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2010 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 28.2-110, 28.2-111, and 62.1-132.11:2 of the Code of Virginia are amended and reenacted as follows:
§ 28.2-110. Filing requirements; penalty.
A. The operator, or a ship agent acting on behalf of the
operator, of a commercial vessel that enters into Virginia waters shall file a
Ballast Water Control Report form with the Hampton Roads Virginia Maritime
Association as the designated agent of the Commission (i) within seventy-two hours
of the completion of the discharge of ballast water if the commercial vessel
discharges ballast water into Virginia waters, or (ii) prior to the commercial
vessel's departure from Virginia waters if the commercial vessel does not
discharge ballast water into Virginia waters. The operator, or ship agent of an
operator, shall not be required to file a Ballast Water Control Report form if
the commercial vessel's previous port-of-call is located within the United
States Exclusive Economic Zone and a ballast water control report was
previously filed upon entering the first port-of-call 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 Hampton Roads Virginia
Maritime Association, sent by electronic mail or facsimile transmission and
received by the Hampton Roads Virginia Maritime Association, or
sent to the Hampton Roads Virginia Maritime Association by
registered or certified mail, return receipt requested. The services of the
Hampton Roads Virginia Maritime Association shall be provided at no
cost to the Commission. The fees assessed by the Hampton Roads Virginia
Maritime Association shall only be that amount necessary to cover the
expenses for the reporting services provided to vessel operators and any
associated recordkeeping related to the ballast water reporting requirements of
this article. If in the judgment of the Commission or the Hampton Roads Virginia
Maritime Association, the Hampton Roads Virginia Maritime
Association is unable to satisfactorily perform its responsibilities, the
Commission may (i) select another agent, provided proper notice of the change
in the designated agent has been given to operators, or (ii) assume
responsibility for carrying out the provisions of this section.
B. For commercial vessels whose point of origin is located
outside the United States Exclusive Economic Zone and whose first port of call
within the United States Exclusive Economic Zone is within Virginia waters, the
filing of a copy of the completed form submitted by the operator to the
National Ballast Water Information Clearinghouse of the Smithsonian
Environmental Research Center with the Hampton Roads Virginia
Maritime Association shall be deemed compliance with the reporting requirements
of this section.
C. Any operator of a commercial vessel who knowingly fails to
file a Ballast Water Control Report form with the Hampton Roads Virginia
Maritime Association within the applicable time period set forth in subsection
A, or who knowingly makes any false statement in a Ballast Water Control Report
form submitted to the Hampton Roads Virginia Maritime
Association, shall be guilty of a Class 1 misdemeanor.
§ 28.2-111. Adoption of guidelines and forms.
A. The Commission 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 Commission 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 Commission 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 Commission 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 Commission 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. The Hampton Roads Virginia Maritime Association shall
submit such forms to the Commission monthly.
§ 62.1-132.11:2. Maritime Incident Response Advisory Board established; duties; composition; appointment; terms.
The Maritime Incident Response Advisory Board is hereby
established and is hereafter referred to as the Board. The purpose of the Board
shall be to recommend and direct the development of goals, objectives, policies
and plans needed to develop and improve management of maritime fire and
incident issues in Hampton Roads and throughout the Commonwealth. This shall
include recommendations for the use of state general funds for essential
equipment and operation costs, including personnel, material, maintenance,
supplies and training to promote an effective and efficient firefighting and
incident management force. The Board shall be composed of fourteen members
appointed by the Governor as follows: eight members with experience or
expertise, personal or professional, in the areas of fire fighting or port
management, one representative of the Hampton Roads Virginia
Maritime Association, one representative of the Hampton Roads Maritime Incident
Response Team, one representative of the Virginia Port Authority, the Executive
Director of the Port Authority or his designee, the Commissioner of Marine
Resources or his designee, and one citizen member.
Initial appointments shall be made as follows: four members shall be appointed for two years, five members shall be appointed for three years, and five members shall be appointed for four-year terms. The Governor shall designate the term to be served by each appointee at the time of appointment. Thereafter, all members shall be appointed for terms of four years each. Vacancies shall be filled for the unexpired terms. No member shall be eligible to serve more than two successive four-year terms; however, after expiration of a term of three years or less, or after the expiration of the remainder of a term to which he was appointed to fill a vacancy, two additional terms may be served by such member if appointed thereto.
The Board shall elect a chairman and vice-chairman from among its members. Members of the Board shall receive no compensation for their services as members of the Board, but the nongovernmental member shall receive reasonable expenses. Upon the request of the Board, such staff support as is necessary for the conduct of the Board's business shall be furnished by the Port Authority.