§ 10.1-2129. Agency coordination; conditions of grants.
A. If, in any fiscal year beginning on or after July 1, 2005, there areappropriations to the Fund in addition to those made pursuant to subsection Aof § 10.1-2128, the Secretary of Natural Resources shall distribute thosemoneys in the Fund provided from the 10 percent of the annual general fundrevenue collections that are in excess of the official estimates in thegeneral appropriation act, and the 10 percent of any unrestricted anduncommitted general fund balance at the close of each fiscal year whosereappropriation is not required in the general appropriation act, as follows:
1. Seventy percent of the moneys shall be distributed to the Department ofConservation and Recreation and shall be administered by it for the solepurpose of implementing projects or best management practices that reducenitrogen and phosphorus nonpoint source pollution, with a priority given toagricultural best management practices. In no single year shall more than 60percent of the moneys be used for projects or practices exclusively withinthe Chesapeake Bay watershed; and
2. Thirty percent of the moneys shall be distributed to the Department ofEnvironmental Quality, which shall use such moneys for making grants for thesole purpose of designing and installing nutrient removal technologies forpublicly owned treatment works designated as significant dischargers oreligible nonsignificant dischargers. The moneys shall also be available forgrants when the design and installation of nutrient removal technologyutilizes the Public-Private Education Facilities and Infrastructure Act (§56-575.1 et seq.).
3. Except as otherwise provided in the Appropriation Act, in any fiscal yearwhen moneys are not appropriated to the Fund in addition to those specifiedin subsection A of § 10.1-2128, or when moneys appropriated to the Fund inaddition to those specified in subsection A of § 10.1-2128 are less than 40percent of those specified in subsection A of § 10.1-2128, the Secretary ofNatural Resources, in consultation with the Secretary of Agriculture andForestry, the State Forester, the Commissioner of Agriculture and ConsumerServices, and the Directors of the Departments of Environmental Quality andConservation and Recreation, and with the advice and guidance of the Board ofConservation and Recreation, the Virginia Soil and Water Conservation Board,the State Water Control Board, and the Chesapeake Bay Local Assistance Board,and following a public comment period of at least 30 days and a publichearing, shall allocate those moneys deposited in the Fund, but excluding anymoneys deposited into the Virginia Natural Resources Commitment Fundestablished pursuant to § 10.1-2128.1, between point and nonpoint sources,both of which shall receive moneys in each such year.
B. 1. Except as may otherwise be specified in the general appropriation act,the Secretary of Natural Resources, in consultation with the Secretary ofAgriculture and Forestry, the State Forester, the Commissioner of Agricultureand Consumer Services, and the Directors of the Departments of EnvironmentalQuality and Conservation and Recreation, and with the advice and guidance ofthe Board of Conservation and Recreation, the Virginia Soil and WaterConservation Board, the State Water Control Board, and the Chesapeake BayLocal Assistance Board, shall develop written guidelines that (i) specifyeligibility requirements; (ii) govern the application for and thedistribution and conditions of Water Quality Improvement Grants; and (iii)list criteria for prioritizing funding requests.
2. In developing the guidelines the Secretary shall evaluate and consider, inaddition to such other factors as may be appropriate to most effectivelyrestore, protect and improve the quality of state waters: (i) specificpractices and programs proposed in any tributary strategy plan, and theassociated effectiveness and cost per pound of nutrients removed; (ii) waterquality impairment or degradation caused by different types of nutrientsreleased in different locations from different sources; and (iii)environmental benchmarks and indicators for achieving improved water quality.The process for development of guidelines pursuant to this subsection shall,at a minimum, include (a) use of an advisory committee composed of interestedparties; (b) a 60-day public comment period on draft guidelines; (c) writtenresponses to all comments received; and (d) notice of the availability ofdraft guidelines and final guidelines to all who request such notice.
3. In addition to those the Secretary deems advisable to most effectivelyrestore, protect and improve the quality of state waters, the criteria forprioritizing funding requests shall include: (i) the pounds of total nitrogenand the pounds of total phosphorus reduced by the project; (ii) whether thelocation of the water quality restoration, protection or improvement projector program is within a watershed or subwatershed with documented waternutrient loading problems or adopted nutrient reduction goals; (iii)documented water quality impairment; and (iv) the availability of otherfunding mechanisms. Notwithstanding the provisions of subsection E of §10.1-2131, the Director of the Department of Environmental Quality mayapprove a local government point source grant application request for anysingle project that exceeds the authorized grant amount outlined insubsection E of § 10.1-2131. Whenever a local government applies for a grantthat exceeds the authorized grant amount outlined in this chapter or whenthere is no stated limitation on the amount of the grant for which anapplication is made, the Directors and the Secretary shall consider thecomparative revenue capacity, revenue efforts and fiscal stress as reportedby the Commission on Local Government. The development or implementation ofcooperative programs developed pursuant to subsection B of § 10.1-2127 shallbe given a high priority in the distribution of Virginia Water QualityImprovement Grants from the moneys allocated to nonpoint source pollution.
(1997, cc. 21, 625, 626; 1999, c. 509; 2005, cc. 41, 704, 707, 709; 2006, c.236; 2008, cc. 643, 701; 2010, c. 684.)
§ 10.1-2129. Agency coordination; conditions of grants.
A. If, in any fiscal year beginning on or after July 1, 2005, there areappropriations to the Fund in addition to those made pursuant to subsection Aof § 10.1-2128, the Secretary of Natural Resources shall distribute thosemoneys in the Fund provided from the 10 percent of the annual general fundrevenue collections that are in excess of the official estimates in thegeneral appropriation act, and the 10 percent of any unrestricted anduncommitted general fund balance at the close of each fiscal year whosereappropriation is not required in the general appropriation act, as follows:
1. Seventy percent of the moneys shall be distributed to the Department ofConservation and Recreation and shall be administered by it for the solepurpose of implementing projects or best management practices that reducenitrogen and phosphorus nonpoint source pollution, with a priority given toagricultural best management practices. In no single year shall more than 60percent of the moneys be used for projects or practices exclusively withinthe Chesapeake Bay watershed; and
2. Thirty percent of the moneys shall be distributed to the Department ofEnvironmental Quality, which shall use such moneys for making grants for thesole purpose of designing and installing nutrient removal technologies forpublicly owned treatment works designated as significant dischargers oreligible nonsignificant dischargers. The moneys shall also be available forgrants when the design and installation of nutrient removal technologyutilizes the Public-Private Education Facilities and Infrastructure Act (§56-575.1 et seq.).
3. Except as otherwise provided in the Appropriation Act, in any fiscal yearwhen moneys are not appropriated to the Fund in addition to those specifiedin subsection A of § 10.1-2128, or when moneys appropriated to the Fund inaddition to those specified in subsection A of § 10.1-2128 are less than 40percent of those specified in subsection A of § 10.1-2128, the Secretary ofNatural Resources, in consultation with the Secretary of Agriculture andForestry, the State Forester, the Commissioner of Agriculture and ConsumerServices, and the Directors of the Departments of Environmental Quality andConservation and Recreation, and with the advice and guidance of the Board ofConservation and Recreation, the Virginia Soil and Water Conservation Board,the State Water Control Board, and the Chesapeake Bay Local Assistance Board,and following a public comment period of at least 30 days and a publichearing, shall allocate those moneys deposited in the Fund, but excluding anymoneys deposited into the Virginia Natural Resources Commitment Fundestablished pursuant to § 10.1-2128.1, between point and nonpoint sources,both of which shall receive moneys in each such year.
B. 1. Except as may otherwise be specified in the general appropriation act,the Secretary of Natural Resources, in consultation with the Secretary ofAgriculture and Forestry, the State Forester, the Commissioner of Agricultureand Consumer Services, and the Directors of the Departments of EnvironmentalQuality and Conservation and Recreation, and with the advice and guidance ofthe Board of Conservation and Recreation, the Virginia Soil and WaterConservation Board, the State Water Control Board, and the Chesapeake BayLocal Assistance Board, shall develop written guidelines that (i) specifyeligibility requirements; (ii) govern the application for and thedistribution and conditions of Water Quality Improvement Grants; and (iii)list criteria for prioritizing funding requests.
2. In developing the guidelines the Secretary shall evaluate and consider, inaddition to such other factors as may be appropriate to most effectivelyrestore, protect and improve the quality of state waters: (i) specificpractices and programs proposed in any tributary strategy plan, and theassociated effectiveness and cost per pound of nutrients removed; (ii) waterquality impairment or degradation caused by different types of nutrientsreleased in different locations from different sources; and (iii)environmental benchmarks and indicators for achieving improved water quality.The process for development of guidelines pursuant to this subsection shall,at a minimum, include (a) use of an advisory committee composed of interestedparties; (b) a 60-day public comment period on draft guidelines; (c) writtenresponses to all comments received; and (d) notice of the availability ofdraft guidelines and final guidelines to all who request such notice.
3. In addition to those the Secretary deems advisable to most effectivelyrestore, protect and improve the quality of state waters, the criteria forprioritizing funding requests shall include: (i) the pounds of total nitrogenand the pounds of total phosphorus reduced by the project; (ii) whether thelocation of the water quality restoration, protection or improvement projector program is within a watershed or subwatershed with documented waternutrient loading problems or adopted nutrient reduction goals; (iii)documented water quality impairment; and (iv) the availability of otherfunding mechanisms. Notwithstanding the provisions of subsection E of §10.1-2131, the Director of the Department of Environmental Quality mayapprove a local government point source grant application request for anysingle project that exceeds the authorized grant amount outlined insubsection E of § 10.1-2131. Whenever a local government applies for a grantthat exceeds the authorized grant amount outlined in this chapter or whenthere is no stated limitation on the amount of the grant for which anapplication is made, the Directors and the Secretary shall consider thecomparative revenue capacity, revenue efforts and fiscal stress as reportedby the Commission on Local Government. The development or implementation ofcooperative programs developed pursuant to subsection B of § 10.1-2127 shallbe given a high priority in the distribution of Virginia Water QualityImprovement Grants from the moneys allocated to nonpoint source pollution.
(1997, cc. 21, 625, 626; 1999, c. 509; 2005, cc. 41, 704, 707, 709; 2006, c.236; 2008, cc. 643, 701; 2010, c. 684.)
§ 10.1-2129. Agency coordination; conditions of grants.
A. If, in any fiscal year beginning on or after July 1, 2005, there areappropriations to the Fund in addition to those made pursuant to subsection Aof § 10.1-2128, the Secretary of Natural Resources shall distribute thosemoneys in the Fund provided from the 10 percent of the annual general fundrevenue collections that are in excess of the official estimates in thegeneral appropriation act, and the 10 percent of any unrestricted anduncommitted general fund balance at the close of each fiscal year whosereappropriation is not required in the general appropriation act, as follows:
1. Seventy percent of the moneys shall be distributed to the Department ofConservation and Recreation and shall be administered by it for the solepurpose of implementing projects or best management practices that reducenitrogen and phosphorus nonpoint source pollution, with a priority given toagricultural best management practices. In no single year shall more than 60percent of the moneys be used for projects or practices exclusively withinthe Chesapeake Bay watershed; and
2. Thirty percent of the moneys shall be distributed to the Department ofEnvironmental Quality, which shall use such moneys for making grants for thesole purpose of designing and installing nutrient removal technologies forpublicly owned treatment works designated as significant dischargers oreligible nonsignificant dischargers. The moneys shall also be available forgrants when the design and installation of nutrient removal technologyutilizes the Public-Private Education Facilities and Infrastructure Act (§56-575.1 et seq.).
3. Except as otherwise provided in the Appropriation Act, in any fiscal yearwhen moneys are not appropriated to the Fund in addition to those specifiedin subsection A of § 10.1-2128, or when moneys appropriated to the Fund inaddition to those specified in subsection A of § 10.1-2128 are less than 40percent of those specified in subsection A of § 10.1-2128, the Secretary ofNatural Resources, in consultation with the Secretary of Agriculture andForestry, the State Forester, the Commissioner of Agriculture and ConsumerServices, and the Directors of the Departments of Environmental Quality andConservation and Recreation, and with the advice and guidance of the Board ofConservation and Recreation, the Virginia Soil and Water Conservation Board,the State Water Control Board, and the Chesapeake Bay Local Assistance Board,and following a public comment period of at least 30 days and a publichearing, shall allocate those moneys deposited in the Fund, but excluding anymoneys deposited into the Virginia Natural Resources Commitment Fundestablished pursuant to § 10.1-2128.1, between point and nonpoint sources,both of which shall receive moneys in each such year.
B. 1. Except as may otherwise be specified in the general appropriation act,the Secretary of Natural Resources, in consultation with the Secretary ofAgriculture and Forestry, the State Forester, the Commissioner of Agricultureand Consumer Services, and the Directors of the Departments of EnvironmentalQuality and Conservation and Recreation, and with the advice and guidance ofthe Board of Conservation and Recreation, the Virginia Soil and WaterConservation Board, the State Water Control Board, and the Chesapeake BayLocal Assistance Board, shall develop written guidelines that (i) specifyeligibility requirements; (ii) govern the application for and thedistribution and conditions of Water Quality Improvement Grants; and (iii)list criteria for prioritizing funding requests.
2. In developing the guidelines the Secretary shall evaluate and consider, inaddition to such other factors as may be appropriate to most effectivelyrestore, protect and improve the quality of state waters: (i) specificpractices and programs proposed in any tributary strategy plan, and theassociated effectiveness and cost per pound of nutrients removed; (ii) waterquality impairment or degradation caused by different types of nutrientsreleased in different locations from different sources; and (iii)environmental benchmarks and indicators for achieving improved water quality.The process for development of guidelines pursuant to this subsection shall,at a minimum, include (a) use of an advisory committee composed of interestedparties; (b) a 60-day public comment period on draft guidelines; (c) writtenresponses to all comments received; and (d) notice of the availability ofdraft guidelines and final guidelines to all who request such notice.
3. In addition to those the Secretary deems advisable to most effectivelyrestore, protect and improve the quality of state waters, the criteria forprioritizing funding requests shall include: (i) the pounds of total nitrogenand the pounds of total phosphorus reduced by the project; (ii) whether thelocation of the water quality restoration, protection or improvement projector program is within a watershed or subwatershed with documented waternutrient loading problems or adopted nutrient reduction goals; (iii)documented water quality impairment; and (iv) the availability of otherfunding mechanisms. Notwithstanding the provisions of subsection E of §10.1-2131, the Director of the Department of Environmental Quality mayapprove a local government point source grant application request for anysingle project that exceeds the authorized grant amount outlined insubsection E of § 10.1-2131. Whenever a local government applies for a grantthat exceeds the authorized grant amount outlined in this chapter or whenthere is no stated limitation on the amount of the grant for which anapplication is made, the Directors and the Secretary shall consider thecomparative revenue capacity, revenue efforts and fiscal stress as reportedby the Commission on Local Government. The development or implementation ofcooperative programs developed pursuant to subsection B of § 10.1-2127 shallbe given a high priority in the distribution of Virginia Water QualityImprovement Grants from the moneys allocated to nonpoint source pollution.
(1997, cc. 21, 625, 626; 1999, c. 509; 2005, cc. 41, 704, 707, 709; 2006, c.236; 2008, cc. 643, 701; 2010, c. 684.)
