{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-2129.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-2129.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-2129.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-2129.html"}],"law_id":63909,"edition_id":1,"section_id":63909,"structure_id":15254,"section_number":"10.1-2129","catch_line":"Agency coordination; conditions of grants","history":"1997, cc. 21, 625, 626; 1999, c. 509; 2005, cc. 41, 704, 707, 709; 2006, c. 236; 2008, cc. 643, 701; 2010, c. 684; 2011, c. 189; 2012, cc. 785, 819; 2015, c. 164; 2021, Sp. Sess. I, c. 401.","full_text":"A\n\nIf, in any fiscal year beginning on or after July 1, 2005, there are appropriations to the Fund in addition to those made pursuant to subsection A of \u00a7 10.1-2128, the Secretary of Natural and Historic Resources shall distribute those moneys in the Fund provided from the 10 percent of the annual general fund revenue collections that are in excess of the official estimates in the general appropriation act, and the 10 percent of any unrestricted and uncommitted general fund balance at the close of each fiscal year whose reappropriation is not required in the general appropriation act, as follows:1\n\nSeventy percent of the moneys shall be distributed to the Department of Conservation and Recreation and shall be administered by it for the sole purpose of implementing projects or best management practices that reduce nitrogen and phosphorus nonpoint source pollution, with a priority given to agricultural best management practices. In no single year shall more than 60 percent of the moneys be used for projects or practices exclusively within the Chesapeake Bay watershed; and2\n\nThirty percent of the moneys shall be distributed to the Department of Environmental Quality, which shall use such moneys for making grants for the sole purpose of designing and installing nutrient removal technologies for publicly owned treatment works designated as significant dischargers or eligible nonsignificant dischargers. The moneys shall also be available for grants when the design and installation of nutrient removal technology utilizes the Public-Private Education Facilities and Infrastructure Act (§ 56-575.1 et seq.).3\n\nExcept as otherwise provided in the Appropriation Act, in any fiscal year when moneys are not appropriated to the Fund in addition to those specified in subsection A of § 10.1-2128, or when moneys appropriated to the Fund in addition to those specified in subsection A of § 10.1-2128 are less than 40 percent of those specified in subsection A of § 10.1-2128, the Secretary of Natural and Historic Resources, in consultation with the Secretary of Agriculture and Forestry, the State Forester, the Commissioner of Agriculture and Consumer Services, and the Directors of the Departments of Environmental Quality and Conservation and Recreation, and with the advice and guidance of the Board of Conservation and Recreation, the Virginia Soil and Water Conservation Board, and the State Water Control Board, and following a public comment period of at least 30 days and a public hearing, shall allocate those moneys deposited in the Fund, but excluding any moneys deposited into the Virginia Natural Resources Commitment Fund established pursuant to § 10.1-2128.1, between point and nonpoint sources, both of which shall receive moneys in each such year.B\n\n1. Except as may otherwise be specified in the general appropriation act, the Secretary of Natural and Historic Resources, in consultation with the Secretary of Agriculture and Forestry, the State Forester, the Commissioner of Agriculture and Consumer Services, the State Health Commissioner, and the Directors of the Departments of Environmental Quality and Conservation and Recreation, and with the advice and guidance of the Board of Conservation and Recreation, the Virginia Soil and Water Conservation Board, and the State Water Control Board, shall develop written guidelines that (i) specify eligibility requirements; (ii) govern the application for and the distribution and conditions of Water Quality Improvement Grants; (iii) list criteria for prioritizing funding requests; and (iv) define criteria and financial incentives for water reuse.2\n\nIn developing the guidelines, the Secretary shall evaluate and consider, in addition to such other factors as may be appropriate to most effectively restore, protect and improve the quality of state waters: (i) specific practices and programs proposed in the Chesapeake Bay TMDL Watershed Implementation Plan, and the associated effectiveness and cost per pound of nutrients removed; (ii) water quality impairment or degradation caused by different types of nutrients released in different locations from different sources; and (iii) environmental benchmarks and indicators for achieving improved water quality. The process for development of guidelines pursuant to this subsection shall, at a minimum, include (a) use of an advisory committee composed of interested parties; (b) a 60-day public comment period on draft guidelines; (c) written responses to all comments received; and (d) notice of the availability of draft guidelines and final guidelines to all who request such notice.3\n\nIn addition to those the Secretary deems advisable to most effectively restore, protect and improve the quality of state waters, the criteria for prioritizing funding requests shall include: (i) the pounds of total nitrogen and the pounds of total phosphorus reduced by the project; (ii) whether the location of the water quality restoration, protection or improvement project or program is within a watershed or subwatershed with documented water nutrient loading problems or adopted nutrient reduction goals; (iii) documented water quality impairment; and (iv) the availability of other funding mechanisms. Notwithstanding the provisions of subsection E of § 10.1-2131, the Director of the Department of Environmental Quality may approve a local government point source grant application request for any single project that exceeds the authorized grant amount outlined in subsection E of § 10.1-2131. Whenever a local government applies for a grant that exceeds the authorized grant amount outlined in this chapter or when there is no stated limitation on the amount of the grant for which an application is made, the Directors and the Secretary shall consider the comparative revenue capacity, revenue efforts and fiscal stress as reported by the Commission on Local Government. The development or implementation of cooperative programs developed pursuant to subsection B of § 10.1-2127 shall be given a high priority in the distribution of Virginia Water Quality Improvement Grants from the moneys allocated to nonpoint source pollution.","order_by":null,"text":{"0":{"id":232753,"text":"If, in any fiscal year beginning on or after July 1, 2005, there are appropriations to the Fund in addition to those made pursuant to subsection A of \u00a7 10.1-2128, the Secretary of Natural and Historic Resources shall distribute those moneys in the Fund provided from the 10 percent of the annual general fund revenue collections that are in excess of the official estimates in the general appropriation act, and the 10 percent of any unrestricted and uncommitted general fund balance at the close of each fiscal year whose reappropriation is not required in the general appropriation act, as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":232754,"text":"Seventy percent of the moneys shall be distributed to the Department of Conservation and Recreation and shall be administered by it for the sole purpose of implementing projects or best management practices that reduce nitrogen and phosphorus nonpoint source pollution, with a priority given to agricultural best management practices. In no single year shall more than 60 percent of the moneys be used for projects or practices exclusively within the Chesapeake Bay watershed; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":232755,"text":"Thirty percent of the moneys shall be distributed to the Department of Environmental Quality, which shall use such moneys for making grants for the sole purpose of designing and installing nutrient removal technologies for publicly owned treatment works designated as significant dischargers or eligible nonsignificant dischargers. The moneys shall also be available for grants when the design and installation of nutrient removal technology utilizes the Public-Private Education Facilities and Infrastructure Act (§ 56-575.1 et seq.).","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":232756,"text":"Except as otherwise provided in the Appropriation Act, in any fiscal year when moneys are not appropriated to the Fund in addition to those specified in subsection A of § 10.1-2128, or when moneys appropriated to the Fund in addition to those specified in subsection A of § 10.1-2128 are less than 40 percent of those specified in subsection A of § 10.1-2128, the Secretary of Natural and Historic Resources, in consultation with the Secretary of Agriculture and Forestry, the State Forester, the Commissioner of Agriculture and Consumer Services, and the Directors of the Departments of Environmental Quality and Conservation and Recreation, and with the advice and guidance of the Board of Conservation and Recreation, the Virginia Soil and Water Conservation Board, and the State Water Control Board, and following a public comment period of at least 30 days and a public hearing, shall allocate those moneys deposited in the Fund, but excluding any moneys deposited into the Virginia Natural Resources Commitment Fund established pursuant to § 10.1-2128.1, between point and nonpoint sources, both of which shall receive moneys in each such year.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":232757,"text":"1. Except as may otherwise be specified in the general appropriation act, the Secretary of Natural and Historic Resources, in consultation with the Secretary of Agriculture and Forestry, the State Forester, the Commissioner of Agriculture and Consumer Services, the State Health Commissioner, and the Directors of the Departments of Environmental Quality and Conservation and Recreation, and with the advice and guidance of the Board of Conservation and Recreation, the Virginia Soil and Water Conservation Board, and the State Water Control Board, shall develop written guidelines that (i) specify eligibility requirements; (ii) govern the application for and the distribution and conditions of Water Quality Improvement Grants; (iii) list criteria for prioritizing funding requests; and (iv) define criteria and financial incentives for water reuse.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B2"},"5":{"id":232758,"text":"In developing the guidelines, the Secretary shall evaluate and consider, in addition to such other factors as may be appropriate to most effectively restore, protect and improve the quality of state waters: (i) specific practices and programs proposed in the Chesapeake Bay TMDL Watershed Implementation Plan, and the associated effectiveness and cost per pound of nutrients removed; (ii) water quality impairment or degradation caused by different types of nutrients released in different locations from different sources; and (iii) environmental benchmarks and indicators for achieving improved water quality. The process for development of guidelines pursuant to this subsection shall, at a minimum, include (a) use of an advisory committee composed of interested parties; (b) a 60-day public comment period on draft guidelines; (c) written responses to all comments received; and (d) notice of the availability of draft guidelines and final guidelines to all who request such notice.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"B3"},"6":{"id":232759,"text":"In addition to those the Secretary deems advisable to most effectively restore, protect and improve the quality of state waters, the criteria for prioritizing funding requests shall include: (i) the pounds of total nitrogen and the pounds of total phosphorus reduced by the project; (ii) whether the location of the water quality restoration, protection or improvement project or program is within a watershed or subwatershed with documented water nutrient loading problems or adopted nutrient reduction goals; (iii) documented water quality impairment; and (iv) the availability of other funding mechanisms. Notwithstanding the provisions of subsection E of § 10.1-2131, the Director of the Department of Environmental Quality may approve a local government point source grant application request for any single project that exceeds the authorized grant amount outlined in subsection E of § 10.1-2131. Whenever a local government applies for a grant that exceeds the authorized grant amount outlined in this chapter or when there is no stated limitation on the amount of the grant for which an application is made, the Directors and the Secretary shall consider the comparative revenue capacity, revenue efforts and fiscal stress as reported by the Commission on Local Government. The development or implementation of cooperative programs developed pursuant to subsection B of § 10.1-2127 shall be given a high priority in the distribution of Virginia Water Quality Improvement Grants from the moneys allocated to nonpoint source pollution.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-2129\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapters 21<\/a>, 625<\/a>, and 626<\/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 8 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 1999, chapter 509<\/a>; in 2005, chapters 41<\/a>, 704<\/a>, 707<\/a>, and 709<\/a>; in 2006, chapter 236<\/a>; in 2008, chapters 643<\/a> and 701<\/a>; in 2010, chapter 684<\/a>; in 2011, chapter 189<\/a>; in 2012, chapters 785<\/a> and 819<\/a>; in 2015, chapter 164<\/a>.<\/p>","references":[{"id":81333,"section_number":"10.1-2131","catch_line":"Point source pollution funding; conditions for approval","order_by":null,"url":"\/10.1-2131\/"},{"id":58075,"section_number":"10.1-2132","catch_line":"Nonpoint source pollution funding; conditions for approval","order_by":null,"url":"\/10.1-2132\/"}],"refers_to":[{"id":57849,"section_number":"10.1-2127","catch_line":"Nonpoint source pollution water quality assessment","order_by":null,"url":"\/10.1-2127\/"},{"id":84120,"section_number":"10.1-2128","catch_line":"Virginia Water Quality Improvement Fund established; purposes","order_by":null,"url":"\/10.1-2128\/"},{"id":59887,"section_number":"10.1-2128.1","catch_line":"Virginia Natural Resources Commitment Fund established","order_by":null,"url":"\/10.1-2128.1\/"},{"id":81333,"section_number":"10.1-2131","catch_line":"Point source pollution funding; conditions for approval","order_by":null,"url":"\/10.1-2131\/"},{"id":54549,"section_number":"56-575.1","catch_line":"Definitions","order_by":null,"url":"\/56-575.1\/"}],"permalink":{"id":146873,"object_type":"law","relational_id":63909,"identifier":"10.1-2129","token":"10.1\/II\/21.1\/4\/10.1-2129","url":"\/10.1-2129\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-2129\/","token":"10.1\/II\/21.1\/4\/10.1-2129","dublin_core":{"Title":"Agency coordination; conditions of grants","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-2129","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If, in any fiscal year beginning on or after July 1, 2005, there are appropriations to the Fund<\/span> in addition to those made pursuant to subsection A of \u00a7 10.1-2128<\/a>, the Secretary of Natural and Historic Resources shall distribute those moneys in the Fund<\/span> provided from the 10 percent of the annual general fund<\/span> revenue collections that are in excess of the official estimates in the general appropriation act, and the 10 percent of any unrestricted and uncommitted general fund<\/span> balance at the close of each fiscal year whose reappropriation is not required in the general appropriation act, as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Seventy percent of the moneys shall be distributed to the Department of Conservation and Recreation and shall be administered by it for the sole purpose of implementing projects or best management practices that reduce nitrogen and phosphorus nonpoint source pollution<\/span>, with a priority given to agricultural best management practices. In no single year shall more than 60 percent of the moneys be used for projects or practices exclusively within the Chesapeake Bay watershed; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Thirty percent of the moneys shall be distributed to the Department of Environmental Quality, which shall use such moneys for making grants for the sole purpose of designing and installing nutrient removal technologies for publicly owned treatment works<\/span> designated as significant dischargers<\/span> or eligible nonsignificant dischargers<\/span>. The moneys shall also be available for grants when the design and installation of nutrient removal technology<\/span> utilizes the Public-Private Education Facilities and Infrastructure Act (§ 56-575.1<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Except as otherwise provided in the Appropriation Act, in any fiscal year when moneys are not appropriated to the Fund<\/span> in addition to those specified in subsection A of § 10.1-2128<\/a>, or when moneys appropriated to the Fund<\/span> in addition to those specified in subsection A of § 10.1-2128<\/a> are less than 40 percent of those specified in subsection A of § 10.1-2128<\/a>, the Secretary of Natural and Historic Resources, in consultation with the Secretary of Agriculture and Forestry, the State Forester, the Commissioner of Agriculture and Consumer Services, and the Directors of the Departments of Environmental Quality and Conservation and Recreation, and with the advice and guidance of the Board of Conservation and Recreation, the Virginia Soil and Water Conservation Board, and the State Water Control Board, and following a public comment period of at least 30 days and a public hearing<\/span>, shall allocate those moneys deposited in the Fund<\/span>, but excluding any moneys deposited into the Virginia Natural Resources Commitment Fund<\/span> established pursuant to § 10.1-2128.1<\/a>, between point and nonpoint sources, both of which shall receive moneys in each such year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. Except as may otherwise be specified in the general appropriation act, the Secretary of Natural and Historic Resources, in consultation with the Secretary of Agriculture and Forestry, the State Forester, the Commissioner of Agriculture and Consumer Services, the State Health Commissioner, and the Directors of the Departments of Environmental Quality and Conservation and Recreation, and with the advice and guidance of the Board of Conservation and Recreation, the Virginia Soil and Water Conservation Board, and the State Water Control Board, shall develop written guidelines that (i) specify eligibility requirements; (ii) govern the application for and the distribution and conditions of Water Quality Improvement Grants<\/span>; (iii) list criteria for prioritizing funding requests; and (iv) define criteria and financial incentives for water reuse. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In developing the guidelines, the Secretary shall evaluate and consider, in addition to such other factors as may be appropriate to most effectively restore, protect and improve the quality of state waters<\/span>: (i) specific practices and programs proposed in the Chesapeake Bay TMDL Watershed Implementation Plan, and the associated effectiveness and cost per pound of nutrients removed; (ii) water quality impairment or degradation caused by different types of nutrients released in different locations from different sources; and (iii) environmental benchmarks and indicators for achieving improved water quality. The process for development of guidelines pursuant to this subsection shall, at a minimum, include (a) use of an advisory committee composed of interested parties; (b) a 60-day public comment period on draft guidelines; (c) written responses to all comments received; and (d) notice of the availability of draft guidelines and final guidelines to all who request such notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In addition to those the Secretary deems advisable to most effectively restore, protect and improve the quality of state waters<\/span>, the criteria for prioritizing funding requests shall include: (i) the pounds of total nitrogen and the pounds of total phosphorus reduced by the project; (ii) whether the location of the water quality restoration, protection or improvement project or program is within a watershed or subwatershed with documented water nutrient loading problems or adopted nutrient reduction goals; (iii) documented water quality impairment; and (iv) the availability of other funding mechanisms. Notwithstanding the provisions of subsection E of § 10.1-2131<\/a>, the Director of the Department of Environmental Quality may approve a local government<\/span> point source grant application request for any single project that exceeds the authorized grant amount outlined in subsection E of § 10.1-2131<\/a>. Whenever a local government<\/span> applies for a grant that exceeds the authorized grant amount outlined in this chapter or when there is no stated limitation on the amount of the grant for which an application is made, the Directors and the Secretary shall consider the comparative revenue capacity, revenue efforts and fiscal stress as reported by the Commission on Local Government<\/span>. The development or implementation of cooperative programs developed pursuant to subsection B of § 10.1-2127<\/a> shall be given a high priority in the distribution of Virginia Water Quality Improvement Grants<\/span> from the moneys allocated to nonpoint source pollution<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAGENCY COORDINATION; CONDITIONS OF GRANTS (\u00a7 10.1-2129)\n\nA. If, in any fiscal year beginning on or after July 1, 2005, there are\nappropriations to the Fund in addition to those made pursuant to subsection A of\n\u00a7 10.1-2128, the Secretary of Natural and Historic Resources shall distribute\nthose moneys in the Fund provided from the 10 percent of the annual general fund\nrevenue collections that are in excess of the official estimates in the general\nappropriation act, and the 10 percent of any unrestricted and uncommitted\ngeneral fund balance at the close of each fiscal year whose reappropriation is\nnot required in the general appropriation act, as follows:\n\n 1. Seventy percent of the moneys shall be distributed to the Department of\n Conservation and Recreation and shall be administered by it for the sole\n purpose of implementing projects or best management practices that reduce\n nitrogen and phosphorus nonpoint source pollution, with a priority given to\n agricultural best management practices. In no single year shall more than 60\n percent of the moneys be used for projects or practices exclusively within the\n Chesapeake Bay watershed; and\n\n 2. Thirty percent of the moneys shall be distributed to the Department of\n Environmental Quality, which shall use such moneys for making grants for the\n sole purpose of designing and installing nutrient removal technologies for\n publicly owned treatment works designated as significant dischargers or\n eligible nonsignificant dischargers. The moneys shall also be available for\n grants when the design and installation of nutrient removal technology\n utilizes the Public-Private Education Facilities and Infrastructure Act\n (§ 56-575.1 et seq.).\n\n 3. Except as otherwise provided in the Appropriation Act, in any fiscal year\n when moneys are not appropriated to the Fund in addition to those specified in\n subsection A of § 10.1-2128, or when moneys appropriated to the Fund in\n addition to those specified in subsection A of § 10.1-2128 are less than\n 40 percent of those specified in subsection A of § 10.1-2128, the\n Secretary of Natural and Historic Resources, in consultation with the\n Secretary of Agriculture and Forestry, the State Forester, the Commissioner of\n Agriculture and Consumer Services, and the Directors of the Departments of\n Environmental Quality and Conservation and Recreation, and with the advice and\n guidance of the Board of Conservation and Recreation, the Virginia Soil and\n Water Conservation Board, and the State Water Control Board, and following a\n public comment period of at least 30 days and a public hearing, shall allocate\n those moneys deposited in the Fund, but excluding any moneys deposited into\n the Virginia Natural Resources Commitment Fund established pursuant to §\n 10.1-2128.1, between point and nonpoint sources, both of which shall receive\n moneys in each such year.\n\nB. 1. Except as may otherwise be specified in the general appropriation act, the\nSecretary of Natural and Historic Resources, in consultation with the Secretary\nof Agriculture and Forestry, the State Forester, the Commissioner of Agriculture\nand Consumer Services, the State Health Commissioner, and the Directors of the\nDepartments of Environmental Quality and Conservation and Recreation, and with\nthe advice and guidance of the Board of Conservation and Recreation, the\nVirginia Soil and Water Conservation Board, and the State Water Control Board,\nshall develop written guidelines that (i) specify eligibility requirements; (ii)\ngovern the application for and the distribution and conditions of Water Quality\nImprovement Grants; (iii) list criteria for prioritizing funding requests; and\n(iv) define criteria and financial incentives for water reuse.\n\n 2. In developing the guidelines, the Secretary shall evaluate and consider, in\n addition to such other factors as may be appropriate to most effectively\n restore, protect and improve the quality of state waters: (i) specific\n practices and programs proposed in the Chesapeake Bay TMDL Watershed\n Implementation Plan, and the associated effectiveness and cost per pound of\n nutrients removed; (ii) water quality impairment or degradation caused by\n different types of nutrients released in different locations from different\n sources; and (iii) environmental benchmarks and indicators for achieving\n improved water quality. The process for development of guidelines pursuant to\n this subsection shall, at a minimum, include (a) use of an advisory committee\n composed of interested parties; (b) a 60-day public comment period on draft\n guidelines; (c) written responses to all comments received; and (d) notice of\n the availability of draft guidelines and final guidelines to all who request\n such notice.\n\n 3. In addition to those the Secretary deems advisable to most effectively\n restore, protect and improve the quality of state waters, the criteria for\n prioritizing funding requests shall include: (i) the pounds of total nitrogen\n and the pounds of total phosphorus reduced by the project; (ii) whether the\n location of the water quality restoration, protection or improvement project\n or program is within a watershed or subwatershed with documented water\n nutrient loading problems or adopted nutrient reduction goals; (iii)\n documented water quality impairment; and (iv) the availability of other\n funding mechanisms. Notwithstanding the provisions of subsection E of §\n 10.1-2131, the Director of the Department of Environmental Quality may approve\n a local government point source grant application request for any single\n project that exceeds the authorized grant amount outlined in subsection E of\n § 10.1-2131. Whenever a local government applies for a grant that exceeds\n the authorized grant amount outlined in this chapter or when there is no\n stated limitation on the amount of the grant for which an application is made,\n the Directors and the Secretary shall consider the comparative revenue\n capacity, revenue efforts and fiscal stress as reported by the Commission on\n Local Government. The development or implementation of cooperative programs\n developed pursuant to subsection B of § 10.1-2127 shall be given a high\n priority in the distribution of Virginia Water Quality Improvement Grants from\n the moneys allocated to nonpoint source pollution.\n\nHISTORY: 1997, cc. 21, 625, 626; 1999, c. 509; 2005, cc. 41, 704, 707, 709;\n2006, c. 236; 2008, cc. 643, 701; 2010, c. 684; 2011, c. 189; 2012, cc. 785,\n819; 2015, c. 164; 2021, Sp. Sess. I, c. 401.","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}}