Virginia 2018 Regular Session Status: Enacted

HB 987 — Agricultural operations; nuisance.

Last action — Approved by Governor-Chapter 147 (effective 7/1/18)

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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, 2018. Enacted.

Prognosis

Likely to advance 80% · 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.

  • 19 sponsors

    1 primary, 18 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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

Requires agricultural operations to be in substantial compliance, defined in the bill, with applicable laws, regulations, and best management practices in order to be exempt from becoming a public or private nuisance. The bill prohibits a person from bringing a nuisance action against any agricultural operation the existence of which was known or reasonably knowable when that person's use or occupancy of his property began. The bill also prohibits anyone other than a person with an ownership interest in the affected property from bringing an action for private nuisance and sets out certain limitations on recovery for compensatory damages. This bill is identical to

Bill Text

What changed in the latest version

13 added · 19 removed

Plain-language change summary

The bill HB 987 has been amended to clarify how local governments can handle nuisances created by agricultural operations. Specifically, it removed language that allowed local governments to consider certain operations a nuisance unless it was due to negligence or improper conduct. This change means that, in most cases, agricultural operations cannot be deemed a nuisance by local authorities, unless there's a clear case of negligence. This is significant because it gives more protection to farmers from potential local government actions that could disrupt their operations.

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Latest
SESSION history | hilite | pdf | print version 18102813D HOUSE BILL NO.
SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact § 3.2-302 of the Code of Virginia, relating to agricultural operations;
987 House Amendments in [ ] -- January 29, 2018 A BILL to amend and reenact § 3.2-302 of the Code of Virginia, relating to agricultural operations;
---------- Patron Prior to Engrossment--Delegate Gilbert ---------- Referred to Committee on Agriculture, Chesapeake and Natural Resources ---------- Be it enacted by the General Assembly of Virginia:
[H 987] Approved   Be it enacted by the General Assembly of Virginia:
[ The provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or any of its appurtenances.
The provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or any of its appurtenances.
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Action History

  1. Approved by Governor-Chapter 147 (effective 7/1/18)

  2. Governor's Action Deadline Midnight, March 5, 2018

  3. Enrolled Bill communicated to Governor on February 26, 2018

  4. Signed by President

  5. Signed by Speaker

  6. Enrolled

  7. Read third time

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

  9. Constitutional reading dispensed

  10. Read third time and passed House (97-Y 2-N)

  11. Printed as engrossed 18102813D-E

  12. Engrossed by House as amended HB987E

  13. Committee amendment agreed to

  14. Read second time

  15. Read first time

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

  17. Prefiled and ordered printed; offered 01/10/18 18102813D

Sponsors

Sponsorship breakdown

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1 sponsors · 18 co-sponsors · 129 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (18)

Not signed on (129)

129 members have not signed on to this bill.

Show all 129 →

"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

Read third time and passed House

Passed 97 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 97200
Total 97200
% of votes cast 98%2%0%0%
How each member voted (99)
Member Party Vote
Ayala — Yea
Collins — Yea
Filler-Corn — Yea
Freitas — Yea
Gooditis — Yea
Habeeb — Yea
Heretick — Yea
Hugo — Yea
Hurst — Yea
Kory — Yea
LaRock — Yea
Landes — Yea
Orrock — Yea
Pogge — Yea
Poindexter — Yea
Rodman — Yea
Rush — Yea
Tyler — Yea
Bell, John J. — Yea
Bell, Richard P. — Yea
Bell, Robert B. — Yea
Bourne — Yea
Bulova — Yea
Byron — Yea
Campbell — Yea
Cline — Yea
Cole — Yea
Edmunds — Yea
Fariss — Yea
Gilbert — Yea
Jones, J.C. — Yea
Jones, S.C. — Yea
Marshall — Yea
Mr. Speaker — Yea
Carter — Nay
Helsel — Yea
Ingram — Yea
James — Yea
Keam — Yea
Levine — Yea
Lindsey — Yea
Miyares — Yea
Mullin — Yea
Murphy — Yea
Peace — Yea
Plum — Yea
Ransone — Yea
Robinson — Yea
Stolle — Yea
Toscano — Yea
Turpin — Yea
Yancey — Yea
Alfonso H. Lopez — Yea
Barry D. Knight — Yea
Betsy B. Carr — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Delores L. McQuinn — Yea
Elizabeth R. Guzman — Yea
Emily M. Jordan — Yea
Garrett McGuire — Yea
Hyland F. "Buddy" Fowler, Jr. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jennifer D. Carroll Foy — Yea
Joshua E. Thomas — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Kelly K. Convirs-Fowler — Yea
Kimberly Pope Adams — Yea
Kimberly Pope Adams — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Nay
Mark D. Sickles — Yea
Michael J. Webert — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
R. Lee Ware — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Terry G. Kilgore — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Will Davis — Yea

Official roll call →

Subjects

agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 987 do?
Requires agricultural operations to be in substantial compliance, defined in the bill, with applicable laws, regulations, and best management practices in order to be exempt from becoming a public or private nuisance. The bill prohibits a person from bringing a nuisance action against any agricultural operation the existence of which was known or reasonably knowable when that person's use or occupancy of his property began. The bill also prohibits anyone other than a person with an ownership interest in the affected property from bringing an action for private nuisance and sets out certain limitations on recovery for compensatory damages. This bill is identical to
Who sponsors HB 987?
HB 987 is sponsored by R. Steven Landes, Alfonso H. Lopez, Matthew James, Robert S. Bloxom, Jr., Michael J. Webert, Tony O. Wilt, Thomas C. Wright, Jr., R. Lee Ware, Barry D. Knight, Tyler, Roslyn C., Keam, Mark L., Poindexter, Charles D., Hurst, Chris L., Orrock, Robert D., Sr., Fariss, C. Matthew, Robinson, Roxann L., Marshall, Daniel W., III, Edmunds, James E., II, and Gilbert, C. Todd.
What is the current status of HB 987?
This bill has been enacted into law. Introduced January 09, 2018. Enacted.
Where can I track HB 987?
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