January 2013


www.hamptonroadsmessenger.com


Virginia Farmers’ Rights Bill Targets ‘Gestapo-Style’ Tactics


The Hampton Roads Messenger


3


Congress Sends Contaminated Drywall Bill to President Obama’s Desk


Virginia Delegation Instrumental in Protecting Americans from Toxic Homebuilding Material


Washington, DC –


Thanks in large part to bipartisan cooperation across Virginia’s Congressional delegation, the Drywall Safety Act of 2012 is headed to the President’s desk to become law. The legislation sets chemical standards for domestic and imported drywall;


establishes


remediation guidelines for disposal of all drywall; and expresses a sense of Congress that China must be held accountable for the damage this product has already caused in our community and across America.


The original legislation, H.R.


PITCHFORK PROTEST: Supporters of Martha Boneta rallied outside the Fauquier County Courthouse last fall to support the farmer’s battle with zoning officials.


BY KENRIC WARD WARRENTON — Delegate Scott


Lingamfelter has introduced a bill that puts teeth into Virginia’s long-standing Right to Farm Act.


The “Martha Boneta Bill” would


curb local government’s authority to penalize farmers who sell farm-related items on their own property.


Though state law permits farmers


to market produce on-site, Fauquier County officials last year slapped farm operator Martha Boneta with a series of $5,000 fines for selling fruit, vegetables and handicrafts.


Officials said Boneta failed to


obtain the proper permits for her activities. Boneta maintained that she had all the necessary licenses, and, after months of legal wrangling, sued the county for $2 million in damages.


She has since closed her farm,


saying she could no longer operate under the county’s conditions. Boneta was not available to comment about the bill.


Lingamfelter, a Woodbridge


lawmaker who is seeking the GOP nomination for lieutenant governor, said, “Martha Boneta’s rights have been wrongly challenged.”


“I am bringing legislation so small


farmers like Martha will enjoy fully their property rights. It’s not about demonizing anyone in this controversy. It’s about standing by property rights and our Founder’s vision.”


House Bill 1430 would expand


the definition of agricultural operations to include the commerce of farm-to- business and farm-to-consumer sales.


The marketing of certain items


— such as art, literature, artifacts, furniture, food, beverages and other items “incidental to the agricultural operation, and constitute less than a majority amount of production or sales, or less than a majority of annual revenues from such sales” — is included.


Further, Ligamfelter’s bill


gives people engaged in agricultural operations “a cause of action” against the county or any official or employee of the county for violations of the Right to Farm Act.


Targeting Fauquier officials, the bill asserts retroactively that “any


ordinance directed at persons, property or activity on land that is zoned agricultural or silvicultural that seeks to restrict free speech or the right to assembly, among other rights, is null and void.”


In addition to being fined $5,000


for hosting a child’s birthday party on her property, Boneta and her 68-acre Liberty Farm was also charged by the county with two additional violations with up to $5,000 fines apiece –- one for advertising a pumpkin carving and another for operating a small on-site shop to sell her fresh produce and handmade crafts.


By amending the state’s


31-year-old Right to Farm Act to include the byproducts of farm produce and the sale of items incidental to farming, Ligamfelter said his bill “ensures that government officials cannot take action to restrict or prevent the citizens from engaging in commerce.”


“In November of this year, over


74 percent of Virginians voted to strengthen property rights by amending the Constitution of Virginia. Just as that amendment will protect Virginian’s against overreaching governments (by restricting the use of eminent-domain proceedings), House Bill 1430 will ensure that no government official, elected or appointed, will restrict the right to property that our Founding Fathers, many of whom were Virginia farmers, held as inherent and sacred,” Lingamfelter said.


Fauquier County Zoning


Administrator Kim Johnson did not respond to Watchdog.org’s request for comment. The county administra- tor’s office said it expected to issue a statement by 5 p.m. Thursday.


But the Virginia Independent


Consumers & Farmers Association didn’t hesitate to weigh in.


Ed Ely, a VICFA board member


and farmer in Roseland, alleged that Fauquier officials were under the sway of “political wannabes who find it entertaining to annoy landowners who actually work their own land.”


Accusing the county of


“Gestapo-style tactics,” Ely said Boneta’s battle with local officials reflects the “urban-rural tension” found throughout much of Northern Virginia.


“There’s a basic lack of knowledge about agriculture,” he said.


4212, was introduced by Representative Scott Rigell (VA-2) and passed the House of Representatives unanimously this summer. In December, Virginia Senator Mark Warner, a longtime advocate for Chinese drywall victims, was instrumental in moving the legislation unanimously through the Senate with an amendment. Yesterday, the House of Representatives passed the measure on a strong bipartisan vote of 378-37 and sent the final bill to the President’s desk.


“This is a bill about protecting


American families – their health and financial well-being. Too many of our friends and neighbors have suffered because of the effects of Chinese drywall in their homes, and this bill ensures that preventative standards are in place so no American family is faced with the hardship and heartache from contaminated drywall ever again,” said Rigell, co-chair of the bipartisan Contaminated Drywall Caucus which has worked on legislation to address this issue since the beginning of the 112th Congress. “Having worked on this issue since the day I took office, I am pleased that this legislation is headed to the President’s desk. But China must also be held accountable for the devastation this product has already caused, and we will continue to fight for these victims as well.”


“Hundreds of Virginia


homeowners have been put through hell after building or repairing their homes with toxic drywall. Our bipartisan legislation should ensure that, in the future, more Virginians will not have to go through similar nightmares,” said Senator Warner. “This legislation helps make sure that unsafe drywall won’t be sold in the future, and that the manufacturers of tainted drywall will be held accountable.”


Senator Warner and staff have


worked closely for nearly three years with about 100 affected Virginia families. The Senator has worked with mortgage lenders, insurance companies, and the IRS to provide some short-term financial relief for affected families. In October 2009, Senator Warner accompanied Consumer Product Safety Commission Chair Inez Tenenbaum to Hampton Roads to speak with families and tour several homes affected by drywall issues.


The full Hampton Roads House


delegation and all members of the Contaminated Drywall Caucus were


Rep. Scott Rigell


united in helping to achieve this legislative victory to protect Americans from the devastating effects of toxic drywall.


Representatives Randy


Forbes, Rob Wittman, and Bobby Scott were critical in helping Rigell move the bill through the House.


Representative J. Randy Forbes


(VA-4) said, “Thousands of American homeowners have suffered enormous hardship as a result of hazardous tainted drywall imported from China. This legislation is an important step forward in ensuring that future homeowners will be protected from the financial and emotional burden of having toxic drywall in their homes. I also applaud Congress in sending a clear message to Chinese manufacturers that restitution must be paid to the American customers who suffered due to their defective and unsafe product.”


“In my visits with various families


in the Hampton Roads area who have been affected by toxic Chinese drywall, I’ve witnessed firsthand the devastating impact it has had on both their health and their financial stability,” said Congressman Rob Wittman (VA-1). “The passage of the Drywall Safety Act is an important step toward requiring accountability from Chinese manufacturers and preventing future suffering by American families.”


“I am pleased this important


legislation will soon reach the President’s desk,” said Congressman Bobby Scott (VA-3). “Toxic Chinese drywall has caused serious health complications as well as financial hardship for too many Hampton Roads families. This legislation will pave the way for the Consumer Product Safety Commission to adopt standards on sulfur content, subject drywall to stricter labeling requirements, and limit further damage from reuse or recycling. These are important preventative measures, but we still have more work to do to hold foreign manufacturers accountable and give the victims the relief they deserve. I commend Congressman Rigell for his leadership on this issue.”


Once signed into law, the bill will: • Express a Sense of Congress


that the Chinese manufacturers need to make restitution to the victims.


• Institute a labeling requirement


so that defective drywall can be traced to the manufacturer.


• Set chemical standards to limit


the amount of sulfur that can be present in domestic and imported drywall, allowing the Consumer Product Safety


DRYWALL PAGE 5


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