Oyster planting grounds; municipal dredging projects. (HB2047)

Introduced By

Del. Chris Stolle (R-Virginia Beach) with support from co-patron Del. Alfonso Lopez (D-Arlington)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Oyster-planting grounds; municipal dredging projects; compensation. Extends the duration of an exception, for municipal dredging, to the right of a person to lease oyster-planting grounds, and establishes a procedure for determining compensation to such a leaseholder when his grounds are disturbed by such a dredging project. The bill extends from 2019 to 2035 the sunset date for an exception to the leaseholder's right that allows certain municipal dredging projects to take place in the Lynnhaven River. The bill provides that when such a dredging project is proposed for leased grounds that are subject to beneficial use as oyster-planting grounds, the Commissioner of Marine Resources (the Commissioner) shall review the project to ensure that it avoids affecting such grounds to the maximum extent practicable and, if the project meets such standard, the Commissioner shall notify any leaseholder within the footprint of the proposed navigation channel, requesting a response within 60 days. The bill then requires the locality to compensate the lessee for the use of the ground by coming to a voluntary agreement or entering into mediation if no agreement is made in 90 days. If the lessee refuses mediation or cannot come to an agreement with the locality within nine months of the offer of mediation, a court of competent jurisdiction shall determine and order fair compensation to the lessee. Finally, the Commission shall hold a hearing on the proposed project. If the compensation has been determined and the project has been approved by the Commission, the Commissioner shall issue the permit for the project. The bill contains technical amendments. Amends § 28.2-618, of the Code of Virginia. Read the Bill »

Status

01/07/2019: Awaiting a Vote in the Agriculture, Chesapeake and Natural Resources Committee

History

DateAction
01/07/2019Committee
01/07/2019Prefiled and ordered printed; offered 01/09/19 19103694D
01/07/2019Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/16/2019Impact statement from DPB (HB2047)
01/16/2019Assigned ACNR sub: Subcommittee #3
01/23/2019Subcommittee recommends reporting with amendments (9-Y 0-N)
01/23/2019Reported from Agriculture, Chesapeake and Natural Resources with amendments (22-Y 0-N) (see vote tally)
01/25/2019Read first time
01/28/2019Read second time
01/28/2019Committee amendments agreed to
01/28/2019Engrossed by House as amended HB2047E
01/28/2019Printed as engrossed 19103694D-E
01/29/2019Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/29/2019VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
01/30/2019Impact statement from DPB (HB2047E)
01/30/2019Constitutional reading dispensed
01/30/2019Referred to Committee on Agriculture, Conservation and Natural Resources
02/14/2019Reported from Agriculture, Conservation and Natural Resources (14-Y 0-N) (see vote tally)
02/18/2019Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/19/2019Read third time
02/19/2019Passed Senate (40-Y 0-N) (see vote tally)
02/22/2019Enrolled
02/22/2019Bill text as passed House and Senate (HB2047ER)
02/22/2019Impact statement from DPB (HB2047ER)
02/22/2019Signed by Speaker
02/22/2019Signed by President
03/04/2019Enrolled Bill communicated to Governor on March 4, 2019
03/04/2019G Governor's Action Deadline Midnight, March 26, 2019
03/21/2019G Approved by Governor-Chapter 735 (effective 7/1/19)
03/21/2019G Acts of Assembly Chapter text (CHAP0735)

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