{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1186.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1186.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1186.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1186.01.html"}],"law_id":82526,"edition_id":1,"section_id":82526,"structure_id":14493,"section_number":"10.1-1186.01","catch_line":"Reimbursements to localities for upgrades to treatment works","history":"2007, cc. 851, 900; 2008, c. 572; 2021, Sp. Sess. I, cc. 363, 364; 2022, cc. 127, 128.","full_text":"A\n\nAs used in this section, “Enhanced Nutrient Removal Certainty Program” or “ENRC Program” means the same as that term is defined in § 62.1-44.19:13.B\n\nThe 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 F or as eligible nonsignificant dischargers as defined in § 10.1-2117. When grant disbursements pursuant to this section reach a sum sufficient to fund the completion of the ENRC Program at all publicly owned treatment works, 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 and Appropriations shall review (i) the future funding needs to meet the purposes of the Water Quality Improvement Act, (ii) the most recent annual needs estimate required by § 10.1-2134.1, and (iii) the appropriate funding mechanism for such needs.C\n\nThe disbursement of grants for the design and installation of nutrient removal technology at those publicly owned treatment works included in subsection F and eligible nonsignificant dischargers shall be made monthly based on a requisition submitted by the grant recipient in the form requested by the Department. Each requisition shall include written certification that the applicable local share of the cost of nutrient removal technology for that portion of the project covered by such requisition has been incurred or expended. Except as may otherwise be approved by the Department, disbursements shall not exceed 95 percent of the total grant amount until satisfactory completion of the project. The distribution of the grants shall be effected by one of the following methods:1\n\nIn payments to be paid by the State Treasurer out of funds appropriated to the Water Quality Improvement Fund pursuant to § 10.1-2131;2\n\nOver 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; or3\n\nIn payments to be paid by the State Treasurer upon request of the Director out of proceeds from bonds issued by the Virginia Public Building Authority, in consultation with the Department, 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.D\n\nThe General Assembly has the sole authority to determine whether disbursement shall be made pursuant to subdivision C 1, 2, or 3, or a combination thereof, provided that a disbursement shall be made pursuant to subdivision C 3 only upon a certification by the Department that project grant reimbursements for the fiscal year will exceed the available funds in the Water Quality Improvement Fund.E\n\nExclusive of any deposits made pursuant to § 10.1-2128, the grants awarded pursuant to this section shall include such appropriations as provided from time to time in the appropriation act or any amendments thereto.F\n\nThe disbursement of grants to finance the costs of design and installation of nutrient removal technology, including eligible design and installation costs for implementation of the ENRC Program, at the following listed publicly owned treatment works and other eligible nonsignificant dischargers shall be provided pursuant to the distribution methodology included in § 10.1-2131. The notation “WIP3-N” or “WIP3-P” indicates that a facility is subject to additional requirements for total nitrogen or total phosphorus, respectively, under the ENRC Program. 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.G\n\nTo 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.H\n\nNotwithstanding the provisions of subsection B of § 10.1-2131, the Director 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.","order_by":null,"text":{"0":{"id":295643,"text":"As used in this section, “Enhanced Nutrient Removal Certainty Program” or “ENRC Program” means the same as that term is defined in § 62.1-44.19:13.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":295644,"text":"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 F or as eligible nonsignificant dischargers as defined in § 10.1-2117. When grant disbursements pursuant to this section reach a sum sufficient to fund the completion of the ENRC Program at all publicly owned treatment works, 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 and Appropriations shall review (i) the future funding needs to meet the purposes of the Water Quality Improvement Act, (ii) the most recent annual needs estimate required by § 10.1-2134.1, and (iii) the appropriate funding mechanism for such needs.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":295645,"text":"The disbursement of grants for the design and installation of nutrient removal technology at those publicly owned treatment works included in subsection F and eligible nonsignificant dischargers shall be made monthly based on a requisition submitted by the grant recipient in the form requested by the Department. Each requisition shall include written certification that the applicable local share of the cost of nutrient removal technology for that portion of the project covered by such requisition has been incurred or expended. Except as may otherwise be approved by the Department, disbursements shall not exceed 95 percent of the total grant amount until satisfactory completion of the project. The distribution of the grants shall be effected by one of the following methods:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":295646,"text":"In payments to be paid by the State Treasurer out of funds appropriated to the Water Quality Improvement Fund pursuant to § 10.1-2131;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":295647,"text":"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","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":295648,"text":"In payments to be paid by the State Treasurer upon request of the Director out of proceeds from bonds issued by the Virginia Public Building Authority, in consultation with the Department, 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.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":295649,"text":"The General Assembly has the sole authority to determine whether disbursement shall be made pursuant to subdivision C 1, 2, or 3, or a combination thereof, provided that a disbursement shall be made pursuant to subdivision C 3 only upon a certification by the Department that project grant reimbursements for the fiscal year will exceed the available funds in the Water Quality Improvement Fund.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"7":{"id":295650,"text":"Exclusive of any deposits made pursuant to § 10.1-2128, the grants awarded pursuant to this section shall include such appropriations as provided from time to time in the appropriation act or any amendments thereto.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":295651,"text":"The disbursement of grants to finance the costs of design and installation of nutrient removal technology, including eligible design and installation costs for implementation of the ENRC Program, at the following listed publicly owned treatment works and other eligible nonsignificant dischargers shall be provided pursuant to the distribution methodology included in § 10.1-2131. The notation “WIP3-N” or “WIP3-P” indicates that a facility is subject to additional requirements for total nitrogen or total phosphorus, respectively, under the ENRC Program. 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.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"9":{"id":295652,"text":"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.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"10":{"id":295653,"text":"Notwithstanding the provisions of subsection B of § 10.1-2131, the Director 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.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14493,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12742,"metadata":{},"date_created":"2026-06-26 03:48:20","date_modified":"2026-06-26 03:48:20","permalink":{"id":145335,"object_type":"structure","relational_id":14493,"identifier":"1","token":"10.1\/II\/11.1\/1","url":"\/10.1\/II\/11.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12742,"edition_id":1,"name":"Department of Environmental Quality","identifier":"11.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":145333,"object_type":"structure","relational_id":12742,"identifier":"11.1","token":"10.1\/II\/11.1","url":"\/10.1\/II\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56886,"structure_id":14493,"section_number":"10.1-1182","catch_line":"Definitions","url":"\/10.1-1182\/","token":"10.1\/II\/11.1\/1\/10.1-1182","metadata":false},{"id":87314,"structure_id":14493,"section_number":"10.1-1182.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1182.1\/","token":"10.1\/II\/11.1\/1\/10.1-1182.1","metadata":false},{"id":73247,"structure_id":14493,"section_number":"10.1-1183","catch_line":"Creation of Department of Environmental Quality; statement of policy","url":"\/10.1-1183\/","token":"10.1\/II\/11.1\/1\/10.1-1183","metadata":false},{"id":83890,"structure_id":14493,"section_number":"10.1-1183.1","catch_line":"Department of Environmental Quality consolidated annual report","url":"\/10.1-1183.1\/","token":"10.1\/II\/11.1\/1\/10.1-1183.1","metadata":false},{"id":55967,"structure_id":14493,"section_number":"10.1-1184","catch_line":"State Air Pollution Control Board, State Water Control Board, and Virginia Waste Management Board continued","url":"\/10.1-1184\/","token":"10.1\/II\/11.1\/1\/10.1-1184","metadata":false},{"id":76875,"structure_id":14493,"section_number":"10.1-1184.1","catch_line":"Additional duties of Department; controversial permits","url":"\/10.1-1184.1\/","token":"10.1\/II\/11.1\/1\/10.1-1184.1","metadata":false},{"id":62821,"structure_id":14493,"section_number":"10.1-1184.2","catch_line":"Regulations; civil penalties; written notice of violation","url":"\/10.1-1184.2\/","token":"10.1\/II\/11.1\/1\/10.1-1184.2","metadata":false},{"id":85400,"structure_id":14493,"section_number":"10.1-1185","catch_line":"Appointment of Director; powers and duties of Director","url":"\/10.1-1185\/","token":"10.1\/II\/11.1\/1\/10.1-1185","metadata":false},{"id":55896,"structure_id":14493,"section_number":"10.1-1186","catch_line":"General powers of the Department","url":"\/10.1-1186\/","token":"10.1\/II\/11.1\/1\/10.1-1186","metadata":false},{"id":82526,"structure_id":14493,"section_number":"10.1-1186.01","catch_line":"Reimbursements to localities for upgrades to treatment works","url":"\/10.1-1186.01\/","token":"10.1\/II\/11.1\/1\/10.1-1186.01","metadata":false},{"id":83468,"structure_id":14493,"section_number":"10.1-1186.1","catch_line":"Department to publish toxics inventory","url":"\/10.1-1186.1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.1","metadata":false},{"id":79857,"structure_id":14493,"section_number":"10.1-1186.1:1","catch_line":"Hazardous Waste Site Inventory","url":"\/10.1-1186.1_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.1_1","metadata":false},{"id":57333,"structure_id":14493,"section_number":"10.1-1186.2","catch_line":"Supplemental environmental projects","url":"\/10.1-1186.2\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2","metadata":false},{"id":70152,"structure_id":14493,"section_number":"10.1-1186.2:1","catch_line":"Impact of electric generating facilities","url":"\/10.1-1186.2_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2_1","metadata":false},{"id":86115,"structure_id":14493,"section_number":"10.1-1186.3","catch_line":"Additional powers of Boards and the Department; mediation; alternative dispute resolution","url":"\/10.1-1186.3\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3","metadata":false},{"id":57009,"structure_id":14493,"section_number":"10.1-1186.3:1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/10.1-1186.3_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3_1","metadata":false},{"id":56492,"structure_id":14493,"section_number":"10.1-1186.4","catch_line":"Enforcement powers; federal court","url":"\/10.1-1186.4\/","token":"10.1\/II\/11.1\/1\/10.1-1186.4","metadata":false},{"id":65720,"structure_id":14493,"section_number":"10.1-1186.5","catch_line":"Expired","url":"\/10.1-1186.5\/","token":"10.1\/II\/11.1\/1\/10.1-1186.5","metadata":false},{"id":64303,"structure_id":14493,"section_number":"10.1-1186.6","catch_line":"Carbon market participation; submerged aquatic vegetation","url":"\/10.1-1186.6\/","token":"10.1\/II\/11.1\/1\/10.1-1186.6","metadata":false},{"id":59129,"structure_id":14493,"section_number":"10.1-1187","catch_line":"Provision of the Code continued","url":"\/10.1-1187\/","token":"10.1\/II\/11.1\/1\/10.1-1187","metadata":false}],"previous_section":{"id":55896,"structure_id":14493,"section_number":"10.1-1186","catch_line":"General powers of the Department","url":"\/10.1-1186\/","token":"10.1\/II\/11.1\/1\/10.1-1186","metadata":false},"next_section":{"id":83468,"structure_id":14493,"section_number":"10.1-1186.1","catch_line":"Department to publish toxics inventory","url":"\/10.1-1186.1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1186.01\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapters 851<\/a> and 900<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2008, chapter 572<\/a>; in 2022, chapters 127<\/a> and 128<\/a>.<\/p>","references":false,"refers_to":[{"id":58830,"section_number":"10.1-2117","catch_line":"Definitions","order_by":null,"url":"\/10.1-2117\/"},{"id":84120,"section_number":"10.1-2128","catch_line":"Virginia Water Quality Improvement Fund established; purposes","order_by":null,"url":"\/10.1-2128\/"},{"id":81333,"section_number":"10.1-2131","catch_line":"Point source pollution funding; conditions for approval","order_by":null,"url":"\/10.1-2131\/"},{"id":65533,"section_number":"10.1-2134.1","catch_line":"Water Quality Improvement Fund; estimate of requests","order_by":null,"url":"\/10.1-2134.1\/"},{"id":82089,"section_number":"2.2-2261","catch_line":"Virginia Public Building Authority created; purpose; membership; terms; expenses; staff","order_by":null,"url":"\/2.2-2261\/"},{"id":60152,"section_number":"2.2-2263","catch_line":"Powers and duties of Authority; limitations","order_by":null,"url":"\/2.2-2263\/"},{"id":77102,"section_number":"2.2-2264","catch_line":"Revenue bonds generally","order_by":null,"url":"\/2.2-2264\/"},{"id":72017,"section_number":"62.1-44.19:12","catch_line":"Legislative findings and purposes","order_by":null,"url":"\/62.1-44.19_12\/"}],"permalink":{"id":145373,"object_type":"law","relational_id":82526,"identifier":"10.1-1186.01","token":"10.1\/II\/11.1\/1\/10.1-1186.01","url":"\/10.1-1186.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1186.01\/","token":"10.1\/II\/11.1\/1\/10.1-1186.01","dublin_core":{"Title":"Reimbursements to localities for upgrades to treatment works","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1186.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “Enhanced Nutrient Removal Certainty Program<\/span>” or “ENRC Program<\/span>” means the same as that term is defined in § 62.1-44.19:13<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 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 F or as eligible nonsignificant dischargers as defined in § 10.1-2117<\/a>. When grant disbursements pursuant to this section reach a sum sufficient to fund the completion of the ENRC Program<\/span> at all publicly owned treatment works, 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 and Appropriations shall review (i) the future funding needs to meet the purposes of the Water Quality Improvement Act, (ii) the most recent annual needs estimate required by § 10.1-2134.1<\/a>, and (iii) the appropriate funding mechanism for such needs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The disbursement of grants for the design and installation of nutrient removal technology at those publicly owned treatment works included in subsection F and eligible nonsignificant dischargers shall be made monthly based on a requisition submitted by the grant recipient in the form requested by the Department<\/span>. Each requisition shall include written certification that the applicable local share of the cost of nutrient removal technology for that portion of the project covered by such requisition has been incurred or expended. Except as may otherwise be approved by the Department<\/span>, disbursements shall not exceed 95 percent of the total grant amount until satisfactory completion of the project. The distribution of the grants shall be effected by one of the following methods: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In payments to be paid by the State Treasurer out of funds appropriated to the Water Quality Improvement Fund pursuant to § 10.1-2131<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In payments to be paid by the State Treasurer upon request of the Director<\/span> out of proceeds from bonds<\/span> issued by the Virginia Public Building Authority, in consultation with the Department<\/span>, pursuant to §§ 2.2-2261<\/a>, 2.2-2263<\/a>, and 2.2-2264<\/a>, 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The General Assembly has the sole authority to determine whether disbursement shall be made pursuant to subdivision C 1, 2, or 3, or a combination thereof, provided that a disbursement shall be made pursuant to subdivision C 3 only upon a certification by the Department<\/span> that project grant reimbursements for the fiscal year will exceed the available funds in the Water Quality Improvement Fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Exclusive of any deposits made pursuant to § 10.1-2128<\/a>, the grants awarded pursuant to this section shall include such appropriations as provided from time to time in the appropriation act or any amendments thereto. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The disbursement of grants to finance the costs of design and installation of nutrient removal technology, including eligible design and installation costs for implementation of the ENRC Program<\/span>, at the following listed publicly owned treatment works and other eligible nonsignificant dischargers shall be provided pursuant to the distribution methodology included in § 10.1-2131<\/a>. The notation “WIP3-N” or “WIP3-P” indicates that a facility is subject to additional requirements for total nitrogen or total phosphorus, respectively, under the ENRC Program<\/span>. 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> To the extent that any publicly owned treatment works receives less than the grant specified pursuant to § 10.1-2131<\/a>, any year-end revenue surplus or unappropriated balances deposited in the Water Quality Improvement Fund, as required by § 10.1-2128<\/a>, shall be prioritized in order<\/span> 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<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Notwithstanding the provisions of subsection B of § 10.1-2131<\/a>, the Director<\/span> 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<\/span> determines that the use of nutrient credits in accordance with the Chesapeake Bay Watershed Nutrient Credit Exchange Program (§ 62.1-44.19:12<\/a> et seq.) would be significantly more cost-effective than the installation of nutrient controls for the facility in question. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREIMBURSEMENTS TO LOCALITIES FOR UPGRADES TO TREATMENT WORKS (\u00a7 10.1-1186.01)\n\nA. As used in this section, “Enhanced Nutrient Removal Certainty\nProgram” or “ENRC Program” means the same as that term is\ndefined in § 62.1-44.19:13.\n\nB. The General Assembly shall fund grants to finance the reasonable costs of\ndesign and installation of nutrient removal technology at the publicly owned\ntreatment works designated as significant dischargers contained in subsection F\nor as eligible nonsignificant dischargers as defined in § 10.1-2117. When\ngrant disbursements pursuant to this section reach a sum sufficient to fund the\ncompletion of the ENRC Program at all publicly owned treatment works, the House\nCommittee on Agriculture, Chesapeake and Natural Resources, the House Committee\non Appropriations, the Senate Committee on Agriculture, Conservation and Natural\nResources, and the Senate Committee on Finance and Appropriations shall review\n(i) the future funding needs to meet the purposes of the Water Quality\nImprovement Act, (ii) the most recent annual needs estimate required by §\n10.1-2134.1, and (iii) the appropriate funding mechanism for such needs.\n\nC. The disbursement of grants for the design and installation of nutrient\nremoval technology at those publicly owned treatment works included in\nsubsection F and eligible nonsignificant dischargers shall be made monthly based\non a requisition submitted by the grant recipient in the form requested by the\nDepartment. Each requisition shall include written certification that the\napplicable local share of the cost of nutrient removal technology for that\nportion of the project covered by such requisition has been incurred or\nexpended. Except as may otherwise be approved by the Department, disbursements\nshall not exceed 95 percent of the total grant amount until satisfactory\ncompletion of the project. The distribution of the grants shall be effected by\none of the following methods:\n\n 1. In payments to be paid by the State Treasurer out of funds appropriated to\n the Water Quality Improvement Fund pursuant to § 10.1-2131;\n\n 2. Over a specified time through a contractual agreement entered into by the\n Treasury Board and approved by the Governor, on behalf of the Commonwealth,\n and the locality or public service authority undertaking the design and\n installation of nutrient removal technology, such payments to be paid by the\n State Treasurer out of funds appropriated to the Treasury Board; or\n\n 3. In payments to be paid by the State Treasurer upon request of the Director\n out of proceeds from bonds issued by the Virginia Public Building Authority,\n in consultation with the Department, pursuant to §§ 2.2-2261,\n 2.2-2263, and 2.2-2264, including the Commonwealth’s share of the\n interest costs expended by the locality or regional authority for financing\n such project during the period from 50 percent completion of construction to\n final completion of construction.\n\nD. The General Assembly has the sole authority to determine whether disbursement\nshall be made pursuant to subdivision C 1, 2, or 3, or a combination thereof,\nprovided that a disbursement shall be made pursuant to subdivision C 3 only upon\na certification by the Department that project grant reimbursements for the\nfiscal year will exceed the available funds in the Water Quality Improvement\nFund.\n\nE. Exclusive of any deposits made pursuant to § 10.1-2128, the grants\nawarded pursuant to this section shall include such appropriations as provided\nfrom time to time in the appropriation act or any amendments thereto.\n\nF. The disbursement of grants to finance the costs of design and installation of\nnutrient removal technology, including eligible design and installation costs\nfor implementation of the ENRC Program, at the following listed publicly owned\ntreatment works and other eligible nonsignificant dischargers shall be provided\npursuant to the distribution methodology included in § 10.1-2131. The\nnotation “WIP3-N” or “WIP3-P” indicates that a facility\nis subject to additional requirements for total nitrogen or total phosphorus,\nrespectively, under the ENRC Program. In no case shall any publicly owned\ntreatment works receive a grant of less than 35 percent of the costs of the\ndesign and installation of nutrient removal technology.\n\nG. To the extent that any publicly owned treatment works receives less than the\ngrant specified pursuant to § 10.1-2131, any year-end revenue surplus or\nunappropriated balances deposited in the Water Quality Improvement Fund, as\nrequired by § 10.1-2128, shall be prioritized in order to augment the\nfunding of those projects for which grants have been prorated. Any additional\nreimbursements to these prorated projects shall not exceed the total\nreimbursement amount due pursuant to the formula established in subsection E of\n§ 10.1-2131.\n\nH. Notwithstanding the provisions of subsection B of § 10.1-2131, the\nDirector shall not be required to enter into a grant agreement with a facility\ndesignated as a significant discharger or eligible nonsignificant discharger if\nthe Director determines that the use of nutrient credits in accordance with the\nChesapeake Bay Watershed Nutrient Credit Exchange Program (§ 62.1-44.19:12\net seq.) would be significantly more cost-effective than the installation of\nnutrient controls for the facility in question.\n\nHISTORY: 2007, cc. 851, 900; 2008, c. 572; 2021, Sp. Sess. I, cc. 363, 364;\n2022, cc. 127, 128.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}