{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-2128.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-2128.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-2128.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-2128.2.html"}],"law_id":77386,"edition_id":1,"section_id":77386,"structure_id":15254,"section_number":"10.1-2128.2","catch_line":"Nutrient Offset Fund; purposes","history":"2011, c. 524; 2017, c. 540.","full_text":"A\n\nThere is hereby created in the state treasury a special nonreverting fund to be known as the Nutrient Offset Fund, referred to in this section as “the Subfund,” which shall be a subfund of the Virginia Water Quality Improvement Fund and administered by the Director of the Department of Environmental Quality. The Subfund shall be established on the books of the Comptroller. All amounts appropriated and such other moneys as may be made available to the Subfund from any other source, public or private, shall be paid into the state treasury and credited to the Subfund. Interest earned on moneys in the Subfund shall remain in the Subfund and be credited to it. Any moneys remaining in the Subfund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Subfund. Moneys in the Subfund shall be used solely for the purposes stated in subsection B. Expenditures and disbursements from the Subfund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request of the Director of the Department of Environmental Quality.B\n\nThe Director of the Department of Environmental Quality shall use moneys in the Subfund only to acquire nutrient credits or allocations from point or nonpoint sources that achieve equivalent point or nonpoint source reductions in the same tributary beyond those reductions already required by or funded under federal or state law or the Watershed Implementation Plan prepared for the Chesapeake Bay Total Maximum Daily Load pursuant to § 2.2-218. The Director of the Department of Environmental Quality may enter into long-term contracts with producers of nutrient credits to purchase such credits using moneys from the Subfund. Credits in the Subfund shall be listed in a registry maintained by the Department of Environmental Quality.C\n\nThe Department of Environmental Quality shall establish a procedure to govern the distribution of moneys from the Subfund that shall include criteria that address (i) the annualized cost per pound of the reduction, (ii) the reliability of the underlying technology or practice, (iii) the relative durability and permanence of the credits generated, and (iv) other such factors that the Department deems appropriate to ensure that the practices will achieve the necessary reduction in nutrients for the term of credit.D\n\nThe Director of the Department of Environmental Quality shall make nutrient credits acquired pursuant to subsection B available for sale to owners or operators of new or expanded facilities pursuant to § 62.1-44.19:15, and to permitted facilities pursuant to § 62.1-44.19:18. The Director shall consider recommendations of the Secretary of Commerce and Trade consistent with the requirements of the State Water Control Law (§ 62.1-44.2 et seq.) in the sale of nutrient credits to new or expanding private facilities.E\n\nFor the purposes of this section, a “nutrient credit” means a nutrient reduction certified by the Department of Environmental Quality as a load allocation, point or nonpoint source nitrogen credit, or point or nonpoint source phosphorus credit under the Chesapeake Bay Watershed Nutrient Credit Exchange Program (§ 62.1-44.19:12 et seq.).","order_by":null,"text":{"0":{"id":277586,"text":"There is hereby created in the state treasury a special nonreverting fund to be known as the Nutrient Offset Fund, referred to in this section as “the Subfund,” which shall be a subfund of the Virginia Water Quality Improvement Fund and administered by the Director of the Department of Environmental Quality. The Subfund shall be established on the books of the Comptroller. All amounts appropriated and such other moneys as may be made available to the Subfund from any other source, public or private, shall be paid into the state treasury and credited to the Subfund. Interest earned on moneys in the Subfund shall remain in the Subfund and be credited to it. Any moneys remaining in the Subfund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Subfund. Moneys in the Subfund shall be used solely for the purposes stated in subsection B. Expenditures and disbursements from the Subfund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request of the Director of the Department of Environmental Quality.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277587,"text":"The Director of the Department of Environmental Quality shall use moneys in the Subfund only to acquire nutrient credits or allocations from point or nonpoint sources that achieve equivalent point or nonpoint source reductions in the same tributary beyond those reductions already required by or funded under federal or state law or the Watershed Implementation Plan prepared for the Chesapeake Bay Total Maximum Daily Load pursuant to § 2.2-218. The Director of the Department of Environmental Quality may enter into long-term contracts with producers of nutrient credits to purchase such credits using moneys from the Subfund. Credits in the Subfund shall be listed in a registry maintained by the Department of Environmental Quality.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":277588,"text":"The Department of Environmental Quality shall establish a procedure to govern the distribution of moneys from the Subfund that shall include criteria that address (i) the annualized cost per pound of the reduction, (ii) the reliability of the underlying technology or practice, (iii) the relative durability and permanence of the credits generated, and (iv) other such factors that the Department deems appropriate to ensure that the practices will achieve the necessary reduction in nutrients for the term of credit.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":277589,"text":"The Director of the Department of Environmental Quality shall make nutrient credits acquired pursuant to subsection B available for sale to owners or operators of new or expanded facilities pursuant to § 62.1-44.19:15, and to permitted facilities pursuant to § 62.1-44.19:18. The Director shall consider recommendations of the Secretary of Commerce and Trade consistent with the requirements of the State Water Control Law (§ 62.1-44.2 et seq.) in the sale of nutrient credits to new or expanding private facilities.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":277590,"text":"For the purposes of this section, a “nutrient credit” means a nutrient reduction certified by the Department of Environmental Quality as a load allocation, point or nonpoint source nitrogen credit, or point or nonpoint source phosphorus credit under the Chesapeake Bay Watershed Nutrient Credit Exchange Program (§ 62.1-44.19:12 et seq.).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15254,"edition_id":1,"name":"Virginia Water Quality Improvement Fund","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":14173,"metadata":{},"date_created":"2026-06-26 03:53:22","date_modified":"2026-06-26 03:53:22","permalink":{"id":146855,"object_type":"structure","relational_id":15254,"identifier":"4","token":"10.1\/II\/21.1\/4","url":"\/10.1\/II\/21.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14173,"edition_id":1,"name":"Virginia Water Quality Improvement Act of 1997","identifier":"21.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:47:08","date_modified":"2026-06-26 03:47:08","permalink":{"id":146803,"object_type":"structure","relational_id":14173,"identifier":"21.1","token":"10.1\/II\/21.1","url":"\/10.1\/II\/21.1\/","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":59595,"structure_id":15254,"section_number":"10.1-2127.1","catch_line":"Definitions","url":"\/10.1-2127.1\/","token":"10.1\/II\/21.1\/4\/10.1-2127.1","metadata":false},{"id":84120,"structure_id":15254,"section_number":"10.1-2128","catch_line":"Virginia Water Quality Improvement Fund established; purposes","url":"\/10.1-2128\/","token":"10.1\/II\/21.1\/4\/10.1-2128","metadata":false},{"id":59887,"structure_id":15254,"section_number":"10.1-2128.1","catch_line":"Virginia Natural Resources Commitment Fund established","url":"\/10.1-2128.1\/","token":"10.1\/II\/21.1\/4\/10.1-2128.1","metadata":false},{"id":77386,"structure_id":15254,"section_number":"10.1-2128.2","catch_line":"Nutrient Offset Fund; purposes","url":"\/10.1-2128.2\/","token":"10.1\/II\/21.1\/4\/10.1-2128.2","metadata":false},{"id":63909,"structure_id":15254,"section_number":"10.1-2129","catch_line":"Agency coordination; conditions of grants","url":"\/10.1-2129\/","token":"10.1\/II\/21.1\/4\/10.1-2129","metadata":false},{"id":81192,"structure_id":15254,"section_number":"10.1-2130","catch_line":"General provisions related to grants from the Fund","url":"\/10.1-2130\/","token":"10.1\/II\/21.1\/4\/10.1-2130","metadata":false},{"id":81333,"structure_id":15254,"section_number":"10.1-2131","catch_line":"Point source pollution funding; conditions for approval","url":"\/10.1-2131\/","token":"10.1\/II\/21.1\/4\/10.1-2131","metadata":false},{"id":58075,"structure_id":15254,"section_number":"10.1-2132","catch_line":"Nonpoint source pollution funding; conditions for approval","url":"\/10.1-2132\/","token":"10.1\/II\/21.1\/4\/10.1-2132","metadata":false},{"id":67667,"structure_id":15254,"section_number":"10.1-2133","catch_line":"Annual report by State Comptroller","url":"\/10.1-2133\/","token":"10.1\/II\/21.1\/4\/10.1-2133","metadata":false},{"id":64860,"structure_id":15254,"section_number":"10.1-2134","catch_line":"Annual report by Directors of the Departments of Environmental Quality and Conservation and Recreation","url":"\/10.1-2134\/","token":"10.1\/II\/21.1\/4\/10.1-2134","metadata":false},{"id":65533,"structure_id":15254,"section_number":"10.1-2134.1","catch_line":"Water Quality Improvement Fund; estimate of requests","url":"\/10.1-2134.1\/","token":"10.1\/II\/21.1\/4\/10.1-2134.1","metadata":false}],"previous_section":{"id":59887,"structure_id":15254,"section_number":"10.1-2128.1","catch_line":"Virginia Natural Resources Commitment Fund established","url":"\/10.1-2128.1\/","token":"10.1\/II\/21.1\/4\/10.1-2128.1","metadata":false},"next_section":{"id":63909,"structure_id":15254,"section_number":"10.1-2129","catch_line":"Agency coordination; conditions of grants","url":"\/10.1-2129\/","token":"10.1\/II\/21.1\/4\/10.1-2129","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-2128.2\/","history_text":"

This law was first created in 2011. The record of its establishment is cataloged in chapter 524<\/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 1 time. 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. That modification is as follows: in 2017, chapter 540<\/a>.<\/p>","references":[{"id":77343,"section_number":"62.1-44.19:15","catch_line":"New or expanded facilities","order_by":null,"url":"\/62.1-44.19_15\/"},{"id":82136,"section_number":"62.1-44.19:18","catch_line":"Nutrient allocation compliance and reporting","order_by":null,"url":"\/62.1-44.19_18\/"}],"refers_to":[{"id":70067,"section_number":"2.2-218","catch_line":"Development of Watershed Implementation Plans to restore the water quality and living resources of the Chesapeake Bay and its tributaries","order_by":null,"url":"\/2.2-218\/"},{"id":72017,"section_number":"62.1-44.19:12","catch_line":"Legislative findings and purposes","order_by":null,"url":"\/62.1-44.19_12\/"},{"id":77343,"section_number":"62.1-44.19:15","catch_line":"New or expanded facilities","order_by":null,"url":"\/62.1-44.19_15\/"},{"id":82136,"section_number":"62.1-44.19:18","catch_line":"Nutrient allocation compliance and reporting","order_by":null,"url":"\/62.1-44.19_18\/"},{"id":54640,"section_number":"62.1-44.2","catch_line":"Short title; purpose","order_by":null,"url":"\/62.1-44.2\/"}],"permalink":{"id":146869,"object_type":"law","relational_id":77386,"identifier":"10.1-2128.2","token":"10.1\/II\/21.1\/4\/10.1-2128.2","url":"\/10.1-2128.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-2128.2\/","token":"10.1\/II\/21.1\/4\/10.1-2128.2","dublin_core":{"Title":"Nutrient Offset Fund; purposes","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-2128.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> There is hereby created in the state treasury a special nonreverting fund<\/span> to be known as the Nutrient Offset Fund<\/span>, referred to in this section as “the Subfund,” which shall be a subfund of the Virginia Water Quality Improvement Fund<\/span> and administered by the Director of the Department of Environmental Quality. The Subfund shall be established on the books of the Comptroller. All amounts appropriated and such other moneys as may be made available to the Subfund from any other source, public or private, shall be paid into the state treasury and credited to the Subfund. Interest earned on moneys in the Subfund shall remain in the Subfund and be credited to it. Any moneys remaining in the Subfund, including interest thereon, at the end of each fiscal year shall not revert to the general fund<\/span> but shall remain in the Subfund. Moneys in the Subfund shall be used solely for the purposes stated in subsection B. Expenditures and disbursements from the Subfund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request of the Director of the Department of Environmental Quality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director of the Department of Environmental Quality shall use moneys in the Subfund only to acquire nutrient credits<\/span> or allocations from point or nonpoint sources that achieve equivalent point or nonpoint source reductions in the same tributary beyond those reductions already required by or funded under federal or state law<\/span> or the Watershed Implementation Plan prepared for the Chesapeake Bay Total Maximum Daily Load pursuant to § 2.2-218<\/a>. The Director of the Department of Environmental Quality may enter into long-term contracts<\/span> with producers of nutrient credits<\/span> to purchase such credits using moneys from the Subfund. Credits in the Subfund shall be listed in a registry maintained by the Department of Environmental Quality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department of Environmental Quality shall establish a procedure to govern the distribution of moneys from the Subfund that shall include criteria that address (i) the annualized cost per pound of the reduction, (ii) the reliability of the underlying technology or practice, (iii) the relative durability and permanence of the credits generated, and (iv) other such factors that the Department deems appropriate to ensure that the practices will achieve the necessary reduction in nutrients for the term of credit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Director of the Department of Environmental Quality shall make nutrient credits<\/span> acquired pursuant to subsection B available for sale to owners or operators of new or expanded facilities pursuant to § 62.1-44.19:15<\/a>, and to permitted facilities pursuant to § 62.1-44.19:18<\/a>. The Director shall consider recommendations of the Secretary of Commerce and Trade consistent with the requirements of the State Water Control Law<\/span> (§ 62.1-44.2<\/a> et seq.) in the sale of nutrient credits<\/span> to new or expanding private facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> For the purposes of this section, a “nutrient credit<\/span>” means a nutrient reduction certified by the Department of Environmental Quality as a load allocation, point or nonpoint source nitrogen credit, or point or nonpoint source phosphorus credit under the Chesapeake Bay Watershed Nutrient Credit<\/span> Exchange Program (§ 62.1-44.19:12<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNUTRIENT OFFSET FUND; PURPOSES (\u00a7 10.1-2128.2)\n\nA. There is hereby created in the state treasury a special nonreverting fund to\nbe known as the Nutrient Offset Fund, referred to in this section as “the\nSubfund,” which shall be a subfund of the Virginia Water Quality\nImprovement Fund and administered by the Director of the Department of\nEnvironmental Quality. The Subfund shall be established on the books of the\nComptroller. All amounts appropriated and such other moneys as may be made\navailable to the Subfund from any other source, public or private, shall be paid\ninto the state treasury and credited to the Subfund. Interest earned on moneys\nin the Subfund shall remain in the Subfund and be credited to it. Any moneys\nremaining in the Subfund, including interest thereon, at the end of each fiscal\nyear shall not revert to the general fund but shall remain in the Subfund.\nMoneys in the Subfund shall be used solely for the purposes stated in subsection\nB. Expenditures and disbursements from the Subfund shall be made by the State\nTreasurer on warrants issued by the Comptroller upon written request of the\nDirector of the Department of Environmental Quality.\n\nB. The Director of the Department of Environmental Quality shall use moneys in\nthe Subfund only to acquire nutrient credits or allocations from point or\nnonpoint sources that achieve equivalent point or nonpoint source reductions in\nthe same tributary beyond those reductions already required by or funded under\nfederal or state law or the Watershed Implementation Plan prepared for the\nChesapeake Bay Total Maximum Daily Load pursuant to § 2.2-218. The Director\nof the Department of Environmental Quality may enter into long-term contracts\nwith producers of nutrient credits to purchase such credits using moneys from\nthe Subfund. Credits in the Subfund shall be listed in a registry maintained by\nthe Department of Environmental Quality.\n\nC. The Department of Environmental Quality shall establish a procedure to govern\nthe distribution of moneys from the Subfund that shall include criteria that\naddress (i) the annualized cost per pound of the reduction, (ii) the reliability\nof the underlying technology or practice, (iii) the relative durability and\npermanence of the credits generated, and (iv) other such factors that the\nDepartment deems appropriate to ensure that the practices will achieve the\nnecessary reduction in nutrients for the term of credit.\n\nD. The Director of the Department of Environmental Quality shall make nutrient\ncredits acquired pursuant to subsection B available for sale to owners or\noperators of new or expanded facilities pursuant to § 62.1-44.19:15, and to\npermitted facilities pursuant to § 62.1-44.19:18. The Director shall\nconsider recommendations of the Secretary of Commerce and Trade consistent with\nthe requirements of the State Water Control Law (§ 62.1-44.2 et seq.) in\nthe sale of nutrient credits to new or expanding private facilities.\n\nE. For the purposes of this section, a “nutrient credit” means a\nnutrient reduction certified by the Department of Environmental Quality as a\nload allocation, point or nonpoint source nitrogen credit, or point or nonpoint\nsource phosphorus credit under the Chesapeake Bay Watershed Nutrient Credit\nExchange Program (§ 62.1-44.19:12 et seq.).\n\nHISTORY: 2011, c. 524; 2017, c. 540.","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}}