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2001 SESSION

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013351404
SENATE BILL NO. 1072 Offered January 10, 2001 Prefiled January 10, 2001 A BILL to amend the Code of Virginia by adding in Chapter 3.1 of Title 62.1 an article numbered 3.2, consisting of sections numbered 62.1-44.17:5, 62.1-44.17:6, and 62.1-44.17:7, relating to reporting of ballast water discharge; penalty. ---------- Patron-- Bolling ---------- Referred to Committee on Agriculture, Conservation and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 3.1 of Title 62.1 an article numbered 3.2, consisting of sections numbered 62.1-44.17:5, 62.1-44.17:6, and 62.1-44.17:7 as follows:

Article 3.2. Ballast Water Discharge.

§ 62.1-44.17:5. Definitions.

As used in this article, unless the context requires a different meaning:

"Ballast water" means any water or matter taken on board a vessel to control or maintain trim, draft, stability or stresses of the vessel, without regard to the manner in which it is carried.

"Commercial vessel" means a self-propelled ship in commerce of 300 gross tons or more. The term "commercial vessel" does not include a vessel of the United States Department of Defense or United States Coast Guard subject to the requirements of § 1103 of the National Invasive Species Act of 1996, or any vessel of the Armed Forces, as defined in 33 U.S.C. § 1322 (A)(14), that is subject to the uniform national discharge standards for vessels of the Armed Forces under 23 U.S.C. § 1322 (N).

"Federal guidelines" means the provisions of 33 C.F.R. Part 151, Subpart D, "Ballast Water Management for Control of Nonindigenous Species in Waters of the United States."

"Operator" means any person who owns, operates, charters, rents or otherwise exercises control over or responsibility for a vessel.

§ 62.1-44.17:6. Filing requirements; penalty.

A. The operator, or a ship agent acting on behalf of the operator, of a commercial vessel that discharges ballast water into state waters shall file a Ballast Water Control Report form with the Board within seventy-two hours of the completion of the discharge of ballast water. The operator, or ship agent of an operator, shall not be required to file a Ballast Water Control Report form if (i) the discharged ballast water originated at the location of the discharge and the ballast water has not mixed with ballast water from areas other than open sea waters, or (ii) the vessel's point of origin is located within the United States Exclusive Economic Zone. A Ballast Water Control Report form shall be deemed to have been filed when it is hand delivered to the Board, sent by electronic mail or facsimile transmission and received by the Board, or sent to the Board by registered or certified mail, return receipt requested.

B. Notwithstanding the provisions of § 62.1-44.32, any operator of a commercial vessel who knowingly fails to file a Ballast Water Control Report form within seventy-two hours of the completion of the discharge of ballast water, or who knowingly makes any false statement in a Ballast Water Control Report form submitted to the Board, shall be guilty of a Class 1 misdemeanor.

§ 62.1-44.17:7. Adoption of guidelines and forms.

A. The Board shall adopt the federal guidelines as the guidelines governing voluntary ballast water management practices to be followed by the operators of commercial vessels. The guidelines adopted by the Board shall not require a commercial vessel to be operated in a manner that may threaten the safety of the commercial vessel, its crew or its passengers.

B. The Board shall adopt Ballast Water Control Report forms, consistent with the form adopted by the United States Coast Guard and set forth in 33 C.F.R. Part 151, Subpart D, Appendix, to monitor compliance with the guidelines adopted pursuant to this section. The Board shall adopt procedures to distribute the Ballast Water Control Report form to the operator of a commercial vessel, or to a ship agent for the operator, at the time the commercial vessel enters state waters or as soon thereafter as practicable.

C. The Department of Environmental Quality shall submit copies of the forms received from operators of commercial vessels and ship agents acting on behalf of operators of commercial vessels with the National Ballast Water Information Clearinghouse of the Smithsonian Environmental Research Center on a quarterly basis.