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2024 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources

Chair: David W. Marsden

Clerk: Michael Jackson,Ashleigh Hynst
Staff: Nathan Smith
Date of Meeting: January 30, 2024
Time and Place: 30 mins. after adj. / Senate Room A (305) - GAB
***Update: Added - SB411

S.B. 243

Patron: McPike

Department of Environmental Quality; PFAS; identification; monitoring; PFAS Advisory Committee established; report. Requires the owner or operator of a publicly owned treatment works to monitor PFAS levels, as defined in the bill, in effluent, influent, and biosolids at least quarterly and report all such monitoring data on an applicable discharge monitoring report required by federal regulations. The bill requires the Department of Environmental Quality (the Department), in certain circumstances, to develop a PFAS action plan to identify and address sources of certain PFAS detected in a public water system's raw water source, perform outreach efforts regarding PFAS contamination, report annually on its activities, and work with certain entities in developing its PFAS action plans. The bill requires certain facilities that manufacture or use PFAS to report the use of such chemicals to the Department and to monitor such PFAS at least quarterly unless at another frequency at the direction of the Director of the Department. The bill also directs the Department and the Virginia Department of Health to jointly establish a PFAS Advisory Committee to assist with PFAS-related activities and appoint such committee's members to include legislative members and a wide range of nonlegislative citizen members and to report annually to the Governor and the General Assembly on the Committee's activities and recommendations.

A BILL to amend the Code of Virginia by adding in Chapter 3.1 of Title 62.1 an article numbered 13, consisting of sections numbered 62.1-44.34:29 through 62.1-44.34:33, relating to Department of Environmental Quality; PFAS; identification; monitoring; PFAS Advisory Council established; report.

24104761D

S.B. 267

Patron: DeSteph

Local wetlands boards; permit application approval. Changes the standard for approval of a wetlands permit application from three members of a five-member wetlands board or four members of a seven-member wetlands board to a simple majority of those board members present and voting. The bill also changes the standard for approval of a coastal primary sand dune permit application from three members of a five-member wetlands board or four members of a seven-member wetlands board to a simple majority of a quorum of such board. The bill requires certain localities to amend the related ordinances to conform to the provisions of the bill no later than January 1, 2025.

A BILL to amend and reenact §§ 28.2-1302 and 28.2-1403 of the Code of Virginia, relating to local wetlands boards; permit application approval.

24104507D

S.B. 275

Patron: DeSteph

Marine Resources Commission; certain permits in the Lynnhaven River and its tributaries prohibited. Prohibits the Marine Resources Commission from issuing any permit for any floating oyster cage in a water column, rack-and-bag, or other similar apparatus for oyster aquaculture in the Lynnhaven River or its tributaries.

A BILL 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; certain permits in the Lynnhaven River and its tributaries prohibited.

24102055D

S.B. 298

Patron: French

Tax credit for purchase of conservation tillage and precision agricultural application equipment; sunset date. Extends the sunset date of the individual and corporate tax credit for purchase of conservation tillage and precision agricultural application equipment from January 1, 2026, to January 1, 2030.

A BILL to amend and reenact §§ 58.1-337 and 58.1-436 of the Code of Virginia, relating to tax credit for purchase of conservation tillage and precision agricultural application equipment; sunset date.

24102322D

S.B. 337

Patron: Stuart

Eastern Virginia Groundwater Management Area; continued residential withdrawals. Directs the State Water Control Board to waive the expiration of any ground water withdrawal permit for a well that serves exclusively residential users, is located in the Eastern Virginia Groundwater Management Area north of the Occoquan River, and is located within five miles of any commercial or industrial permitted ground water withdrawal. The bill provides that such waiver shall continue in force until the commercial or industrial permitted ground water withdrawals have been halted for five years. The Department of Environmental Quality shall then assess whether the termination of the commercial or industrial permitted ground water withdrawals has substantially mitigated the stress upon the aquifer and redetermine whether the permit for the residential well shall be renewed.

A BILL to amend the Code of Virginia by adding a section numbered 62.1-262.2, relating to Eastern Virginia Groundwater Management Area; continued residential withdrawals.

24101713D

S.B. 411

Patron: Boysko

Animal testing facilities; public notification. Requires any animal testing facility, contract testing facility, or manufacturer that uses an animal test method to annually make publicly available certain information relating to animal testing by displaying a link to access such information on the home page or landing page of any such facility's or manufacturer's website. The bill also provides that when documents generated from internal reviews pertain to violations of federal animal welfare regulations and guidelines and are the subject of a request for information pursuant to the Virginia Freedom of Information Act, an animal testing facility shall not charge more than $25 to produce such documents.

A BILL to amend and reenact § 3.2-6593.2 of the Code of Virginia, relating to animal testing facilities; public notification.

24102885D

S.B. 412

Patron: Boysko

Off-premises animal vaccination and microchip services; releasing agencies. Authorizes releasing agencies, in conjunction with rabies clinics conducted pursuant to state law, to administer certain vaccinations for dogs and cats and insert microchips into animals, provided that all vaccinations and microchips are administered in accordance with a protocol approved by a licensed veterinarian. Any such releasing agencies must (i) provide the owner or custodian of the animal with an individual record of the vaccinations administered or the microchip type, microchip number, and location of the microchip placement; (ii) ensure that a licensed veterinary facility retains a copy of the individual record; and (iii) upon the request of an animal's owner or custodian, an animal control officer, a law-enforcement official, the State Veterinarian or his representative, or an official of the Department of Health, provide the name and contact information of the licensed veterinary facility where a copy of the individual record is retained.

A BILL to amend the Code of Virginia by adding a section numbered 3.2-6523.1, relating to off-premises animal vaccination and microchip services; releasing agencies.

24103053D

S.B. 414

Patron: Head

Tire stewardship program established; report. Requires producers of tires sold in the Commonwealth to join a tire stewardship organization on or before January 1, 2026, which must submit a plan to the Department of Environmental Quality for the establishment of an approved tire stewardship program. Such tire stewardship program shall establish a statewide collection system for discarded tires to facilitate higher rates of recycling and resale for such tires. The bill establishes reporting requirements for tire stewardship organizations and provides that the Office of the Attorney General may, at the request of the Department, enforce the provisions of the bill.

A BILL to amend the Code of Virginia by adding in Chapter 14 of Title 10.1 an article numbered 3.8, consisting of sections numbered 10.1-1425.40 through 10.1-1425.43, relating to tire stewardship program established; report.

24101817D

S.B. 453

Patron: Marsden

Emissions inspections; fees; agreement for services and interchange fees. Increases from $3,500 to $5,000 the amount the emissions inspection program coordinator may be paid per year from each motor vehicle emissions inspection station for the provision and maintenance of each set of required equipment. The bill also allows such emissions inspection stations and on-road emissions inspectors to charge a credit card interchange fee that does not exceed five percent of the emissions inspection fee and that is not included in the maximum amount that may be charged for the emissions inspection fee.

A BILL to amend and reenact §§ 46.2-1177.1 and 46.2-1182 of the Code of Virginia, relating to emissions inspections; fees; agreement for services and interchange fees.

24102095D

S.B. 457

Patron: Marsden

Driving Decarbonization Program and Fund created. Creates the Driving Decarbonization Program and Fund to assist private developers with non-utility costs associated with the installation of electric vehicle charging stations. The bill provides that a private developer is eligible to receive grants of 70 percent of such non-utility costs for electric vehicle charging stations installed in a historically economically disadvantaged community or a rural community, as those terms are defined in the bill, and 50 percent of such non-utility costs for electric vehicle charging stations installed in any other area of the Commonwealth. The bill caps the total amount of grants awarded in any fiscal year at $20 million.

A BILL to amend the Code of Virginia by adding in Chapter 17 of Title 45.2 an article numbered 10, consisting of sections numbered 45.2-1735, 45.2-1736, and 45.2-1737, relating to Driving Decarbonization Program and Fund created.

24102101D

S.B. 461

Patron: Marsden

Department of Forestry; Forest Conservation Plan required. Requires the Department of Forestry, in coordination with a stakeholder advisory group, to develop a Forest Conservation Plan no later than November 1, 2025, and update such plan every five years thereafter. The bill requires the Department to post and maintain on its website the most recent version of the Plan and submit the Plan to the Governor and Chairmen of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources no later than November 30, 2025, and November 30 every five years thereafter.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 11 of Title 10.1 a section numbered 10.1-1103.1, relating to Department of Forestry; Forest Conservation Plan required.

24103969D

S.B. 462

Patron: Marsden

Reports relating to PFAS; Department of Environmental Quality; one-time report. Requires all facilities that have engaged since January 1, 2021, in the manufacture of or knowing use in the production process of one or more chemicals listed as PFAS target analytes to produce a one-time report on the use of such chemicals. The report shall be limited to facilities that discharge to (i) a surface water under a Virginia Pollutant Discharge Elimination System permit issued by the Department of Environmental Quality (the Department) or (ii) a publicly owned treatment works under an industrial pretreatment program permit or other written authorization issued by a local permit control authority. The report shall be submitted to the Department and, if such facility discharges to a publicly owned treatment works, also to the local permit control authority no later than October 1, 2024. The bill also requires certain facilities to perform a limited PFAS discharge characterization during the one-year period from October 1, 2024, to September 30, 2025, for each waterway discharge outfall consisting of representative quarterly monitoring using the applicable laboratory test method, as specified in the bill. Such facilities shall report results to the Department and, if the facility discharges to a publicly owned treatment works, also to the local permit control authority, within 30 days after the end of each quarter.

A BILL to require certain entities to report certain information relating to PFAS to the Department of Environmental Quality.

24103970D

S.B. 465

Patron: Marsden

Virginia Land Conservation Foundation. Allows land trusts that have been accredited by the Land Trust Accreditation Commission or a similar set of standards and practices adopted by the Virginia Land Conservation Board of Trustees (the Board) to hold an interest in land other than a fee simple interest as a result of a grant or transfer from the Virginia Land Conservation Foundation (the Foundation) without a co-holder. Current law requires that certain interests in land as a result of a grant or transfer from the Foundation be held jointly by a holder and a public body. The bill also allows, whenever a holder acquires fee simple interest in land as a result of a grant or transfer from the Foundation, the Board to accept a reversionary interest in such land as an alternative to a public body holding an open space easement in such land.

A BILL to amend and reenact § 10.1-1020 of the Code of Virginia, relating to Virginia Land Conservation Foundation.

24103964D

S.B. 486

Patron: Aird

Certain natural gas pipeline expansion unlawful; Planning District 19. Prohibits the increase or expansion of any natural gas pipeline capacity in Planning District 19 (Crater Region), whether in new or existing pipelines, that uses existing compressors powered by natural gas-fired combustion turbines, diesel motors, or other technology using fossil fuels. Such prohibition shall apply to all proposed or existing compressors in Planning District 19 associated with natural gas pipelines, including those serving interstate and intrastate pipelines, regardless of size for the purpose of air pollution reduction. The bill requires the State Air Pollution Control Board to ensure that the provisions of the bill are incorporated into the Commonwealth's state implementation plan enacted pursuant to the federal Clean Air Act.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 13 of Title 10.1 a section numbered 10.1-1322.6, relating to certain natural gas pipeline expansion unlawful; Planning District 19.

24104427D

S.B. 561

Patron: Hackworth

Department of Environmental Quality; nuclear energy electrical generation facilities; permitting. Adds an electrical generation facility with a rated capacity not exceeding 300 megawatts that generates electricity only from nuclear energy located in Planning District 1 (LENOWISCO), 2 (Cumberland Plateau), 3 (Mount Rogers), or 4 (New River Valley Region) to the definition of small renewable energy project for purposes of the regulation of such projects by the Department of Environmental Quality. The bill requires the Department to limit the permitting of such facilities pursuant to the definition and directs the Department to develop the applicable permit by rule regulations for such nuclear energy projects to be effective as soon as practicable.

A BILL to amend and reenact §§ 10.1-1197.5 and 10.1-1197.6 of the Code of Virginia, relating to Department of Environmental Quality; nuclear energy electrical generation facilities; permitting.

24105064D

S.B. 580

Patron: Deeds

Department of Environmental Quality; review and authorization of projects; hearing and appeal. Allows any person aggrieved by the final decision of the Department of Environmental Quality regarding the authorization of a project and who has participated in a proceeding for a permit to construct or operate a small renewable energy project under procedures adopted by the Department to seek judicial review of such action in accordance with the Administrative Process Act in the Circuit Court of the City of Richmond within 30 days of such decision. The bill requires the court to hear and decide such action as soon as practicable after the date of filing.

A BILL to amend and reenact § 10.1-1197.7 of the Code of Virginia, relating to Department of Environmental Quality; review and authorization of projects; hearing and appeal.

24104995D

S.B. 665

Patron: DeSteph

Southwest Regional Recreation Authority; soil erosion control and stormwater management plans; land-disturbing activities. Adds the Southwest Regional Recreation Authority to the list of entities that may submit standards and specifications for its conduct of land-disturbing activities to the Department of Environmental Quality for approval by the Department as an alternative to submitting soil erosion control and stormwater management plans.

A BILL to amend and reenact § 62.1-44.15:31, as it shall become effective, of the Code of Virginia, relating to Southwest Regional Recreation Authority; soil erosion control and stormwater management plans; land-disturbing activities.

24104767D

S.B. 668

Patron: Stuart

Department of Environmental Quality; groundwater and surface water withdrawal permits; five year moratorium. Requires the Department of Environmental Quality to enforce a five-year moratorium on the issuance of any new groundwater or surface water withdrawal permits beginning July 1, 2024, except for any such permits that are for the purpose of providing drinking water for human consumption.

A BILL to require the Department of Environmental Quality to enforce a five-year moratorium on the issuance of new groundwater or surface water withdrawal permits.

24101594D

S.B. 673

Patron: Stuart

Department of Environmental Quality; State Water Control Board; prioritization of drinking water. Directs the Department of Environmental Quality and the State Water Control Board to prioritize the preservation of drinking water in all permitting and regulatory processes related to groundwater and surface water resources.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3.1 of Title 62.1 a section numbered 62.1-44.6:2, relating to Department of Environmental Quality; State Water Control Board; prioritization of drinking water.

24101597D

S.B. 674

Patron: McDougle

Virginia Coastal Resilience Collaborative at The College of William and Mary in Virginia. Changes references relating to coastal resilience policy from the Coastal Policy Center at William and Mary School of Law to the Virginia Coastal Resilience Collaborative at The College of William and Mary in Virginia to reflect the dissolution of the Coastal Policy Center. The bill also adds the Collaborative to the list of entities with whom the Secretary of Natural and Historic Resources may seek input and consultation in setting coastal resilience policies.

A BILL to amend and reenact §§ 10.1-659, 10.1-660, and 62.1-223.2 of the Code of Virginia, relating to Virginia Coastal Resilience Collaborative at The College of William and Mary in Virginia.

24105145D

S.B. 691

Patron: Obenshain

Conveyance of certain property from the Department of Corrections to the Town of Craigsville; Augusta Correctional Center. Provides for the transfer of certain property in Augusta County from the Department of Corrections to the Town of Craigsville.

A BILL to convey certain property from the Department of Corrections to the Town of Craigsville; Augusta Correctional Center.

24105267D

S.B. 698

Patron: French


Dam Safety, Flood Prevention, and Protection Assistance Fund; percentage of funds available; owner match requirements. Reduces from 50 percent to 30 percent the project match required of applicants to receive funds from the Dam Safety, Flood Prevention, and Protection Assistance Fund for grants (i) to a local government that owns a dam, (ii) to a local government for a dam located within the locality, or (iii) to a private entity that owns a dam for the design, repair, and safety modifications of such a dam if it is identified in a safety report. The bill provides that grants made from the Fund to a local government or private entity for the determination of the hazard classification for impounding structures, dam break analysis, the mapping and digitization of dam break inundation zones, incremental damage analysis, and other engineering requirements shall require no more than a 10 percent match by the applicant except that such applicant shall be required to provide a minimum of $5,000 of the cost of the project, if funded, and such match provided by such applicant may be used to pay the application fees for the necessary impounding structure operation and maintenance certificate. The bill removes the 50 percent limit on matching grants that owners of impounding structures may be eligible for from the Fund and other sources of funding available to the Director of the Department of Conservation and Recreation to assist in the development of dam break inundation zone maps and for conducting incremental damage assessments in accordance with the Virginia Impounding Structure Regulations. The bill also removes the limitation that the total amount of expenditures for grants in any fiscal year are not to exceed 50 percent of the total noninterest or income deposits made to the Fund during the previous fiscal year together with the total amount collected in interest or income from the investment of moneys in the Fund from the previous year as determined at the beginning of the fiscal year.

A BILL to amend and reenact §§ 10.1-603.19 and 10.1-606.2 of the Code of Virginia, relating to Dam Safety, Flood Prevention, and Protection Assistance Fund; percentage of funds available; owner match requirements.

24103054D

S.B. 712

Patron: Marsden

Release of hunting dogs; state highway or right-of-way. Creates a Class 3 misdemeanor for the intentional release of hunting dogs on a Department of Transportation right-of-way or on a highway owned or maintained by the Department of Transportation to hunt deer without the consent of the Department. The bill provides that a second offense is a Class 2 misdemeanor, and a third or subsequent offense is a Class 1 misdemeanor. The bill also permits the stopping of a vehicle on a highway for the retrieval of a companion animal from a highway or area adjacent to a highway.

A BILL to amend and reenact §§ 18.2-132.1 and 46.2-889 of the Code of Virginia, relating to release of hunting dogs; state highway or right-of-way.

24104947D

S.B. 730

Patron: Surovell

Nonliving shoreline stabilization structures; regulations; Marine Resources Commission. Directs the Marine Resources Commission to promulgate regulations regarding the types of repairs or maintenance to nonliving shoreline stabilization structures in existence prior to July 1, 2020, that are exempt from or require permits.

A BILL to amend and reenact § 28.2-104.1 of the Code of Virginia, relating to nonliving shoreline stabilization structures; regulations; Marine Resources Commission.

24100268D

S.B. 733

Patron: Marsden


Chief Resilience Officer of the Commonwealth; Office of Commonwealth Resilience; Interagency Resilience Working Group; Virginia Community Flood Preparedness Fund; Resilient Virginia Revolving Fund; Advisory Review Committee. Moves the position of Chief Resilience Officer (CRO) from under the Secretary of Natural and Historic Resources to under the Governor and creates an Office of Commonwealth Resilience to support the CRO in his functions and duties. The bill requires the CRO to convene an Interagency Resilience Working Group to support the coordination of planning and implementation of resilience efforts, eliminates the position of Special Assistant to the Governor for Coastal Adaptation and Protection, and requires the Director of the Department of Conservation and Recreation to convene an Advisory Review Committee to assist in the distribution of loans and grants from the Virginia Community Flood Preparedness Fund. The bill also requires the Director to convene an Advisory Review Committee to assist in the distribution of loans and grants from the Resilient Virginia Revolving Fund and adds the Secretary of Natural and Historic Resources and the CRO to the list of those with whom the Virginia Resources Authority is required to consult in directing the distribution of loans or grants from the Fund. The bill requires the Department to make available for public inspection at the office of the Department and on a publicly accessible website records of each application for grants and loans from the two Funds and the actions taken thereon. The Virginia Flood Resilience Advisory Committee replaces the Virginia Coastal Resilience Technical Advisory Committee effective February 1, 2025.

A BILL to amend and reenact §§ 2.2-215, 10.1-104.6:1, 10.1-603.25, 10.1-603.29, and 10.1-659 of the Code of Virginia; to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 4.2:3, consisting of sections numbered 2.2-435.13 and 2.2-435.14; and to repeal §§ 2.2-220.5 and 2.2-435.11 of the Code of Virginia, relating to Chief Resilience Officer of the Commonwealth; Office of Commonwealth Resilience.

24105632D