2007 Uncodified Acts

2007 Virginia Uncodified Acts
Environment and Conservation
5/22/2019

CHAPTER 900

An Act to amend the Code of Virginia by adding a section numbered 10.1-1186.01, relating to reimbursement to localities of funds for upgrades of publicly owned treatment works and authorizing the use of proceeds from Virginia Public Building Authority bonds to fund water quality improvement grants.

[S 771]

Approved April 4, 2007

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 10.1-1186.01 as follows:

§ 10.1-1186.01. Reimbursements to localities for upgrades to treatment works.

A. The General Assembly shall fund grants to finance the reasonable costs of design and installation of nutrient removal technology at the publicly owned treatment works designated as significant dischargers contained in subsection E, or as eligible nonsignificant dischargers as defined in § 10.1-2117. Notwithstanding § 10.1-2128, at such time as grant disbursements pursuant to this section reach 200 percent of the appropriations provided for in Chapter 951 of the Acts of Assembly of 2005 and Chapter 10 of the Acts of Assembly of 2006, Special Session I, the House Committee on Agriculture, Chesapeake and Natural Resources, the House Committee on Appropriations, the Senate Committee on Agriculture, Conservation and Natural Resources, and the Senate Committee on Finance shall review the future funding needs to meet the purposes of the Water Quality Improvement Act and the appropriate funding mechanism for such needs.

B. The disbursement of grants for the design and installation of nutrient removal technology at those publicly owned treatment works included in subsection E and eligible nonsignificant dischargers shall be made as follows: (i) the first phase of a grant shall be disbursed upon written certification that 25 percent of the local share of the cost of nutrient removal technology for the project has been expended; (ii) the second phase upon written certification that 50 percent of the local share of the cost of nutrient removal technology for the project has been expended; (iii) the third phase upon written certification that 75 percent of the local share of the cost of the nutrient removal technology for the project has been expended; and (iv) the final phase upon written certification that 100 percent of the local share of the cost of the construction, expansion, or upgrade of nutrient removal technology for the project has been expended. The distribution of the grants shall be effected by one of the following methods:

1. In payments to be paid by the State Treasurer out of funds appropriated to the Water Quality Improvement Fund pursuant to § 10.1-2131;

2. Over a specified time through a contractual agreement entered into by the Treasury Board and approved by the Governor, on behalf of the Commonwealth, and the locality or public service authority undertaking the design and installation of nutrient removal technology, such payments to be paid by the State Treasurer out of funds appropriated to the Treasury Board; or

3. In payments to be paid by the State Treasurer upon request of the Director of Environmental Quality out of proceeds from bonds issued by the Virginia Public Building Authority, in consultation with the Department of Environmental Quality, pursuant to §§ 2.2-2261, 2.2-2263, and 2.2-2264, including the Commonwealth's share of the interest costs expended by the locality or regional authority for financing such project during the period from 50 percent completion of construction to final completion of construction.

C. The General Assembly shall have the sole authority to determine whether disbursement will be made pursuant to subdivision B 1, B 2, or B 3, or a combination thereof; provided that a disbursement shall only be made pursuant to subdivision B 3  upon a certification by the Department of Environmental Quality that project grant reimbursements for the fiscal year will exceed the available funds in the Water Quality Improvement Fund.

D. Exclusive of any deposits made pursuant to § 10.1-2128, the grants awarded pursuant to this section shall include such appropriations as provided for in Chapter 951 of the Acts of Assembly of 2005; and Chapter 10 of the Acts of Assembly of 2006, Special Session I.

E. The disbursement of grants to finance the costs of design and installation of nutrient removal technology at the following 89 publicly owned treatment works and other eligible nonsignificant dischargers shall be provided pursuant to the distribution methodology included in § 10.1-2131. However, in no case shall any publicly owned treatment works receive a grant of less than 35 percent of the costs of the design and installation of nutrient removal technology.

 

FACILITY NAME                       OWNER
 
Shenandoah - Potomac River Basin 
 
ACSA-Fishersville STP               Augusta County Service Authority
Luray STP                           Town of Luray
ACSA-Middle River Regional STP      Augusta County Service Authority
HRRSA-North River WWTF              Harrisonburg-Rockingham Regional
                                    Sewer Authority
ACSA-Stuarts Draft STP              Augusta County Service Authority
Waynesboro STP                      City of Waynesboro
ACSA-Weyers Cave STP                Augusta County Service Authority
Berryville STP                      Town of Berryville
Front Royal STP                     Town of Front Royal
Mount Jackson STP                   Town of Mount Jackson
New Market STP                      Town of New Market
Shenandoah Co.-North 
Fork Regional WWTP                  Shenandoah County
Stoney Creek Sanitary District STP  Stoney Creek Sanitary District
Strasburg STP                       Town of Strasburg
Woodstock STP                       Town of Woodstock
FWSA-Opequon Water 
Reclamation Facility                Frederick-Winchester Service
                                    Authority
FWSA-Parkins Mill WWTF              Frederick-Winchester Service
                                    Authority
Purcellville-Basham Simms WWTF      Town of Purcellville
LCSA-Broad Run WRF                  Loudoun   County Service Authority
Leesburg WPCF                       Town of Leesburg
Round Hill WWTP                     Town of Round Hill
PWCSA-H.L. Mooney WWTF              Prince William County Service
                                    Authority
Upper Occoquan Sewage
Authority WWTP                      Upper Occoquan Sewage Authority
FCW&SA-Vint Hill WWTF               Fauquier   County Water and Sewer 
                                    Authority
Alexandria Sanitation               Alexandria Sanitation Authority
Authority WWTP
Arlington Co. WPCF                  Arlington County
Fairfax Co. - Noman-Cole Pollution 
Control Facility                    Fairfax County
Stafford Co.-Aquia WWTP             Stafford County
Colonial Beach STP                  Town of   Colonial Beach
Dahlgren Sanitary District WWTP     King George County Service
                                    Authority
Fairview Beach STP                  King  George County Service
                                    Authority
Purkins Corner WWTP                 King George County Service
                                    Authority
District of Columbia – Blue
Plains STP (Virginia portion)       Loudoun   County Service Authority
                                    and   Fairfax County contract 
                                    for capacity
 
Rappahannock River Basin 
 
Culpeper WWTP                       Town of Culpeper
Marshall WWTP                       Town of Marshall
Mountain Run WWTP                   Culpeper County
Orange STP                          Town of Orange
Rapidan STP                         Rapidan Service Authority
FCW&SA-Remington WWTP               Fauquier   County Water and
                                    Sewer Authority
Warrenton STP                       Town of Warrenton
Wilderness Shores WWTP              Rapidan Service Authority
Spotsylvania Co.-FMC WWTF           Spotsylvania  County
Fredericksburg WWTF                 City of Fredericksburg
Stafford Co.-Little Falls Run WWTF  Stafford County
Spotsylvania Co.-Massaponax WWTF    Spotsylvania  County
Montross-Westmoreland WWTP          Westmoreland  County
Oakland Park STP                    King George County Service 
                                    Authority
Tappahannock WWTP                   Town of Tappahannock
Urbanna WWTP                        Hampton Roads Sanitation District
Warsaw STP                          Town of Warsaw
Reedville Sanitary District WWTP    Reedville Sanitary District
Kilmarnock WWTP                     Town of Kilmarnock
 
York River Basin 
 
Caroline Co. Regional STP           Caroline County
Gordonsville STP                    Rapidan Service Authority
Ashland WWTP                        Hanover County
Doswell WWTP                        Hanover County
HRSD-York River STP                 Hampton Roads Sanitation District
Parham Landing WWTP                 New   Kent County
Totopotomoy WWTP                    Hanover County
HRSD-West Point STP                 Hampton Roads Sanitation District
HRSD-Mathews Courthouse STP         Hampton Roads Sanitation District
 
James River Basin 
 
Buena Vista STP                     City of Buena Vista
Clifton Forge STP                   Town of Clifton Forge
Covington STP                       City of Covington
Lexington-Rockbridge Regional WQCF  Maury Service Authority
Alleghany Co.-Low Moor STP          Alleghany County
Alleghany Co.-Lower Jackson 
River WWTP                          Alleghany County
Amherst-Rutledge Creek WWTP         Town of Amherst
Lynchburg STP                       City of Lynchburg
RWSA-Moores Creek Regional STP      Rivanna Water and Sewer Authority
Crewe WWTP                          Town of Crewe
Farmville WWTP                      Town of Farmville
Chesterfield Co.-Falling            Chesterfield  County
Creek WWTP                           
Henrico Co. WWTP                    Henrico County
Hopewell Regional WWTF              City of Hopewell
Chesterfield Co.-Proctors 
Creek WWTP                          Chesterfield  County
Richmond WWTP                       City of Richmond
South Central Wastewater            South Central Wastewater
Authority WWTF                      Authority
Chickahominy WWTP                   New   Kent County
HRSD-Boat Harbor STP                Hampton Roads Sanitation District
HRSD-James River STP                Hampton Roads Sanitation District
HRSD-Williamsburg STP               Hampton Roads Sanitation District
HRSD-Nansemond STP                  Hampton Roads Sanitation District
HRSD-Army Base STP                  Hampton Roads Sanitation District
HRSD-Virginia Initiative Plant STP  Hampton Roads Sanitation District
HRSD-Chesapeake/Elizabeth STP       Hampton Roads Sanitation District
 
Eastern Shore Basin 
 
Cape Charles WWTP                   Town of Cape Charles
Onancock WWTP                       Town of Onancock
Tangier Island WWTP                 Town of Tangier

F. To the extent that any publicly owned treatment works receives less than the grant specified pursuant to § 10.1-2131, any year-end revenue surplus or unappropriated balances deposited in the Water Quality Improvement Fund, as required by § 10.1-2128, shall be prioritized in order to augment the funding of those projects for which grants have been prorated. Any additional reimbursements to these prorated projects shall not exceed the total reimbursement amount due pursuant to the formula established in subsection E of § 10.1-2131.

G. Notwithstanding the provisions of subsection B of § 10.1-2131, the Director of the Department of Environmental Quality shall not be required to enter into a grant agreement with a facility designated as a significant discharger or eligible nonsignificant discharger if the Director determines that the use of nutrient credits in accordance with the Chesapeake Bay Watershed Nutrient Credit Exchange Program (§ 62.1-44.19:12 et seq.) would be significantly more cost-effective than the installation of nutrient controls for the facility in question.

2. That the Department of Environmental Quality shall identify and evaluate options to ensure the efficient use of any grants authorized by the Water Quality Improvement Act (§ 10.1-2117 et seq. of the Code of Virginia). Any grant issued after October 1, 2007, shall include policies and guidelines governing the use of such grants that include the enforcement of appropriate cost control measures for the use of the grants. The Department shall work with representatives from local governments and the conservation community to evaluate the optimal use of existing and potential cost control measures, including but not limited to (i) evaluation of eligible and appropriate costs, (ii) applicability of the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia), (iii) voluntary nutrient credit trading, (iv) basing grant amounts on facility optimization using full life-cycle cost evaluation, (v) the ability to limit or exclude reimbursements based upon a comparison of costs to upgrade or build versus the purchase of credits, and (vi) the ability to prioritize grant agreements based upon the river-basin optimization plans. Such policies and procedures shall be developed no later than October 1, 2007.

3. That based upon a determination by the General Assembly pursuant to subsection C of § 10.1-1186.01 of the Code of Virginia to distribute the grants for the design and installation of nutrient removal technology at publicly owned treatment works designated as significant dischargers or as eligible nonsignificant dischargers as defined in § 10.1-2117 of the Code of Virginia through the use of bonds as provided for in subdivision B 3 of § 10.1-1186.01, the Virginia Public Building Authority is authorized to fund certain Water Quality Improvement Grants through the issuance of bonds as follows:

§ 1. Pursuant to §§ 2.2-2261, 2.2-2263, and 2.2-2264 of the Code of Virginia, the Virginia Public Building Authority is hereby authorized to finance certain Virginia Water Quality Improvement Grants pursuant to Article 4 (§ 10.1-2128 et seq.) of Chapter 21.1 of Title 10.1 of the Code of Virginia, through the issuance of bonds, without limitation and together with other available funds.  Such grants shall be used exclusively to fund a portion of some or all of the acquisition, design, construction, installation, equipping, improvement, or renovation of nutrient removal technology for significant dischargers contained in § 2 of this enactment and eligible nonsignificant dischargers as defined in § 10.1-2117 of the Code of Virginia.

§ 2. The Virginia Public Building Authority is authorized to take any and all necessary, proper, or convenient steps and to exercise any and all powers granted to it by law to carry out the undertaking and financing contemplated by the provisions of this enactment, including the power to finance grants to fund a portion of the costs of any or all of the projects set forth in this act by the issuance of revenue bonds from time to time in an aggregate principal amount not to exceed $250 million, plus amounts needed to fund issuance costs, reserve funds, original issue discount, and other financing expenses.

§ 3. The net proceeds of Virginia Public Building Authority bonds shall finance Virginia Water Quality Improvement Grants to fund or reimburse approved capital costs for each such project as and to the extent determined by the Department of Environmental Quality pursuant to the provisions of this enactment and of Article 4 (§ 10.1-2128 et seq.) of Chapter 21.1 of Title 10.1 of the Code of Virginia, including but not limited to the qualifications of projects for Virginia Water Quality Improvement Grants as set forth in §§ 10.1-2129, 10.1-2130, and 10.1-2131 and in written guidelines developed by the Secretary of Natural Resources in accordance with § 10.1-2129. Bond proceeds may not be used to pay debt service on obligations of regional or local governments or authorities. A separate account shall be maintained for the grants under this enactment and for bonds issued to finance such grants. Upon certification to the Authority by the Department of Environmental Quality that a project qualifies for a grant under the provisions of this act and the provisions of Article 4 (§ 10.1-2128 et seq.) of Chapter 21.1 of Title 10.1 of the Code of Virginia and of the proposed amount and purpose of such grant, the Authority shall cause the disbursement of bond proceeds to fund such grant, but only to the extent of available funds therefore.

§ 4. The proceeds of such bonds are hereby appropriated for disbursement from the state treasury pursuant to Article X, Section 7 of the Constitution of Virginia, and § 2.2-1819 of the Code of Virginia. Grants funded with proceeds of the bonds will be deposited in a separate account in the Virginia Water Quality Improvement Fund, pursuant to § 10.1-2128 of the Code of Virginia, which authorizes such Fund to consist of such other sums as may be made available to it from any other source, public or private. The general conditions and general provisions of a general appropriation act enacted by the General Assembly, in effect from time to time, and all of the terms and conditions contained therein shall apply to the capital projects listed in this act.

§ 5. No bonds authorized pursuant to this enactment shall be issued prior to July 1, 2008.

4. That if any clause, sentence, paragraph, section, or part of this act or the application thereof to any person, entity, or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall not affect the validity of the remainder hereof but shall be confined to the clause, sentence, paragraph, section, or part hereof directly involved in the controversy in which such judgment shall have been rendered, and to this end the provisions of this act are severable.

5. That all bonds issued heretofore by the Virginia Public Building Authority to provide funds to pay for all or any portion of the cost of one or more projects or portion thereof are hereby validated, ratified, approved, and confirmed.