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2023 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chair: J. Chapman Petersen

Clerk: Michael Jackson, Claire Dunn
Staff: Nathan Smith
Date of Meeting: January 31, 2023
Time and Place: :30 min after adj. - Senate Committee Room A / Pocahontas
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 844

Patron: Petersen

Virginia Stormwater Management Program; Virginia Erosion and Sediment Control Program; exemptions for the harvesting of forest crops. Clarifies that the exemptions for the harvesting of forest crops from the provisions of the Virginia Stormwater Management Program and the Erosion and Sediment Control Program apply only to land-disturbing activity that is silvicultural activity related to forest management or related to a conversion to bona fide agricultural or improved pasture use.

A BILL to amend and reenact §§ 62.1-44.15:34, as it is currently effective and as it shall become effective, 62.1-44.15:51, as it is currently effective, and 62.1-44.15:55, as it shall become effective, of the Code of Virginia, relating to Virginia Stormwater Management Program; Virginia Erosion and Sediment Control Program; exemptions for the harvesting of forest crops.

23102512D

S.B. 959

Patron: Hanger

Nutrient credit calculations outside the Chesapeake Bay watershed. Establishes that nutrient credits generated through stream restoration projects that are certified by the Department of Environmental Quality and located in tributaries outside of the Chesapeake Bay watershed shall be calculated using a delivery factor of 1.0, as defined in the Code.

A BILL to amend and reenact § 62.1-44.19:20, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to nutrient credit calculations outside the Chesapeake Bay watershed.

23103911D

S.B. 963

Patron: Morrissey

South Central Wastewater Authority; watershed general permit for nutrients. Directs the South Central Wastewater Authority (SCWWA) to submit a phased construction program to the Department of Environmental Quality (the Department) by August 1, 2023, which the Department shall approve by September 1, 2023, or as soon as possible thereafter. Such phased construction program for the SCWWA shall be completed as soon as possible on a schedule approved by the Department but no later than December 31, 2030. The bill also directs the Department to amend certain water quality improvement agreements and the Virginia Pollutant Discharge Elimination System permit for the SCWWA wastewater treatment facility to conform to the changes in the bill.

A BILL to amend and reenact § 62.1-44.19:14 of the Code of Virginia, relating to South Central Wastewater Authority; watershed general permit for nutrients.

23102843D

S.B. 1013

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

S.B. 1050

Patron: McPike

Permit for coal ash landfill storage; proximity to a private well prohibited. Prohibits the approval of any new or revised permit for a coal ash storage facility if such facility is located within one mile upgradient of an existing private well.

A BILL to amend the Code of Virginia by adding a section numbered 10.1-1402.05, relating to permit for coal ash landfill storage; proximity to a private well prohibited.

23102733D

S.B. 1122

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

S.B. 1129

Patron: Hanger

Chesapeake Bay Watershed Implementation Plan; effective date. Changes the contingency for the effective date of the Chesapeake Bay Watershed Implementation Plan to (i) allow consideration of a combination of point or nonpoint source pollution reduction efforts other than agricultural best management conservation practices when determining whether the Commonwealth's commitments in the Chesapeake Bay Total Maximum Daily Load Phase III Watershed Implementation Plan have been satisfied and (ii) bar such provisions from becoming effective unless the Commonwealth has fully funded the Virginia Natural Resources Commitment Fund until June 30, 2030. The bill also advances from July 1, 2026, to July 1, 2030, the contingency effective date of the Chesapeake Bay Watershed Implementation Plan. The bill requires the Department of Conservation and Recreation to submit an annual report analyzing the use of funds from the Virginia Agricultural Best Management Practices Cost-Share Program to demonstrate whether farmers or landowners are participating in the Program at levels to maximize nutrient load reductions. The bill directs each soil and water conservation district to report to the Department any recommendations for improving the disbursement of funds from the Virginia Natural Resources Commitment Fund and program efficiencies that would expedite the disbursal of such funds. Finally, the bill prohibits any regulatory action to be imposed on agricultural practices before the effective date of the Chesapeake Bay Watershed Implementation Plan.

A BILL to amend and reenact § 62.1-44.119:1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 3.8 of Title 62.1 sections numbered 62.1-44.119:2, 62.1-44.119:3, and 62.1-44.119:4, relating to Chesapeake Bay Watershed Implementation Plan; effective date.

23104207D

S.B. 1152

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

S.B. 1168

Patron: DeSteph

Virginia Erosion and Stormwater Management Act; regulations; effective date. Directs the State Water Control Board to adopt regulations to implement before July 1, 2024, the requirements of amendments to the Virginia Erosion and Stormwater Management Act enacted by the 2016 Session and amended by the 2017 Session and delays from July 1, 2018, to July 1, 2024, the effective date of the amendments made by the 2016 Session and regulations required to be adopted pursuant thereto. The bill also directs such adopted regulations to include the reduction of regulations through consolidation of duplicative requirements.

A BILL to amend and reenact the ninth enactments of Chapters 68 and 758 of the Acts of Assembly of 2016 and the tenth enactments of Chapters 68 and 758 of the Acts of Assembly of 2016, as amended by the second enactment of Chapter 345 of the Acts of Assembly of 2017, relating to Virginia Erosion and Stormwater Management Act; regulations; effective date.

23103206D

S.B. 1178

Patron: Lewis

Soil erosion control and stormwater management plans; Phase I Utility. Establishes that with regard to permanent gravel access roads associated with the construction and maintenance of electric transmission lines by a Phase I Utility, such utility is not required to obtain a General Virginia Pollutant Discharge Elimination System permit for the discharge of stormwater from construction activities if certain conditions are met and also requires such utility to provide in its annual standards and specifications reasonable assurance that such conditions will be satisfied.

A BILL to amend and reenact § 62.1-44.15:31, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to soil erosion control and stormwater management plans; Phase I Utility.

23102335D

S.B. 1230

Patron: Stanley

Animal testing facilities; noncompliance with federal laws and regulations; civil penalty. Establishes certain restrictions and civil penalties for animal testing facilities, as defined in the bill, that have received citations for noncompliance with the federal Animal Welfare Act or regulations adopted thereunder. The bill requires animal testing facilities to register annually with the Department of Agriculture and Consumer Services, to pay an annual registration fee to the Department, and to report citations received for violations of the federal Animal Welfare Act or regulations adopted thereunder to the Department.

A BILL to amend the Code of Virginia by adding in Article 13 of Chapter 65 of Title 3.2 a section numbered 3.2-6593.2, relating to animal testing facilities; noncompliance with federal laws and regulations; civil penalty.

23103508D

S.B. 1231

Patron: Lewis

Renewable energy; biomass-fired facilities; Department of Forestry advisory panel; report. Removes the renewable energy requirement for each Phase I and Phase II Utility to retire all biomass-fired electric generating units that do not co-fire with coal by December 31, 2028. The bill provides that biomass-fired facilities may qualify as renewable energy standard eligible sources provided that they have less than 52 megawatts capacity, began commercial operation before January 1, 2023, and are fueled by biomass, biomass residuals, or crops and trees planted for the purpose of use in energy production. The bill directs the Department of Forestry to convene an advisory panel to develop criteria for biomass-fired facilities beginning operation in the Commonwealth after January 1, 2023, by examining factors related to biomass use in energy generation, including policies in other states, a third-party analysis of the Commonwealth's forest resources, and benefits to the Commonwealth's hardwood forest health as a result of expanded use of biomass for electricity generation. The bill requires the Department to submit a report of the advisory panel's findings and any recommendations to the General Assembly no later than December 1, 2023.

A BILL to amend and reenact § 56-585.5 of the Code of Virginia, relating to renewable energy; biomass-fired facilities; Department of Forestry advisory panel; report.

23102338D

S.B. 1271

Patron: Boysko

Animal testing; annual report; whistle blower protections created; Animal Welfare Whistle Blower Reward Fund established; civil penalty. Requires state and private facilities using animal test methods to annually submit on or before December 1 to the Department of Agriculture and Consumer Services a report regarding the use of animals in biomedical or behavioral research for the preceding year. The bill also creates whistle blower protections for any violations of any animal care requirements and establishes the Animal Welfare Whistle Blower Reward Fund to provide monetary rewards to persons who have disclosed any such violations. Finally, the bill provides that violations will result in a civil penalty of not less than $500 nor more than $2,500.

A BILL to amend the Code of Virginia by adding in Chapter 65 of Title 3.2 an article numbered 13.1, consisting of sections 3.2-6593.2 through 3.2-6593.7, relating to animal testing; annual report; whistle blower protections created; Animal Welfare Whistle Blower Reward Fund established; civil penalty.

23101434D

S.B. 1365

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

S.B. 1392

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

S.B. 1438

Patron: Stuart

Agricultural land; ownership by foreign governments prohibited; report; emergency. Prohibits any foreign government, as defined in the bill, from purchasing, acquiring, leasing, or holding any interest in agricultural land, as defined in federal law, beginning January 1, 2023, and requires the Department of Agriculture and Consumer Services to compile a report annually with certain information regarding ownership of land by foreign governments and submit such report to the Governor and General Assembly. The bill contains an emergency clause.

A BILL to amend the Code of Virginia by adding in Title 55.1 a chapter numbered 5.1, consisting of sections numbered 55.1-507, 55.1-508, and 55.1-509, relating to agricultural land; ownership by foreign governments prohibited; report; emergency.

23103697D

EMERGENCY

S.B. 1501

Patron: Stuart

Department of Environmental Quality regulations; civil penalties; written notice of violation. Requires the Department of Environmental Quality, prior to assessing any civil penalty against any person for an alleged violation of regulations adopted by the State Air Pollution Control Board, the Virginia Waste Management Board, or the State Water Control Board, to inform such person in writing of the alleged violation, the potential penalties, and the actions necessary to achieve compliance and remediate the alleged violation. Such person shall be allowed 30 days to take such actions and to provide any additional, relevant facts to the Department, including facts that demonstrate a good-faith attempt to achieve compliance.

A BILL to amend the Code of Virginia by adding a section numbered 10.1-1184.2, relating to Department of Environmental Quality regulations; civil penalties; written notice of violation.

23104475D