SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD5796721Be it enacted by the General Assembly of Virginia:
1. That §§ 10.1-603.16, 10.1-603.18, 10.1-603.19, 10.1-603.20, and 10.1-603.22 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-603.16. Definitions.
As used in this article unless the context requires a different meaning:
"Board" means the Virginia Soil and Water Conservation Board.
"Department" means the Department of Conservation and Recreation.
“Director” means the Director of the Department of Conservation and Recreation.
"Flood prevention or protection" means the construction of dams, levees, flood walls, channel improvements or diversions, local flood proofing, evacuation of flood-prone areas or land use controls which reduce or mitigate damage from flooding.
"Flood prevention or protection studies" means hydraulic and hydrologic studies of flood plains with historic and predicted floods, the assessment of flood risk and the development of strategies to prevent or mitigate damage from flooding.
"Fund" or "revolving fund" means the Flood Prevention and Protection Assistance Fund.
“Local funds” means cash provided for project or study implementation that is not derived from federal or state grants or loans.
"Local public body" means any city, county, town, water authority, service authority or special taxing district.
§ 10.1-603.18. Administration of the Fund.
The Board Director shall be responsible for the
administration of the Fund and shall direct the distribution of grants or
loans from the Fund to particular local public bodies. The Board
Director is authorized to promulgate regulations for the
proper administration of the Fund. Such regulations may include, but are not
limited to, the establishment of amounts, interest rates, repayment terms,
consideration of the fiscal stability of the particular local public body
applying and all other criteria for awarding of grants or loans.
§ 10.1-603.19. Purposes for which Fund is to be used.
A. The Board Director is authorized to
make grants or loans to any city, county, town, water authority, service
authority or taxing district for the purpose of assisting the
local sponsors in providing required matching funds for
public body in the development and implementation of flood
prevention or protection projects, or for flood prevention or
protection studies conducted by agencies of the federal government. No
grant or loan shall exceed fifty percent of the amount of funds to be
provided by the local sponsor. Grants or loans from the Fund may
match, but shall not exceed the amount of contribution derived from local
funds. No grant or loan award, individually or in combination for a single
project, shall exceed twenty-five percent of the unencumbered balance of the
fund as determined at the beginning of the fiscal year.
B. The Director is authorized to expend from the Fund up to $50,000 annually, but no more than ten percent of the Fund's balance, which shall be utilized as cost share with federal agencies in flood protection studies of statewide or regional significance.
§ 10.1-603.20. Condition for making loans or grants.
A. The Board Director may authorize a loan or grant
under the provisions of § 10.1-603.19 only when the following conditions
exist:
1. An application for the loan or grant has been submitted by the applicant
in the manner and form specified by the Board Director
, setting forth the amount of the loan or grant requested, and the use
to which the loan or grant will be applied. The application shall describe
in detail (i) the area to be studied or protected, including the population
and the value of property to be protected, historic flooding data and
hydrologic studies projecting flood frequency; (ii) the estimated
cost-benefit ratio of the project; (iii) the ability of the locality to
provide its share of the cost of the federal flood control study or
project; and (iv) the administration of local flood plain
management regulations; and (v) other necessary information to establish
project or study priority.
2. The local public body agrees and furnishes assurance, satisfactory to
the BoardDirector, that it will satisfactorily maintain
any structure financed, in whole or in part, through the loans or grants
provided under this article.
3. The purpose for which the loan or grant is sought is one described in § 10.1-603.19.
4. If the requested loan or grant is sought to acquire land, the Board
Director shall require satisfactory evidence prior to acting
on the request that the local public body will acquire the land if the loan
or grant is made.
5. A local public body is eligible to receive a grant once every five years, provided that it has a flood mitigation plan approved by the Director and has demonstrated satisfactory evidence of plan implementation. Lacking an approved plan the local public body is eligible for a grant once every ten years.
6. The Director shall award no grant which would reduce the available balance of the Fund below $200,000; however, the Director may provide a loan from the unencumbered balance of the Fund.
B. In addition to the condition for making loans established under this
article, the Board Director may require of a local
public body such covenants and conditions as the Board
Director deems necessary or expedient to further the purpose of the
loan.
C. The Board Director may consent to and approve any
modification in the terms of any loan to any local public body subject to the
regulations promulgated.
§ 10.1-603.22. Recovery of money due to Fund.
If a borrower defaults on any payment due the State Treasurer pursuant to §
10.1-603.21 or on any other obligation incurred pursuant to the provisions of
this article, the amounts owed to the Fund by the borrower may be recovered
by the State Comptroller, transferring to the Fund the amount of the payment
due to the Fund from the distribution of state funds to which the defaulting
borrower may be entitled pursuant to any state law, or any money which is to
be paid into the Fund may be recoverable with interest by the Commonwealth,
in the name of the Board Director, on motion in the
Circuit Court of the City of Richmond. The Attorney General shall institute
and prosecute such proceedings after a request for such action has been made
by the Board Director.
2. That the regulation adopted as VR 625-03-00 (Flood Prevention and Protection Assistance Fund), promulgated by the Virginia Soil and Water Conservation Board, is hereby renumbered VR 217-02-00, and shall remain in effect until amended or repealed by the Director of the Department of Conservation and Recreation.
.