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2009 SESSION
092647696Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-1514, as is currently effective and as may become effective, 10.1-546.1, and 10.1-2128.1 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-1514. (Contingent expiration date - see Editor's notes) Designation of general fund for nonrecurring expenditures.
A. As used in this section:
"The Budget Bill" means the "The Budget Bill" submitted pursuant to § 2.2-1509, including any amendments to a general appropriation act pursuant to such section.
"Nonrecurring expenditures" means the acquisition or construction of capital outlay projects as defined in § 2.2-1518, the acquisition or construction of capital improvements, the acquisition of land, the acquisition of equipment, or other expenditures of a one-time nature as specified in the general appropriation act. Such term shall not include any expenditures relating to transportation, including but not limited to transportation maintenance.
B. At the end of each fiscal year, the Comptroller shall
designate within his annual report pursuant to § 2.2-813 as follows: one-third
of the remaining amount of the general fund balance that is not otherwise
reserved or designated shall be designated by the Comptroller for nonrecurring
expenditures, and two-thirds shall be designated for deposit into the
Transportation Trust Fund. No such designation shall be made unless the full
amounts required for other reserves or designations including, but not limited
to, (i) the Revenue Stabilization Fund deposit pursuant to § 2.2-1829, (ii) the
Virginia Water Quality Improvement Fund deposit pursuant to § 10.1-2128, but
excluding any deposits provided under the Virginia Natural Resources Commitment
Fund established under § 10.1-2128.1, (iii) capital outlay reappropriations
pursuant to the general appropriation act, (iv) (a) operating expense
reappropriations pursuant to the general appropriation act, and (b)
reappropriations of unexpended appropriations to certain public institutions of
higher education pursuant to § 2.2-5005, (v) pro rata rebate payments to
certain public institutions of higher education pursuant to § 2.2-5005, (vi)
the unappropriated balance anticipated in the general appropriation act for the
end of such fiscal year, and (vii) interest payments on deposits of certain
public institutions of higher education pursuant to § 2.2-5005 are set aside.
The Comptroller shall set aside amounts required for clauses (iv) (b), (v), and
(vii) beginning with the initial fiscal year as determined under § 2.2-5005 and
for all fiscal years thereafter. Ten percent of the one-third of the
remaining general fund balance designated by the Comptroller for non-recurring
expenses shall be deposited into the Virginia Natural Resources Commitment Fund
established under § 10.1-2128.1, Code of Virginia.
C. The Governor shall include in "The Budget Bill" pursuant to § 2.2-1509 recommended appropriations from the general fund or recommended amendments to general fund appropriations in the general appropriation act in effect at that time an amount for nonrecurring expenditures and an amount for deposit into the Transportation Trust Fund equal to the amounts designated by the Comptroller for such purposes pursuant to the provisions of subsection B. Such deposit to the Transportation Trust Fund shall not preclude the appropriation of additional amounts from the general fund for transportation purposes.
§ 2.2-1514. (Contingent effective date - see Editor's notes) Designation of general fund for nonrecurring expenditures.
A. As used in this section:
"The Budget Bill" means the "The Budget Bill" submitted pursuant to § 2.2-1509, including any amendments to a general appropriation act pursuant to such section.
"Nonrecurring expenditures" means the acquisition or construction of capital outlay projects as defined in § 2.2-1518, the acquisition or construction of capital improvements, the acquisition of land, the acquisition of equipment, or other expenditures of a one-time nature as specified in the general appropriation act.
B. At the end of each fiscal year, the Comptroller shall
designate within his annual report pursuant to § 2.2-813 an amount for
nonrecurring expenditures, which shall equal the remaining amount of the
general fund balance that is not otherwise reserved or designated. No such
designation shall be made unless the full amounts required for other reserves
or designations including, but not limited to, (i) the Revenue Stabilization
Fund deposit pursuant to § 2.2-1829, (ii) the Virginia Water Quality
Improvement Fund deposit pursuant to § 10.1-2128, but excluding any deposits
provided under the Virginia Natural Resources Commitment Fund established under
§ 10.1-2128.1, (iii) capital outlay reappropriations pursuant to the
general appropriation act, (iv) (a) operating expense reappropriations pursuant
to the general appropriation act, and (b) reappropriations of unexpended
appropriations to certain public institutions of higher education pursuant to §
2.2-5005, (v) pro rata rebate payments to certain public institutions of higher
education pursuant to § 2.2-5005, (vi) the unappropriated balance anticipated
in the general appropriation act for the end of such fiscal year, and (vii)
interest payments on deposits of certain public institutions of higher
education pursuant to § 2.2-5005 are set aside. The Comptroller shall set aside
amounts required for clauses (iv) (b), (v), and (vii) beginning with the
initial fiscal year as determined under § 2.2-5005 and for all fiscal years
thereafter. Ten percent of the one-third of the remaining general fund
balance designated by the Comptroller for non-recurring expenses shall be
deposited into the Virginia Natural Resources Commitment Fund established under
§ 10.1-2128.1, Code of Virginia.
C. The Governor shall include in "The Budget Bill" pursuant to § 2.2-1509 recommended appropriations from the general fund or recommended amendments to general fund appropriations in the general appropriation act in effect at that time an amount for nonrecurring expenditures equal to the amount designated by the Comptroller for such purpose pursuant to the provisions of subsection B of this section.
§ 10.1-546.1. Delivery of 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 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. Five Eight 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-eight Thirty-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.