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2001 SESSION

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VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact the second enactments of Chapters 1032 and 1054 of the Acts of Assembly of 2000, relating to advancing the effective date of the nontidal wetlands program for linear transportation projects. [S 1243] Approved

Be it enacted by the General Assembly of Virginia:

1. That the second enactment of Chapter 1032 of the Acts of Assembly of 2000 is amended and reenacted as follows:

2. That the State Water Control Board shall promulgate regulations governing excavation activities in wetlands to be effective within 280 days of enactment of this act and shall adopt proposed regulations to implement all other provisions of this act by January 1, 2001, to become effective on October 1, 2001; provided however, and notwithstanding any other provisions of law to the contrary, including §§ 62.1-44.5, 62.1-44.15, and 62.1-44.15:5, that the proposed amendment to the State Water Control Board's regulations 9 VAC 25-210 et seq. and 9 VAC 25-680 et seq., acted upon by the Board on December 13, 2000, shall, when promulgated as final regulations upon completion of the regulatory process established by the Administrative Process Act (§ 9-6.14:1 et seq.) become effective on August 1, 2001, with respect to linear transportation projects of the Virginia Department of Transportation.

2. That the second enactment of Chapter 1054 of the Acts of Assembly of 2000 is amended and reenacted as follows:

2. That the State Water Control Board shall promulgate regulations governing excavation activities in wetlands to be effective within 280 days of enactment of this act and shall adopt proposed regulations to implement all other provisions of this act by January 1, 2001, to become effective on October 1, 2001; provided however, and notwithstanding any other provision of law to the contrary, including §§ 62.1-44.5, 62.1-44.15, and 62.1-44.15:5, that the proposed amendment to the State Water Control Board's regulations 9 VAC 25-210 et seq. and 9 VAC 25-680 et seq., acted upon by the Board on December 13, 2000, shall, when promulgated as final regulations upon completion of the regulatory process established by the Administrative Process Act (§ 9-6.14:1 et seq.) become effective on August 1, 2001, with respect to linear transportation projects of the Virginia Department of Transportation.