                                 CODE OF VIRGINIA

VOLUNTARY NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION PROGRAM (§ 10.1-104.2)

A. The Department shall operate a voluntary nutrient management training and
certification program to certify, in accordance with regulations adopted by the
Virginia Soil and Water Conservation Board pursuant to subsection D, the
competence of persons preparing nutrient management plans for the purpose of (i)
assisting landowners and operators in the management of land application of
fertilizers, municipal sewage sludges, animal manures, and other nutrient
sources for agronomic benefits and for the protection of the
Commonwealth&#8217;s ground and surface waters and (ii) assisting owners and
operators of agricultural land and turf to achieve economic benefits from the
effective management and application of nutrients.

B. The Department shall develop a flexible, tiered, Voluntary Nutrient
Management Plan Program to assist owners and operators of agricultural land and
turf in (i) preparing nutrient management plans for their own property that meet
the nutrient management specifications developed by the Department and (ii)
achieving economic benefits for owners and operators as a result of effective
nutrient management. The Department shall convene a stakeholder group composed
of individuals representing agricultural and environmental organizations to
assist in the development of this Program. Individuals representing the
agricultural stakeholders shall include both farmers who currently operate farms
and agribusiness representatives who serve the farming community. Individuals
representing environmental stakeholders shall include at least two members and a
staff member of the Virginia Delegation to the Chesapeake Bay Commission and one
representative from the Rappahannock River Basin Commission. The Program shall:
(a) allow owners and operators of agricultural lands and turf who are not
required to have a certified nutrient management plan to prepare their own
nutrient management plans; (b) include a tiered approach for lands of different
sizes, agricultural production, and nutrient applications; (c) consider similar
online programs in other states or sponsored by baccalaureate institutions of
higher education; (d) address how the nutrient management plans can be verified
and receive credit in the Chesapeake Bay Watershed Model for properties in the
Chesapeake Bay watershed; (e) begin testing the software for the Program by July
1, 2013, and begin full implementation by July 1, 2014; and (f) include any
other issues related to developing a flexible, tiered, Voluntary Nutrient
Management Plan Program for owners and operators of agricultural lands and turf.

C. Any personal or proprietary information collected pursuant to subsection B
shall be exempt from the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et
seq.), except that the Director may release information that has been
transformed into a statistical or aggregate form that does not allow
identification of the persons who supplied, or are the subject of, particular
information. This subsection shall not preclude the application of the Virginia
Freedom of Information Act in all other instances of federal or state regulatory
actions.

D. The Virginia Soil and Water Conservation Board shall adopt regulations:

   1. Specifying qualifications and standards for individuals to be deemed
   competent in nutrient management plan preparation, and providing for the
   issuance of documentation of certification to such individuals;

   2. Specifying conditions under which a certificate issued to an individual may
   be suspended or revoked;

   3. Providing for criteria relating to the development of nutrient management
   plans for various agricultural and urban agronomic practices, including
   protocols for use by laboratories in determining soil fertility, animal manure
   nutrient content, or plant tissue nutrient uptake for the purpose of nutrient
   management;

   4. Establishing fees to be paid by individuals enrolling in the training and
   certification programs;

   5. Providing for the performance of other duties and the exercise of other
   powers by the Director as may be necessary to provide for the training and
   certification of individuals preparing nutrient management plans; and

   6. Giving due consideration to relevant existing agricultural certification
   programs.

E. There is hereby established a special, nonreverting fund in the state
treasury to be known as the Nutrient Management Training and Certification Fund.
The fund shall consist of all fees collected by the Department pursuant to
subsection D. No part of the fund, either principal or interest, shall revert to
the general fund. The fund shall be administered by the Director, and shall be
used solely for the payment of expenses of operating the nutrient management
training and certification program.

F. For the purposes of this section, the term &#8220;turf&#8221; shall have the
same meaning as defined in &#xA7; 3.2-3600.

HISTORY: 1994, c. 159; 2011, cc. 341, 353; 2012, c. 781; 2013, cc. 593, 658.