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2013 SESSION

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13102860D
HOUSE BILL NO. 1579 Offered January 9, 2013 Prefiled January 4, 2013 A BILL to amend and reenact § 10.1-419 of the Code of Virginia, relating to construction of new utility infrastructure in Historic Lower James River. ---------- Patron-- Watson ---------- Referred to Committee on Agriculture, Chesapeake and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 10.1-419 of the Code of Virginia is amended and reenacted as follows:

§ 10.1-419. Declared a state historic river; planning for use and development.

A. In keeping with the public policy of the Commonwealth of Virginia to conserve the portions of certain rivers possessing superior natural beauty, thereby assuring their use and enjoyment for their historic, scenic, recreational, geologic, fish and wildlife, cultural and other values, that portion of the Lower James River in Charles City, James City and Surry Counties, from an unnamed tributary to the James River approximately 1.2 miles east of Trees Point in Charles City County (northside) and Upper Chippokes Creek (southside) to Grices Run (northside) and Lawnes Creek (southside), is hereby declared to be an historic river with noteworthy scenic and ecological qualities.

B. In all planning for the use and development of water and related land resources which changes the character of a stream or waterway or destroys its historic, scenic or ecological values, full consideration and evaluation of the river as an historic, scenic and ecological resource should be given before such work is undertaken. Alternative solutions should also be considered before such work is undertaken. In the event that the use and development of water and related land resources involves the construction of new utility infrastructure, such alternative solutions may include constructing new utility lines underwater.

C. The General Assembly hereby designates the Department of Conservation and Recreation as the agency of the Commonwealth responsible for assuring that the purposes of this chapter are achieved. Nothing in this designation shall impair the powers and duties of the local jurisdictions listed above or the Virginia Department of Transportation.