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1998 SESSION

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(HB1138)

GOVERNOR'S VETO

    Pursuant to § 6 of Article V of the Constitution of Virginia, I am vetoing House Bill 1138, which is attached hereto.

    Under current law, funds recovered in civil penalties for violations of the State Water Control Law are directed either to the Virginia Environmental Emergency Response Fund or to the county, city or town in which the violation occurred, to be used for the purpose of abating environmental pollution therein.

    This bill would redirect a portion of those funds to be divided equally between the Virginia Coalfield Economic Development Authority for the purposes of developing infrastructure and improvements at Breaks Interstate Park and the Tourism Development Authority for the LENOWISCO and Cumberland Plateau Planning District Commissions.

    These entities currently receive equal portions of the funds recovered in civil penalties by the Department of Mines, Minerals and Energy under the Virginia Coal Surface Mining Control and Reclamation Act of 1979.

    The purposes of the State Water Control Law would be better served if all funds recovered in civil penalties from violations of that law continued to be directed to the county, city or town in which the violation occurred, or to the Virginia Environmental Emergency Response Fund. This rule permits the community in which the violation occurs to benefit in an immediate and tangible way from State enforcement action, thereby enhancing community support for the Water Control Law.

    For example, in one recent case in Lee County, a large civil penalty was directed by the circuit court to be paid to the county for the purpose of financing a significant upgrade of the county's wastewater collection and treatment facilities. In this way, the State enforcement action contributed directly to the improvement of water quality in Lee County for years to come. This result would have been impossible under the amendments proposed to House Bill 1138.

    While I do not doubt that Breaks Interstate Park and the Tourism Development Authority could make effective use of additional resources, they do not contribute in an immediate and tangible way to the protection or enhancement of water quality. Their needs should be examined and provided for by regular appropriations. They should not rely upon the irregular and uncertain revenues derived from civil penalties in water quality enforcement actions

    Accordingly, I veto House Bill 1138.