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2007 SESSION
074382129Whereas, it shall be the policy of the Commonwealth, and it is the purpose of this act, to restore and improve the Chesapeake Bay and its tributaries, to protect the Chesapeake Bay from further impairment and to restore it for the benefit of current and future citizens of the Commonwealth. The Commonwealth has committed to restoring the Chesapeake Bay by the end of 2010 and has established caps for nitrogen and phosphorus entering the Chesapeake Bay and its tidal tributaries sufficient to meet our water quality clean-up standards. The clean-up initiative will require at least eighty-nine publicly owned sewage treatment facilities to install technologies that will achieve significant additional reductions of nitrogen and phosphorus to meet the pollution cap. The General Assembly further determines and finds that the restoration, improvement and protection of the Chesapeake Bay and its tributaries is a shared responsibility among state and local governments and individuals and, to that end, the General Assembly finds and determines that timely issuance of bonds to secure a more reliable source of future funds to aid the Commonwealth and its regional and local governments and authorities in upgrading sewage treatment facilities to meet the nutrient reduction goals set forth in the Chesapeake Bay Agreement and improve water quality throughout Virginia’s portion of the Chesapeake Bay watershed is necessary.
Be it enacted by the General Assembly of Virginia:
1. § 1. That pursuant to §§ 2.2-2261, 2.2-2263 and 2.2-2264 of the Code of Virginia, the General Assembly hereby authorizes the Virginia Public Building Authority to finance through the issuance of its bonds as described in this act, without limitation and together with other available funds, certain Virginia Water Quality Improvement Grants under Article 4 (§ 10.1-2128 et seq.) of Chapter 21.1 of Title 10.1 of the Code of Virginia, such grants to be used exclusively to fund a portion of some or all of the acquisition, design, construction, installation, equipping, improvement or renovating of the following projects:
Shenandoah - Potomac River Basin
FACILITY NAME OWNER
ACSA-Fishersville STP Augusta County Service Authority
Luray STP Town of Luray
ACSA-Middle River Regional STP Augusta County Service Authority
HRRSA-North River WWTF Harrisonburg-Rockingham Regional
Sewer Authority
ACSA-Stuarts Draft STP Augusta County Service Authority
Waynesboro STP City of Waynesboro
ACSA-Weyers Cave STP Augusta County Service Authority
Berryville STP Town of Berryville
Front Royal STP Town of Front Royal
Mount Jackson STP Town of Mount Jackson
New Market STP Town of New Market
Shenandoah Co.-North
Fork Regional WWTP Shenandoah County
Stoney Creek Sanitary District STP Stoney Creek Sanitary District
Strasburg STP Town of Strasburg
Woodstock STP Town of Woodstock
FWSA-Opequon Water
Reclamation Facility Frederick-Winchester Service
Authority
FWSA-Parkins Mill WWTF Frederick-Winchester Service
Authority
Purcellville-Basham Simms WWTF Town of Purcellville
LCSA-Broad Run WRF Loudoun County Service Authority
Leesburg WPCF Town of Leesburg
Round Hill WWTP Town of Round Hill
PWCSA-H.L. Mooney WWTF Prince William County Service
Authority
Upper Occoquan Sewage
Authority WWTP Upper Occoquan Sewage Authority
FCW&SA-Vint Hill WWTF Fauquier County Water and Sewer Authority
Alexandria Service Authority WWTP Alexandria Service Authority
Arlington Co. WPCF Arlington County
Fairfax Co. - Noman-Cole Pollution
Control Facility Fairfax County
Stafford Co.-Aquia WWTP Stafford County
Colonial Beach STP Town of Colonial Beach
Dahlgren Sanitary District WWTP King George County Service
Authority
Fairview Beach STP King George County Service
Authority
Purkins Corner WWTP King George County Service
Authority
District of Columbia – Blue
Plains STP (Virginia portion) Loudoun County Service Authority
and Fairfax County contract
for capacity
Rappahannock River Basin
FACILITY NAME OWNER
Culpeper WWTP Town of Culpeper
Marshall WWTP Town of Marshall
Mountain Run WWTP Culpeper County
Orange STP Town of Orange
Rapidan STP Rapidan Service Authority
FCW&SA-Remington WWTP Fauquier County Water and
Sewer Authority
Warrenton STP Town of Warrenton
Wilderness Shores WWTP Rapidan Service Authority
Spotsylvania Co.-FMC WWTF Spotsylvania County
Fredericksburg WWTF City of Fredericksburg
Stafford Co.-Little Falls Run WWTF Stafford County
Spotsylvania Co.-Massaponax WWTF Spotsylvania County
Montross-Westmoreland WWTP Westmoreland County
Oakland Park STP King George County Service Authority
Tappahannock WWTP Town of Tappahannock
Urbanna WWTP Town of Urbanna
Warsaw STP Town of Warsaw
Reedville Sanitary District WWTP Reedville Sanitary District
Kilmarnock WWTP Town of Kilmarnock
York River Basin
FACILITY NAME OWNER
Caroline Co. Regional STP Caroline County
Gordonsville STP Town of Gordonsville
Ashland WWTP Hanover County
Doswell WWTP Hanover County
HRSD-York River STP Hampton Roads Sanitation District
Parham Landing WWTP New Kent County
Totopotomoy WWTP Hanover County
HRSD-West Point STP Hampton Roads Sanitation District
HRSD-Mathews Courthouse STP Hampton Roads Sanitation District
James River Basin
FACILITY NAME OWNER
Buena Vista STP City of Buena Vista
Clifton Forge STP Town of Clifton Forge
Covington STP City of Covington
Lexington-Rockbridge Regional WQCF Maury Service Authority
Alleghany Co.-Low Moor STP Alleghany County
Alleghany Co.-Lower Jackson
River WWTP Alleghany County
Amherst-Rutledge Creek WWTP Town of Amherst
Lynchburg STP City of Lynchburg
RWSA-Moores Creek Regional STP Rivanna Water and Sewer Authority
Crewe WWTP Town of Crewe
Farmville WWTP Town of Farmville
Chesterfield Co.-Falling
Creek WWTP Chesterfield County
Henrico Co. WWTP Henrico County
Hopewell Regional WWTF City of Hopewell
Chesterfield Co.-Proctors
Creek WWTP Chesterfield County
Richmond WWTP City of Richmond
South Central Wastewater
Authority WWTF South Central Wastewater
Authority
Chickahominy WWTP New Kent County
HRSD-Boat Harbor STP Hampton Roads Sanitation District
HRSD-James River STP Hampton Roads Sanitation District
HRSD-Williamsburg STP Hampton Roads Sanitation District
HRSD-Nansemond STP Hampton Roads Sanitation District
HRSD-Army Base STP Hampton Roads Sanitation District
HRSD-Virginia Initiative Plant STP Hampton Roads Sanitation District
HRSD-Chesapeake/Elizabeth STP Hampton Roads Sanitation District
Eastern Shore Basin
FACILITY NAME OWNER
Cape Charles WWTP Town of Cape Charles
Onancock WWTP Town of Onancock
Tangier Island WWTP Town of Tangier
§ 2. Such grants shall be used solely for the purpose of funding the design and installation of nutrient removal technology at the publicly owned treatment works described above to implement the Commonwealth’s Chesapeake Bay Tributary Strategies and assist the owners in complying with nutrient discharge control regulations adopted by the State Water Control Board. The General Assembly hereby finds and determines that each such project benefits the Commonwealth and its regional and local governments and authorities by preserving, restoring and enhancing the health and vitality of the Chesapeake Bay.
§ 3. Grants that are funded pursuant to the provisions of this act shall not be used to calculate, offset, or reduce the share of federal, state, or local revenues or funds otherwise available to any regional or local government.
§ 4. The Virginia Public Building Authority is authorized to take any and all necessary, proper or convenient steps and to exercise any and all powers granted to it by law to carry out the undertaking and financing contemplated by the provisions of this act, including the power to finance grants to fund a portion of the costs of any or all of the projects set forth by the issuance of revenue bonds from time to time in an aggregate principal amount not to exceed $ 250,000,000, plus amounts needed to fund issuance costs, reserve funds, original issue discount and other financing expenses.
§ 5. The net proceeds of Virginia Public Building Authority bonds shall finance Virginia Water Quality Improvement Grants to fund or reimburse approved capital costs for each such project as and to the extent determined by the Department of Environmental Quality pursuant to the provisions of this act and of Article 4 (§ 10.1-2128 et seq.) of Chapter 21.1 of Title 10.1 of the Code of Virginia, including but not limited to the qualification of projects for Virginia Water Quality Improvement Grants as set forth in §§ 10.1-2129, 10.1-2130, and 10.1-2131 and written guidelines developed by the Secretary of Natural Resources in accordance with § 10.1-2129. Bond proceeds may not be used to pay debt service on obligations of regional or local governments or authorities. A separate account shall be maintained for the grants under this act and for bonds issued to finance such grants. Upon certification to the Authority by the Department of Environmental Quality that a project qualifies for a grant under the provisions of this act and the provisions of Article 4 (§ 10.1-2128 et seq.) of Chapter 21.1 of Title 10.1 of the Code of Virginia and of the proposed amount and purpose of such grant, the Authority shall cause the disbursement of bond proceeds to fund such grant, but only to the extent of available funds therefor.
§ 6. The proceeds of such bonds are hereby appropriated for disbursement from the state treasury pursuant to Article X, Section 7 of the Constitution of Virginia, and § 2.2-1819 of the Code of Virginia. Grants funded with proceeds of the bonds will be deposited in a separate account in the Virginia Water Quality Improvement Fund, pursuant to § 10.1-2128, which authorizes such Fund to “consist of such other sums as may be made available to it from any other source, public or private.” The general conditions and general provisions of the general appropriation act enacted pursuant to Chapter 15 (§ 2.2-1500 et seq.) of Title 2.2 of the Code of Virginia, in effect from time to time, and all of the terms and conditions contained therein shall apply to the capital projects listed in this act.
2. That if any clause, sentence, paragraph, section, or part of this act or the application thereof to any person, entity, or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall not affect the validity of the remainder hereof but shall be confined to the clause, sentence, paragraph, section, or part hereof directly involved in the controversy in which such judgment shall have been rendered, and to this end the provisions of this act are severable.
3. That all bonds issued heretofore by the Virginia Public Building Authority to provide funds to pay for all or any portion of the cost of one or more projects or portion or portions thereof are hereby validated, ratified, approved, and confirmed.
4. That the first issuance of bonds authorized in this act shall be contingent upon the appropriation and deposit of the $200,000,000 from the general fund as specified in Item 364 B. 1. of Chapter 3 of the 2006 Acts of Assembly, Special Session 1.
5. That no bonds authorized in this Act shall be issued for the purposes specified in this act prior to July 1, 2008.