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2009 SESSION
092856352Be it enacted by the General Assembly of Virginia:
1. That §§ 10.1-546.1 and 10.1-2128.1 of the Code of Virginia are amended and reenacted as follows:
§ 10.1-546.1. Delivery of Virginia Agricultural Best Management Practices Cost-Share Program.
Districts shall locally deliver the Commonwealth's Virginia Agricultural Best Management Practices Cost-Share Assistance Program described under § 10.1-2128.1,
under the direction of the Department, as a means of promoting voluntary
adoption of conservation management practices by farmers and land managers in
support of the Department's nonpoint source pollution management program.
§ 10.1-2128.1. Virginia Natural Resources Commitment Fund established.
A. There In order to provide dedicated
funding for agricultural best management practices, there
is hereby created in the state treasury a special nonreverting fund to be known
as the Virginia Natural Resources Commitment Fund hereafter referred to as
"the Subfund," which shall be a subfund of the Virginia Water Quality
Improvement Fund and administered by the Department of Conservation and
Recreation. The Subfund shall be established on the books of the Comptroller.
All amounts appropriated and such other funds as may be made available to the
Subfund from any other source, public or private, shall be paid into the state
treasury and credited to the Subfund. Interest earned on moneys in the Subfund
shall remain in the Subfund and be credited to it. Any moneys remaining in the
Subfund, including interest thereon, at the end of each fiscal year shall not
revert to the general fund but shall remain in the Subfund. Moneys in the
Subfund shall be used as provided in subsection B solely for
the purposes as described in
subsection B Virginia Agricultural Best Management Practices
Cost-Share Program administered by the Department of Conservation and
Recreation.
B. Beginning on July 1, 2008, and continuing in each
subsequent fiscal year until July 1, 2018, out of such
amounts as may be appropriated and deposited to the Subfund, distributions
shall be made in each fiscal year for the following purposes:
1. FiveEight
percent of the total amount distributed to the Virginia Agricultural
Best Management Practices Cost-Share Program shall be distributed to soil and
water conservation districts to provide technical assistance for the
implementation of such agricultural best management practices. Each soil and
water conservation district in the Commonwealth shall receive a share according
to a method employed by the Director of the Department of Conservation and
Recreation in consultation with the Virginia Soil and Water Conservation Board,
that accounts for the percentage of the available agricultural best management
practices funding that will be received by the district from the Virginia Natural Resource Commitment Fund Subfund;
2. Fifty-sevenFifty-five
percent of the total amount distributed to the Virginia Agricultural
Best Management Practices Cost-Share Program shall be used for matching grants
for agricultural best management practices on lands in the Commonwealth
exclusively, or partly,
within the Chesapeake Bay watershed; and
3. Thirty-eightThirty-seven
percent of the total amount distributed to the Virginia Agricultural
Best Management Practices Cost-Share Program shall be used for matching grants
for agricultural best management practices on all other
lands in the Commonwealth exclusively outside of the Chesapeake Bay watershed in
the Commonwealth.
C. Beginning with the Commonwealth's fiscal year starting on July 1, 2010, and for each fiscal year thereafter, the Governor shall propose appropriations to the credit of the Subfund in an aggregate amount that is not less than (i) the product of 1.5 and the greatest, aggregate appropriation to the Subfund included in any act of the General Assembly enacted prior to the beginning of the fiscal year or (ii) $30 million, whichever is greater. The Governor shall include the proposed appropriations to the credit of the Subfund in "The Budget Bill" pursuant to subsection A of § 2.2-1509 or in his proposed gubernatorial amendments to the general appropriation act pursuant to subsection E of § 2.2-1509, as applicable.