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1999 SESSION
994383376Be it enacted by the General Assembly of Virginia:
1. That § 10.1-2128 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-2128. Virginia Water Quality Improvement Fund established; purposes.
A. There is hereby established in the state treasury a special permanent,
nonreverting fund, to be known as the "Virginia Water Quality Improvement
Fund." The Fund shall be established on the books of the Comptroller. The Fund
shall consist of sums appropriated to it by the General Assembly which shall
include, unless otherwise provided in the general appropriation act, ten
percent of the annual general fund revenue collections that are in excess of
the official estimates in the general appropriation act and ten percent of any
unreserved general fund balance, other than appropriated payments to the
Revenue Stabilization Fund (§ 2.1-191.1 et seq.) and mandatory reappropriations
required in the general appropriation act, at the close of each fiscal year
whose reappropriation is not required in the general appropriation act. The
Fund shall also consist of such other sums as may be made available to it from any
other source, public or private, and shall include any penalties or damages collected
under this article, federal grants solicited and received for the specific
purposes of the Fund, and all interest and income from investment of the Fund.
Any sums 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.
All moneys designated for the Fund shall be paid into the state treasury and
credited to the Fund. Moneys in the Fund shall be used solely for Water Quality
Improvement Grants. Expenditures and disbursements from the Fund shall be made
by the State Treasurer on warrants issued by the Comptroller upon the written
request of the Director of the Department of Environmental Quality or the
Director of the Department of Conservation and Recreation as provided in this
chapter.
B. The purpose of the Fund is to provide Water Quality Improvement Grants to local governments, soil and water conservation districts and individuals for point and nonpoint source pollution prevention, reduction and control programs and efforts undertaken in accordance with the provisions of this chapter. The Fund shall not be used for agency operating expenses or for purposes of replacing or otherwise reducing any general, nongeneral, or special funds allocated or appropriated to any state agency. The Fund shall not be used to make grants to enable the grant recipient to achieve or comply with any requirements or conditions of a Virginia Pollution Discharge Elimination System permit or a compliance or enforcement action related thereto.