Habitat Policy Oversight Committee; established, powers and duties, annual oversight report.

A BILL to amend the Code of Virginia by adding a section numbered
28.2-104.2
, relating to Marine Resources Commission; Habitat Policy Oversight Committee established; powers and duties; report.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered
28.2-104.2
as follows:

§
28.2-104
.
2. Habitat Policy Oversight Committee
; powers and duties; report
.

A.
For the purposes of this section
:

"Committee" means the Habitat Policy Oversight Committee established in subsection B.

"Division" means the Habitat Management Division of the Commission.

B.
There is hereby established within the Commission the Habitat Policy Oversight Committee
(the Commi
ttee
)
, which shall advise the Commission and the
Division on policies within their jurisdiction and support the Commissio
n's coastal resilience efforts. The Commission shall retain ultimate regulatory authority, but the D
ivision and the Commission shall consider and give due weight to the Committee's recommendations in decision making processes.
The Division shall report to the Commission on Committee activities and how the Committee's recommendations have informed policy and program development, and the Division shall consult with the Committee on all up
dates or revisions to policy matters not requiring formal Commission approval.

C.
The Committee shall
meet no less than three times per year and shall
have
nine
voting members that are appointed by the Secretary of Natural and Historic Resources for terms of
four years.
Vacancies shall be filled in the same manner as the original appointments and all members may be reappointed.
Members shall receive no compensation for their services but shall receive reimbursement for actual expenses.
In addition to the Chief of the Division
and the Deputy Commissioner of the Commission, who shall serve as nonvoting ex officio members, m
em
bership of the Committee shall be as follows:

1. One
member who is a
current Associate Commissioner of the Commission, who shall be the
c
hair
man
;

2.

One member who represents
the Virginia Institute of Marine Science
, who shall be the
v
ice-
c
hair
man
;

3.
One
mem
ber
who
is an employee of an institution of higher education in the Commonwe
alth other than the Virginia Institute for Marine Science with expertise in marine, environmental, or coastal sciences;

4. One member appointed to a l
ocal wetlands board;

5. One member who represents the private marine construction or consulting sector;

6. One member from the conservation or nonprofit environmental advocacy community;

7. One member from the aquaculture or commercial fisheries industry;

8.
One member of local or regional government within the coastal areas of the Commonwealth; an
d

9. One member-at-large with technical, scientific, or policy expertise in coastal resilience.

D
. The Committee shall have the following powers and duties
:

1. Review and provide recommendations on Division policies, procedures, and priorities;

2. Review and make recommendations on appropriate mitigation strategies for all natural resources under the purview of the Division and alternatives
when mitigation banking is not feasible, consistent with applicable laws and regulations;

3. Recommend process improvements to enhance efficiency, transparency, and scientific rigor;

4. Provide advisory input on major habitat-related rulemaking and regulatory amendments prior to Commission consideration;

5.
Review
actions of the Division to ensure consistency with state resilience and coastal policy plans and objectives;

6. Review and provide comment on proposed regulatory or procedural changes aff
ecting tidal wetlands, subaqueous lands, and dune and beach permitting;

7. Recommend opportunities for interagency collaboration, grant alignment, policy integration, and permit efficiency;

8.
Re
commend strategies and actions
the
Commission may
pursue to contribute to and advance the goals of the Chesapeake Bay Agreement;

and

9. Submit an annual oversight report
summarizing the Committee's recommendations and action outcomes to the full Commission
.