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2005 SESSION

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(SB1054)

GOVERNOR'S VETO

 

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 1054.  This legislation requires the Virginia Liaison Office to work with the state’s congressional delegation and executive agencies to promote legislation or executive action that would provide an exemption to the existing moratorium on offshore natural gas exploration and development activities.

Senate Bill 1054 has two fundamental deficiencies.  First, it encroaches on the role of the Governor to direct the activities of the Virginia Liaison Office.  Second, it directs the Commonwealth to advocate for federal legislation that has yet to be introduced.

The Virginia Liaison Office is part of the Office of the Governor and its staff members report directly to the Governor.  The current statutory duties of the Virginia Liaison Office are general in nature and involve keeping the state’s congressional delegation informed of the Governor’s priorities.  Even the most important issues are left to the discretion of the Governor.  For example, there is no statutory requirement for the Virginia Liaison Office to advocate for more federal transportation funding for Virginia or federal assistance in cleaning up the Chesapeake Bay.  The office can and does advocate for these priorities even in the absence of a statutory mandate.  This has always been left to the discretion of the Governor.

Senate Bill 1054 would permanently place in the Code of Virginia a requirement to advocate for lifting the moratorium on offshore exploration and development of natural gas.  There is nothing to prevent individual legislators or groups of legislators from advocating for these or other policies. 

That said, the federal legislation referenced in Senate Bill 1054 remains in draft form and has not yet been introduced in Congress.  It is impossible to adequately form an opinion on federal legislation that does not yet exist.  We need consensus on a national energy policy, and the contemplated federal legislation raises significant public policy issues on which I am willing to keep an open mind.  However, it is inappropriate for the state to commit to a position on the legislation until such time as it has actually been introduced. 

The General Assembly acknowledged the need for further study of these issues in passing House Joint Resolution 625.  This study, which was approved with administration support, requests the Secretary of Commerce and Trade to examine state legislation that might be needed in response to contemplated federal action on these issues.  I will ask the Secretary, as part of his study, to monitor federal developments on domestic energy production and needed state responses, if any.  I have every confidence in the ability of my Secretary of Commerce and Trade to do a comprehensive study of these important issues.  At the same time, I am uncomfortable with legislation predetermining the outcome of this effort. 

For the reasons stated above, I am returning Senate Bill 1054 without my signature.