CODE OF VIRGINIA

WATER SUPPLY ASSISTANCE GRANT FUND ESTABLISHED (§ 32.1-171.2)

A. There is hereby created in the state treasury a special nonreverting fund to
be known as the Water Supply Assistance Grant Fund, hereafter referred to as
“the Fund.” The Fund shall be established on the books of the
Comptroller. All funds appropriated as matching funds for moneys available
through the federal Safe Drinking Water Act, all penalties and charges directed
to this fund by §§ 32.1-27, 32.1-175.01 and 32.1-176, and all other funds from
any public or private source directed to the Fund shall be paid into the state
treasury and credited to the Fund. 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. Moneys in the Fund shall be used
solely for the purposes found in subsection B. Expenditures and disbursements
from the Fund shall be made by the State Treasurer on warrants issued by the
Comptroller upon written request signed by the Commissioner at the direction of
the Board.

B. The Board shall utilize the moneys appropriated as matching funds for that
purpose and, subject to other available funds, may make Water Supply Assistance
Grants from the Fund to localities and the owners of waterworks to assist in the
provision of drinking water. The Board shall develop guidelines establishing the
(i) criteria for grant eligibility, (ii) conditions to be included in grants,
and (iii) grant distribution priorities. Among the factors that shall be
included in the criteria for grant eligibility and in the grant distribution
priorities shall be the financial condition of the locality wherein a grant is
sought.

C. The Administrative Process Act (§ 2.2-4000 et seq.) shall not apply to the
development of guidelines for the Fund. However, the process for development of
the guidelines by the Board shall include (i) the use of an advisory committee
composed of interested parties, (ii) a minimum sixty-day public comment period
on draft guidelines followed by a public hearing, (iii) written responses to all
comments received, and (iv) notice of the availability of draft guidelines and
final guidelines to all who request such notice.

HISTORY: 1999, c. 786.