hanger
Open-space lands preservation trust fund; use of funds; conservation easements to nonprofit land trust. Allows a person conveying conservation easements to a nonprofit land trust to receive grants from the Open Space Lands Preservation Trust Fund (Fund) for costs associated with such conveyances, such as legal and appraisal costs or all or part of the value of the easements, provided that if such property interest is not compliant with the Open-Space Land Act, such person is accredited by the Land Trust Alliance at the time of the grant award. The bill provides that if such accreditation is not available at the time of the grant application, the Virginia Outdoor Foundation (Foundation) must evaluate such holder on a case-by-case basis. Under current law the Fund is only available to persons that convey a property interest to the Foundation and localities.
A BILL to amend and reenact § 10.1-1801.1 of the Code of Virginia, relating to open-space lands preservation trust fund; use of funds; conservation easements to nonprofit land trust.23102840D
Patron: Marsden
Plans and programs; drought evaluation and response plans; Potomac River. Requires the State Water Control Board to recognize service areas for water utilities in the Commonwealth that use the Potomac River as a water supply source as a distinct drought evaluation region. The bill requires the Board to incorporate certain provisions from the Metropolitan Washington Water Supply and Drought Awareness Response Plan: Potomac River System into the existing drought evaluation plans that are applicable to the Potomac River drought evaluation region.
A BILL to amend and reenact § 62.1-44.38 of the Code of Virginia, relating to plans and programs; drought evaluation and response plans; Potomac River.23104277D
Patron: Cosgrove
Wetlands; exemption for federal government agencies. Exempts federal government agencies from the provisions of Virginia law and local ordinances relating to wetlands and the Chesapeake Bay Preservation Act.
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 13 of Title 28.2 a section numbered 28.2-1301.1, relating to wetlands; exemption for federal government agencies.23102910D
Patron: Stuart
Marine Resources Commission and local wetlands boards; permit applications; public notice. Requires notices to the public for certain permit hearings relating to fisheries and habitat of the tidal waters to be posted on the Virginia Regulatory Town Hall and eliminates provisions in current law that require such notices to be published in newspapers of general circulation in the affected localities. The bill allows the Marine Resources Commission or a local wetlands board to email notice of a certain public hearing to any applicant for such permit and any other parties interested in such application and also requires such notice to be posted on the Commission or board's website at least 14 days prior to such hearing. The bill also requires localities that have adopted a coastal primary sand dune or wetlands zoning ordinance to amend any such ordinance to conform with the provisions of the bill by January 1, 2024.
A BILL to amend and reenact §§ 28.2-606, 28.2-1302, 28.2-1403, and 28.2-1408.2 of the Code of Virginia, relating to Marine Resources Commission and local wetlands boards; permit applications; public notice.23104030D
Patron: Lewis
Local regulation of materials recovery facilities. Provides that a locality may not adopt a local ordinance that would prevent or prohibit the disposal of garbage, trash, or refuse at any materials recovery facility as such term is defined in the bill.
A BILL to amend and reenact §§ 10.1-1400 and 15.2-931 of the Code of Virginia, relating to local regulation of materials recovery facilities.23102425D
Patron: Vogel
Water control; agricultural exemptions; terracing. Establishes a definition for "terrace" as used in the agricultural exemptions to the prohibition on land-disturbing activities in the Stormwater Management Act and the Erosion and Sediment Control Law. The bill provides that such exemptions do not apply to any activity that involves bringing onto the property more than 5,000 cubic yards of fill material in any 12-month period or raising the ground surface more than three feet above the existing ground surface.
A BILL to amend and reenact §§ 62.1-44.15:34, as it is currently effective and as it may become effective, 62.1-44.15:51, as it is currently effective, and 62.1-44.15:55, as it may become effective, of the Code of Virginia, relating to water control; agricultural exemptions; terracing.23102319D
Patron: Vogel
Stormwater management and erosion and sediment control; agreement in lieu of plan; farm buildings; small construction activity. Includes farm buildings in the respective definitions of an agreement in lieu of a plan in the stormwater management and erosion and sediment control laws. Current laws define an agreement in lieu of a plan to cover only single-family residences. The bill also defines small construction activity and makes other changes.
A BILL to amend and reenact §§ 62.1-44.15:24 and 62.1-44.15:28, as they are currently effective and as they may become effective, 62.1-44.15:34, as it may become effective, and 62.1-44.15:51, 62.1-44.15:55, and 62.1-44.15:58, as they are currently effective and as they may become effective, of the Code of Virginia, relating to stormwater management; streamlining; federal conformity.23103203D
Patron: Lewis
State agency compliance with flood plain management regulations. Directs the Department of Conservation and Recreation, no later than September 30, 2023, and in cooperation with numerous Secretariats and the Special Assistant to the Governor for Coastal Adaptation and Protection, to establish standards for development in a flood plain for all state agencies and departments. Such standards shall require at least compliance with the National Flood Insurance Program and shall require that any development undertaken by an agency or department on state-owned land located in a Special Flood Hazard Area be protected or flood-proofed against flooding and flood damage. The bill also requires any state agency or department, when developing a facility on state-owned property located in a flood plain, to either adhere to all flood plain management regulations or receive Department approval of compliance with the applicable state standard for development in a flood plain. Such agency or department shall document to the Department of General Services its compliance with the relevant standard. The bill allows the Department of General Services to issue a variance if no feasible alternative to developing a facility in the flood plain exists and if one of several other conditions provided in the bill is met.
A BILL to amend and reenact § 10.1-603 of the Code of Virginia, relating to state agency compliance with flood plain management regulations.23103943D
Patron: DeSteph
Marine Resources Commission; permits; navigable channels. Prohibits the Marine Resources Commission from issuing any permit for (i) the use of state-owned bottomlands that would obstruct any marked or unmarked navigable channel regularly used by boaters or (ii) any oyster reef or aquacultural float in the Lynnhaven River within 300 feet of any marked or unmarked navigable channel.
A BILL to amend and reenact § 28.2-1205 of the Code of Virginia and to amend the Code of Virginia by adding in Article 4 of Chapter 6 of Title 28.2 a section numbered 28.2-651, relating to Marine Resources Commission; permits; navigable channels.23103958D
Patron: DeSteph
Marine Resources Commission; permits; electronic notification. Requires the Commissioner of the Marine Resources Commission to ensure that for any project under consideration for a permit issued by the Commission for any floating aquaculture or oyster broodstock reef project the Commission sends public notice electronically to any business, residence, or civic organization that has requested to be added to the Commission's public notice email list.
A BILL to amend and reenact § 28.2-104 of the Code of Virginia, relating to Marine Resources Commission; permits; written notification.23104115D