Reporting of water withdrawals; State Water Control Board to impose a civil penalty. (HB1738)

Introduced By

Del. David Bulova (D-Fairfax)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 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 can be used solely to fund the Department of Environmental Quality's water supply planning responsibilities. Read the Bill »


Bill Has Failed


01/10/2011Prefiled and ordered printed; offered 01/12/11 11100552D
01/10/2011Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/11/2011Prefiled and ordered printed; offered 01/12/11 11100552D
01/19/2011Reported from Agriculture, Chesapeake and Natural Resources with amendment (14-Y 7-N) (see vote tally)
01/20/2011Read first time
01/21/2011Passed by for the day
01/24/2011Passed by for the day
01/25/2011Read second time
01/25/2011Committee amendment agreed to
01/25/2011Motion to refer to committee agreed to (52-Y 47-N)
01/25/2011VOTE: AGREE TO MOTION (52-Y 47-N) (see vote tally)
01/25/2011Referred to Committee on Appropriations
01/26/2011Impact statement from DPB (HB1738)
01/26/2011Assigned App. sub: Economic Development, Agriculture and Natural Resources
01/27/2011Subcommittee recommends reporting (6-Y 2-N)
01/31/2011Reported from Appropriations (16-Y 6-N) (see vote tally)
02/02/2011Read first time
02/03/2011Read second time
02/03/2011Amendment previously adopted
02/03/2011Engrossed by House as amended HB1738E
02/03/2011Printed as engrossed 11100552D-E
02/04/2011Read third time and passed House (75-Y 23-N)
02/04/2011VOTE: PASSAGE (75-Y 23-N) (see vote tally)
02/07/2011Impact statement from DPB (HB1738E)
02/07/2011Constitutional reading dispensed
02/07/2011Referred to Committee on Agriculture, Conservation and Natural Resources
02/14/2011Reported from Agriculture, Conservation and Natural Resources (10-Y 5-N) (see vote tally)
02/15/2011Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/16/2011Read third time
02/16/2011Passed Senate (29-Y 11-N) (see vote tally)
02/16/2011Reconsideration of Senate passage agreed to by Senate (40-Y 0-N) (see vote tally)
02/16/2011Passed Senate (26-Y 14-N) (see vote tally)
02/22/2011Bill text as passed House and Senate (HB1738ER)
02/22/2011Signed by Speaker
02/23/2011Impact statement from DPB (HB1738ER)
02/23/2011Signed by President
03/28/2011G Vetoed by Governor
04/06/2011House sustained Governor's veto (58-Y 42-N)
04/06/2011VOTE: OVERRIDE GOVERNOR'S VETO (58-Y 42-N) (see vote tally)
04/06/201167 affirmative votes required to override veto


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 8 clips in all, totaling 13 minutes.