Virginia 2024 Regular Session Status: Enacted

HB 892 — Farmland Preservation, Office of; transfers Office to Dept. of Forestry.

Last action — Acts of Assembly Chapter text (CHAP0146)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 26, 2024.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Department of Agriculture and Consumer Services; Department of Forestry; Office of Farmland Preservation transferred. Transfers from the Department of Agriculture and Consumer Services to the Department of Forestry the Office of Farmland Preservation and its powers and duties and reporting requirements, the Virginia Farm Link Program, the Century Farm Program, and the Virginia Farmland and Forestland Preservation Fund. The bill renames the Office as the Office of Working Lands Preservation. The bill makes technical amendments to effectuate the transfer and requires the Department of Environmental Quality to report to the Department of Forestry by July 1 of each year certain enumerated information about nonpoint source nutrient credits certified in the previous year that involve land use conversion. This bill is identical to SB 616.

Bill Text

What changed in the latest version

513 added · 487 removed

Plain-language change summary

The recent amendment to Bill HB 892 updates sections of the Virginia Code, particularly adding new provisions aimed at enhancing land preservation efforts. Key changes include specifying how the state budget should allocate funds for land conservation, battlefield preservation, and farmland preservation. This matters because it ensures that a significant portion of state funding is dedicated to preserving Virginia's natural and historical resources, promoting both environmental sustainability and cultural heritage. Additionally, it consolidates the management of agricultural and forestry services under a more streamlined structure, potentially improving efficiency and effectiveness.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 2.2-1509.4, 3.2-102, as it is currently effective and as it shall become Virginia by adding in Chapter 11 of Title 10.1 an article numbered 2.1, consisting of sectionsof numbered 10.1-1119.2 through 10.1-1119.7;
VIRGINIA ACTS OF ASSEMBLY -- 2024 SESSION CHAPTER 146 An Act to amend and reenact §§ 2.2-1509.4, 3.2-102, as it is currently effective and as it shall become effective, 10.1-1105.1, 46.2-749.102, and 58.1-512 of the Code of Virginia;
and to repeal Chapter 2 (§§ 3.2-200 through 3.2-20O) of Title 3.2 of the Code of Virginia, relating to Department of Agriculture and Consumer Services;
to amend the Code of Virginia by adding in Chapter 11 of Title 10.1 an article numbered 2.1, consisting of sections numbered 10.1-1119.2 through 10.1-1119.7;
and to repeal Chapter 2 (§§ 3.2-200 through 3.2-205) of Title 3.2 of the Code of Virginia, relating to Department of Agriculture and Consumer Services;
L L [H 892] E Approved D Be it enacted by the General Assembly of Virginia:
[H 892] Approved March 26, 2024 Be it enacted by the General Assembly of Virginia:
That §§ 2.2-1509.4, 3.2-102, as it is currently effective and as it shall become effective, 10.1-1105.1, 46.2-749.102, and 58.1-512 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 11 of Title 10.1 an article numbered 2.1, consisting of sections numbered 10.1-1119.2 through 10.1-1119.7, as follows:
That §§ 2.2-1509.4, 3.2-102, as it is currently effective and as it shall become effective, 10.1-1105.1, 46.2-749.102, and 58.1-512 of the Code of Virginia are amended and reenacted and 2.1, consisting of sections numbered 10.1-1119.2 through 10.1-1119.7, as follows:icle numbered § 2.2-1509.4.
§ 2.2-1509.4.
Each year the Governor shall include in "The Budget Bill" submitted pursuant to subsection AHof § 2.2-1509 or in his amendments to the general appropriation act in effect submitted pursuant t8 D 4 c of § 58.1-512 to be allocated as follows:
Each year the Governor shall include in "The Budget Bill" submitted pursuant to subsection A of § 2.2-1509 or in his amendments to the general appropriation act in effect submitted pursuant to subsection E of § 2.2-1509 a recommended appropriation from the general fund pursuant to subdivision D 4 c of § 58.1-512 to be allocated as follows:
80 percent of such amount to the Virginia Landv2sion Conservation Fund to be used in accordance with § 10.1-1020, with no less than 50 percent of such appropriation to be used for fee simple acquisitions with public access or acquisitions of easements with public access;
80 percent of such amount to the Virginia Land Conservation Fund to be used in accordance with § 10.1-1020, with no less than 50 percent of such appropriation to be used for fee simple acquisitions with public access or acquisitions of easements with public access;
The Commissioner shall be vested with the powers and duties set out in § 2.2-601, the powers those prescribed in Title 59.1.
The Commissioner shall be vested with the powers and duties set out in § 2.2-601, the powers and duties herein provided, and such other powers and duties as may be prescribed by law, including those prescribed in Title 59.1.
promote the creation of new agribusiness including new crops, biotechnology Commonwealth;
promote the creation of new agribusiness including new crops, biotechnology and new uses of agricultural products, and the expansion of existing agribusiness within the Commonwealth;
ensure consumer protect the agriculture industry from bioterrorism, plant and animal diseases, and agricultural pests;
ensure consumer protection and fair trade practices in commerce;
develop plans and emergency response protocols to protect the agriculture industry from bioterrorism, plant and animal diseases, and agricultural pests;
The purpose of the website shall be to facilitate institutions under the jurisdiction of the State Department of Education.
The purpose of the website shall be to facilitate and promote the purchase of Virginia farm products by schools, universities, and other educational institutions under the jurisdiction of the State Department of Education.
The website shall present such current information as the availability of Virginia farm products, including the types and amount of of 9 products, and the names of and contact information for farmers, farm organizations, and businesses marketing such products;
The website shall present such current information as the availability of Virginia farm products, including the types and amount of products, and the names of and contact information for farmers, farm organizations, and businesses marketing such products;
2.
of 9 2.
of 9 Such corporation shall provide wholesale wine distribution services for wineries and farm wineries licensed in accordance with § 4.1-206.1.
Such corporation shall provide wholesale wine distribution services for wineries and farm wineries licensed in accordance with § 4.1-206.1.
The board of directors of such corporation shall be coEposed of the Commissioner and four members appointed by the Board, including one owner or manager of a winery or farm winery licensee that is not served by a wholesaler when the owner or manager is N appointed to the board;
The board of directors of such corporation shall be composed of the Commissioner and four members appointed by the Board, including one owner or manager of a winery or farm winery licensee that is not served by a wholesaler when the owner or manager is appointed to the board;
one owner or manager of a winery or farm winery licensee that produces Ro more than 10,000 cases per year;
one owner or manager of a winery or farm winery licensee that produces no of 9 more than 10,000 cases per year;
In making licensees submitted by the Virginia Wineries Association and wine wholesale licensees submitted by the Virginia Wine Wholesalers Association.
In making appointments to the board of directors, the Board shall consider nominations of winery and farm winery licensees submitted by the Virginia Wineries Association and wine wholesale licensees submitted by the Virginia Wine Wholesalers Association.
The provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to the establishment of such corporation nor to the exErcise of any of its powers granted under this section;
The provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to the establishment of such corporation nor to the exercise of any of its powers granted under this section;
Such corporation shall accordance with § 4.1-206.1.
Such corporation shall provide wholesale beer distribution services for Virginia breweries and limited breweries licensed in accordance with § 4.1-206.1.
The board of directors of such corporation shall be composed of theed in Commissioner and four members appointed by the Board, (i) two of whom shall be an owner or manager of a Virginia beer wholesale licensee, (ii) one of whom shall be an owner or manager of a brewery or limited brewery licensee, and (iii) one of whom shall be an owner or manager of a brHwery or limited brewery licensee that is not served by a wholesaler at the time such owner or manager is appointed to the board of directors.
The board of directors of such corporation shall be composed of the Commissioner and four members appointed by the Board, (i) two of whom shall be an owner or manager of a Virginia beer wholesale licensee, (ii) one of whom shall be an owner or manager of a brewery or limited brewery licensee, and (iii) one of whom shall be an owner or manager of a brewery or limited brewery licensee that is not served by a wholesaler at the time such owner or manager is appointed to the board of directors.
In making appointments to the board of directors, the Boar9 shall consider nominations submitted by the Virginia Beer Wholesalers Association regarding members lEsted in clause (i) and nominations submitted by the Virginia Craft Brewers Guild regarding members listed in clauses (ii) and (iii).
In making appointments to the board of directors, the Board shall consider nominations submitted by the Virginia Beer Wholesalers Association regarding members listed in clause (i) and nominations submitted by the Virginia Craft Brewers Guild regarding members listed in clauses (ii) and (iii).
At least annually, such corporation shall be required to report to the Commissioner on its activities, including reporting the quantity of beer distributed for each brewery or limited brewery Assembly.
At least annually, such corporation shall be required to report to the Commissioner on its activities, including reporting the quantity of beer distributed for each brewery or limited brewery licensee during the preceding year.
The Commissioner shall report such information to the General Assembly.
Commonwealth whose property has been in the same family for 100 years or more and includes at leastin the 20 contiguous acres of managed forest.
A.
The State Forester shall establish and administer a century forest program to honor families in the Commonwealth whose property has been in the same family for 100 years or more and includes at least contiguous acres of managed forest.
and (iii) gross more than $2,500 Article 2.1.m the sale of farm products.
and (iii) gross more than $2,500 annually from the sale of farm products.
Article 2.1.
A.
The Office shall have the following powers and duties:
To develop, in cooperation with the Department of Small Business and Supplier Diversity, the Virginia Farm Bureau Federation, the American Farmland Trust, the Virginia Land Conservation of 9 Foundation, the Virginia Outdoors Foundation, the Virginia Association of Counties, and the Virginia Cooperative Extension, (i) model policies and practices that may be used as a guide to establish local purchase of development rights programs;
To develop, in cooperation with the Department of Small Business and Supplier Diversity, the Virginia Farm Bureau Federation, the American Farmland Trust, the Virginia Land Conservation Foundation, the Virginia Outdoors Foundation, the Virginia Association of Counties, and the Virginia Cooperative Extension, (i) model policies and practices that may be used as a guide to establish local purchase of development rights programs;
3.
of 9 3.
of 9 A.
A.
E 1.
1.
Have an exceptional combination of physical characteristics for the production of food, feed, fiber, forest products, forage, oilseed, and other agricultural crops with minimum inputs of fuel, ferRilizer, pesticides, and labor, and without intolerable soil erosion;
Have an exceptional combination of physical characteristics for the production of food, feed, fiber, forest products, forage, oilseed, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor, and without intolerable soil erosion;
and nursery crops and have a special combination of soil quality, location, growing season, andOegetables, moisture supply needed to economically produce sustained high quality or high yields of such crops when treated and managed according to acceptable farming methods;
3.
Are valuable for production of specific high-value food and fiber crops, such as fruits, vegetables, and nursery crops and have a special combination of soil quality, location, growing season, and moisture supply needed to economically produce sustained high quality or high yields of such crops when treated and managed according to acceptable farming methods;
Are of statewide or local importance for the production of food, feed, fiber, forest products, forage, or oilseed crops;
Are of statewide or local importance for the production of food, feed, fiber, forest products, of 9 forage, or oilseed crops;
E 5.
5.
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D 6.
6.
Are part of an agricultural or forestal district or are participating in a use value assessment and taxation program for real estate devoted to agricultural, horticultural, or forest use in accordance with the7.
Are part of an agricultural or forestal district or are participating in a use value assessment and taxation program for real estate devoted to agricultural, horticultural, or forest use in accordance with the provisions of Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1;
or 7.
In designating important farmlanHs the governing body shall demonstrate that adequate provision has been made for nonagricultural usesB within its jurisdiction.
In designating important farmlands the governing body shall demonstrate that adequate provision has been made for nonagricultural uses within its jurisdiction.
9 C.
C.
E "Important farmland," other than prime or unique farmland, is land that is of statewide or local importance for the production of food, feed, fiber, forage, nursery, oilseed, or other agricultural crops, as determined by the appropriate state agency or local government agency, and that the U.S.
"Important farmland," other than prime or unique farmland, is land that is of statewide or local importance for the production of food, feed, fiber, forage, nursery, oilseed, or other agricultural crops, as determined by the appropriate state agency or local government agency, and that the U.S.
Dep"Prime farmland" is land that has the best combination of physical and chemical characteristics for;
Department of Agriculture determines should be considered as farmland for the purposes of this article;
producing food, feed, fiber, forage, oilseed, nursery, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor, and without intolerable soil erosion.
"Prime farmland" is land that has the best combination of physical and chemical characteristics for producing food, feed, fiber, forage, oilseed, nursery, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor, and without intolerable soil erosion.
It has the special combination of soil quality, location, growing season, and moisture supply needed to economically produce sustained high quality or high yields of specific crops when treated and managed according to acc§ 46.2-749.102.
It has the special combination of soil quality, location, growing season, and moisture supply needed to economically produce sustained high quality or high yields of specific crops when treated and managed according to acceptable farming methods.
§ 46.2-749.102.
§ 58.1-512.
Land preservation tax credits for individuals and corporations.
If the Commonwealth or an instrumentality thereof operates a facility on a conveyance, from eligibility for the tax credit, so long as any fees are used for conservation or preservation purposes.
If the Commonwealth or an instrumentality thereof operates a facility on a conveyance, including charging fees for the use of such facility, such operation shall not disqualify the conveyance from eligibility for the tax credit, so long as any fees are used for conservation or preservation purposes.
If the Commonwealth or an instrumentality thereof enters into an agreement with a third party to of 9 lease or manage a facility on a conveyance, the fact that such third party is operated primarily as a business with intent for profit shall not disqualify the conveyance from eligibility for the tax credit, so long as such agreement is for conservation or preservation purposes.
If the Commonwealth or an instrumentality thereof enters into an agreement with a third party to lease or manage a facility on a conveyance, the fact that such third party is operated primarily as a business with intent for profit shall not disqualify the conveyance from eligibility for the tax credit, so long as such agreement is for conservation or preservation purposes.
In the event that any appraiser falsely or fraudulently overstates the value of the contributed property in an appraisal that the appraiser has signed, the Department may disallow further appraisals signed by the appraiser and shall refer the appraiser to the Real Estate Appraiser Board for appropriate disciplinary action pursuant to § 54.1-2013, which may include, but need not be limited to, revocation of the appraiser's license.
In the event that any appraiser falsely or fraudulently overstates the value of the contributed property in an appraisal that the appraiser has signed, the Department may disallow further appraisals signed by the appraiser and shall refer the appraiser to the Real Estate Appraiser Board for of 9 appropriate disciplinary action pursuant to § 54.1-2013, which may include, but need not be limited to, revocation of the appraiser's license.
The amount of the credit that may be claimed by each taxpayer, including credit claimed by applying unused credits as provided under subsection C of § 58.1-513, shall not exceed $50,000 for 2000 taxable years;
The amount of the credit that may be claimed by each taxpayer, including credit claimed by applying unused credits as provided under subsection C of § 58.1-513, shall not exceed $50,000 for taxable years;
$100,000 for each of 2012, 2013, and 2014 taxable years;
$100,000 for each of 2012, 2013, and taxable years;
Any fee interest, or a less-than-fee interest, in real property that has been dedicated as open space within, or as part of, a residential subdivision or any other type of residential or commercial of 9 development;
Any fee interest, or a less-than-fee interest, in real property that has been dedicated as open space within, or as part of, a residential subdivision or any other type of residential or commercial development;
or dedicated for the purpose of fulfilling density requirements to obtain approvals for zoning, subdivision,Esite plan, or building permits shall not be a qualified donation under this article.
or dedicated for the purpose of fulfilling density requirements to obtain approvals for zoning, subdivision, site plan, or building permits shall not be a qualified donation under this article.
Qualified donations shall be eligible for the tax credit herein described if such donations are made to the Commonwealth of Virginia, an instrumentality thereof, or a charitable organization descrRbed in § 501(c)(3) of the United States Internal Revenue Code of 1986, as amended, if such charitable is controlled by an organization described in § 509(a)(2).(ii) meets the requirements of § 509(O)(3) and 5.
Qualified donations shall be eligible for the tax credit herein described if such donations are made to the Commonwealth of Virginia, an instrumentality thereof, or a charitable organization described in § 501(c)(3) of the United States Internal Revenue Code of 1986, as amended, if such charitable organization (i) meets the requirements of § 509(a)(2) or (ii) meets the requirements of § 509(a)(3) and is controlled by an organization described in § 509(a)(2).
5.
In the case of conveyances of a fee interest to a charitable organization that is a "holder" as defined in § 10.1-1009, the credit shall not be allowed until the charitable organization agrees that subsequent conveyances of the fee interest in the property Eill be (i) subject to a previous conveyance in perpetuity of a conservation easement, as that term is defined in § 10.1-1009, or subject to the conveyance in perpetuity of an open-space easement, as that term is defined in § 10.1-1700, or (ii) conveyed to the Commonwealth of Virginia or to a federal conservation agency.
In the case of conveyances of a fee interest to a charitable organization that is a "holder" as defined in § 10.1-1009, the credit shall not be allowed until the charitable organization agrees that subsequent conveyances of the fee interest in the property will be (i) subject to a previous conveyance in perpetuity of a conservation easement, as that term is defined in § 10.1-1009, or subject to the conveyance in perpetuity of an open-space easement, as that term is defined in § 10.1-1700, or (ii) conveyed to the Commonwealth of Virginia or to a federal conservation agency.
No credit shall be allowed with respect to any subsequent conveyances by the charitable orgD.
No credit shall be allowed with respect to any subsequent conveyances by the charitable organization.
of 9 D.
The taxpayer shall apply for a credit after completing the donation by submitting a form Hr forms prescribed by the Department in consultation with the Department of Conservation and Recreation.
The taxpayer shall apply for a credit after completing the donation by submitting a form or forms prescribed by the Department in consultation with the Department of Conservation and Recreation.
If the application requests a credit of $1 million or more or if the donation meets the conditions of 9ubdivision 3 c, then a copy of the application shall also be filed with the Department of Conservation andE Recreation by the taxpayer.
If the application requests a credit of $1 million or more or if the donation meets the conditions of subdivision c, then a copy of the application shall also be filed with the Department of Conservation and Recreation by the taxpayer.
R a.
a.
c.
The public benefit derived from the donation;
the conservation value of the donation has been verified by the Director of the Department oftion unless Conservation and Recreation, based on the criteria adopted by the Virginia Land Conservation Foundation for this purpose.
3.
a.
No credit in the amount of $1 million or more shall be issued with respect to a donation unless the conservation value of the donation has been verified by the Director of the Department of Conservation and Recreation, based on the criteria adopted by the Virginia Land Conservation Foundation for this purpose.
For purposes of determining whether a credit requires verification of the conservation value, the credits allowed under this article with respect to donations of any other portion of a recorded parcel of This subdivision shall not apply if (i) all owners of the parcel who have been allowed credit for ation.
For purposes of determining whether a credit requires verification of the conservation value, the credits allowed under this article with respect to donations of any other portion of a recorded parcel of land within the preceding 11 years shall be aggregated with the credit claimed for the current donation.
qualified donation are not affiliated with the person or entity seeking credit for the current donation of a different portion of the parcel and (ii) in the case of an individual seeking credit, the individual has not previously made a qualified donation for any portion of the parcel and is not an immediate family member of any such owners.
This subdivision shall not apply if (i) all owners of the parcel who have been allowed credit for a qualified donation are not affiliated with the person or entity seeking credit for the current donation of a different portion of the parcel and (ii) in the case of an individual seeking credit, the individual has not previously made a qualified donation for any portion of the parcel and is not an immediate family member of any such owners.
If (i) the real property that is the subject of the donation was partitioned from or part of another parcel of land and any other portion of such parcel, or any land partitioned from such parcel of land, has been allowed a tax credit under this article (or an application for tax credit is pending) within three years of such donation and (ii) the tax credit that would otherwise be allowed to the donor for such donation is at least $250,000, then no credit under this article shall be issued with respect to such Director of the Department of Conservation and Recreation.
If (i) the real property that is the subject of the donation was partitioned from or part of another parcel of land and any other portion of such parcel, or any land partitioned from such parcel of land, has been allowed a tax credit under this article (or an application for tax credit is pending) within three years of such donation and (ii) the tax credit that would otherwise be allowed to the donor for such donation is at least $250,000, then no credit under this article shall be issued with respect to such donation described in clause (i) unless the conservation value of the donation has been verified by the Director of the Department of Conservation and Recreation.
The Director shall act on applications within 90 days of his receipt of a complete application and shall notify the taxpayer and the Department of of 9 Taxation of his action.
The Director shall act on applications within days of his receipt of a complete application and shall notify the taxpayer and the Department of Taxation of his action.
In the event that a credit requires verification of the conservation value by the Department of Conservation and Recreation and such verification has not been received at the time the maximum $100 million allowed is reached for the calendar year of the donation, such credit shall not be issued for that calendar year but shall be issued in the calendar year that the conservation value of the credit is verified by the Department of Conservation and Recreation.
In the event that a credit requires verification of the conservation value by of 9 the Department of Conservation and Recreation and such verification has not been received at the time the maximum $100 million allowed is reached for the calendar year of the donation, such credit shall not be issued for that calendar year but shall be issued in the calendar year that the conservation value of the credit is verified by the Department of Conservation and Recreation.
Any taxpayer that has been issued a tax credit by the Department shall be allowed to use such credit for his or its taxable year that begins in the calendar year for which such credit was issued and for succeeding taxable years in accordance with the 10 consecutive taxable year carryforward provisions of this article, except for any taxpayer affected by the credit limitation for taxable years 2009, 2010, of 9 or its taxable year that begins in the calendar year for which such credit was issued and for succeeding taxable years in accordance with the 13 consecutive taxable year carryforward provisions of this article.
Any taxpayer that has been issued a tax credit by the Department shall be allowed to use such credit for his or its taxable year that begins in the calendar year for which such credit was issued and for succeeding taxable years in accordance with the 10 consecutive taxable year carryforward provisions of this article, except for any taxpayer affected by the credit limitation for taxable years 2009, 2010, 2011, and 2015 and taxable years thereafter.
Such a taxpayer shall be allowed to use such credit for his or its taxable year that begins in the calendar year for which such credit was issued and for succeeding taxable years in accordance with the 13 consecutive taxable year carryforward provisions of this article.
Any taxpayer to whom a credit has been transferred may use such credit for the taxable year in which the transfer occurred and unused amounts may be carried forward to succeeding taxable yeaRs, but in no event may such transferred credit be used more than 11 years after it was originally issued by the any taxpayer affected by the credit limitation for taxable years 2009, 2010, 2011, and 2015 and taxable years thereafter.
Any taxpayer to whom a credit has been transferred may use such credit for the taxable year in which the transfer occurred and unused amounts may be carried forward to succeeding taxable years, but in no event may such transferred credit be used more than 11 years after it was originally issued by the Department or in any taxable year of such taxpayer that ended prior to the date of transfer, except for any taxpayer affected by the credit limitation for taxable years 2009, 2010, 2011, and 2015 and taxable years thereafter.
Such a taxpayer may use such credit for the taxable year in which the transfer occurred and unused amounts may be carried forward to succeeding taxable years, but in no event may suchL transferred credit be used more than 14 years after it was originally issued by the Department or in any taxable year of such taxpayer that ended prior to the date of transfer.
Such a taxpayer may use such credit for the taxable year in which the transfer occurred and unused amounts may be carried forward to succeeding taxable years, but in no event may such transferred credit be used more than 14 years after it was originally issued by the Department or in any taxable year of such taxpayer that ended prior to the date of transfer.
E nor the issuance of a credit by the Department of Taxation shall in any way be construed or interpreted as prohibiting the Department of Taxation or the Tax Commissioner from auditing any credit claimed pursuant to the provisions of this article or from assessing tax relating to the claiming of any credit under this article.
6.
Neither the verification of conservation value by the Department of Conservation and Recreation nor the issuance of a credit by the Department of Taxation shall in any way be construed or interpreted as prohibiting the Department of Taxation or the Tax Commissioner from auditing any credit claimed pursuant to the provisions of this article or from assessing tax relating to the claiming of any credit under this article.
In any review or appeal before the Tax Commissioner or in any court in the Commonwealth the the time of the qualified donation is consistent with this section and that all requirements of this article have been satisfied.
In any review or appeal before the Tax Commissioner or in any court in the Commonwealth the burden of proof shall be on the taxpayer to show that the fair market value and conservation value at the time of the qualified donation is consistent with this section and that all requirements of this article have been satisfied.
H 2.
2.
That by July 1 of each year, the Department of Environmental Quality shall report to the 2 Department of Forestry the following information about nonpoint source nutrient credits certifiRd Administrative Code of Virginia that involve land use conversion:
That by July 1 of each year, the Department of Environmental Quality shall report to the of 9 Department of Forestry the following information about nonpoint source nutrient credits certified in the previous year pursuant to § 62.1-44.19:20 of the Code of Virginia and 9VAC25-900 of the Administrative Code of Virginia that involve land use conversion:
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Action History

  1. Acts of Assembly Chapter text (CHAP0146)

  2. Approved by Governor-Chapter 146 (effective 7/1/24)

  3. Impact statement from DPB (HB892ER)

  4. Governor's Action Deadline 11:59 p.m., April 8, 2024

  5. Enrolled Bill communicated to Governor on March 11, 2024

  6. Signed by President

  7. Signed by Speaker

  8. Bill text as passed House and Senate (HB892ER)

  9. Enrolled

  10. Passed Senate (40-Y 0-N)

  11. Read third time

  12. Constitutional reading dispensed (39-Y 0-N)

  13. Reported from Finance and Appropriations (13-Y 0-N)

  14. Rereferred to Finance and Appropriations

  15. Reported from Agriculture, Conservation and Natural Resources (11-Y 0-N)

  16. Referred to Committee on Agriculture, Conservation and Natural Resources

  17. Constitutional reading dispensed

  18. Impact statement from DPB (HB892E)

  19. VOTE: Block Vote Passage (99-Y 0-N)

  20. Read third time and passed House BLOCK VOTE (99-Y 0-N)

  21. Printed as engrossed 24104878D-E

  22. Engrossed by House as amended HB892E

  23. Committee amendments agreed to

  24. Read second time

  25. Read first time

  26. Reported from Appropriations (20-Y 0-N)

  27. Subcommittee recommends reporting (8-Y 0-N)

  28. Assigned App. sub: Commerce Agriculture & Natural Resources

  29. Referred to Committee on Appropriations

  30. Reported from Agriculture, Chesapeake and Natural Resources with amendment(s) (22-Y 0-N)

  31. Subcommittee recommends referring to Committee on Appropriations

  32. Subcommittee recommends reporting with amendments (10-Y 0-N)

  33. House subcommittee amendments and substitutes offered

  34. Impact statement from DPB (HB892)

  35. Assigned ACNR sub: Agriculture

  36. Referred to Committee on Agriculture, Chesapeake and Natural Resources

  37. Prefiled and ordered printed; offered 01/10/24 24104878D

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 145 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (145)

145 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed Senate (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (39-Y 0-N)

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Not Voting
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Finance and Appropriations (13-Y 0-N)

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 13002
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Barbara A. Favola — Yea
Bryce E. Reeves — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Hashmi, Ghazala F. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Not Voting
R. Creigh Deeds — Yea
Richard H. Stuart — Not Voting
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
Todd E. Pillion — Yea

Official roll call →

Reported from Agriculture, Conservation and Natural Resources (11-Y 0-N)

Passed 11 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 11004
Total 11004
% of votes cast 73%0%0%27%
How each member voted (15)
Member Party Vote
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
David R. Suetterlein — Not Voting
David W. Marsden — Yea
Hashmi, Ghazala F. — Yea
Mark D. Obenshain — Not Voting
Richard H. Stuart — Yea
Russet Perry — Yea
Saddam Azlan Salim — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Not Voting
Tammy Brankley Mulchi — Yea
Timmy French — Not Voting
William M. Stanley, Jr. — Yea

Official roll call →

VOTE: Block Vote Passage (99-Y 0-N)

Passed 98 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 98001
Total 98001
% of votes cast 99%0%0%1%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Yea
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Yea
Batten, Amanda E. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Yea
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Yea
Eric Phillips — Yea
Eric R. Zehr — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Yea
Knight, Barry D. — Yea
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Not Voting
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Milde, Paul V. — Yea
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Yea
R. Lee Ware — Yea
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Timothy P. Griffin — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Yea

Official roll call →

Reported from Appropriations (20-Y 0-N)

Passed 20 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 20002
Total 20002
% of votes cast 91%0%0%9%
How each member voted (22)
Member Party Vote
Alex Q. Askew — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Coyner, Carrie E. — Yea
David A. Reid — Yea
Delores L. McQuinn — Not Voting
Ellen H. McLaughlin — Not Voting
James W. Morefield — Yea
Knight, Barry D. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marshall, Daniel W., III — Yea
Paul E. Krizek — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Sickles, Mark D. — Yea
Terry L. Austin — Yea

Official roll call →

Reported from Agriculture, Chesapeake and Natural Resources with amendment(s) (22-Y 0-N)

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 22000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Bulova, David L. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Dan I. Helmer — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Jackie H. Glass — Yea
Kathy K.L. Tran — Yea
Kent, Hillary Pugh — Yea
Marshall, Daniel W., III — Yea
Michael J. Webert — Yea
Nadarius E. Clark — Yea
Orrock, Robert D., Sr. — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
R. Lee Ware — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Shelly A. Simonds — Yea
Thomas C. Wright, Jr. — Yea
Tony O. Wilt — Yea

Official roll call →

Subcommittee recommends reporting with amendments (10-Y 0-N)

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Alfonso H. Lopez — Not Voting
Amy J. Laufer — Yea
Chris S. Runion — Yea
Dan I. Helmer — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Jackie H. Glass — Yea
Michael J. Webert — Yea
Nadarius E. Clark — Yea
Phil M. Hernandez — Yea
Rodney T. Willett — Yea
Tony O. Wilt — Yea

Official roll call →

Subjects

environment agriculture
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Frequently asked questions

What does HB 892 do?
Department of Agriculture and Consumer Services; Department of Forestry; Office of Farmland Preservation transferred. Transfers from the Department of Agriculture and Consumer Services to the Department of Forestry the Office of Farmland Preservation and its powers and duties and reporting requirements, the Virginia Farm Link Program, the Century Farm Program, and the Virginia Farmland and Forestland Preservation Fund. The bill renames the Office as the Office of Working Lands Preservation. The bill makes technical amendments to effectuate the transfer and requires the Department of Environmental Quality to report to the Department of Forestry by July 1 of each year certain enumerated information about nonpoint source nutrient credits certified in the previous year that involve land use conversion. This bill is identical to SB 616.
Who sponsors HB 892?
HB 892 is sponsored by Michael J. Webert, Michelle Lopes Maldonado, and David L. Bulova.
What is the current status of HB 892?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track HB 892?
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