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2011 SESSION
HB 1738 Reporting of water withdrawals; State Water Control Board to impose a civil penalty.
Introduced by: David L. Bulova | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Reporting of water withdrawals; penalty. Authorizes the State Water Control Board to impose a civil penalty, not to exceed $1,000, upon any person who fails to register and report certain water withdrawal information. Any person who withdraws more than one million gallons in any single month for crop irrigation or who withdraws during any single month a daily average that exceeds 10,000 gallons per day is required to be registered and report the amount of his withdrawals. However, prior to determining whether a civil penalty should be assessed, the Board is required to follow certain due process procedures, such as issuing several notices in writing of the person's failure to report his withdrawals. The person will have 60 days after receiving the second notice to file the report. The bill also provides for public comment on the criteria for calculating the appropriate penalty that would be imposed. A violator has the option of entering into a consent agreement with the Board and paying a civil charge that could be less than the $1,000 penalty. The revenue generated from the civil penalties and charges will be deposited in a special fund that shall be used solely to fund the Department of Environmental Quality's water supply planning responsibilities.
FULL TEXT
- 01/10/11 House: Prefiled and ordered printed; offered 01/12/11 11100552D pdf | impact statement
- 02/03/11 House: Printed as engrossed 11100552D-E pdf | impact statement
- 02/22/11 House: Bill text as passed House and Senate (HB1738ER) pdf | impact statement
AMENDMENTS
HISTORY
- 01/10/11 House: Prefiled and ordered printed; offered 01/12/11 11100552D
- 01/10/11 House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
- 01/19/11 House: Reported from Agriculture, Chesapeake and Natural Resources with amendment (14-Y 7-N)
- 01/20/11 House: Read first time
- 01/21/11 House: Passed by for the day
- 01/24/11 House: Passed by for the day
- 01/25/11 House: Read second time
- 01/25/11 House: Committee amendment agreed to
- 01/25/11 House: Motion to refer to committee agreed to (52-Y 47-N)
- 01/25/11 House: VOTE: AGREE TO MOTION (52-Y 47-N)
- 01/25/11 House: Referred to Committee on Appropriations
- 01/26/11 House: Assigned App. sub: Economic Development, Agriculture and Natural Resources
- 01/27/11 House: Subcommittee recommends reporting (6-Y 2-N)
- 01/31/11 House: Reported from Appropriations (16-Y 6-N)
- 02/02/11 House: Read first time
- 02/03/11 House: Read second time
- 02/03/11 House: Amendment previously adopted
- 02/03/11 House: Engrossed by House as amended HB1738E
- 02/03/11 House: Printed as engrossed 11100552D-E
- 02/04/11 House: Read third time and passed House (75-Y 23-N)
- 02/04/11 House: VOTE: PASSAGE (75-Y 23-N)
- 02/07/11 Senate: Constitutional reading dispensed
- 02/07/11 Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
- 02/14/11 Senate: Reported from Agriculture, Conservation and Natural Resources (10-Y 5-N)
- 02/15/11 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/16/11 Senate: Read third time
- 02/16/11 Senate: Passed Senate (29-Y 11-N)
- 02/16/11 Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
- 02/16/11 Senate: Passed Senate (26-Y 14-N)
- 02/22/11 House: Enrolled
- 02/22/11 House: Bill text as passed House and Senate (HB1738ER)
- 02/22/11 House: Signed by Speaker
- 02/23/11 Senate: Signed by President
- 03/28/11 Governor: Vetoed by Governor
- 04/06/11 House: House sustained Governor's veto (58-Y 42-N)
- 04/06/11 House: VOTE: OVERRIDE GOVERNOR'S VETO (58-Y 42-N)
- 04/06/11 House: 67 affirmative votes required to override veto