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2014 SESSION

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14103324D
SENATE BILL NO. 582 Offered January 10, 2014 A BILL directing the Department of Conservation and Recreation to exempt certain owners of structural impoundments from complying with regulations. ---------- Patrons-- Garrett and Stuart ---------- Referred to Committee on Agriculture, Conservation and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1. § 1. Owners of impounding structures regulated under Virginia's Impounding Structure Regulations (4VAC50-20) who have not begun the upgrading of their impounding structure or have been unable  to meet the regulatory requirements prior to July 1, 2014, shall not be required to comply with such regulations until the Department of Conservation and Recreation has completed an analysis of the costs of implementing such regulations and the General Assembly, after reviewing the analysis, has (i) addressed funding issues for owners to comply with the regulations and (ii) provided additional guidance concerning the implementation of the regulations. The analysis shall determine the number of impounding structures affected by the regulations and the estimated costs of compliance with the regulations for each owner of the impounding structures. The analysis shall (a) calculate the costs of compliance by category for state-owned, soil and water conservation district-owned, locality-owned, and privately owned impounding structures and (b) recommend a strategy and options for funding each category of impounding structure ownership. The Department of Conservation and Recreation shall report its findings to the House Committee on Agriculture, Chesapeake and Natural Resources, the Senate Committee on Agriculture, Conservation and Natural Resources, the House Committee on Appropriations, and the Senate Committee on Finance, no later than December 1, 2014.

§ 2. Owners of impounding structures who, prior to July 1, 2014, have contracted for services in order to comply with the requirements of Article 2 (§ 10.1-604 et seq.) of Chapter 6 of Title 10.1 of the Code of Virginia and the Impounding Structure Regulations shall continue to implement the regulatory requirements and shall not be exempt from such laws and regulations.