Bill Text: VA HB1830 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Resource management plans; effect of implementation, exclusions.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-04-06 - Governor: Acts of Assembly Chapter text (CHAP0781) [HB1830 Detail]

Download: Virginia-2011-HB1830-Introduced.html

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11101357D
HOUSE BILL NO. 1830 Offered January 12, 2011 Prefiled January 11, 2011 A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 3.1, consisting of sections numbered 3.2-303 and 3.2-304, relating to agriculture; resource management plans. ---------- Patrons-- Scott, E.T., Morgan and Sickles ---------- Referred to Committee on Agriculture, Chesapeake and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Title 3.2 a chapter numbered 3.1, consisting of sections numbered 3.2-303 and 3.2-304, as follows:

CHAPTER 3.1. RESOURCE MANAGEMENT PLANS.

§ 3.2-303. Resource management plans; effect of implementation; exclusions.

A. Notwithstanding any other provision of law, agricultural landowners who implement and maintain a resource management plan in accordance with § 3.2-304 shall be deemed to be in full compliance with applicable state water quality requirements including, but not limited to, the State Water Control Law (§ 62.1-44.2 et seq.) and any regulations adopted thereunder.

B. The presumption and immunity provided in subsection A shall not extend to those operations (i) required to obtain a Virginia Pollutant Discharge Elimination System Permit, (ii) required to obtain a Virginia Pollution Abatement Permit, and (iii) otherwise required by law to implement a resource management or nutrient management plan.

C. Landowners who implement and maintain a resource management plan in accordance with § 3.2-304 shall be eligible for matching grants for agricultural best management practices provided through the Virginia Agricultural Best Management Practices Cost-Share Program administered by the Department of Conservation and Recreation.

§ 3.2-304. Resource management plans; criteria.

The Board shall, by regulation and with the assistance of the Department of Conservation and Recreation, determine the criteria necessary for the development of and inclusion in a resource management plan for such plan to provide for the presumption and immunity set forth in § 3.2-303. The regulations shall be both technically achievable and economically feasible. The regulations shall:

1. For all cropland or specialty crops, include the following components as needed and based upon an individual on-farm assessment to determine which practices will result in appropriate nutrient and sediment reductions:

a. A nutrient management plan that meets the nutrient management specifications developed by the Department of Conservation and Recreation;

b. A forest or grass buffer of appropriate width to sufficiently limit sedimentation and nutrient pollution between cropland and perennial streams;

c. A soil conservation plan that achieves a maximum soil loss rate of "T," as defined by the Natural Resources Conservation Service;

d. Cover crops meeting best management practice specifications as determined by the Natural Resources Conservation Service;

e. An assessment of all best management practices currently in place, whether as part of a cost-share program or through voluntary implementation;

f. Such other best management practices as may be developed and adopted by the Board; and

g. An implementation schedule and plan.

2. For all hayland, include the following components as needed and based upon an individual on-farm assessment to determine which practices will result in needed nutrient and sediment reductions:

a. A nutrient management plan that meets the nutrient management specifications developed by the Department of Conservation and Recreation;

b. A forest or grass buffer of appropriate width to sufficiently limit sedimentation and nutrient pollution between hayland and perennial streams;

c. A soil conservation plan that achieves a maximum soil loss rate of "T," as defined by the Natural Resources Conservation Service;

d. An assessment of all best management practices currently in place, whether as part of a cost-share program or through voluntary implementation;

e. Such other best management practices as may be developed and adopted by the Board; and

f. An implementation schedule and plan.

3. For all pasture, include the following components as needed and based upon an individual on-farm assessment to determine which practices will result in needed nutrient and sediment reductions:

a. A nutrient management plan that meets the nutrient management specifications developed by the Department of Conservation and Recreation, if the pasture received any application of mechanically applied manure, poultry litter, or biosolids within the past three years or will receive such applications in the future;

b. A pasture management plan or soil conservation plan that achieves a maximum soil loss rate of "T," as defined by the Natural Resources Conservation Service;

c. An assessment of all best management practices currently in place, whether as part of a cost-share program or through voluntary implementation;

d. Such other best management practices as may be developed and adopted by the Board; and

e. An implementation schedule and plan.