2025 SESSION
SENATE SUBSTITUTE
25106334D
SENATE BILL NO. 1341
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Patron Prior to SubstituteSenator Marsden)
A BILL to amend the Code of Virginia by adding in Article 8 of Chapter 5 of Title 29.1 a section numbered 29.1-580 and by adding sections numbered 33.2-264.1 and 33.2-265.1, relating to wildlife corridors; fund and programs; wildlife carcass removal tracking; reports.
on January 28, 2025)
Be it enacted by the General Assembly of Virginia:
1. That that the Code of Virginia is amended by adding in Article 8 of Chapter 5 of Title 29.1 a section numbered 29.1-580 and by adding sections numbered 33.2-264.1 and 33.2-265.1 as follows:
29.1-580. Wildlife Corridor Grant Fund.
A. As used in this section:
"Departments" means the Department of Conservation and Recreation, the Department of Forestry, the Department of Transportation, and the Department of Wildlife Resources.
"Fund" means the Wildlife Corridor Grant Fund established in this section.
B. There is hereby created in the state treasury a special nonreverting fund to be known as the Wildlife Corridor Grant Fund. The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of providing grants for projects that preserve or enhance wildlife corridors prioritized by the Plan and associated wildlife crossing infrastructure projects. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department of Wildlife Resources.
C. At least one representative from each of the Departments shall collaborate to determine how to disburse grants from the Fund. Representatives of the Departments shall develop a timeline, scoring system, and criteria to disburse grants from the Fund in accordance with this section. Criteria shall include the extent to which a project will (i) further a priority identified in the Plan; (ii) reduce high-cost wildlife-vehicle collisions; (iii) extend the lifetime and reduce the maintenance costs of road-related infrastructure; (iv) connect certain types of protected areas, such as federal, state, or private lands with conservation easements; (v) benefit endangered or threatened species, species of greatest conservation need, or reintroduced wildlife populations; or (vi) leverage available federal grant funding.
D. In addition to projects that meet the criteria in subsection C, grants from the Fund may also be used for (i) nonconstruction projects that advance priorities in the Plan, such as data collection, feasibility studies, or the production of designs and plans; (ii) matching funds required to leverage federal grant funds for projects that would advance the Plan; (iii) exclusionary or funnel fencing to keep wildlife off of roads; (iv) maintenance costs associated with completed projects; and (v) administration and personnel expenses related to the purposes of the Fund pursuant to this section.
E. Applicants eligible to receive moneys from the Fund through any grant program created by the Departments shall include, at a minimum, representatives from (i) state agencies, (ii) metropolitan planning organizations, (iii) localities, (iv) regional transportation authorities, (v) Indian tribes, (vi) nonprofit entities and academic institutions, and (vii) a combination of any of the entities listed in clauses (i) through (vi).
F. The Director of the Department of Wildlife Resources, on behalf of the Departments, shall submit a biennial report to the General Assembly by November 1 of each odd-numbered year and such report shall be made available to the public. The report shall include the number and types of public and private funding opportunities sought for the Fund, the amount of public funding received by the Fund, the amount and number of awards from the Fund, and information regarding the progress of projects funded by the Fund, including data on the use of project infrastructure by wildlife.
33.2-264.1. Wildlife crossing program; report.
A. The Department shall establish and administer a program for the implementation of wildlife crossings of highways in the Commonwealth that complies with any such guidance issued by the Federal Highway Administration. Such program shall include a requirement that large animal crash risk in the project area be considered during the planning and scoping phase of any highway project administered or funded by the Department. The Department shall develop and maintain a guidance document for determining such crash risk and strategies for mitigating such risk.
B. The Department shall incorporate the recommendations of the Wildlife Corridor Action Plan (the Plan) established pursuant to 29.1-579 in the policies and procedures of the Department. The Department shall submit a report to the General Assembly by November 1 of each even-numbered year explaining (i) the Department's actions and initiatives related to implementation of the Plan and the policies established pursuant to subsection A, (ii) any updates related to establishing wildlife corridors or crossings, and (iii) goals and timelines of future actions and initiatives related to the requirements of this section and establishing wildlife corridors or crossings.
33.2-265.1. Wildlife carcass removal tracking; data collection.
The Department and the Board shall include in all highway maintenance contracts a requirement for such contractor to identify (i) the latitude and longitude coordinates of the site of each wildlife carcass removal from a highway in the Commonwealth and (ii) the type of animal of such carcass that was removed. Such requirement may be accomplished by using the Department's Wildlife Carcass Removal Tracking application or a subsequent application developed by the Department.