This bill represents the effort of 1 and 1/2 years work to clean up and re-organize the dangerous dog statute. A number of loopholes are closed and processes streamlined. Using surveys, classes, and public meetings the work group actively sought input from stakeholders and victims (who had often had no voice when previous revisions were undertaken. This bill has the support of VACA, the Virginia Alliance for Animal Shelters (VAAS), the Virginia Federation of Humane Societies (VFHS) and the office of the Attorney General. This bill was unopposed on the Senate side. Kathy Strouse, Legislative Liaison Virginia Animal Control Association (VACA)

Please vote no on SB 1164. I care passionately about the environment, and I have been putting my plastic bottles in the recycling containers for years, believing, naively, that I was doing a good thing. However, it has come to my attention that most plastic is not actually recycled. When I learned about SB1164 I started doing some research and I was dismayed to learn that "advanced recycling" (chemical conversion) releases toxic chemicals and that there isn't actually that much that can be recycled. I believe this needs more research and that we should be trying to find solutions to decrease the amount of plastic that we produce and consume to begin with. I am concerned that this bill would streamline the permitting process and create many of these polluting facilities. Let's put the brakes on this and try to find better solutions. Thank you.

Advanced recycling or chemical recycling as it is sometimes called are greenwash-like terms which are being used by the plastics industry to address various types of plastic-to-fuel and plastic-to-plastic technologies. The terms “pyrolysis,” “solvolysis,” and “depolymerization” are also used to refer to different technologies to describe this process but whatever the process is called what we are talking about is plastics being burned for fuel. While, in principle, liquids and gases in an advanced recycling system can be turned back into plastics (a process called “repolymerization”) this process is technically challenging and uneconomical. While repolymerization would reduce the demand for fossil fuels, using plastic for fuels can result in production of dirty fossil fuels and produce toxic emissions (such as ash, char, slag, and wastewater). Furthermore, this type of technology is energy intensive to operate and maintain and is cost prohibitive. While Virginia is proposing to encourage advance recycling, Other states are seeking to banned or restricted this type of technology. In Oregon, HB2811 proposes prohibiting any government body from issuing permits for the construction, expansion or modification of chemical recycling facilities. In Maryland, HB21 would prohibit a person from building a facility that converts plastic to fuel or feedstock through certain chemical conversion processes in the State of Maryland. We need to be smarter here in Virginia and I urge the Committee to please reconsider this bill and to look at other options which will help move the Commonwealth toward a more circular economy approach with respect to mixed waste plastics. Thank you.

I oppose this bill. Chemical conversion or advanced recycling creates more air pollution as a solution to a plastic problem. We need to fix our plastic problem at the source and stop producing so much plastic. The air quality in places where there is chemical recycling or the burning of plastics is awful. Please do not create any more environmental injustice communities in the commonwealth of Virginia by passing this bill.

Plastics is polluting our environment. Now that fossil fuels are being phased out as a source of energy, the fossil fuel industry is looking towards a new use, namely plastics. Plastics pollution, especially in our oceans, is a huge problem. The solution, however, is not the mis-named “Advanced Recycling” program. It proposes incinerating plastics and creates new problems: • Burning one ton of plastics emits 3 tons of carbon dioxide, exacerbating climate change. https://materialeconomics.com/publications/the-circular-economy-a-powerful-force-for-climate-mitigation-1 • Toxins are emitted, including: cancer-causing, endocrine- and immune- disrupting dioxins & furans; heavy metals like mercury, cadmium & lead; particulate matter. https://www.no-burn.org/fact-sheet-incineration-and-health/ • Facilities are disproportionately sited in low-income & marginalized communities. https://www.no-burn.org/failingincineratorsreport/ My Ask: For these reasons, I urge you to oppose SB 1164. Please let me know if you have any questions. My affiliated organizations and I count on your support. Thank you for your attention to this important matter.

I strongly oppose SB1164 that would change the definition of Advanced Recycling to manufacturing process from solid waste management’ This change would eliminate the extensive disclosure requirements for a solid waste permit even though such facilities would use solid waste plastics as their feedstock. Advanced Recycling is essentially a chemical process for converting plastics into new plastic or into fuel. It is highly energy intensive and materials used in the process contain the same harmful chemicals as petrochemical plants producing plastics from fossil fuels. The technology remains experimental and there are no examples of a fully operating, commercially viable facility. What little is known about the environmental and health impacts of GHG emissions and toxic by-products suggests that these plants will have the same health and environmental impacts as other plastic production facilities. Moreover, these production facilities will not remove plastic pollution from our waterways and communities. While the idea of recycling our way out of plastic pollution is appealing, the General Assembly should take the time to get science-based information on the impact of advanced recycling facilities, most of which will be located in marginalized communities already facing serious environmental and health issues, before moving forward with this redefinition. The General Assembly should not risk creating another "Cancer Alley" in its haste to approve this bill. Attention should be on passing HB1902 banning EPS food and beverage containers.

I'm writing to urge you to vote NO on this bill. It would amend the Virginia code to label plastic processing as “advanced recycling”. In fact, instead of being an environmentally beneficial practice, this is primarily incineration. leading to increased toxic emissions. This bill would allow industry to treat plastic as non-solid waste, thereby avoiding significant environmental oversight and also lower the cost of plastics, incentivizing its use. This is not what we want for Virginians. Please vote NO on SB 1164.

Clean Fairfax strongly opposes SB 1164 because it will enable dangerous, polluting fossil fuel facilities to proliferate across Virginia. This bill does not and will not remove plastic pollution from waterways and communities. Chemical conversion increases plastic production and creates more waste. It enables harmful, polluting facilities to expand across Virginia with the most severe impacts placed on vulnerable populations with fewer restrictions and reporting requirements of a Landfill or similar. Thank you to Delegate Plum for striking HB 2173 from the docket and we hope it is the will of the committee to remove this bill from consideration as well. The Plastic Waste Prevention Advisory Council would be an appropriate body to study the implications of chemical conversion in Virginia. Thank you, Zach Huntington, Clean Streams Program Manager, Clean Fairfax.

This is a bad bill that will facilitate the emission of toxic substances while producing products that are toxic to the environment (plastic) and/or generate more carbon emissions (diesel fuel). It will; serve to enable the continued use of plastic, not curtail the use of as we must do. Here are a few samples is what a is being said by people who have independent expertise on the subject and are not employees of the chemical industry: Here is what Jim Puckett, Executive Director of Basel Action Network (BAN) says about “Advanced Recycling.” For Americans who religiously sort their recycling, it’s upsetting to hear about plastic being lumped in with toxic waste. But the poisonous parallel is apt. When it comes to plastic, recycling is a misnomer. “They really sold people on the idea that plastics can be recycled because there’s a fraction of them that are,” says Puckett. “It’s fraudulent. When you drill down into plastics recycling, you realize it’s a myth….“They’re going to try and market burning plastic as some kind of green coal.” BAN is an organization devoted to enforcement of the Basel Convention, a United Nations program and international treaty that blocks the developed world from dumping hazardous wastes on the developing world, which includes plastics. Elsewhere, in a 35-page extensive research paper by the Global Alliance for Incinerator Alternatives, the four authors concluded that the Plastic to Fuel Industry is a “shell game” that is not recycling but a producer of carbon emission and their activity “endangers human health.”

My name is Jacob Ellis, and I am one of the directors of Economic Policy of The Greater Good Initiative, a youth-led, nonpartisan thinktank advocating for research-driven policies across the nation and commonwealth. When our organization began back in March as a response to COVID-19 lockdowns, the Tax Relief for Agriculture Industries in Need Act, or TRAIN as we called it, was one of our first policies. TRAIN was in response to footage of farmers being forced to discard vast amounts of food due to supply chain issues, and seeing the need for increased donations to food banks. In SB 1188, the Virginia Agriculture Food Assistance Program is designed to accomplish the intended purpose of TRAIN by offsetting the cost of food donations for farmers, and we are proud to support this bill and an important Virginia industry during this time of need. Senator Hashmi and her staff has been incredibly supportive of this organization and our policies, and we sincerely appreciate it. The Greater Good Initiative over one hundred youth members fully support this bill and hope that it is the pleasure of this committee, and the body at large to pass this bill. Thank you

Many inter- & intra- state gas pipelines are less than 36” in diameter. Currently, VA DEQ inspections of land-disturbing activities for construction of pipelines apply only to those larger than 36”. “Adverse impacts” to trigger stop work orders by DEQ are not well defined and DEQ is not authorized to issue stop work orders for repeated, frequent, and widespread adverse impact. SB 1265 authorizes: inspection of land disturbing activities for pipelines 24” in diameter; clarifies “adverse impacts;” and permits DEQ to issue stop work orders. This bill will protect Virginia's water resources from inter & intra state pipeline construction pollution. Support SB1265

This is an administration and agency bill and will give the Department another tool in enforcing dam safety laws that we hope to use to work with dam owners and allow them to avoid fines and put their money into compliance.

Mr. Chairman and members of the Committee, Please vote yes to SB 1319 Waste Control and Recycling:Permits. This bill directs the DEQ Waste Diversion and Recycling Task Force to study ways prohibit the disposal of wasted food, food residuals and other organic materials in Virginia's landfills. It also directs the task force study the development of a food donation and composting infrastructure to accept all food residuals and organic material. Organic waste accounts for 20-30% of waste disposed in landfills. Waste Diversion prpgrams will extend the life of existing landfills reduce the need to develop new landfills. Virginia must adopt more socially responsible and environmentally sustainable methods to manage the waste generated in and brought from outside of Virginia. As stated in its November 1, 2019 Report to the General Assembly, the Department of Environmental Quality concluded that "new paradigms need to be created to manage waste in Virginia and divert waste from landfills." Thank you for your consideration of SB 1319. Sincerely Kevin Halligan Powhatan County Va AMMD Pine Grove Project Member

A so-called “no-kill" animal facility is one that saves both healthy and treatable (medically and behaviorally) dogs and cats, with a a “save rate” of at least 90%, meaning 10% or less of the pets who enter the shelter are euthanized due to severe illness or "extreme aggression," according to the Peninsula SPCA. That means these shelters exterminate wild animals simply for being wild. The majority of animal surrenders in my area go to Peninsula Regional Animal Shelter, a municipal shelter. The Daily Press reported in 2015 that its euthanasia rate was 43%, "typical for municipal shelters across the country." In contrast, the Cat Corner's Hampton TNR program euthanized 0% of its community cats in 2018 (the closest comparable year) and 6% in 2020. And studies show that TNR reduces expensive euthanasia by 95%. That's good for cats, shelters, donors, and tax payers. TNR also benefits people who find community cats to be a nuisance. It stops multiplying, while also preventing a vacuum in unoccupied territory for more cats to fill. It eliminates fighting, spraying, and mating behaviors. And it helps communities of people who do care for these animals by treating them. Most people think they are saving strays and ferals when they call animal control by turning them into shelters. I would really like for shelters -- ESPECIALLY MUNICIPIAL SHELTERS -- to be encouraged to run TNR programs, educate the public about these programs, and, yes, use government funds, where applicable to do so (even if the latter is not outlined in the Bill). Thus, I support SB1390. I fully support SB1412. But not only should animal caregivers have to submit signed statements that they have never been convicted of animal cruelty, they should also have to submit to background checks to employers or licensing agencies. I fully support SB1417. Animals should be released for adoption after cruel testing at lab testing facilities. Civil penalties are not enough should institutions fail to comply.

I support this bill and compassionate TNR efforts. I support the expansion of more robust TNR programs which allow us to work together to control the feral cat population and lets us place adoptable cats & kittens in homes, and manage colonies of unadoptable feral cats (as many volunteers across the state are already doing). We need to expand these efforts, and SB 1390 will empower us to do that.

Please support SB1390. TNR volunteers are cat lovers in the truest definition of the phrase. TNR programs are responsible and well thought out. Not only do TNR programs help community cats, they also support the caretakers. These colony caretakers are desperate for help. We all believe these cats have a right to live, and we know they live a healthier life once they are altered and vaccinated. Community and feral cats only exist because humans failed them. TNR programs step up to right that wrong. Just because these cats exist does not mean they should be euthanized. For those concerned about wildlife, the long term purpose of TNR programs is to humanely decrease the population. Any responsible TNR program only releases healthy cats back to their colony, they continue to work with the caretaker, they ensure the caretaker has food and shelters for the colony, and they maintain long term contact with the caretaker to provide future help as needed. No cats are trapped without permission. TNR programs only assist caretakers who want the help.

I strongly support this bill and the positive outcomes for cats, people, and wildlife that are an outcome of humane and compassionate TNR efforts. I support the expansion of more robust TNR programs which empower organizations and individuals to collaborate to control the feral cat population, place adoptable cats & kittens in homes, and return feral or otherwise unadoptable cats to managed colonies (as many volunteers across the state are already doing). We need to expand these efforts, and SB 1390 will empower us to do that.

YES to bill 1390

Please vote YES on SB 1390 and support Trap-Neuter-Return in Virginia.

I urge you to vote YES to SB 1390 and support Trap-Neuter-Return in Virginia. This bill will support humanely and effectively reducing the number of community cats, as well as the nuisance behavior, public health and wildlife predation concerns associated with them. It will also reduce the number of community cats who are impounded and killed in municipal and private animal shelters and improve the welfare of community cats across the state. TNR is already widely practiced across Virginia and supported across the country. This bill will help establish requirements and guidelines for anyone participating in TNR, and would allow bigger organizations with more resources to engage in TNR - this would result in better, more organized, high-quality TNR programs and education being available to everyone in the state. TNR is supported by many Virginia shelters, as well as the Virginia Federation of Humane Societies and Humane Dominion. National organizations that support TNR include The Humane Society of the United States, Alley Cat Allies, the American Association of Feline Practitioners, the American Society for the Prevention of Cruelty to Animals (ASPCA), the Association of Shelter Veterinarians, Best Friends Animal Society, Cat Fanciers’ Association, Humane Society Veterinary Medical Association, and the National Animal Control Association. I would like to make this clear - the ultimate goal of TNR is to REDUCE the community cat population and to IMPROVE the health of community cats. The only proposed alternative to the cat overpopulation crisis we face is euthanasia. Euthanasia is more costly than TNR, a burden that would fall on the Virginia municipal shelters and taxpayers, and many studies have proven that it's ineffective in controlling and reducing the cat population. I am a volunteer and the TNR Program Manager for Central Virginia Regional Rescue. I have experienced first-hand the cat overpopulation problem we face in central Virginia and have witnessed colony numbers stabilizing and reducing, as a direct result of TNR. I created a TNR program that receives requests from caretakers, concerned citizens, and business owners - they reach out to us for help. We provide education, resources, supplies, volunteers, and reach out to property owners (if needed), to assist with the TNR of stray and un-owned community cats. Cats that are trapped get spayed/neutered, vaccinated for rabies, ear-tipped for identification, and treated for any medical problems, then they are released in the same area where trapped with permission from the property owner. We also assist with lining up food sponsors and caretakers for colonies that need it, and provide resources for on-going support. I hope that you will support and pass SB 1390. This would make a difference in the lives of so many cats and kittens who will otherwise suffer and be unfairly euthanized across Virginia. Thank you for your time and consideration. Kristin Marstin

Please vote YES on SB 1390 and support Trap-Neuter-Return in Virginia. It only makes sense.

Please vote YES on SB 1390 and support Trap-Neuter-Return in Virginia. It’s the only humane way to control / reduce community cat population. Community cats thrive and live happy healthy lives. They are not the cause for decreased bird and wildlife populations, habitat destruction and pesticides are the number one cause.

Please vote yes!! Let the feral kitties live their lives in the places they call home!

Please vote Yes to preserve the ability to trap neuter and return cats. It's a proven program across the country with many volunteers who care for cats on a regular basis. Without this bill the only other option is euthanasia which is cruel.

Vote yes

I am in favor of SB1390. The community needs the TNR program to help control the population in a healthy way. These cats are not a threat to anyone in the community. This is the best way for us to coexist without letting their population continue to grow

Please support this bill. Cat colonies that are not managed as part of a TNR program and supported by volunteers protected from prosecution as provided by SB1390 are unhealthy, a nuisance, and predate wildlife. TNR, as provided in Lynchburg for example, vaccinates, feeds and monitors community cats leading to a reduction over time in numbers and a lessening of public nuisance issues. PLEASE allow our volunteers to continue their good work. If the law requires to be tightened in any way, let's pass this bill NOW and tighten/improve through additional bills voted on in future assemblies. At least three volunteer groups in Lynchburg are desperate for the support SB1390 provides. The bill has the support of the Lynchburg Humane Society AND of the National Association of Animal Control. Bunny Goodjohn / Humane Dominionn Legislative Leader / Lynchburg. (Del Wendall Walker)

SB1390 is a bad bill for cats and a far worse bill for wild birds and mammals. Many folks with far more credentials than I have spoken to this in these excellent comments. I live in a neighborhood where free-roaming “community” cats negatively impact my enjoyment of my property due to their excrement in my yard (and on the bottoms of my shoes) and their litters of kittens in my garage that I must call the county to remove. I don’t feed wild birds anymore because I don’t want to inadvertently lure them to their deaths. Oh, I do have a cat – he’s indoors, where he belongs.

Please do not pass this bill. I am writing on behalf of the Virginia Animal Control Association (VACA) and 16 other groups who oppose SB 1390, the feral cat bill. It will be presented for your consideration in House Ag Sub. You may have heard that opponents have no “alternative solutions so we might as well go forward” with this bill. Nothing could be further from the truth. In fact, those opposed were not permitted to offer any testimony. After hearing from the proponents of SB1390 in Senate Ag Companion Animal Sub, opponents were instructed to state only their name and organization. We were not allowed to say that in 2014, the Companion Animal Comprehensive Law Work Group (CACLWG) spent a much time on the issue of feral cats. A number of us worked on a draft plan for feral cat management, but because the group parameters called for consensus rather than a majority, the plan did not move forward. Nonetheless, the plan we developed addressed many of the issues that remain concerns in SB 1390. I have provided a copy to the members of House Ag Sub. As passed by Senate, SB 1390: • Allows the wholesale abandonment of an entire species of companion animals • Strips cats from the duties of owners to provide adequate care—nothing in this bill requires ongoing adequate food, adequate water, or adequate shelter. Medical care for cats becomes an option. • Discusses record keeping for procedures, but does not strictly require sterilization, rabies vaccinations or microchips. • Strips the right of localities to require a cattery licenses. • Defines “community cat” as one that is lost or not bearing ID. Being lost does not equate to feral, and many, many pet cats do not bear ID. • Provides no protections for citizens who do not wish to have colonies of feral cats on their property. • Provides no prohibitions against such colonies on public properties such as schools, parks, nature preserves, hospitals or municipal centers. • Nothing in the bill requires “TNR Volunteers” to operate only in the same jurisdiction of their sponsoring releasing agency or veterinarian. As written, these persons may cross jurisdictional lines and trap cats where localities have chosen not to have TNR programs. • With no requirement for ongoing care by caretakers such as food and water, cats’ only food source will be wildlife and song birds. This will be devastating for our environment. These are the groups that oppose SB1390 as it is currently written: • American Bird Conservancy • Audubon Society of Northern Virginia • Blue Ridge Wildlife Center • Center for Conservation Biology • Danville Area Humane Society • Ernesto Domínguez, DVM, DACVPM, CWR • Eastern Shore of Virginia Birding and Wildlife Programs, Inc. • People for the Ethical Treatment of Animals (PETA) • Virginia Alliance for Animal Shelters • Virginia Animal Control Association • Virginia Conservation Network • Virginia Society of Ornithology • Virginia Wildlife • Virginia Zoo • Wildlife Center of Virginia • American Association of Zoo Veterinarians (AAZV) • Association of Avian Veterinarians (AAV) We urge you to lay this bill on the table. We further urge the Chair of House Ag to write to VDACS and ask them to call ALL of the stakeholders together to create a real plan for feral cats that provides ongoing care for these animals and mitigates their impact on wildlife. Thank you, Kathy Strouse, Legislative Liaison Virginia Animal Control Association

As a resident located next to a county recycle/dumpster facility where folks have dumped their unwanted animals for years, I would like to oppose this bill. Even after TNR has been conducted here, I see these cats hunting and foraging on the neighbors and on my property. They even make their way into building and barns and leave their waste for me to deal with. Unwanted kittens when they haven't been caught and removed have also resulted in unwanted cats causing destruction and my time and effort to remove. Please treat these unwanted and feral animals in the same respect as the same unwanted and feral pigs in the state. They create havoc, although maybe on a smaller scale, to the environment as well. Feral is Feral and not wanted.

I am writing to ask you to oppose SB1390, at least in its current form, without any regulations built in. I am one of 200 wildlife rehabbers around the state who are on the front lines of the cat crisis. Studies with cameras have shown one cat kills 100 wild animals every year. Multiply that times all the neighborhood cats let outside, hundreds of thousands of wild animals killed in Virginia, at a minimum. Probably millions. Most people take these numbers lightly, but rehabbers see them up close. I am one of the few Virginia rehabbers also permitted by USFWS for birds, so I see directly the results of these cats. 80% of the cat attacked birds I receive, with even a small puncture wound, die. I have to get them to a vet within 24 hours for a course of antibiotics. Many of the rescuers are just victims of all the outside cats that wander into their yard. Please do not legitimize this practice in an unregulated way. The DWR has many tragic stories of our parks being used as dumping grounds for cats. Please consider asking them to testify on this risk. As a rehabber, I must have a permit renewed every year, continued education, rabies vaccinations for RVS, and I also have federal requirements. These folks that will be managing neighborhood cat colonies have no requirements under this bill. Please build enough regulations. Better yet, make it a law that every cat must have an ID tag so they can be returned back to their owner. Thank you for considering my view. Barbara Slatcher

I am writing on behalf of the Virginia Society of Ornithology (VSO) in OPPOSITION to SB 1390 Cats: Trap, Neuter, Return. The VSO is a non-profit organization founded in 1929 with a longstanding focus on conservation of Virginia's birds. (www.virginiabirds.org) We are opposed to SB1390 for many reasons, especially because of the huge toll feral cat predation takes on bird life. The populations of many birds are plummeting, and cats are the number one anthropogenic cause of bird mortality. Cats kill 2.4 billion birds each year in the U.S. alone. We are also opposed to SB 1390 because it includes very little oversight or guidelines and excludes TNR practitioners from the laws in Virginia that protect cats, wildlife and human health. There is no specific requirement in the bill that “community cats” must be neutered or vaccinated against rabies. Cats are the most prevalent domestic animal carriers of rabies; Toxoplasmosis is a serious threat to human health, and to pig, sheep, and goat production. The current Covid -19 pandemic should be a warning that we’re ever more at risk of zoonotic diseases. But there are no limits in the bill on where TNR cats can be released – it could be in a neighborhood that is concerned about the diseases carried by cats, or on public land set aside for protection of wildlife and enjoyment of people. Virginia should be strengthening, not weakening the laws already in place that protect wildlife and humans from diseased animals. We are concerned that, despite our presence at Senate meetings, and despite the written testimony of our members, our views and those concerning animal welfare and public health still need a fair hearing. TNR is an issue that has been thoroughly studied, and despite the good intentions of TNR proponents, there is little proof that TNR relieves suffering by cats or reduces feral cat populations. VSO respectfully requests this committee to ask Virginia Department of Wildlife Resources Director Ryan Brown to testify at your meeting concerning the Department’s experience with feral cats. Thank you for considering our views. Kind regards, Terri Cuthriell

I strongly urge the Virginia legislature to oppose this bill, as it is detrimental to both the well-being of cats and our local wildlife. As the owner of an adopted cat, I know not only the hardships feral cats face, but also the havoc they can wreak on local bird and small mammal populations. As a state filled with cities and towns designated as bird sanctuaries, this bill should not pass.

Mr. Chair and Members of the Committee, My name is Heidi Crosky and I am reaching out to you on behalf of the Virginia Animal Owners Alliance. We ask that you please OPPOSE SB 1390 in regards to feral cats. There are multiple issues that need to be addressed, but the biggest problem has to do with the citizens of Virginia. SB 1390 is highlighting the ownership issue, but not fixing the problem. The bill's proposal of a "community cat" is only muddying the waters. Under current law, if a citizen "harbors" an animal they are legally considered its owner. SB 1390 does not change this. The definition remains a problem, because of how it translates into everyday life. If an individual wants to feed a pitiful stray cat, they can end up in court for neglect because of its poor body condition! Compassion is a LIABILITY in Virginia. This may sound far-fetched, but citizens have been and continue to be held liable for stray animals they were trying to help. On one hand the state is saying we own animals we do not actually claim, while on the other they strip us of our rights in the animals we DO own regarding our choice in their diet, exercise routine, enrichment items, veterinarian, and need for euthanasia. We can agree that changes need to be made to the code, but this bill is not the answer. It is only exacerbating the problem. Please do not take the band aid approach on this issue. We ask that you OPPOSE SB 1390 and instead work with stakeholders after the session to address the many concerns that have been raised by citizens of the Commonwealth. Sincerely, Heidi Crosky Virginia Animal Owners Alliance

Please do NOT pass this Bill. It is bad for cats, bad for birds and wildlife, and bad for humans. Cats should not be allowed to roam and should never be returned to an outdoor environment for their own protection and that of wildlife. Cats are both prey and predator. As companion pets they should be kept indoors, be neutered, be regularly vaccinated and have annual VET care. Please do not allow cats to be returned to the streets, outdoors or the wild. Feral and roaming cats kill 2.4 Billion Birds each year in the USA. Cats have caused the extinction of more than 60 species of birds. Cats also kill small mammals and reptiles. Cats are also the carriers of dangerous diseases including rabies and toxoplasmosis that pose a danger to humans as well as other animals. Please kill this irresponsible bill and instead lets eliminate roaming and feral cats from the natural environment. Thank you.

As the founder and president of The Save Lucy Campaign, the only bat conservation organization based in Virginia solely dedicated to conservation of native bat species, I must speak for Virginia’s bats and against SB 1390. Our organization bears witness to the damage inflicted on our native bats by free roaming domestic cats--whether feral, so called community cats, or owned free ranging pets. Virginia hosts 17 species of bats. Of those, 7 are state or federally listed as endangered or threatened. An additional 4 are classified as of special conservation need. To put it plainly, 11 of Virginia’s 17 bat species are recognized as declining, some drastically. Four of those species are further listed on the IUCN red list, a global list of vulnerable species in need of conservation action. Virginia’s bats are in trouble. White nose syndrome, caused by an introduced fungus, has already reduced most of our cave hibernating bat species by up to 90% in less than 15 years. These species cannot afford further threats. And yet, SB 1390 proposes to allow anyone at all to establish a trap-neuter-release (TNR) program for a non-native invasive predator that is known to prey on bats. Literature from North America, Europe, Australia, New Zealand, and other island nations documents the depredations of free roaming cats on bats. Copious literature abounds that clearly shows that even cats subsidized through feeding programs such as TNR still hunt and prey on native wildlife, often in the very parks and urban centers that bats call home. Virginia’s endangered bat species are found throughout the Commonwealth. In fact, The Save Lucy Campaign has in recent years received state endangered tricolor bats from Fairfax, Arlington, and Harrisonburg. Federally threatened Northern Long Ear bats have come to us from Fairfax, Lexington, and Charlottesville. Critically endangered little brown bats have been recovered in Harrisonburg and Lexington. It is imperative that any TNR programs are required to not further endanger listed bats. The highest rate of cat predation on bats occurs during summer, when mothers are raising young. Bats do not survive these encounters, leaving the year’s young to starve and depriving the population of the reproductive potential of that mother and her descendants. It is unspeakably cruel and irresponsible to increase the numbers of free ranging cats on the landscape with no oversight or restrictions to protect our vulnerable wildlife species. Please vote no on SB 1390.

Eastern Shore of Virginia Birding and Wildlife Programs, Inc. (“ESVBWP”) was formed to support the important ecotourism industry on the Eastern Shore of Virginia, an area that is globally recognized for its importance to migratory birds. ESVBWP has more than 4,000 followers and our leadership has led thousands of people on birding hikes at our numerous nature preserves and refuges. Cat predation on bird nests and migratory birds is a very serious problem here so we have joined with a coalition of Virginia’s bird and wildlife advocates and cat lovers to oppose SB 1390. Studies show that outdoor cats kill upwards of 2 billion birds per year in the United States; sometimes for food but mostly for sport. It’s just their instinct. TNR does not reduce the number of feral cats without a comprehensive, multi-pronged approach – if TNR as proposed in SB 1390 worked, wouldn’t all of the bird and wildlife advocates be supporting it? I urge this committee to please invite the Virginia Department of Wildlife Resources Director Ryan Brown to testify as to DWR’s experience with feral cat colonies before voting on this bill. Opposition to TNR is based on the studies and experience; TNR has been studied extensively. A March 2020 Report by the University of Florida Department of Wildlife Ecology and Conservation analyzed all of the studies on TNR and concluded that TNR cat colony populations were reduced only if there were high rates of adoption/removal of cats (around 50% or more), if there were high rates of neutered cats (70-90%), and if there were low rates of immigration by additional cats (there are very high rates of immigration on the Eastern Shore due to a culture of dumping cats). SB 1390 imposes no standards that would ensure the reduction of feral cats; it does not even require that kittens be removed and placed for adoption! Notably, SB 1390 would allow release of TNR cats into Virginia’s parks, nature preserves, and wildlife refuges – a direct conflict with the public purposes that many of these areas were created (using public funds, in most cases). I can see no benefit to birds, wildlife or cats with TNR as written in SB 1390: cats would be considered a “lesser” companion animal such that abandonment by some people is legalized - a very slippery slope for the beleaguered domestic cat. Cat colonies quickly become areas with abundant cat feces which carry all manner of pathogens, yet SB 1390 has no guardrails to protect human health other than 1 rabies shot (but only if a cat is vetted for sterilization, which is not required of “community cats” per SB 1390’s definition of “community cat.” ) Please – protect cats, protect human health, and protect Virginia’s migratory birds and wildlife – reject SB 1390 as written. Thank you so much for taking the serious look at SB 1390 that is warranted. Very truly yours, Roberta Kellam for Eastern Shore of Virginia Birding and Wildlife Programs, Inc. Franktown VA 23354

Please do not pass this. I have 3 rescue cats and I love them and support efforts to help feral colonies. However, this bill, while it would support such efforts, contains no guards against folks who aren't working for such programs to just wantonly release any cat anywhere without regard for the wildlife in the area. The negative impact on ecosystems from feral cat populations is well documented. Further, this bill would alleviate culpability for pet owners to responsibly care for their animals and, if they desire to cease caring for them, to just throw them out into the wild where either the cat faces a harsh existence or the local ecosystem faces greater pressure and threat to it's sustainability. While I fully support protecting rescue and feral colony care efforts, I think this legislation needs to include provisions against just any joe blow releasing cats into any area.

Please do not pass this bill. While TNR programs do help prevent some future kittens, feral TNR programs do absolutely nothing to protect our already severly declining bird and wildlife populations. Every year the 200-300 wildlife rehabilitators get thousands of calls about wildlife injured or attacked by outdoor cats. We need to strengthen our laws on feral cats and no longer allow them. Just as we don't allow stray dogs to run rampant,we should not be allowing invasive feral cats either. This law also prevents TNR trappers from any responsilibity of that cat after release. Which might lead to more large over populated cat feeding areas. Please do not pass this legislation. Adrianna Clinton Wildlife Rehabilitator -AWARE Invasive Plant Coordinator- JRPS Biologist Assistant Technician- DWR

Here’s why this bill is a bad idea-link below (please read entire webpage) https://www.savelucythebat.org/2021/02/07/a-plea-from-president-leslie/

As a practicing veterinarian who spays and neuters for cat rescues and has assisted with TNR, I am opposed to SB1390. As written, this bill will lead to the release of many more unwanted cats to live the rest of their lives outside, without consideration for their health or quality of life, or for the citizens and wildlife in these areas. There is nothing in this bill to ensure only healthy cats are released, and no minimum requirements for health care, housing and feeding of these cats once released. Cat populations will not be controlled under this bill because many unneutered cats cannot be trapped. This bill will allow the release of every unwanted or feral cat once they are neutered and receive one rabies vaccine (lasting only one year). Currently, due to an overpopulation of cats, many of these cats are euthanized at shelters, but this bill will allow all of them to be released outside. Once released, these cats will need to survive winter with no shelter, avoid predators, and compete with large numbers of other cats and wildlife for food. In addition, they will be exposed to parasites and disease with little or no veterinary care. Rabies cases in feral cats have been increasing in recent years, and all these additional TNR cats will be susceptible after their 1 year rabies vaccine expires. In addition, highly contagious respiratory diseases, feline leukemia (FeLV) and immunodeficiency viruses (FIV), and feline distemper cause suffering and high fatality rates in these colonies. Wildlife, including raccoons, skunks, opossums, and foxes, share feeding stations with the cats there, and they also share diseases and parasites. Toxoplasmosis, a disease dangerous to human health, is spread by cats in these colonies. Cats are also commonly infected with feline coronavirus, and we now know cats can also become infected with Covid19. By increasing the number of feral cats in our communities, we risk creating serious public health concerns. Neighbors of these cat colonies complain to me that they don’t see or hear any songbirds in their neighborhoods. Outdoor cats kill billions of birds and small mammals every year. TNR sounds good in theory, but I’ve seen how miserable these cats are outside in the winter, and how sick they become. Spay/neuter of stray and feral cats is necessary, but not with the end result of tossing them outside. Please do not pass SB1390 without considering the impact these feral cat colonies have on public health, on neighborhoods, and also please consider the health and suffering of these cats.

I am writing on behalf of the Virginia Animal Control Association (VACA) and 16 other groups who oppose SB 1390, the feral cat bill. It will be presented for your consideration in House Ag Sub. You may have heard that opponents have no “alternative solutions so we might as well go forward” with this bill. Nothing could be further from the truth. In fact, those opposed were not permitted to offer any testimony. After hearing from the proponents of SB1390 in Senate Ag Companion Animal Sub, opponents were instructed to state only their name and organization. We were not allowed to say that in 2014, the Companion Animal Comprehensive Law Work Group (CACLWG) spent a much time on the issue of feral cats. A number of us worked on a draft plan for feral cat management, but because the group parameters called for consensus rather than a majority, the plan did not move forward. Nonetheless, the plan we developed addressed many of the issues that remain concerns in SB 1390. I have provided a copy to the members of House Ag Sub. As passed by Senate, SB 1390: • Allows the wholesale abandonment of an entire species of companion animals • Strips cats from the duties of owners to provide adequate care—nothing in this bill requires ongoing adequate food, adequate water, or adequate shelter. Medical care for cats becomes an option. • Discusses record keeping for procedures, but does not strictly require sterilization, rabies vaccinations or microchips. • Strips the right of localities to require a cattery licenses. • Defines “community cat” as one that is lost or not bearing ID. Being lost does not equate to feral, and many, many pet cats do not bear ID. • Provides no protections for citizens who do not wish to have colonies of feral cats on their property. • Provides no prohibitions against such colonies on public properties such as schools, parks, nature preserves, hospitals or municipal centers. • Nothing in the bill requires “TNR Volunteers” to operate only in the same jurisdiction of their sponsoring releasing agency or veterinarian. As written, these persons may cross jurisdictional lines and trap cats where localities have chosen not to have TNR programs. • With no requirement for ongoing care by caretakers such as food and water, cats’ only food source will be wildlife and song birds. This will be devastating for our environment. These are the groups that oppose SB1390 as it is currently written: • American Bird Conservancy • Audubon Society of Northern Virginia • Blue Ridge Wildlife Center • Center for Conservation Biology • Danville Area Humane Society • Ernesto Domínguez, DVM, DACVPM, CWR • Eastern Shore of Virginia Birding and Wildlife Programs, Inc. • People for the Ethical Treatment of Animals (PETA) • Virginia Alliance for Animal Shelters • Virginia Animal Control Association • Virginia Conservation Network • Virginia Society of Ornithology • Virginia Wildlife • Virginia Zoo • Wildlife Center of Virginia • American Association of Zoo Veterinarians (AAZV) • Association of Avian Veterinarians (AAV) We urge you to lay this bill on the table. We further urge the Chair of House Ag to write to VDACS and ask them to call ALL of the stakeholders together to create a real plan for feral cats that provides ongoing care for these animals and mitigates their impact on wildlife. Thank you, Kathy Strouse, Legislative Liaison Virginia Animal Control Association

Currently, the release of TNR cats is considered abandonment under Virginia law as it is illegal to release domestic animals and it is inhumane. This law would create an exemption for cats to legalize their release without addressing the fact that it is still inhumane and that an abundance of research has shown TNR programs to be ineffective at reducing free-roaming cat populations. Points to consider are: The lives of feral cats are brutal: they are exposed to weather, cars, predators (coyotes, foxes and raccoons), disease and inferior nutrition. Up to 75 percent of feral kittens die before they reach six months old, and adult life expectancy is only 2-5 years. Cats are a leading cause of declining bird populations, killing an estimated 2.4 billion birds every year in the United States. Unowned cats in the environment can spread disease to other animals and to people with rabies and toxoplasmosis being particular concerns. Because TNR cats are generally vaccinated for rabies only once and do not get regular veterinary care, they are unlikely to have lifetime immunity. The Association of Avian Veterinarians(AAV) wishes to comment on SB1390 that recently passed in the Virginia Senate. This bill exempts feral cats from the protections provided by Chapter 65, Comprehensive Animal Care, of Title 3.2, Agriculture, Animal Care, Food, of the Code of Virginia. The proposed exemptions effectively remove accountability from Trap Neuter Release (TNR) volunteers and encourage them to continue and expand efforts that have been proven to be ineffective at decreasing outdoor cat populations while causing a serious threat to native wildlife and public health. As a global organization of veterinarians committed to avian health, welfare, and conservation, the AAV supports actions to ban or eliminate cat colonies on public lands and discourages feral cat colonies on private lands. As veterinarians, we work with pet owners, veterinary educational institutions, and other professional organizations to promote awareness, education, and research aimed at reducing the number of owned and stray free-roaming cats. This bill will do just the opposite. We recommend developing and supporting local ordinances that a) require mandatory spay/neuter of all cats over six months of age unless the owner purchases an annual intact/breeders permit; b) require all cats to be licensed and vaccinated against rabies (this bill does nothing to require rabies vaccination and the single rabies vaccine provided by most TNR groups does not provide long-term immunity); c) discourage cat owners from allowing their cats to roam. We do support reducing stray cat numbers through humane capture with placement when appropriate. Just as dogs that cannot be placed in homes are not released, it is not appropriate to release cats that cannot be homed. The Virginia Department of Wildlife Resources and the Virginia Department of Health should be involved in such laws given the significant impact of cat colonies on the state’s wildlife and public health. Domestic cats, which includes all stray and feral cats, are not meant to survive in the wild. Feeding them only encourages larger numbers which in turn lead to the loss of more wild birds and other wildlife. The changes proposed to the current law are a serious threat to native birds, humans, and the environment. We strongly recommend disapproval of SB1390.

I am a Wildlife Veterinarian educated and trained at Virginia Tech and the Virginia-Maryland College of Veterinarian Medicine, as well as born, raised, and a lifelong resident of our beautiful Commonwealth. I writing to request that you reconsider and oppose Senate Bill 1390, Cats: Trap, Neuter, and Return Programs. This bill exempts feral cats from the protections provided by Chapter 65, Comprehensive Animal Care, of Title l 3.2, Agriculture, Animal Care, Food, of the Code of Virginia. I am opposed to this bill because: Feral cats can harbor many zoonotic diseases - those that can be transferred from animals to humans -including rabies, pathogenic E. coli, and toxoplasmosis. Many feral cat colonies are visited routinely by people, exposing humans to these diseases. Additionally, rabies prevention vaccines are not going to be required beyond a cat’s initial capture under the proposed bill, which contradicts many Virginia localities' rabies license requirements. Feral cats kill 2.4 billion wild birds and 12.3 billion small mammals each year in the US. In 2016, The Journal of Wildlife Management published an extensive 11-year study conducted by the Wildlife Center of Virginia, which shows that domestic cat attacks are one of the most frequent and most lethal causes of animal admissions at the Center. In the 11-year period, of all small mammals admitted due to cat attacks, more than 70 percent died or had to be euthanized. For small birds, the mortality rate was a staggering 81 percent. Read the full paper here: https://onlinelibrary.wiley.com/doi/full/10.1002/jwmg.21181 Additionally, the Wildlife Center’s study graphically illustrates that free-roaming cats are not “just” killing mice and rats. At the Center alone, 83 species of wild birds and small mammals were admitted due to cat attacks, including both common and rare species. Among the most frequent avian victims were Mourning Doves, Blue Jays, American Robins, and Northern Cardinals. Gray squirrels, chipmunks, cottontail rabbits, and flying squirrels topped the list for small mammals that fell victim to cats. Legalizing TNR programs in Virginia would result in additional and larger feral cat colonies that would kill more native birds and small mammals. Cats are domesticated pets, and, when outside, are an invasive species. Domestic cats are not wild native creatures and do not belong in Virginia’s outdoor ecosystems. Even well-fed outdoor cats instinctively hunt and kill wildlife. TNR is inhumane. "Returned" feral cats’ life expectancies are radically reduced by trauma, disease, starvation, and weather extremes. Since domestic cats depend on humans for well-being and survival, “abandoning” or “dumping” cats (as defined by the Code of Virginia but exempted by this TNR bill) contradicts the intent of Chapter 65, Comprehensive Animal Care and would therefore be inhumane. TNR would not reduce feral cat populations. The claim that TNR would affect stabilization or reduction of feral cat populations assumes that almost all cats in colonies are neutered, and that non-sterilized cats don’t immigrate into cat colonies. These assumptions are not plausible. Thank you for your consideration in this matter. Sincerely, Kelli Knight LeVan, DVM, CWR Wildlife Veterinarian

A so-called “no-kill" animal facility is one that saves both healthy and treatable (medically and behaviorally) dogs and cats, with a a “save rate” of at least 90%, meaning 10% or less of the pets who enter the shelter are euthanized due to severe illness or "extreme aggression," according to the Peninsula SPCA. That means these shelters exterminate wild animals simply for being wild. The majority of animal surrenders in my area go to Peninsula Regional Animal Shelter, a municipal shelter. The Daily Press reported in 2015 that its euthanasia rate was 43%, "typical for municipal shelters across the country." In contrast, the Cat Corner's Hampton TNR program euthanized 0% of its community cats in 2018 (the closest comparable year) and 6% in 2020. And studies show that TNR reduces expensive euthanasia by 95%. That's good for cats, shelters, donors, and tax payers. TNR also benefits people who find community cats to be a nuisance. It stops multiplying, while also preventing a vacuum in unoccupied territory for more cats to fill. It eliminates fighting, spraying, and mating behaviors. And it helps communities of people who do care for these animals by treating them. Most people think they are saving strays and ferals when they call animal control by turning them into shelters. I would really like for shelters -- ESPECIALLY MUNICIPIAL SHELTERS -- to be encouraged to run TNR programs, educate the public about these programs, and, yes, use government funds, where applicable to do so (even if the latter is not outlined in the Bill). Thus, I support SB1390. I fully support SB1412. But not only should animal caregivers have to submit signed statements that they have never been convicted of animal cruelty, they should also have to submit to background checks to employers or licensing agencies. I fully support SB1417. Animals should be released for adoption after cruel testing at lab testing facilities. Civil penalties are not enough should institutions fail to comply.

Mr. Chair and Members of the Committee, My name is Heidi Crosky and I am reaching out on behalf of the Virginia Animal Owners Alliance. We represent a wide range of animal owners from across the Commonwealth and ask that you please OPPOSE SB 1412. While it sounds good on the surface, this bill is ignoring a glaring fact that needs to be addressed in our state: good people are being wrongfully charged with animal neglect and cruelty. There are those in Virginia who have been very liberal in charging people with these crimes. For example, Travis Evans was convicted in Stafford County for not euthanizing his pet dog fast enough when it had cancer. Thankfully, he appealed and the charges were dropped after his story gained worldwide attention for the way he was treated. In Roanoke, Paula "Poo" Wyche was on the board of the Roanoke Valley SPCA when she was arrested and charged with animal cruelty for trying to help a stray dog with a skin condition and dental issues. She was prosecuted by Michelle Welch who was reported by the Roanoke Times as stating to the judge, "Under the Code, your Honor, all she had to do was euthanize this dog and she'd be OK..." The judge saw things differently. The Roanoke Times reported how the judge came to his decision to not convict Paula. He stated that such a decision would mean that “any citizen of the commonwealth can be prosecuted” in spite of doing their best to look after an animal. He went on to state, “I cannot believe that anyone in this commonwealth, including the General Assembly, would hold anyone to that standard.” The judge's decision saved Paula, but it did not stop or deter Michelle Welch. Within a couple of years, she was successful in getting her Animal Law Unit established. Animals continue to be defined by her experts as "neglected" when they simply have physical imperfections such as a loss of feathers or obesity. She is also using pet sickness or accidents as reason to charge people. An ongoing case involving the Animal Law Unit pertains to a puppy that ate a piece of plastic and had internal damage. Dogs eat things they shouldn't and veterinarians all over the Commonwealth work to save them. But Michelle Welch and her prosecuting team allow no room for accidents. Michelle also presents her own training course where she teaches that the "emergency veterinary treatment" definition under 3.2--6500 is the "catch all" for her cruelty cases. These actions are reckless and wrong. Accidents happen. Old age and death are a part of life. Innocent people should not be punished this way. While the General Assembly may not have intended the law to be used in this manner, this is the reality animal owners are dealing with in Virginia. Taking in a stray animal is a liability. Letting your animal live out its last days in peace can easily make you a target. We need reform in our laws and the creation of actual animal care standards (such as with USDA and the Animal Welfare Act), so that things are not left open to a matter of opinion. If Paula Wyche could be charged and Travis Evans could be convicted, any one of us could easily be in the same shoes. Until the environment changes in our state, we cannot support bills such as SB 1412. We ask that you oppose this legislation and help us bring the reform to our state that is so badly needed. Sincerely, Heidi Crosky Virginia Animal Owners Alliance

A so-called “no-kill" animal facility is one that saves both healthy and treatable (medically and behaviorally) dogs and cats, with a a “save rate” of at least 90%, meaning 10% or less of the pets who enter the shelter are euthanized due to severe illness or "extreme aggression," according to the Peninsula SPCA. That means these shelters exterminate wild animals simply for being wild. The majority of animal surrenders in my area go to Peninsula Regional Animal Shelter, a municipal shelter. The Daily Press reported in 2015 that its euthanasia rate was 43%, "typical for municipal shelters across the country." In contrast, the Cat Corner's Hampton TNR program euthanized 0% of its community cats in 2018 (the closest comparable year) and 6% in 2020. And studies show that TNR reduces expensive euthanasia by 95%. That's good for cats, shelters, donors, and tax payers. TNR also benefits people who find community cats to be a nuisance. It stops multiplying, while also preventing a vacuum in unoccupied territory for more cats to fill. It eliminates fighting, spraying, and mating behaviors. And it helps communities of people who do care for these animals by treating them. Most people think they are saving strays and ferals when they call animal control by turning them into shelters. I would really like for shelters -- ESPECIALLY MUNICIPIAL SHELTERS -- to be encouraged to run TNR programs, educate the public about these programs, and, yes, use government funds, where applicable to do so (even if the latter is not outlined in the Bill). Thus, I support SB1390. I fully support SB1412. But not only should animal caregivers have to submit signed statements that they have never been convicted of animal cruelty, they should also have to submit to background checks to employers or licensing agencies. I fully support SB1417. Animals should be released for adoption after cruel testing at lab testing facilities. Civil penalties are not enough should institutions fail to comply.