Old | New | Differences | |
---|---|---|---|
1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 412 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 412 | |
5 | - | (House Bill 1201) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *hb1201* | |
8 | 9 | ||
9 | - | Water Pollution – Civil Penalty Surcharge – Oyster Repletion Fund | |
10 | - | Supplemental Environmental Projects | |
10 | + | HOUSE BILL 1201 | |
11 | + | M3, M2 2lr2587 | |
12 | + | CF SB 876 | |
13 | + | By: Delegates Jacobs, Beitzel, Buckel, Ghrist, Griffith, Hartman, Mautz, | |
14 | + | McComas, McKay, and Otto | |
15 | + | Introduced and read first time: February 11, 2022 | |
16 | + | Assigned to: Environment and Transportation | |
17 | + | Committee Report: Favorable with amendments | |
18 | + | House action: Adopted | |
19 | + | Read second time: March 15, 2022 | |
11 | 20 | ||
12 | - | FOR the purpose of establishing a surcharge on civil penalties imposed for certain | |
13 | - | violations that result in the discharge of pollutants into the Chesapeake Bay or its | |
14 | - | tributaries; establishing the Oyster Repletion Fund as a special, nonlapsing fund in | |
15 | - | the Department of Natural Resources; requiring the surcharges to be deposited to | |
16 | - | the Fund and used to finance the repletion of natural oyster bars in waters impacted | |
17 | - | by water pollution violations requiring the Department of the Environment to | |
18 | - | include oyster repletion projects in a certain database; requiring the Department to | |
19 | - | prioritize a supplemental environmental project involving certain oyster repletion | |
20 | - | projects for a party who is in violation of a certain effluent limitation or unpermitted | |
21 | - | discharge; and generally relating to water pollution and oyster repletion. | |
21 | + | CHAPTER ______ | |
22 | 22 | ||
23 | - | BY repealing and reenacting, with amendments, | |
24 | - | Article – Environment | |
25 | - | Section 9–342 | |
26 | - | Annotated Code of Maryland | |
27 | - | (2014 Replacement Volume and 2021 Supplement) | |
23 | + | AN ACT concerning 1 | |
28 | 24 | ||
29 | - | BY adding to | |
30 | - | Article – Natural Resources | |
31 | - | Section 4–209.1 | |
32 | - | Annotated Code of Maryland | |
33 | - | (2018 Replacement Volume and 2021 Supplement) | |
25 | + | Water Pollution – Civil Penalty Surcharge – Oyster Repletion Fund 2 | |
26 | + | Supplemental Environmental Projects 3 | |
34 | 27 | ||
35 | - | BY adding to | |
36 | - | Article – Environment | |
37 | - | Section 1–306(b)(3) | |
38 | - | Annotated Code of Maryland | |
39 | - | (2013 Replacement Volume and 2021 Supplement) | |
40 | - | (As enacted by Chapter __ (S.B. 90/H.B. 595) of the Acts of the General | |
41 | - | Assembly of 2022) | |
28 | + | FOR the purpose of establishing a surcharge on civil penalties imposed for certain 4 | |
29 | + | violations that result in the discharge of pollutants into the Chesapeake Bay or its 5 | |
30 | + | tributaries; establishing the Oyster Repletion Fund as a special, nonlapsing fund in 6 | |
31 | + | the Department of Natural Resources; requiring the surcharges to be deposited to 7 | |
32 | + | the Fund and used to finance the repletion of natural oyster bars in waters impacted 8 | |
33 | + | by water pollution violations requiring the Department of the Environment to 9 | |
34 | + | include oyster repletion projects in a certain database; requiring the Department to 10 | |
35 | + | prioritize a supplemental environmental project involving certain oyster repletion 11 | |
36 | + | projects for a party who is in violation of a certain effluent limitation or unpermitted 12 | |
37 | + | discharge; and generally relating to water pollution and oyster repletion. 13 | |
42 | 38 | ||
43 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
44 | - | That the Laws of Maryland read as follows: | |
39 | + | BY repealing and reenacting, with amendments, 14 | |
40 | + | Article – Environment 15 | |
41 | + | Section 9–342 16 | |
42 | + | Annotated Code of Maryland 17 | |
43 | + | (2014 Replacement Volume and 2021 Supplement) 18 | |
45 | 44 | ||
46 | - | Article – Environment | |
45 | + | BY adding to 19 | |
46 | + | Article – Natural Resources 20 | |
47 | + | Section 4–209.1 21 | |
48 | + | Annotated Code of Maryland 22 2 HOUSE BILL 1201 | |
47 | 49 | ||
48 | - | 1–306. | |
49 | - | Ch. 412 2022 LAWS OF MARYLAND | |
50 | 50 | ||
51 | - | – 2 – | |
52 | - | (b) (3) THE DEPARTMENT SHALL INCL UDE OYSTER REPLETION | |
53 | - | PROJECTS IN THE DATA BASE. | |
51 | + | (2018 Replacement Volume and 2021 Supplement) 1 | |
54 | 52 | ||
55 | - | 9–342. | |
53 | + | BY adding to 2 | |
54 | + | Article – Environment 3 | |
55 | + | Section 1–306(b)(3) 4 | |
56 | + | Annotated Code of Maryland 5 | |
57 | + | (2013 Replacement Volume and 2021 Supplement) 6 | |
58 | + | (As enacted by Chapter __ (S.B. 90/H.B. 595) of the Acts of the General 7 | |
59 | + | Assembly of 2022) 8 | |
56 | 60 | ||
57 | - | (a) (1) In addition to being subject to an injunctive action under this subtitle, | |
58 | - | a person who violates any provision of this subtitle or of any rule, regulation, order, or | |
59 | - | permit adopted or issued under this subtitle is liable to a civil penalty not exceeding | |
60 | - | $10,000, to be collected in a civil action brought by the Department. | |
61 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9 | |
62 | + | That the Laws of Maryland read as follows: 10 | |
61 | 63 | ||
62 | - | (2) Each day a violation occurs is a separate violation under this | |
63 | - | subsection. | |
64 | + | Article – Environment 11 | |
64 | 65 | ||
65 | - | (b) (1) In addition to any other remedies available at law or in equity and after | |
66 | - | an opportunity for a hearing which may be waived in writing by the person accused of a | |
67 | - | violation, the Department may impose a penalty for violation of any provision of this | |
68 | - | subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle. | |
66 | + | 1–306. 12 | |
69 | 67 | ||
70 | - | (2) The penalty imposed on a person under this subsection shall be: | |
68 | + | (b) (3) THE DEPARTMENT SHALL INCL UDE OYSTER REPLETION 13 | |
69 | + | PROJECTS IN THE DATA BASE. 14 | |
71 | 70 | ||
72 | - | (i) Up to $10,000 for each violation, but not exceeding $100,000 | |
73 | - | total; and | |
71 | + | 9–342. 15 | |
74 | 72 | ||
75 | - | (ii) Assessed with consideration given to: | |
73 | + | (a) (1) In addition to being subject to an injunctive action under this subtitle, 16 | |
74 | + | a person who violates any provision of this subtitle or of any rule, regulation, order, or 17 | |
75 | + | permit adopted or issued under this subtitle is liable to a civil penalty not exceeding 18 | |
76 | + | $10,000, to be collected in a civil action brought by the Department. 19 | |
76 | 77 | ||
77 | - | 1. The willfulness of the violation, the extent to which the | |
78 | - | existence of the violation was known to but uncorrected by the violator, and the extent to | |
79 | - | which the violator exercised reasonable care; | |
78 | + | (2) Each day a violation occurs is a separate violation under this 20 | |
79 | + | subsection. 21 | |
80 | 80 | ||
81 | - | 2. Any actual harm to the environment or to human health, | |
82 | - | including injury to or impairment of the use of the waters of this State or the natural | |
83 | - | resources of this State; | |
81 | + | (b) (1) In addition to any other remedies available at law or in equity and after 22 | |
82 | + | an opportunity for a hearing which may be waived in writing by the person accused of a 23 | |
83 | + | violation, the Department may impose a penalty for violation of any provision of this 24 | |
84 | + | subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle. 25 | |
84 | 85 | ||
85 | - | 3. The cost of cleanup and the cost of restoration of natural | |
86 | - | resources; | |
86 | + | (2) The penalty imposed on a person under this subsection shall be: 26 | |
87 | 87 | ||
88 | - | | |
89 | - | ||
88 | + | (i) Up to $10,000 for each violation, but not exceeding $100,000 27 | |
89 | + | total; and 28 | |
90 | 90 | ||
91 | - | 5. The extent to which the location of the violation, including | |
92 | - | location near waters of this State or areas of human population, creates the potential for | |
93 | - | harm to the environment or to human health or safety; | |
91 | + | (ii) Assessed with consideration given to: 29 | |
94 | 92 | ||
95 | - | 6. The available technology and economic reasonableness of | |
96 | - | controlling, reducing, or eliminating the violation; | |
97 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 412 | |
93 | + | 1. The willfulness of the violation, the extent to which the 30 | |
94 | + | existence of the violation was known to but uncorrected by the violator, and the extent to 31 | |
95 | + | which the violator exercised reasonable care; 32 | |
96 | + | HOUSE BILL 1201 3 | |
98 | 97 | ||
99 | - | – 3 – | |
100 | - | 7. The degree of hazard posed by the particular pollutant or | |
101 | - | pollutants involved; and | |
102 | 98 | ||
103 | - | 8. The extent to which the current violation is part of a | |
104 | - | recurrent pattern of the same or similar type of violation committed by the violator. | |
99 | + | 2. Any actual harm to the environment or to human health, 1 | |
100 | + | including injury to or impairment of the use of the waters of this State or the natural 2 | |
101 | + | resources of this State; 3 | |
105 | 102 | ||
106 | - | | |
107 | - | ||
103 | + | 3. The cost of cleanup and the cost of restoration of natural 4 | |
104 | + | resources; 5 | |
108 | 105 | ||
109 | - | | |
110 | - | ||
106 | + | 4. The nature and degree of injury to or interference with 6 | |
107 | + | general welfare, health, and property; 7 | |
111 | 108 | ||
112 | - | | |
113 | - | ||
114 | - | ||
109 | + | 5. The extent to which the location of the violation, including 8 | |
110 | + | location near waters of this State or areas of human population, creates the potential for 9 | |
111 | + | harm to the environment or to human health or safety; 10 | |
115 | 112 | ||
116 | - | | |
117 | - | the | |
113 | + | 6. The available technology and economic reasonableness of 11 | |
114 | + | controlling, reducing, or eliminating the violation; 12 | |
118 | 115 | ||
119 | - | | |
120 | - | ||
116 | + | 7. The degree of hazard posed by the particular pollutant or 13 | |
117 | + | pollutants involved; and 14 | |
121 | 118 | ||
122 | - | (6) Any penalty collected under this subsection shall be placed in a special | |
123 | - | fund to be used for monitoring and surveillance by the Department to assure and maintain | |
124 | - | an adequate record of any violations, including discharge of waste material and other | |
125 | - | pollutants into the waters of this State or into the environment. | |
119 | + | 8. The extent to which the current violation is part of a 15 | |
120 | + | recurrent pattern of the same or similar type of violation committed by the violator. 16 | |
126 | 121 | ||
127 | - | (C) (1) IN ADDITION TO A CIVI L PENALTY IMPOSED UN DER SUBSECTION | |
128 | - | (A) OR (B) OF THIS SECTION, IF A VIOLATION OF AN Y PROVISION OF THIS SUBTITLE | |
129 | - | OR ANY RULE, REGULATION , ORDER, OR PERMIT ADOPTED OR ISSUED UNDER THIS | |
130 | - | SUBTITLE, RESULTS IN THE DISCH ARGE OF POLLUTANTS T O THE CHESAPEAKE BAY | |
131 | - | OR ITS TRIBUTARIES , THE DEPARTMENT SHALL IMPO SE A SURCHARGE ON TH E | |
132 | - | PERSON RESPONSIBLE F OR THE VIOLATION . | |
122 | + | (3) Each day a violation occurs is a separate violation under this 17 | |
123 | + | subsection. 18 | |
133 | 124 | ||
134 | - | ( | |
135 | - | ||
125 | + | (4) Any penalty imposed under this subsection is payable to this State and 19 | |
126 | + | collectible in any manner provided at law for the collection of debts. 20 | |
136 | 127 | ||
137 | - | ( | |
138 | - | ||
139 | - | ||
128 | + | (5) If any person who is liable to pay a penalty imposed under this 21 | |
129 | + | subsection fails to pay it after demand, the amount, together with interest and any costs 22 | |
130 | + | that may accrue, shall be: 23 | |
140 | 131 | ||
141 | - | Article – Natural Resources | |
132 | + | (i) A lien in favor of this State on any property, real or personal, of 24 | |
133 | + | the person; and 25 | |
142 | 134 | ||
143 | - | ||
144 | - | ||
135 | + | (ii) Recorded in the office of the clerk of court for the county in which 26 | |
136 | + | the property is located. 27 | |
145 | 137 | ||
146 | - | – 4 – | |
147 | - | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS | |
148 | - | INDICATED. | |
138 | + | (6) Any penalty collected under this subsection shall be placed in a special 28 | |
139 | + | fund to be used for monitoring and surveillance by the Department to assure and maintain 29 | |
140 | + | an adequate record of any violations, including discharge of waste material and other 30 | |
141 | + | pollutants into the waters of this State or into the environment. 31 | |
149 | 142 | ||
150 | - | (2) “COUNTY OYSTER COMMITTEE” MEANS A COMMITTEE | |
151 | - | ESTABLISHED UNDER § 4–1106(B) OF THIS TITLE. | |
143 | + | (C) (1) IN ADDITION TO A CIVI L PENALTY IMPOS ED UNDER SUBSECTION 32 | |
144 | + | (A) OR (B) OF THIS SECTION, IF A VIOLATION OF AN Y PROVISION OF THIS SUBTITLE 33 | |
145 | + | OR ANY RULE, REGULATION , ORDER, OR PERMIT ADOPTED OR ISSUED UNDER THIS 34 4 HOUSE BILL 1201 | |
152 | 146 | ||
153 | - | (3) “FUND” MEANS THE OYSTER REPLETION FUND. | |
154 | 147 | ||
155 | - | (B) THERE IS AN OYSTER REPLETION FUND IN THE DEPARTMENT . | |
148 | + | SUBTITLE, RESULTS IN THE DISCH ARGE OF POLLUTANTS T O THE CHESAPEAKE BAY 1 | |
149 | + | OR ITS TRIBUTARIES, THE DEPARTMENT SHALL IMPO SE A SURCHARGE ON TH E 2 | |
150 | + | PERSON RESPONSIBLE F OR THE VIOLATION . 3 | |
156 | 151 | ||
157 | - | ( | |
158 | - | ||
152 | + | (2) THE SURCHARGE SHALL B E EQUAL TO 25% OF THE TOTAL CIVIL 4 | |
153 | + | PENALTY IMPOSED UNDE R SUBSECTION (A) OR (B) OF THIS SECTION. 5 | |
159 | 154 | ||
160 | - | (D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. | |
155 | + | (3) ANY SURCHARGE COLLECT ED UNDER THIS SUBSECTION SHALL 6 | |
156 | + | BE DEPOSITED INTO TH E OYSTER REPLETION FUND ESTABLISHED UNDE R § 4–209.1 7 | |
157 | + | OF THE NATURAL RESOURCES ARTICLE. 8 | |
161 | 158 | ||
162 | - | (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT | |
163 | - | SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. | |
159 | + | Article – Natural Resources 9 | |
164 | 160 | ||
165 | - | (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY | |
166 | - | AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. | |
161 | + | 4–209.1. 10 | |
167 | 162 | ||
168 | - | (F) THE FUND CONSISTS OF : | |
163 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 11 | |
164 | + | INDICATED. 12 | |
169 | 165 | ||
170 | - | ( | |
171 | - | ||
166 | + | (2) “COUNTY OYSTER COMMITT EE” MEANS A COMMITTEE 13 | |
167 | + | ESTABLISHED UNDER § 4–1106(B) OF THIS TITLE. 14 | |
172 | 168 | ||
173 | - | (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; | |
174 | - | AND | |
169 | + | (3) “FUND” MEANS THE OYSTER REPLETION FUND. 15 | |
175 | 170 | ||
176 | - | (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR | |
177 | - | THE BENEFIT OF THE FUND. | |
171 | + | (B) THERE IS AN OYSTER REPLETION FUND IN THE DEPARTMENT . 16 | |
178 | 172 | ||
179 | - | ( | |
180 | - | ||
173 | + | (C) THE PURPOSE OF THE FUND IS TO FINANCE TH E REPLETION OF 17 | |
174 | + | NATURAL OYSTER BARS IN WATERS IMPACTED B Y WATER POLLUTION VI OLATIONS. 18 | |
181 | 175 | ||
182 | - | (2) TO THE EXTENT PRACTIC ABLE, A SURCHARGE COLLECTED | |
183 | - | UNDER § 9–342(C) OF THE ENVIRONMENT ARTICLE SHALL BE USED TO FUND | |
184 | - | OYSTER REPLETION PRO JECTS IN THE COUNTY WHERE THE UNDERLYING WATER | |
185 | - | POLLUTION VIOLATION OCCURRED. | |
176 | + | (D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 19 | |
186 | 177 | ||
187 | - | (3) THE DEPARTMENT SHALL WORK WITH THE COUNTY OYST ER | |
188 | - | COMMITTEE FOR THE CO UNTY WHERE THE UNDERLYING WATER POLLUTION | |
189 | - | VIOLATION OCCURRED T O IDENTIFY: | |
190 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 412 | |
178 | + | (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 20 | |
179 | + | SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 21 | |
191 | 180 | ||
192 | - | – 5 – | |
193 | - | (I) NATURAL OYSTER BARS W ITHIN THE COUNTY FOR | |
194 | - | REPLETION; OR | |
181 | + | (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY 22 | |
182 | + | AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 23 | |
195 | 183 | ||
196 | - | (II) IF NO NATURAL OYSTER BAR WITHIN THE COUNT Y IS | |
197 | - | SUITABLE FOR REPLETI ON, NATURAL OYSTER BARS WITHIN AN ADJACENT C OUNTY | |
198 | - | FOR REPLETION . | |
184 | + | (F) THE FUND CONSISTS OF : 24 | |
199 | 185 | ||
200 | - | ( | |
201 | - | ||
186 | + | (1) SURCHARGES ON CIVIL P ENALTIES COLLECTED U NDER § 25 | |
187 | + | 9–342(C) OF THE ENVIRONMENT ARTICLE; 26 | |
202 | 188 | ||
203 | - | ( | |
204 | - | ||
205 | - | ||
189 | + | (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 27 | |
190 | + | AND 28 | |
191 | + | HOUSE BILL 1201 5 | |
206 | 192 | ||
207 | - | (II) THE FUND MAY BE USED TO C OVER REASONABLE | |
208 | - | ADMINISTRATIVE EXPEN SES INCURRED BY A NO NPROFIT ORGANIZATION IN | |
209 | - | CARRYING OUT OYSTER REPLETION PROJECTS U NDER THIS SUBSECTION . | |
210 | 193 | ||
211 | - | ( | |
212 | - | ||
194 | + | (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 1 | |
195 | + | THE BENEFIT OF THE FUND. 2 | |
213 | 196 | ||
214 | - | ( | |
215 | - | ||
197 | + | (G) (1) THE FUND MAY BE USED ONLY FOR OYSTER REPLETION 3 | |
198 | + | PROJECTS CONDUCTED I N ACCORDANCE WITH TH IS SUBSECTION. 4 | |
216 | 199 | ||
217 | - | (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE | |
218 | - | WITH THE STATE BUDGET. | |
200 | + | (2) TO THE EXTENT PRACTIC ABLE, A SURCHARGE COLLECTED 5 | |
201 | + | UNDER § 9–342(C) OF THE ENVIRONMENT ARTICLE SHALL BE USED TO FUND 6 | |
202 | + | OYSTER REPLETION PRO JECTS IN THE COUNTY WHERE THE UNDERLYING WATER 7 | |
203 | + | POLLUTION VIOLATION OCCURRED. 8 | |
219 | 204 | ||
220 | - | (J) MONEY EXPENDED FROM T HE FUND FOR OYSTER REPLE TION | |
221 | - | PROJECTS IS SUPPLEME NTAL TO AND IS NOT I NTENDED TO TAKE THE PLACE OF | |
222 | - | FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR OYSTER REPL ETION | |
223 | - | PROJECTS. | |
205 | + | (3) THE DEPARTMENT SHALL WORK WITH THE COUNTY OYST ER 9 | |
206 | + | COMMITTEE FOR TH E COUNTY WHERE THE U NDERLYING WATER POLL UTION 10 | |
207 | + | VIOLATION OCCURRED T O IDENTIFY: 11 | |
224 | 208 | ||
225 | - | SECTION 2. AND BE IT FURTHER ENACTED, That: | |
209 | + | (I) NATURAL OYSTER BARS W ITHIN THE COUNTY FOR 12 | |
210 | + | REPLETION; OR 13 | |
226 | 211 | ||
227 | - | (a) Subject to subsection (b) of this section, the Department of the Environment | |
228 | - | shall prioritize a supplemental environmental project involving oyster repletion in natural | |
229 | - | oyster bars in the county where the underlying water pollution violation occurred with | |
230 | - | input from the county oyster committee for a party who is in violation of an effluent | |
231 | - | limitation or unpermitted discharge in the proximity of an oyster population. | |
212 | + | (II) IF NO NATURAL OYSTER BAR WITHIN THE COUNT Y IS 14 | |
213 | + | SUITABLE FOR REPLETI ON, NATURAL OYSTER BARS WITHIN AN ADJAC ENT COUNTY 15 | |
214 | + | FOR REPLETION . 16 | |
232 | 215 | ||
233 | - | (b) If there are no suitable natural oyster bars for repletion in the county where | |
234 | - | the violation occurred, the natural oyster bar repletion project shall be carried out in an | |
235 | - | adjacent county. | |
236 | - | Ch. 412 2022 LAWS OF MARYLAND | |
216 | + | (4) REPLETION PROJECTS CO NDUCTED UNDER THIS S UBSECTION 17 | |
217 | + | SHALL BE IN THE FORM OF SPAT–ON–SHELL. 18 | |
237 | 218 | ||
238 | - | – 6 – | |
239 | - | SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take | |
240 | - | effect October 1, 2022, contingent on the taking effect of Chapter ____ (S.B. 90/H.B. 595) of | |
241 | - | the Acts of the General Assembly of 2022, and if Chapter ____ (S.B. 90/H.B. 595) does not | |
242 | - | become effective, Section 1 of this Act, with no further action required by the General | |
243 | - | Assembly, shall be null and void. | |
219 | + | (5) (I) THE DEPARTMENT MAY CONTRA CT WITH A NONPROFIT 19 | |
220 | + | ORGANIZATION THAT SP ECIALIZES IN OYSTER RECOVERY TO CARRY OU T OYSTER 20 | |
221 | + | REPLETION PROJECTS U NDER THIS SUBSECTION . 21 | |
244 | 222 | ||
245 | - | SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in | |
246 | - | Section 3 of this Act, this Act shall take effect October 1, 2022. | |
223 | + | (II) THE FUND MAY BE USED TO C OVER REASONABLE 22 | |
224 | + | ADMINISTRATIVE EXPEN SES INCURRED BY A NO NPROFIT ORGANIZATION IN 23 | |
225 | + | CARRYING OUT OYSTER REPLETION PROJECTS U NDER THIS SUBSECTION . 24 | |
247 | 226 | ||
248 | - | Approved by the Governor, May 16, 2022. | |
227 | + | (H) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 25 | |
228 | + | IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 26 | |
229 | + | ||
230 | + | (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 27 | |
231 | + | THE GENERAL FUND OF THE STATE. 28 | |
232 | + | ||
233 | + | (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 29 | |
234 | + | WITH THE STATE BUDGET. 30 | |
235 | + | ||
236 | + | (J) MONEY EXPENDED FROM T HE FUND FOR OYSTER REPLE TION 31 | |
237 | + | PROJECTS IS SUPPLEME NTAL TO AND IS NOT I NTENDED TO TAKE THE PLACE OF 32 6 HOUSE BILL 1201 | |
238 | + | ||
239 | + | ||
240 | + | FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR OYSTER REPL ETION 1 | |
241 | + | PROJECTS. 2 | |
242 | + | ||
243 | + | SECTION 2. AND BE IT FURTHER ENACTED, That: 3 | |
244 | + | ||
245 | + | (a) Subject to subsection (b) of this section, the Department of the Environment 4 | |
246 | + | shall prioritize a supplemental environmental project involving oyster repletion in natural 5 | |
247 | + | oyster bars in the county where the underlying water pollution violation occurred with 6 | |
248 | + | input from the county oyster committee for a party who is in violation of an effluent 7 | |
249 | + | limitation or unpermitted discharge in the proximity of an oyster population. 8 | |
250 | + | ||
251 | + | (b) If there are no suitable natural oyster bars for repletion in the county where 9 | |
252 | + | the violation occurred, the natural oyster bar repletion project shall be carried out in an 10 | |
253 | + | adjacent county. 11 | |
254 | + | ||
255 | + | SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 12 | |
256 | + | effect October 1, 2022, contingent on the taking effect of Chapter ____ (S.B. 90/H.B. 595) of 13 | |
257 | + | the Acts of the General Assembly of 2022, and if Chapter ____ (S.B. 90/H.B. 595) does not 14 | |
258 | + | become effective, Section 1 of this Act, with no further action required by the General 15 | |
259 | + | Assembly, shall be null and void. 16 | |
260 | + | ||
261 | + | SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in 17 | |
262 | + | Section 3 of this Act, this Act shall take effect October 1, 2022. 18 | |
263 | + | ||
264 | + | ||
265 | + | ||
266 | + | ||
267 | + | Approved: | |
268 | + | ________________________________________________________________________________ | |
269 | + | Governor. | |
270 | + | ________________________________________________________________________________ | |
271 | + | Speaker of the House of Delegates. | |
272 | + | ________________________________________________________________________________ | |
273 | + | President of the Senate. |