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2018 SESSION
18100338DBe it enacted by the General Assembly of Virginia:
1. That § 62.1-44.15:29.1, as it shall become effective, of the Code of Virginia is amended and reenacted as follows:
§ 62.1-44.15:29.1. (For effective date, see Acts 2016, cc. 68 and 758, as amended by Acts 2017, c. 345) Stormwater Local Assistance Fund.
A. The State Comptroller shall continue in the state treasury the Stormwater Local Assistance Fund (the Fund) established by Chapter 806 of the Acts of Assembly of 2013, which shall be administered by the Department. All civil penalties and civil charges collected by the Board pursuant to §§ 62.1-44.15:25, 62.1-44.15:48, 62.1-44.15:63, and 62.1-44.15:74, subdivision (19) of § 62.1-44.15, and § 62.1-44.19:22 shall be paid into the state treasury and credited to the Fund, together with such other funds as may be made available to the Fund, which shall also receive bond proceeds from bonds authorized by the General Assembly, sums appropriated to it by the General Assembly, and other grants, gifts, and moneys as may be made available to it from any other source, public or private. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund.
B. The purpose of the Fund is to provide matching grants to
local governments for the planning, design, and implementation of stormwater
best management practices that address cost efficiency and commitments related
to reducing water quality pollutant loads. Moneys in the Fund shall be used to
meet (i) obligations related to the Chesapeake Bay total maximum daily load
(TMDL) requirements, (ii) requirements for local impaired stream TMDLs, (iii) water
quality measures of the Chesapeake Bay Watershed Implementation Plan, and (iv)
water quality requirements related to the permitting of small municipal
separate storm sewer systems. The grants shall be used solely for stormwater
capital projects, including (a) new stormwater best management practices, (b)
stormwater best management practice retrofitting or maintenance, (c) stream
restoration, (d) low-impact development projects, (e) buffer restoration, (f)
pond retrofitting, and (g) wetlands restoration.
Such grants
C. Grants awarded pursuant to this section shall be made in accordance with eligibility determinations made by the Department pursuant to criteria established by the Board. A grant recipient may use a portion of the funds awarded to pay for reasonable costs incurred in administering the grant. The fair market value of administrative services shall be considered an in-kind match for no more than half of the amount of any matching funds that a grant recipient is required to provide.
C. D. Moneys in the Fund shall be
used solely for the purpose set forth herein and disbursements from it shall be
made by the State Treasurer on warrants issued by the Comptroller upon written
request signed by the Director.