HB 1738 Reporting of water withdrawals; State Water Control Board to impose a civil penalty.
David L. Bulova | all patrons    ...    notes
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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:
House amendments
Governor's veto explanation

Status:
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