Water Protection Permits

Item 355 #1s

Language
Page 244, after line 32, insert:
"F.1.  The permit fee regulations adopted by the State Water Control Board pursuant to paragraphs B.1. and B.2. of § 62.1-44.15:6, Code of Virginia, shall be set at an amount representing no less than 55 percent, not to exceed 100 percent, of the direct costs for the administration, compliance and enforcement of Virginia Pollutant Discharge Elimination System permits and Virginia Pollution Abatement permits.
2.  The regulations adopted by the State Water Control Board to initially implement the provisions of this Item shall be exempt from Article 2 (§ 2.2-4006, et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia and shall become effective no later than July 1, 2010.  Thereafter, any amendments to the fee schedule described by these acts shall not be exempted from Article 2 (§ 2.2-4006, et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia."

Explanation
(This amendment requires the State Water Control Board to adopt permit fee regulations that cover at least 55 percent of direct costs. This results in general fund savings of $3.0 million each year that is replaced by these fees. The amendment allows the initial fees, but not subsequent fee schedules, to be exempt from the Administrative Process Act and to be effective in FY 2011.)