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2009 SESSION

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091163544
HOUSE BILL NO. 2646 Offered January 23, 2009 A BILL to amend the Code of Virginia by adding sections numbered 10.1-1185.1 and 32.1-165.1, relating to eligibility for betterment loans. ---------- Patron-- Poindexter ---------- Referred to Committee on Agriculture, Chesapeake and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding sections numbered 10.1-1185.1 and 32.1-165.1 as follows:

§ 10.1-1185.1. Additional duties of Director; eligibility for betterment loans.

The Director shall establish a program for determining the eligibility of owners of underground storage tanks, as defined in § 62.1-44.34:10, and contaminated dry cleaning stores for betterment loans to be provided by private lenders. The Director shall qualify the owner as eligible for such loans if the Director finds that: (i) the owner has one or more underground storage tanks in need of repair or replacement or one or more contaminated dry cleaning stores, (ii) there is a compelling public interest in the repair or replacement or alleviation of such contamination, and (iii) the approximate cost of such repair or replacement or alleviation has been determined and approved by the Director. Upon a determination of eligibility by the Director, it shall be the sole responsibility of the owner to secure the betterment loan from a private lender. The Director may provide a list of lenders available for this purpose.

§ 32.1-165.1. Eligibility for septic system betterment loans.

The Board shall establish a program for determining the eligibility of owners of failing septic systems, or systems in need of repair, for betterment loans to be provided by private lenders. The Board shall qualify the owner as eligible for such loans if the Board finds that: (i) the owner has one or more septic systems in need of repair or replacement, (ii) there is a compelling public interest in repairing or replacing such systems, and (iii) the approximate cost of such repair or replacement has been determined and approved by the Board. Upon a determination of eligibility by the Board, it shall be the sole responsibility of the owner to secure the betterment loan from a private lender. Local health departments may provide a list of lenders available for this purpose.