{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-1124.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-1124.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-1124.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-1124.html"}],"law_id":57884,"edition_id":1,"section_id":57884,"structure_id":14301,"section_number":"2.2-1124","catch_line":"Disposition of surplus materials","history":"1996, cc. 935, 978, \u00a7 2.1-457.2; 1999, cc. 159, 578, 629, 911; 2000, cc. 615, 636, 661; 2001, c. 844; 2004, c. 670; 2005, cc. 933, 945; 2006, cc. 468, 493; 2007, c. 701; 2009, c. 75; 2012, cc. 476, 507, 805, 836; 2014, c. 226; 2016, cc. 298, 400; 2019, c. 425; 2020, cc. 43, 358; 2024, c. 47.","full_text":"A\n\nFor purposes of this section, “surplus materials” means personal property, including materials, supplies, equipment, and recyclable items, but does not include property as defined in § 2.2-1147 that is determined to be surplus. “Surplus materials” does not include finished products that a state hospital or training center operated by the Department of Behavioral Health and Developmental Services sells for the benefit of individuals receiving services in the state hospital or training center, provided that (i) most of the supplies, equipment, or products have been donated to the state hospital or training center; (ii) the individuals in the state hospital or training center have substantially altered the supplies, equipment, or products in the course of occupational or other therapy; and (iii) the substantial alterations have resulted in a finished product.B\n\nThe Department shall establish procedures for the disposition of surplus materials from departments, divisions, institutions, and agencies of the Commonwealth. Such procedures shall:1\n\nPermit surplus materials to be transferred between or sold to departments, divisions, institutions, or agencies of the Commonwealth;2\n\nPermit surplus materials to be sold to Virginia charitable corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and operating as clinics for the indigent and uninsured that are organized for the delivery of primary health care services (i) as federally qualified health centers designated by the Health Care Financing Administration or (ii) at a reduced or sliding fee scale or without charge;3\n\nPermit public sales or auctions, including online public auctions;4\n\nPermit surplus motor vehicles to be sold prior to public sale or auction to local social service departments for the purpose of resale at cost to TANF recipients;5\n\nPermit surplus materials to be sold to Virginia charitable corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and operating as children’s homes;6\n\nPermit donations to political subdivisions of the Commonwealth under the circumstances specified in this section;7\n\nPermit other methods of disposal when (a) the cost of the sale will exceed the potential revenue to be derived therefrom or (b) the surplus material is not suitable for sale;8\n\nPermit any animal especially trained for police work to be sold at a price of $1 to the handler who last was in control of the animal. The agency or institution may allow the immediate survivor of any full-time sworn law-enforcement officer who (i) is killed in the line of duty or (ii) dies in service and has at least 10 years of service to purchase the service animal at a price of $1. Any such sale shall not be deemed a violation of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.);9\n\nPermit the transfer of surplus clothing to an appropriate department, division, institution, or agency of the Commonwealth for distribution to needy individuals by and through local social services boards;10\n\nEncourage the recycling of paper products, beverage containers, electronics, and used motor oil;11\n\nRequire the proceeds from any sale or recycling of surplus materials be promptly deposited into the state treasury in accordance with § 2.2-1802 and report the deposit to the State Comptroller;12\n\nPermit donations of surplus computers and related equipment to:\n\t\t\t\ta. Public schools in the Commonwealth;\n\t\t\t\tb. Virginia charitable corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and providing services to persons with disabilities, at-risk youths, or low-income families. For the purposes of this subdivision, “at-risk youths” means school-age children approved eligible to receive free or reduced price meals in the federally funded lunch program; and\n\t\t\t\tc. Organizations in the Commonwealth granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code that refurbish computers and related equipment for donation to veterans and active military, naval, or air service members, as defined in § 2.2-2000.1. Any donation to an organization under this subdivision shall be conditioned upon, and in consideration of, the organization’s promise to refurbish the donated equipment and distribute it free of charge to such veterans or active military, naval, or air service members.13\n\nPermit surplus materials to be transferred or sold, prior to public sale or auction, to public television stations located in the state and other nonprofit organizations approved for the distribution of federal surplus materials;14\n\nPermit a public institution of higher education to dispose of its surplus materials at the location where the surplus materials are held and to retain any proceeds from such disposal, provided that the institution meets the conditions prescribed in subsection A of § 23.1-1002 and § 23.1-1019 (regardless of whether or not the institution has been granted any authority under Article 4 (§ 23.1-1004 et seq.) of Chapter 10 of Title 23.1);15\n\nPermit surplus materials from (i) the Department of Defense Excess Property Program or (ii) other surplus property programs administered by the Commonwealth to be transferred or sold to Virginia charitable corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and operating as an educational institution devoted to emergency management training, preparedness, and response;16\n\nRequire, to the extent practicable, the recycling and disposal of computers and other information technology assets, including the option to enter into an agreement with a purchasing vendor to buy back or trade in any technological equipment. Additionally, for computers or information technology assets that may contain confidential state data or personal identifying information of citizens of the Commonwealth, the Department shall ensure all policies for the transfer or other disposition of computers or information technology assets are consistent with data and information security policies developed by the Virginia Information Technologies Agency; and17\n\nPermit surplus materials to be sold, prior to public sale or auction, to (i) service disabled veteran-owned businesses, (ii) veterans service organizations, (iii) active military-owned businesses, and (iv) military spouse-owned businesses.\n\t\t\t\tFor purposes of this subdivision:\n\t\t\t\t“Active military” means military service members who perform full-time duty in the Armed Forces of the United States, or a reserve component thereof, including the National Guard.\n\t\t\t\t“Military spouse” means a person whose spouse is an active military, naval, or air service member or veteran as those terms are defined in § 2.2-2000.1.\n\t\t\t\t“Military spouse-owned business” means a business concern that is at least 51 percent owned by one or more military spouses or, in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are military spouses and both the management and daily business operations are controlled by one or more individuals who are military spouses.\n\t\t\t\t“Service disabled veteran” means the same as that term is defined in § 2.2-2000.1.\n\t\t\t\t“Service disabled veteran-owned business” means the same as that term is defined in § 2.2-2000.1.\n\t\t\t\t“Veterans service organization” means an association or other entity organized for the benefit of veterans that has been recognized by the U.S. Department of Veterans Affairs or chartered by Congress.C\n\nThe Department shall dispose of surplus materials pursuant to the procedures established in subsection B or permit any department, division, institution, or agency of the Commonwealth to dispose of its surplus materials consistent with the procedures so established. No surplus materials shall be disposed of without prior consent of the head of the department, division, institution, or agency of the Commonwealth in possession of such surplus materials or the Governor.D\n\nDepartments, divisions, institutions, or agencies of the Commonwealth or the Governor may donate surplus materials only under the following circumstances:1\n\nEmergencies declared in accordance with § 44-146.18:2 or 44-146.28;2\n\nAs set forth in the budget bill as defined by § 2.2-1509, provided that (a) the budget bill contains a description of the surplus materials, the method by which the surplus materials shall be distributed, and the anticipated recipients, and (b) such information shall be provided by the Department to the Department of Planning and Budget in sufficient time for inclusion in the budget bill;3\n\nWhen the market value of the surplus materials, which shall be donated for a public purpose, is less than $500; however, the total market value of all surplus materials so donated by any department, division, institution, or agency shall not exceed 25 percent of the revenue generated by such department’s, division’s, institution’s, or agency’s sale of surplus materials in the fiscal year, except these limits shall not apply in the case of surplus computer equipment and related items donated to Virginia public schools; or4\n\nDuring a local emergency, upon written request of the head of a local government or a political subdivision in the Commonwealth to the head of a department, division, institution, or agency.E\n\nOn or before October 1 of each year, the Department shall prepare, and file with the Secretary of the Commonwealth, a plan that describes the expected disposition of surplus materials in the upcoming fiscal year pursuant to subdivision B 6.F\n\nThe Department may make available to any local public body of the Commonwealth the services or facilities authorized by this section; however, the furnishing of any such services shall not limit or impair any services normally rendered any department, division, institution, or agency of the Commonwealth. All public bodies shall be authorized to use the services of the Department’s Surplus Property Program under the guidelines established pursuant to this section and the surplus property policies and procedures of the Department. Proceeds from the sale of the surplus property shall be returned to the local body minus a service fee. The service fee charged by the Department shall be consistent with the fee charged by the Department to state public bodies.","order_by":null,"text":{"0":{"id":212028,"text":"For purposes of this section, “surplus materials” means personal property, including materials, supplies, equipment, and recyclable items, but does not include property as defined in § 2.2-1147 that is determined to be surplus. “Surplus materials” does not include finished products that a state hospital or training center operated by the Department of Behavioral Health and Developmental Services sells for the benefit of individuals receiving services in the state hospital or training center, provided that (i) most of the supplies, equipment, or products have been donated to the state hospital or training center; (ii) the individuals in the state hospital or training center have substantially altered the supplies, equipment, or products in the course of occupational or other therapy; and (iii) the substantial alterations have resulted in a finished product.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":212029,"text":"The Department shall establish procedures for the disposition of surplus materials from departments, divisions, institutions, and agencies of the Commonwealth. Such procedures shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":212030,"text":"Permit surplus materials to be transferred between or sold to departments, divisions, institutions, or agencies of the Commonwealth;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":212031,"text":"Permit surplus materials to be sold to Virginia charitable corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and operating as clinics for the indigent and uninsured that are organized for the delivery of primary health care services (i) as federally qualified health centers designated by the Health Care Financing Administration or (ii) at a reduced or sliding fee scale or without charge;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":212032,"text":"Permit public sales or auctions, including online public auctions;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":212033,"text":"Permit surplus motor vehicles to be sold prior to public sale or auction to local social service departments for the purpose of resale at cost to TANF recipients;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":212034,"text":"Permit surplus materials to be sold to Virginia charitable corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and operating as children’s homes;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":212035,"text":"Permit donations to political subdivisions of the Commonwealth under the circumstances specified in this section;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":212036,"text":"Permit other methods of disposal when (a) the cost of the sale will exceed the potential revenue to be derived therefrom or (b) the surplus material is not suitable for sale;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":212037,"text":"Permit any animal especially trained for police work to be sold at a price of $1 to the handler who last was in control of the animal. The agency or institution may allow the immediate survivor of any full-time sworn law-enforcement officer who (i) is killed in the line of duty or (ii) dies in service and has at least 10 years of service to purchase the service animal at a price of $1. Any such sale shall not be deemed a violation of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.);","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":212038,"text":"Permit the transfer of surplus clothing to an appropriate department, division, institution, or agency of the Commonwealth for distribution to needy individuals by and through local social services boards;","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":212039,"text":"Encourage the recycling of paper products, beverage containers, electronics, and used motor oil;","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"12":{"id":212040,"text":"Require the proceeds from any sale or recycling of surplus materials be promptly deposited into the state treasury in accordance with § 2.2-1802 and report the deposit to the State Comptroller;","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"B12"},"13":{"id":212041,"text":"Permit donations of surplus computers and related equipment to:\n\t\t\t\ta. Public schools in the Commonwealth;\n\t\t\t\tb. Virginia charitable corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and providing services to persons with disabilities, at-risk youths, or low-income families. For the purposes of this subdivision, “at-risk youths” means school-age children approved eligible to receive free or reduced price meals in the federally funded lunch program; and\n\t\t\t\tc. Organizations in the Commonwealth granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code that refurbish computers and related equipment for donation to veterans and active military, naval, or air service members, as defined in § 2.2-2000.1. Any donation to an organization under this subdivision shall be conditioned upon, and in consideration of, the organization’s promise to refurbish the donated equipment and distribute it free of charge to such veterans or active military, naval, or air service members.","type":"section","prefixes":["B","12"],"prefix":"12","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"B13"},"14":{"id":212042,"text":"Permit surplus materials to be transferred or sold, prior to public sale or auction, to public television stations located in the state and other nonprofit organizations approved for the distribution of federal surplus materials;","type":"section","prefixes":["B","13"],"prefix":"13","entire_prefix":"B13","prefix_anchor":"B13","level":2,"prior_prefix":"B12","next_prefix":"B14"},"15":{"id":212043,"text":"Permit a public institution of higher education to dispose of its surplus materials at the location where the surplus materials are held and to retain any proceeds from such disposal, provided that the institution meets the conditions prescribed in subsection A of § 23.1-1002 and § 23.1-1019 (regardless of whether or not the institution has been granted any authority under Article 4 (§ 23.1-1004 et seq.) of Chapter 10 of Title 23.1);","type":"section","prefixes":["B","14"],"prefix":"14","entire_prefix":"B14","prefix_anchor":"B14","level":2,"prior_prefix":"B13","next_prefix":"B15"},"16":{"id":212044,"text":"Permit surplus materials from (i) the Department of Defense Excess Property Program or (ii) other surplus property programs administered by the Commonwealth to be transferred or sold to Virginia charitable corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and operating as an educational institution devoted to emergency management training, preparedness, and response;","type":"section","prefixes":["B","15"],"prefix":"15","entire_prefix":"B15","prefix_anchor":"B15","level":2,"prior_prefix":"B14","next_prefix":"B16"},"17":{"id":212045,"text":"Require, to the extent practicable, the recycling and disposal of computers and other information technology assets, including the option to enter into an agreement with a purchasing vendor to buy back or trade in any technological equipment. Additionally, for computers or information technology assets that may contain confidential state data or personal identifying information of citizens of the Commonwealth, the Department shall ensure all policies for the transfer or other disposition of computers or information technology assets are consistent with data and information security policies developed by the Virginia Information Technologies Agency; and","type":"section","prefixes":["B","16"],"prefix":"16","entire_prefix":"B16","prefix_anchor":"B16","level":2,"prior_prefix":"B15","next_prefix":"B17"},"18":{"id":212046,"text":"Permit surplus materials to be sold, prior to public sale or auction, to (i) service disabled veteran-owned businesses, (ii) veterans service organizations, (iii) active military-owned businesses, and (iv) military spouse-owned businesses.\n\t\t\t\tFor purposes of this subdivision:\n\t\t\t\t“Active military” means military service members who perform full-time duty in the Armed Forces of the United States, or a reserve component thereof, including the National Guard.\n\t\t\t\t“Military spouse” means a person whose spouse is an active military, naval, or air service member or veteran as those terms are defined in § 2.2-2000.1.\n\t\t\t\t“Military spouse-owned business” means a business concern that is at least 51 percent owned by one or more military spouses or, in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are military spouses and both the management and daily business operations are controlled by one or more individuals who are military spouses.\n\t\t\t\t“Service disabled veteran” means the same as that term is defined in § 2.2-2000.1.\n\t\t\t\t“Service disabled veteran-owned business” means the same as that term is defined in § 2.2-2000.1.\n\t\t\t\t“Veterans service organization” means an association or other entity organized for the benefit of veterans that has been recognized by the U.S. Department of Veterans Affairs or chartered by Congress.","type":"section","prefixes":["B","17"],"prefix":"17","entire_prefix":"B17","prefix_anchor":"B17","level":2,"prior_prefix":"B16","next_prefix":"C"},"19":{"id":212047,"text":"The Department shall dispose of surplus materials pursuant to the procedures established in subsection B or permit any department, division, institution, or agency of the Commonwealth to dispose of its surplus materials consistent with the procedures so established. No surplus materials shall be disposed of without prior consent of the head of the department, division, institution, or agency of the Commonwealth in possession of such surplus materials or the Governor.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B17","next_prefix":"D"},"20":{"id":212048,"text":"Departments, divisions, institutions, or agencies of the Commonwealth or the Governor may donate surplus materials only under the following circumstances:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"21":{"id":212049,"text":"Emergencies declared in accordance with § 44-146.18:2 or 44-146.28;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"22":{"id":212050,"text":"As set forth in the budget bill as defined by § 2.2-1509, provided that (a) the budget bill contains a description of the surplus materials, the method by which the surplus materials shall be distributed, and the anticipated recipients, and (b) such information shall be provided by the Department to the Department of Planning and Budget in sufficient time for inclusion in the budget bill;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"23":{"id":212051,"text":"When the market value of the surplus materials, which shall be donated for a public purpose, is less than $500; however, the total market value of all surplus materials so donated by any department, division, institution, or agency shall not exceed 25 percent of the revenue generated by such department’s, division’s, institution’s, or agency’s sale of surplus materials in the fiscal year, except these limits shall not apply in the case of surplus computer equipment and related items donated to Virginia public schools; or","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"24":{"id":212052,"text":"During a local emergency, upon written request of the head of a local government or a political subdivision in the Commonwealth to the head of a department, division, institution, or agency.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"E"},"25":{"id":212053,"text":"On or before October 1 of each year, the Department shall prepare, and file with the Secretary of the Commonwealth, a plan that describes the expected disposition of surplus materials in the upcoming fiscal year pursuant to subdivision B 6.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D4","next_prefix":"F"},"26":{"id":212054,"text":"The Department may make available to any local public body of the Commonwealth the services or facilities authorized by this section; however, the furnishing of any such services shall not limit or impair any services normally rendered any department, division, institution, or agency of the Commonwealth. All public bodies shall be authorized to use the services of the Department’s Surplus Property Program under the guidelines established pursuant to this section and the surplus property policies and procedures of the Department. Proceeds from the sale of the surplus property shall be returned to the local body minus a service fee. The service fee charged by the Department shall be consistent with the fee charged by the Department to state public bodies.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14301,"edition_id":1,"name":"Division of Purchases and Supply","identifier":"3","label":"article","depth":5,"order_by":1,"parent_id":13186,"metadata":{},"date_created":"2026-06-26 03:47:39","date_modified":"2026-06-26 03:47:39","permalink":{"id":172503,"object_type":"structure","relational_id":14301,"identifier":"3","token":"2.2\/I\/C\/11\/3","url":"\/2.2\/I\/C\/11\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13186,"edition_id":1,"name":"Department of General Services","identifier":"11","label":"chapter","depth":4,"order_by":1,"parent_id":13092,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":172461,"object_type":"structure","relational_id":13186,"identifier":"11","token":"2.2\/I\/C\/11","url":"\/2.2\/I\/C\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13092,"edition_id":1,"name":"State Agencies Related to the General Operation of Government","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":172453,"object_type":"structure","relational_id":13092,"identifier":"C","token":"2.2\/I\/C","url":"\/2.2\/I\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","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":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60312,"structure_id":14301,"section_number":"2.2-1109","catch_line":"Division of Purchases and Supply established","url":"\/2.2-1109\/","token":"2.2\/I\/C\/11\/3\/2.2-1109","metadata":false},{"id":55634,"structure_id":14301,"section_number":"2.2-1110","catch_line":"Using agencies to purchase through Division of Purchases and Supply; exception","url":"\/2.2-1110\/","token":"2.2\/I\/C\/11\/3\/2.2-1110","metadata":false},{"id":63333,"structure_id":14301,"section_number":"2.2-1111","catch_line":"Purchases to be made in accordance with the Virginia Public Procurement Act (\u00a7 2.2-4300 et seq.) and regulations of Division; exempt purchases","url":"\/2.2-1111\/","token":"2.2\/I\/C\/11\/3\/2.2-1111","metadata":false},{"id":81448,"structure_id":14301,"section_number":"2.2-1112","catch_line":"Standardization of materials, equipment and supplies","url":"\/2.2-1112\/","token":"2.2\/I\/C\/11\/3\/2.2-1112","metadata":false},{"id":80719,"structure_id":14301,"section_number":"2.2-1113","catch_line":"Printing management coordination; uniform standards for state forms","url":"\/2.2-1113\/","token":"2.2\/I\/C\/11\/3\/2.2-1113","metadata":false},{"id":56222,"structure_id":14301,"section_number":"2.2-1114","catch_line":"Regulations as to estimates and requisitions; submission of estimates","url":"\/2.2-1114\/","token":"2.2\/I\/C\/11\/3\/2.2-1114","metadata":false},{"id":58693,"structure_id":14301,"section_number":"2.2-1115","catch_line":"Execution of contracts; payment for purchases; violations","url":"\/2.2-1115\/","token":"2.2\/I\/C\/11\/3\/2.2-1115","metadata":false},{"id":84139,"structure_id":14301,"section_number":"2.2-1115.1","catch_line":"Standard vendor accounting information","url":"\/2.2-1115.1\/","token":"2.2\/I\/C\/11\/3\/2.2-1115.1","metadata":false},{"id":71636,"structure_id":14301,"section_number":"2.2-1116","catch_line":"Purchase of products and services of state correctional facilities","url":"\/2.2-1116\/","token":"2.2\/I\/C\/11\/3\/2.2-1116","metadata":false},{"id":55575,"structure_id":14301,"section_number":"2.2-1117","catch_line":"Purchases from Department for the Blind and Vision Impaired; violation","url":"\/2.2-1117\/","token":"2.2\/I\/C\/11\/3\/2.2-1117","metadata":false},{"id":66935,"structure_id":14301,"section_number":"2.2-1118","catch_line":"Purchases from employment services organizations of Virginia serving individuals with disabilities","url":"\/2.2-1118\/","token":"2.2\/I\/C\/11\/3\/2.2-1118","metadata":false},{"id":83317,"structure_id":14301,"section_number":"2.2-1119","catch_line":"Cases in which purchasing through Division not mandatory","url":"\/2.2-1119\/","token":"2.2\/I\/C\/11\/3\/2.2-1119","metadata":false},{"id":64997,"structure_id":14301,"section_number":"2.2-1120","catch_line":"Direct purchases by using agencies and certain charitable corporations and private nonprofit institutions of higher education","url":"\/2.2-1120\/","token":"2.2\/I\/C\/11\/3\/2.2-1120","metadata":false},{"id":68381,"structure_id":14301,"section_number":"2.2-1121","catch_line":"Repealed","url":"\/2.2-1121\/","token":"2.2\/I\/C\/11\/3\/2.2-1121","metadata":false},{"id":71020,"structure_id":14301,"section_number":"2.2-1122","catch_line":"Aid and cooperation of Division may be sought by any public body or public broadcasting station in making purchases; use of facilities of Virginia Distribution Center; services to certain volunteer organizations","url":"\/2.2-1122\/","token":"2.2\/I\/C\/11\/3\/2.2-1122","metadata":false},{"id":76429,"structure_id":14301,"section_number":"2.2-1123","catch_line":"Acquisition of surplus materials from the United States government","url":"\/2.2-1123\/","token":"2.2\/I\/C\/11\/3\/2.2-1123","metadata":false},{"id":57884,"structure_id":14301,"section_number":"2.2-1124","catch_line":"Disposition of surplus materials","url":"\/2.2-1124\/","token":"2.2\/I\/C\/11\/3\/2.2-1124","metadata":false},{"id":62893,"structure_id":14301,"section_number":"2.2-1125","catch_line":"Proceeds from the sale or recycling of surplus materials","url":"\/2.2-1125\/","token":"2.2\/I\/C\/11\/3\/2.2-1125","metadata":false},{"id":79047,"structure_id":14301,"section_number":"2.2-1126","catch_line":"Repealed","url":"\/2.2-1126\/","token":"2.2\/I\/C\/11\/3\/2.2-1126","metadata":false},{"id":72115,"structure_id":14301,"section_number":"2.2-1128","catch_line":"Sale of state flag","url":"\/2.2-1128\/","token":"2.2\/I\/C\/11\/3\/2.2-1128","metadata":false}],"previous_section":{"id":76429,"structure_id":14301,"section_number":"2.2-1123","catch_line":"Acquisition of surplus materials from the United States government","url":"\/2.2-1123\/","token":"2.2\/I\/C\/11\/3\/2.2-1123","metadata":false},"next_section":{"id":62893,"structure_id":14301,"section_number":"2.2-1125","catch_line":"Proceeds from the sale or recycling of surplus materials","url":"\/2.2-1125\/","token":"2.2\/I\/C\/11\/3\/2.2-1125","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-1124\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapters 935<\/a> and 978<\/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 14 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, chapters 159<\/a>, 578<\/a>, 629<\/a>, and 911<\/a>; in 2000, chapters 615<\/a>, 636<\/a>, and 661<\/a>; in 2001, chapter 844<\/a>; in 2004, chapter 670<\/a>; in 2005, chapters 933<\/a> and 945<\/a>; in 2006, chapters 468<\/a> and 493<\/a>; in 2007, chapter 701<\/a>; in 2009, chapter 75<\/a>; in 2012, chapters 476<\/a>, 507<\/a>, 805<\/a>, and 836<\/a>; in 2014, chapter 226<\/a>; in 2016, chapters 298<\/a> and 400<\/a>; in 2019, chapter 425<\/a>; in 2020, chapters 43<\/a> and 358<\/a>; in 2024, chapter 47<\/a>.<\/p>","references":[{"id":82496,"section_number":"15.2-951","catch_line":"Acquisition, disposition and use of personal property by localities generally","order_by":null,"url":"\/15.2-951\/"},{"id":62893,"section_number":"2.2-1125","catch_line":"Proceeds from the sale or recycling of surplus materials","order_by":null,"url":"\/2.2-1125\/"},{"id":68835,"section_number":"2.2-2215","catch_line":"Powers not restrictive; exemptions from Public Procurement Act and the Virginia Personnel Act","order_by":null,"url":"\/2.2-2215\/"},{"id":66511,"section_number":"23.1-1002","catch_line":"Eligibility for restructured financial and administrative operational authority and financial benefits","order_by":null,"url":"\/23.1-1002\/"},{"id":84894,"section_number":"4.1-101.010","catch_line":"Exemption of Authority from personnel and procurement procedures; information systems; etc","order_by":null,"url":"\/4.1-101.010\/"},{"id":63513,"section_number":"4.1-617","catch_line":"Exemption of Authority from personnel and procurement procedures; information systems; etc","order_by":null,"url":"\/4.1-617\/"},{"id":85119,"section_number":"51.5-126","catch_line":"Donation of equipment","order_by":null,"url":"\/51.5-126\/"},{"id":70387,"section_number":"51.5-67","catch_line":"Donation of equipment","order_by":null,"url":"\/51.5-67\/"},{"id":68855,"section_number":"53.1-53","catch_line":"Transfer or sale of by-products of manufacturing processes","order_by":null,"url":"\/53.1-53\/"},{"id":64542,"section_number":"62.1-132.6","catch_line":"Powers not restrictive; exemptions from Public Procurement Act and the Virginia Personnel Act","order_by":null,"url":"\/62.1-132.6\/"},{"id":72928,"section_number":"63.2-611","catch_line":"Case management; support services; transitional support services","order_by":null,"url":"\/63.2-611\/"}],"refers_to":[{"id":68138,"section_number":"2.2-1147","catch_line":"Definitions","order_by":null,"url":"\/2.2-1147\/"},{"id":59447,"section_number":"2.2-1509","catch_line":"Budget Bill","order_by":null,"url":"\/2.2-1509\/"},{"id":70133,"section_number":"2.2-1802","catch_line":"Payment of state funds into state treasury; deposits in state depositories; credit of fund not paid into general fund; exceptions as to endowments and gifts to institutions; appropriations by federal government","order_by":null,"url":"\/2.2-1802\/"},{"id":72596,"section_number":"2.2-2000.1","catch_line":"Definitions","order_by":null,"url":"\/2.2-2000.1\/"},{"id":71618,"section_number":"2.2-3100","catch_line":"Policy; application; construction","order_by":null,"url":"\/2.2-3100\/"},{"id":66511,"section_number":"23.1-1002","catch_line":"Eligibility for restructured financial and administrative operational authority and financial benefits","order_by":null,"url":"\/23.1-1002\/"},{"id":72164,"section_number":"23.1-1004","catch_line":"Management agreement; eligibility and application","order_by":null,"url":"\/23.1-1004\/"},{"id":68739,"section_number":"23.1-1019","catch_line":"Covered institutions; operational authority; property, grants, and loans","order_by":null,"url":"\/23.1-1019\/"},{"id":71648,"section_number":"44-146.18:2","catch_line":"Authority of Coordinator of Emergency Management in undeclared emergency","order_by":null,"url":"\/44-146.18_2\/"},{"id":75418,"section_number":"44-146.28","catch_line":"Authority of Governor and agencies under his control in declared state of emergency","order_by":null,"url":"\/44-146.28\/"}],"permalink":{"id":172569,"object_type":"law","relational_id":57884,"identifier":"2.2-1124","token":"2.2\/I\/C\/11\/3\/2.2-1124","url":"\/2.2-1124\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-1124\/","token":"2.2\/I\/C\/11\/3\/2.2-1124","dublin_core":{"Title":"Disposition of surplus materials","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-1124","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section, “surplus materials<\/span>” means personal property, including materials, supplies, equipment, and recyclable items, but does not include property as defined in § 2.2-1147<\/a> that is determined to be surplus. “Surplus materials<\/span>” does not include finished products that a state hospital or training center operated by the Department of Behavioral Health and Developmental Services sells for the benefit of individuals receiving services in the state hospital or training center, provided that (i) most of the supplies, equipment, or products have been donated to the state hospital or training center; (ii) the individuals in the state hospital or training center have substantially altered the supplies, equipment, or products in the course of occupational or other therapy; and (iii) the substantial alterations have resulted in a finished product. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department shall establish procedures for the disposition<\/span> of surplus materials<\/span> from departments, divisions, institutions, and agencies of the Commonwealth. Such procedures shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Permit surplus materials<\/span> to be transferred between or sold to departments, divisions, institutions, or agencies of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Permit surplus materials<\/span> to be sold to Virginia charitable corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and operating as clinics for the indigent<\/span> and uninsured that are organized for the delivery of primary health care services (i) as federally qualified health centers designated by the Health Care Financing Administration or (ii) at a reduced or sliding fee scale or without charge; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Permit public sales or auctions, including online public auctions; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Permit surplus motor vehicles to be sold prior to public sale or auction to local social service departments for the purpose of resale at cost to TANF recipients; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Permit surplus materials<\/span> to be sold to Virginia charitable corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and operating as children’s homes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Permit donations to political subdivisions of the Commonwealth under the circumstances specified in this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Permit other methods of disposal when (a) the cost of the sale will exceed the potential revenue to be derived therefrom or (b) the surplus material<\/span> is not suitable for sale; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Permit any animal especially trained for police work to be sold at a price of $1 to the handler who last was in control of the animal. The agency or institution may allow the immediate survivor of any full-time sworn law<\/span>-enforcement officer who (i) is killed in the line of duty or (ii) dies in service and has at least 10 years of service to purchase the service animal at a price of $1. Any such sale shall not be deemed a violation of the State and Local Government Conflict of Interests<\/span> Act (§ 2.2-3100<\/a> et seq.); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Permit the transfer of surplus clothing to an appropriate department, division, institution, or agency of the Commonwealth for distribution to needy individuals by and through local social services boards; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Encourage the recycling of paper products, beverage containers, electronics, and used motor oil; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Require the proceeds from any sale or recycling of surplus materials<\/span> be promptly deposited into the state treasury in accordance with § 2.2-1802<\/a> and report the deposit to the State Comptroller; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Permit donations of surplus computers and related equipment to:\n\t\t\t\ta. Public schools in the Commonwealth;\n\t\t\t\tb. Virginia charitable corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and providing services to persons with disabilities, at-risk youths<\/span>, or low-income families. For the purposes of this subdivision, “at-risk youths<\/span>” means school-age children approved eligible to receive free or reduced price meals in the federally funded lunch program; and\n\t\t\t\tc. Organizations in the Commonwealth granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code that refurbish computers and related equipment for donation to veterans and active military<\/span>, naval, or air service members, as defined in § 2.2-2000.1<\/a>. Any donation to an organization under this subdivision shall be conditioned upon, and in consideration of, the organization’s promise to refurbish the donated equipment and distribute it free of charge to such veterans or active military<\/span>, naval, or air service members. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Permit surplus materials<\/span> to be transferred or sold, prior to public sale or auction, to public television stations located in the state and other nonprofit organizations approved for the distribution of federal surplus materials<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Permit a public institution of higher education to dispose of its surplus materials<\/span> at the location where the surplus materials<\/span> are held and to retain any proceeds from such disposal, provided that the institution meets the conditions prescribed in subsection A of § 23.1-1002<\/a> and § 23.1-1019<\/a> (regardless of whether or not the institution has been granted any authority under Article 4 (§ 23.1-1004<\/a> et seq.) of Chapter 10 of Title 23.1); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Permit surplus materials<\/span> from (i) the Department of Defense Excess Property Program or (ii) other surplus property programs administered by the Commonwealth to be transferred or sold to Virginia charitable corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and operating as an educational institution devoted to emergency management training, preparedness, and response; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Require, to the extent practicable, the recycling and disposal of computers and other information technology assets<\/span>, including the option to enter into an agreement with a purchasing vendor to buy back or trade in any technological equipment. Additionally, for computers or information technology assets<\/span> that may contain confidential state data or personal identifying information of citizens of the Commonwealth, the Department shall ensure all policies for the transfer or other disposition<\/span> of computers or information technology assets<\/span> are consistent with data and information security policies developed by the Virginia Information Technologies Agency; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Permit surplus materials<\/span> to be sold, prior to public sale or auction, to (i) service disabled veteran<\/span>-owned businesses, (ii) veterans service organizations<\/span>, (iii) active military<\/span>-owned businesses, and (iv) military spouse<\/span>-owned businesses.\n\t\t\t\tFor purposes of this subdivision:\n\t\t\t\t“Active military<\/span>” means military service members who perform full-time duty in the Armed Forces of the United States, or a reserve component thereof, including the National Guard.\n\t\t\t\t“Military spouse<\/span>” means a person whose spouse is an active military<\/span>, naval, or air service member or veteran as those terms are defined in § 2.2-2000.1<\/a>.\n\t\t\t\t“Military spouse<\/span>-owned business<\/span>” means a business concern that is at least 51 percent owned by one or more military spouses<\/span> or, in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity<\/span> ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are military spouses<\/span> and both the management and daily business operations are controlled by one or more individuals who are military spouses<\/span>.\n\t\t\t\t“Service disabled veteran<\/span>” means the same as that term is defined in § 2.2-2000.1<\/a>.\n\t\t\t\t“Service disabled veteran<\/span>-owned business<\/span>” means the same as that term is defined in § 2.2-2000.1<\/a>.\n\t\t\t\t“Veterans service organization<\/span>” means an association or other entity organized for the benefit of veterans that has been recognized by the U.S. Department of Veterans Affairs or chartered by Congress. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department shall dispose of surplus materials<\/span> pursuant to the procedures established in subsection B or permit any department, division, institution, or agency of the Commonwealth to dispose of its surplus materials<\/span> consistent with the procedures so established. No surplus materials<\/span> shall be disposed of without prior consent of the head of the department, division, institution, or agency of the Commonwealth in possession<\/span> of such surplus materials<\/span> or the Governor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Departments, divisions, institutions, or agencies of the Commonwealth or the Governor may donate surplus materials<\/span> only under the following circumstances: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Emergencies declared in accordance with § 44-146.18:2<\/a> or 44-146.28<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> As set forth in the budget bill as defined by § 2.2-1509<\/a>, provided that (a) the budget bill contains a description of the surplus materials<\/span>, the method by which the surplus materials<\/span> shall be distributed, and the anticipated recipients, and (b) such information shall be provided by the Department to the Department of Planning and Budget in sufficient time for inclusion in the budget bill; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> When the market value of the surplus materials<\/span>, which shall be donated for a public purpose, is less than $500; however, the total market value of all surplus materials<\/span> so donated by any department, division, institution, or agency shall not exceed 25 percent of the revenue generated by such department’s, division’s, institution’s, or agency’s sale of surplus materials<\/span> in the fiscal year, except these limits shall not apply in the case of surplus computer equipment and related items donated to Virginia public schools; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> During a local emergency, upon written request of the head of a local government or a political subdivision in the Commonwealth to the head of a department, division, institution, or agency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> On or before October 1 of each year, the Department shall prepare, and file with the Secretary of the Commonwealth, a plan that describes the expected disposition<\/span> of surplus materials<\/span> in the upcoming fiscal year pursuant to subdivision B 6. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department may make available to any local public body of the Commonwealth the services or facilities authorized by this section; however, the furnishing of any such services shall not limit or impair any services normally rendered any department, division, institution, or agency of the Commonwealth. All public bodies shall be authorized to use the services of the Department’s Surplus Property Program under the guidelines established pursuant to this section and the surplus property policies and procedures of the Department. Proceeds from the sale of the surplus property shall be returned to the local body minus a service fee. The service fee charged by the Department shall be consistent with the fee charged by the Department to state public bodies. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSITION OF SURPLUS MATERIALS (\u00a7 2.2-1124)\n\nA. For purposes of this section, “surplus materials” means personal\nproperty, including materials, supplies, equipment, and recyclable items, but\ndoes not include property as defined in § 2.2-1147 that is determined to be\nsurplus. “Surplus materials” does not include finished products that\na state hospital or training center operated by the Department of Behavioral\nHealth and Developmental Services sells for the benefit of individuals receiving\nservices in the state hospital or training center, provided that (i) most of the\nsupplies, equipment, or products have been donated to the state hospital or\ntraining center; (ii) the individuals in the state hospital or training center\nhave substantially altered the supplies, equipment, or products in the course of\noccupational or other therapy; and (iii) the substantial alterations have\nresulted in a finished product.\n\nB. The Department shall establish procedures for the disposition of surplus\nmaterials from departments, divisions, institutions, and agencies of the\nCommonwealth. Such procedures shall:\n\n 1. Permit surplus materials to be transferred between or sold to departments,\n divisions, institutions, or agencies of the Commonwealth;\n\n 2. Permit surplus materials to be sold to Virginia charitable corporations\n granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code\n and operating as clinics for the indigent and uninsured that are organized for\n the delivery of primary health care services (i) as federally qualified health\n centers designated by the Health Care Financing Administration or (ii) at a\n reduced or sliding fee scale or without charge;\n\n 3. Permit public sales or auctions, including online public auctions;\n\n 4. Permit surplus motor vehicles to be sold prior to public sale or auction to\n local social service departments for the purpose of resale at cost to TANF\n recipients;\n\n 5. Permit surplus materials to be sold to Virginia charitable corporations\n granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code\n and operating as children’s homes;\n\n 6. Permit donations to political subdivisions of the Commonwealth under the\n circumstances specified in this section;\n\n 7. Permit other methods of disposal when (a) the cost of the sale will exceed\n the potential revenue to be derived therefrom or (b) the surplus material is\n not suitable for sale;\n\n 8. Permit any animal especially trained for police work to be sold at a price\n of $1 to the handler who last was in control of the animal. The agency or\n institution may allow the immediate survivor of any full-time sworn\n law-enforcement officer who (i) is killed in the line of duty or (ii) dies in\n service and has at least 10 years of service to purchase the service animal at\n a price of $1. Any such sale shall not be deemed a violation of the State and\n Local Government Conflict of Interests Act (§ 2.2-3100 et seq.);\n\n 9. Permit the transfer of surplus clothing to an appropriate department,\n division, institution, or agency of the Commonwealth for distribution to needy\n individuals by and through local social services boards;\n\n 10. Encourage the recycling of paper products, beverage containers,\n electronics, and used motor oil;\n\n 11. Require the proceeds from any sale or recycling of surplus materials be\n promptly deposited into the state treasury in accordance with § 2.2-1802\n and report the deposit to the State Comptroller;\n\n 12. Permit donations of surplus computers and related equipment to:\n \t\t\t\ta. Public schools in the Commonwealth;\n \t\t\t\tb. Virginia charitable corporations granted tax-exempt status under §\n 501(c)(3) of the Internal Revenue Code and providing services to persons with\n disabilities, at-risk youths, or low-income families. For the purposes of this\n subdivision, “at-risk youths” means school-age children approved\n eligible to receive free or reduced price meals in the federally funded lunch\n program; and\n \t\t\t\tc. Organizations in the Commonwealth granted tax-exempt status under\n § 501(c)(3) of the Internal Revenue Code that refurbish computers and\n related equipment for donation to veterans and active military, naval, or air\n service members, as defined in § 2.2-2000.1. Any donation to an\n organization under this subdivision shall be conditioned upon, and in\n consideration of, the organization’s promise to refurbish the donated\n equipment and distribute it free of charge to such veterans or active\n military, naval, or air service members.\n\n 13. Permit surplus materials to be transferred or sold, prior to public sale\n or auction, to public television stations located in the state and other\n nonprofit organizations approved for the distribution of federal surplus\n materials;\n\n 14. Permit a public institution of higher education to dispose of its surplus\n materials at the location where the surplus materials are held and to retain\n any proceeds from such disposal, provided that the institution meets the\n conditions prescribed in subsection A of § 23.1-1002 and § 23.1-1019\n (regardless of whether or not the institution has been granted any authority\n under Article 4 (§ 23.1-1004 et seq.) of Chapter 10 of Title 23.1);\n\n 15. Permit surplus materials from (i) the Department of Defense Excess\n Property Program or (ii) other surplus property programs administered by the\n Commonwealth to be transferred or sold to Virginia charitable corporations\n granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code\n and operating as an educational institution devoted to emergency management\n training, preparedness, and response;\n\n 16. Require, to the extent practicable, the recycling and disposal of\n computers and other information technology assets, including the option to\n enter into an agreement with a purchasing vendor to buy back or trade in any\n technological equipment. Additionally, for computers or information technology\n assets that may contain confidential state data or personal identifying\n information of citizens of the Commonwealth, the Department shall ensure all\n policies for the transfer or other disposition of computers or information\n technology assets are consistent with data and information security policies\n developed by the Virginia Information Technologies Agency; and\n\n 17. Permit surplus materials to be sold, prior to public sale or auction, to\n (i) service disabled veteran-owned businesses, (ii) veterans service\n organizations, (iii) active military-owned businesses, and (iv) military\n spouse-owned businesses.\n \t\t\t\tFor purposes of this subdivision:\n \t\t\t\t“Active military” means military service members who perform\n full-time duty in the Armed Forces of the United States, or a reserve\n component thereof, including the National Guard.\n \t\t\t\t“Military spouse” means a person whose spouse is an active\n military, naval, or air service member or veteran as those terms are defined\n in § 2.2-2000.1.\n \t\t\t\t“Military spouse-owned business” means a business concern that\n is at least 51 percent owned by one or more military spouses or, in the case\n of a corporation, partnership, or limited liability company or other entity,\n at least 51 percent of the equity ownership interest in the corporation,\n partnership, or limited liability company or other entity is owned by one or\n more individuals who are military spouses and both the management and daily\n business operations are controlled by one or more individuals who are military\n spouses.\n \t\t\t\t“Service disabled veteran” means the same as that term is\n defined in § 2.2-2000.1.\n \t\t\t\t“Service disabled veteran-owned business” means the same as\n that term is defined in § 2.2-2000.1.\n \t\t\t\t“Veterans service organization” means an association or other\n entity organized for the benefit of veterans that has been recognized by the\n U.S. Department of Veterans Affairs or chartered by Congress.\n\nC. The Department shall dispose of surplus materials pursuant to the procedures\nestablished in subsection B or permit any department, division, institution, or\nagency of the Commonwealth to dispose of its surplus materials consistent with\nthe procedures so established. No surplus materials shall be disposed of without\nprior consent of the head of the department, division, institution, or agency of\nthe Commonwealth in possession of such surplus materials or the Governor.\n\nD. Departments, divisions, institutions, or agencies of the Commonwealth or the\nGovernor may donate surplus materials only under the following circumstances:\n\n 1. Emergencies declared in accordance with § 44-146.18:2 or 44-146.28;\n\n 2. As set forth in the budget bill as defined by § 2.2-1509, provided\n that (a) the budget bill contains a description of the surplus materials, the\n method by which the surplus materials shall be distributed, and the\n anticipated recipients, and (b) such information shall be provided by the\n Department to the Department of Planning and Budget in sufficient time for\n inclusion in the budget bill;\n\n 3. When the market value of the surplus materials, which shall be donated for\n a public purpose, is less than $500; however, the total market value of all\n surplus materials so donated by any department, division, institution, or\n agency shall not exceed 25 percent of the revenue generated by such\n department’s, division’s, institution’s, or agency’s\n sale of surplus materials in the fiscal year, except these limits shall not\n apply in the case of surplus computer equipment and related items donated to\n Virginia public schools; or\n\n 4. During a local emergency, upon written request of the head of a local\n government or a political subdivision in the Commonwealth to the head of a\n department, division, institution, or agency.\n\nE. On or before October 1 of each year, the Department shall prepare, and file\nwith the Secretary of the Commonwealth, a plan that describes the expected\ndisposition of surplus materials in the upcoming fiscal year pursuant to\nsubdivision B 6.\n\nF. The Department may make available to any local public body of the\nCommonwealth the services or facilities authorized by this section; however, the\nfurnishing of any such services shall not limit or impair any services normally\nrendered any department, division, institution, or agency of the Commonwealth.\nAll public bodies shall be authorized to use the services of the\nDepartment’s Surplus Property Program under the guidelines established\npursuant to this section and the surplus property policies and procedures of the\nDepartment. Proceeds from the sale of the surplus property shall be returned to\nthe local body minus a service fee. The service fee charged by the Department\nshall be consistent with the fee charged by the Department to state public\nbodies.\n\nHISTORY: 1996, cc. 935, 978, \u00a7 2.1-457.2; 1999, cc. 159, 578, 629, 911; 2000,\ncc. 615, 636, 661; 2001, c. 844; 2004, c. 670; 2005, cc. 933, 945; 2006, cc.\n468, 493; 2007, c. 701; 2009, c. 75; 2012, cc. 476, 507, 805, 836; 2014, c. 226;\n2016, cc. 298, 400; 2019, c. 425; 2020, cc. 43, 358; 2024, c. 47.","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}}