{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-156.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-156.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-156.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-156.2.html"}],"law_id":76096,"edition_id":1,"section_id":76096,"structure_id":16191,"section_number":"36-156.2","catch_line":"Virginia Defective Drywall Correction and Restoration Assistance Fund established; uses","history":"2010, c. 820.","full_text":"A\n\nThere is hereby created and set apart a special, permanent, perpetual, and nonreverting fund to be known as the Virginia Defective Drywall Correction and Restoration Assistance Fund for the purposes of promoting the correction and restoration of residential property affected by the environmental problems attributable to defective drywall or overcoming obstacles to the remediation of such properties attributable to the real or presumed presence of defective drywall. The Fund shall consist of such sums that may be appropriated to the Fund by the General Assembly, sums from all receipts by the Fund from loans made by it, all income from the investment of moneys held in the Fund, and any other sums designated for deposit to the Fund from any source, public or private, including any federal grants, awards, or other forms of financial assistance received by the Commonwealth.B\n\nThe Authority shall administer and manage the Fund and establish the interest rates and repayment terms for loans made to eligible entities or individuals in accordance with a memorandum of agreement with the Department of Housing and Community Development. The Department of Housing and Community Development shall direct the distribution of loans or grants from the Fund to particular recipients based upon guidelines developed for this purpose. With approval from the Department of Housing and Community Development, the Authority may disperse moneys from the Fund for the payment of reasonable and necessary costs and expenses incurred in the administration and management of the Fund. The Authority may establish and collect a reasonable fee on outstanding loans for its management services.C\n\nAll money belonging to the Fund shall be deposited in an account or accounts in banks or trust companies organized under the laws of the Commonwealth or in national banking associations located in Virginia or in savings institutions located in Virginia organized under the laws of the Commonwealth or the United States. The money in these accounts shall be paid by check and signed by the Executive Director of the Authority or other officers or employees designated by the Board of Directors of the Authority. All deposits of money shall, if required by the Authority, be secured in a manner determined by the Authority to be prudent, and all banks, trust companies, and savings institutions are authorized to give security for the deposits. Money in the Fund shall not be commingled with other money of the Authority. Money in the Fund not needed for immediate use or disbursement may be invested or reinvested by the Authority in obligations or securities that are considered lawful investments for public funds under the laws of the Commonwealth. Expenditures and disbursements from the Fund shall be made by the Authority upon written request signed by the Director of the Department of Housing and Community Development.D\n\nThe Authority is empowered to collect, or to authorize others to collect on its behalf, amounts due to the Fund under any loan including, if appropriate, taking the action required by § 15.2-2659 to obtain payment of any amounts in default. Proceedings to recover amounts due to the Fund may be instituted by the Authority in the name of the Fund in the appropriate circuit court.E\n\nThe Department of Housing and Community Development may approve grants to local governments for the purposes of promoting the correction or restoration of residential real property and addressing environmental problems or obstacles to the correction or restoration of such properties. The grants may be used to pay the reasonable and necessary costs associated with the remediation of a contaminated property to remove hazardous substances, hazardous wastes, or solid wastes or the stabilization or restoration of these structures or the demolition and removal of the existing structures or other work necessary to remediate or reuse the real property. The Department of Housing and Community Development may establish such terms and conditions as it deems appropriate and shall evaluate each grant request in accordance with the guidelines developed for this purpose. The Authority shall disburse grants from the Fund in accordance with a written request from the Department of Housing and Community Development.F\n\nThe Authority may make loans to local governments, public authorities, corporations, partnerships, or innocent landowners to finance or refinance the cost of any defective drywall restoration or remediation project for the purposes of promoting the restoration and redevelopment of residential real property and addressing real environmental problems or obstacles to reuse of these properties. The loans shall be used to pay the reasonable and necessary costs related to the restoration and redevelopment of residential real property for the remediation of a contaminated property to remove hazardous substances, hazardous wastes, or solid wastes; stabilization or restoration of the affected properties; demolition and removal of existing structures; or other work necessary to remediate or reuse the real property.\n\t\t\tThe Department of Housing and Community Development shall designate in writing the recipient of each loan, the purposes of the loan, and the amount of each such loan. No loan from the Fund shall exceed the total cost of the project to be financed or the outstanding principal amount of the indebtedness to be refinanced plus reasonable financing expenses.G\n\nExcept as otherwise provided in this chapter, the Authority shall determine the interest rate and terms and conditions of any loan from the Fund, which may vary between local governments. Each loan shall be evidenced by appropriate bonds or notes of the loan recipient payable to the Fund. The bonds or notes shall have been duly authorized by the local government and executed by its authorized legal representatives. The Authority is authorized to require in connection with any loan from the Fund such documents, instruments, certificates, legal opinions, and other information as it may deem necessary or convenient. In addition to any other terms or conditions that the Authority may establish, the Authority may require, as a condition to making any loan from the Fund, that the entity receiving the loan covenant and perform any of the following:1\n\nEstablish and collect rents, rates, fees, taxes, and charges to produce revenue sufficient to pay all or a specified portion of (i) the costs of the project, (ii) any outstanding indebtedness incurred for the purposes of the project, including the principal of, premium, if any, and interest on the loan from the Fund to the local government, and (iii) any amounts necessary to create and maintain any required reserve.2\n\nLevy and collect ad valorem taxes on all property within the jurisdiction of the local government subject to local taxation sufficient to pay the principal of and premium, if any, and interest on the loan from the Fund to the local government.3\n\nCreate and maintain a special fund or funds for the payment of the principal of, premium, if any, and interest on the loan from the Fund to the local government and any other amounts becoming due under any agreement entered into in connection with the loan, or the project or any portions thereof or other property of the local government, and deposit into any fund or funds amounts sufficient to make any payments on the loan as they become due and payable.4\n\nCreate and maintain other special funds as required by the Authority.5\n\nPerform other acts otherwise permitted by applicable law to secure payment of the principal of, premium, if any, and interest on the loan from the Fund to the local government and to provide for the remedies of the Fund in the event of any default by the local government in the payment of the loan, including, without limitation, any of the following:\n\t\t\t\ta. The conveyance of, or the granting of liens on or security interests in, real and personal property, together with all rights, title, and interest therein, to the Fund;\n\t\t\t\tb. The procurement of insurance, guarantees, letters of credit, and other forms of collateral, security, liquidity arrangements, or credit supports for the loan from any source, public or private, and the payment therefor of premiums, fees, or other charges;\n\t\t\t\tc. The combination of one or more projects, or the combination of one or more projects with one or more other undertakings, for the purpose of financing, and the pledging of the revenues from such combined projects and undertakings to secure the loan from the Fund to the local government made in connection with such combination or any part or parts thereof;\n\t\t\t\td. The maintenance, replacement, renewal, and repair of the project; and\n\t\t\t\te. The procurement of casualty and liability insurance.6\n\nObtain a review of the accounting and the internal controls from the Auditor of Public Accounts or his legally authorized representatives. The Authority may request additional reviews at any time during the term of the loan.7\n\nDirectly offer, pledge, and consent to the Authority to take action pursuant to § 62.1-216.1 to obtain payment of any amounts in default.H\n\nAll local governments borrowing money from the Fund are authorized to perform any acts, take any action, adopt any proceedings, and make and carry out any contracts that are contemplated by this chapter. Such contracts need not be identical among all local governments, but may be structured as determined by the Authority according to the needs of the contracting local governments and the Fund.I\n\nSubject to the rights, if any, of the registered owners of any of the bonds of the Authority, the Authority may consent to and approve any modification in the terms of any loan to any local government.J\n\nThe Department of Housing and Community Development, through its Director, shall have the authority to access and release moneys in the Fund for purposes of this section as long as the disbursement does not exceed the balance of the Fund. If the Department of Housing and Community Development, through its Director, requests a disbursement in an amount exceeding the current Fund balance, the disbursement shall require the written approval of the Governor. Disbursements from the Fund may be made for the purposes outlined in this section, including, but not limited to, personnel, administrative, and equipment costs and expenses directly incurred by the Partnership or the Authority, or by any other agency or political subdivision acting at the direction of the Department of Housing and Community Development.K\n\nThe Authority is empowered at any time and from time to time to sell, upon such terms and conditions as the Authority shall deem appropriate, any loan, or interest therein, made pursuant to this chapter. The net proceeds of sale remaining after the payment of the costs and expenses of the sale shall be designated for deposit to, and become part of, the Fund.L\n\nThe Authority may, with the approval of the Department of Housing and Community Development, pledge, assign, or transfer from the Fund to banks or trust companies designated by the Authority any or all of the assets of the Fund to be held in trust as security for the payment of the principal of, premium, if any, and interest on any or all of the bonds, as defined in § 62.1-199, issued to finance any project. The interests of the Fund in any assets so transferred shall be subordinate to the rights of the trustee under the pledge, assignment, or transfer. To the extent funds are not available from other sources pledged for such purpose, any of the assets or payments of principal and interest received on the assets pledged, assigned, or transferred or held in trust may be applied by the trustee thereof to the payment of the principal of, premium, if any, and interest on such bonds of the Authority secured thereby, and, if such payments are insufficient for such purpose, the trustee is empowered to sell any or all of such assets and apply the net proceeds from the sale to the payment of the principal of, premium, if any, and interest on such bonds of the Authority. Any assets of the Fund pledged, assigned, or transferred in trust as set forth above and any payments of principal, interest, or earnings received thereon shall remain part of the Fund but shall be subject to the pledge, assignment, or transfer to secure the bonds of the Authority and shall be held by the trustee to which they are pledged, assigned, or transferred until no longer required for such purpose by the terms of the pledge, assignment, or transfer.M\n\nThe Department of Housing and Community shall develop guidelines governing the use of the Fund and including criteria for project eligibility that considers the extent to which a grant or loan will facilitate the use or reuse of the existing residential property, the extent to which a grant or loan will meet the needs of a recipient, the potential restoration of the property, the economic and environmental benefits to the surrounding community, and the extent of the perceived or real environmental contamination at the site.","order_by":null,"text":{"0":{"id":273123,"text":"There is hereby created and set apart a special, permanent, perpetual, and nonreverting fund to be known as the Virginia Defective Drywall Correction and Restoration Assistance Fund for the purposes of promoting the correction and restoration of residential property affected by the environmental problems attributable to defective drywall or overcoming obstacles to the remediation of such properties attributable to the real or presumed presence of defective drywall. The Fund shall consist of such sums that may be appropriated to the Fund by the General Assembly, sums from all receipts by the Fund from loans made by it, all income from the investment of moneys held in the Fund, and any other sums designated for deposit to the Fund from any source, public or private, including any federal grants, awards, or other forms of financial assistance received by the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273124,"text":"The Authority shall administer and manage the Fund and establish the interest rates and repayment terms for loans made to eligible entities or individuals in accordance with a memorandum of agreement with the Department of Housing and Community Development. The Department of Housing and Community Development shall direct the distribution of loans or grants from the Fund to particular recipients based upon guidelines developed for this purpose. With approval from the Department of Housing and Community Development, the Authority may disperse moneys from the Fund for the payment of reasonable and necessary costs and expenses incurred in the administration and management of the Fund. The Authority may establish and collect a reasonable fee on outstanding loans for its management services.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":273125,"text":"All money belonging to the Fund shall be deposited in an account or accounts in banks or trust companies organized under the laws of the Commonwealth or in national banking associations located in Virginia or in savings institutions located in Virginia organized under the laws of the Commonwealth or the United States. The money in these accounts shall be paid by check and signed by the Executive Director of the Authority or other officers or employees designated by the Board of Directors of the Authority. All deposits of money shall, if required by the Authority, be secured in a manner determined by the Authority to be prudent, and all banks, trust companies, and savings institutions are authorized to give security for the deposits. Money in the Fund shall not be commingled with other money of the Authority. Money in the Fund not needed for immediate use or disbursement may be invested or reinvested by the Authority in obligations or securities that are considered lawful investments for public funds under the laws of the Commonwealth. Expenditures and disbursements from the Fund shall be made by the Authority upon written request signed by the Director of the Department of Housing and Community Development.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":273126,"text":"The Authority is empowered to collect, or to authorize others to collect on its behalf, amounts due to the Fund under any loan including, if appropriate, taking the action required by § 15.2-2659 to obtain payment of any amounts in default. Proceedings to recover amounts due to the Fund may be instituted by the Authority in the name of the Fund in the appropriate circuit court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":273127,"text":"The Department of Housing and Community Development may approve grants to local governments for the purposes of promoting the correction or restoration of residential real property and addressing environmental problems or obstacles to the correction or restoration of such properties. The grants may be used to pay the reasonable and necessary costs associated with the remediation of a contaminated property to remove hazardous substances, hazardous wastes, or solid wastes or the stabilization or restoration of these structures or the demolition and removal of the existing structures or other work necessary to remediate or reuse the real property. The Department of Housing and Community Development may establish such terms and conditions as it deems appropriate and shall evaluate each grant request in accordance with the guidelines developed for this purpose. The Authority shall disburse grants from the Fund in accordance with a written request from the Department of Housing and Community Development.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":273128,"text":"The Authority may make loans to local governments, public authorities, corporations, partnerships, or innocent landowners to finance or refinance the cost of any defective drywall restoration or remediation project for the purposes of promoting the restoration and redevelopment of residential real property and addressing real environmental problems or obstacles to reuse of these properties. The loans shall be used to pay the reasonable and necessary costs related to the restoration and redevelopment of residential real property for the remediation of a contaminated property to remove hazardous substances, hazardous wastes, or solid wastes; stabilization or restoration of the affected properties; demolition and removal of existing structures; or other work necessary to remediate or reuse the real property.\n\t\t\tThe Department of Housing and Community Development shall designate in writing the recipient of each loan, the purposes of the loan, and the amount of each such loan. No loan from the Fund shall exceed the total cost of the project to be financed or the outstanding principal amount of the indebtedness to be refinanced plus reasonable financing expenses.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":273129,"text":"Except as otherwise provided in this chapter, the Authority shall determine the interest rate and terms and conditions of any loan from the Fund, which may vary between local governments. Each loan shall be evidenced by appropriate bonds or notes of the loan recipient payable to the Fund. The bonds or notes shall have been duly authorized by the local government and executed by its authorized legal representatives. The Authority is authorized to require in connection with any loan from the Fund such documents, instruments, certificates, legal opinions, and other information as it may deem necessary or convenient. In addition to any other terms or conditions that the Authority may establish, the Authority may require, as a condition to making any loan from the Fund, that the entity receiving the loan covenant and perform any of the following:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"7":{"id":273130,"text":"Establish and collect rents, rates, fees, taxes, and charges to produce revenue sufficient to pay all or a specified portion of (i) the costs of the project, (ii) any outstanding indebtedness incurred for the purposes of the project, including the principal of, premium, if any, and interest on the loan from the Fund to the local government, and (iii) any amounts necessary to create and maintain any required reserve.","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"8":{"id":273131,"text":"Levy and collect ad valorem taxes on all property within the jurisdiction of the local government subject to local taxation sufficient to pay the principal of and premium, if any, and interest on the loan from the Fund to the local government.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"9":{"id":273132,"text":"Create and maintain a special fund or funds for the payment of the principal of, premium, if any, and interest on the loan from the Fund to the local government and any other amounts becoming due under any agreement entered into in connection with the loan, or the project or any portions thereof or other property of the local government, and deposit into any fund or funds amounts sufficient to make any payments on the loan as they become due and payable.","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"G4"},"10":{"id":273133,"text":"Create and maintain other special funds as required by the Authority.","type":"section","prefixes":["G","4"],"prefix":"4","entire_prefix":"G4","prefix_anchor":"G4","level":2,"prior_prefix":"G3","next_prefix":"G5"},"11":{"id":273134,"text":"Perform other acts otherwise permitted by applicable law to secure payment of the principal of, premium, if any, and interest on the loan from the Fund to the local government and to provide for the remedies of the Fund in the event of any default by the local government in the payment of the loan, including, without limitation, any of the following:\n\t\t\t\ta. The conveyance of, or the granting of liens on or security interests in, real and personal property, together with all rights, title, and interest therein, to the Fund;\n\t\t\t\tb. The procurement of insurance, guarantees, letters of credit, and other forms of collateral, security, liquidity arrangements, or credit supports for the loan from any source, public or private, and the payment therefor of premiums, fees, or other charges;\n\t\t\t\tc. The combination of one or more projects, or the combination of one or more projects with one or more other undertakings, for the purpose of financing, and the pledging of the revenues from such combined projects and undertakings to secure the loan from the Fund to the local government made in connection with such combination or any part or parts thereof;\n\t\t\t\td. The maintenance, replacement, renewal, and repair of the project; and\n\t\t\t\te. The procurement of casualty and liability insurance.","type":"section","prefixes":["G","5"],"prefix":"5","entire_prefix":"G5","prefix_anchor":"G5","level":2,"prior_prefix":"G4","next_prefix":"G6"},"12":{"id":273135,"text":"Obtain a review of the accounting and the internal controls from the Auditor of Public Accounts or his legally authorized representatives. The Authority may request additional reviews at any time during the term of the loan.","type":"section","prefixes":["G","6"],"prefix":"6","entire_prefix":"G6","prefix_anchor":"G6","level":2,"prior_prefix":"G5","next_prefix":"G7"},"13":{"id":273136,"text":"Directly offer, pledge, and consent to the Authority to take action pursuant to § 62.1-216.1 to obtain payment of any amounts in default.","type":"section","prefixes":["G","7"],"prefix":"7","entire_prefix":"G7","prefix_anchor":"G7","level":2,"prior_prefix":"G6","next_prefix":"H"},"14":{"id":273137,"text":"All local governments borrowing money from the Fund are authorized to perform any acts, take any action, adopt any proceedings, and make and carry out any contracts that are contemplated by this chapter. Such contracts need not be identical among all local governments, but may be structured as determined by the Authority according to the needs of the contracting local governments and the Fund.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G7","next_prefix":"I"},"15":{"id":273138,"text":"Subject to the rights, if any, of the registered owners of any of the bonds of the Authority, the Authority may consent to and approve any modification in the terms of any loan to any local government.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"16":{"id":273139,"text":"The Department of Housing and Community Development, through its Director, shall have the authority to access and release moneys in the Fund for purposes of this section as long as the disbursement does not exceed the balance of the Fund. If the Department of Housing and Community Development, through its Director, requests a disbursement in an amount exceeding the current Fund balance, the disbursement shall require the written approval of the Governor. Disbursements from the Fund may be made for the purposes outlined in this section, including, but not limited to, personnel, administrative, and equipment costs and expenses directly incurred by the Partnership or the Authority, or by any other agency or political subdivision acting at the direction of the Department of Housing and Community Development.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"17":{"id":273140,"text":"The Authority is empowered at any time and from time to time to sell, upon such terms and conditions as the Authority shall deem appropriate, any loan, or interest therein, made pursuant to this chapter. The net proceeds of sale remaining after the payment of the costs and expenses of the sale shall be designated for deposit to, and become part of, the Fund.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"18":{"id":273141,"text":"The Authority may, with the approval of the Department of Housing and Community Development, pledge, assign, or transfer from the Fund to banks or trust companies designated by the Authority any or all of the assets of the Fund to be held in trust as security for the payment of the principal of, premium, if any, and interest on any or all of the bonds, as defined in § 62.1-199, issued to finance any project. The interests of the Fund in any assets so transferred shall be subordinate to the rights of the trustee under the pledge, assignment, or transfer. To the extent funds are not available from other sources pledged for such purpose, any of the assets or payments of principal and interest received on the assets pledged, assigned, or transferred or held in trust may be applied by the trustee thereof to the payment of the principal of, premium, if any, and interest on such bonds of the Authority secured thereby, and, if such payments are insufficient for such purpose, the trustee is empowered to sell any or all of such assets and apply the net proceeds from the sale to the payment of the principal of, premium, if any, and interest on such bonds of the Authority. Any assets of the Fund pledged, assigned, or transferred in trust as set forth above and any payments of principal, interest, or earnings received thereon shall remain part of the Fund but shall be subject to the pledge, assignment, or transfer to secure the bonds of the Authority and shall be held by the trustee to which they are pledged, assigned, or transferred until no longer required for such purpose by the terms of the pledge, assignment, or transfer.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"19":{"id":273142,"text":"The Department of Housing and Community shall develop guidelines governing the use of the Fund and including criteria for project eligibility that considers the extent to which a grant or loan will facilitate the use or reuse of the existing residential property, the extent to which a grant or loan will meet the needs of a recipient, the potential restoration of the property, the economic and environmental benefits to the surrounding community, and the extent of the perceived or real environmental contamination at the site.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L"}},"ancestry":[{"id":16191,"edition_id":1,"name":"Virginia Defective Drywall Correction and Restoration Assistance Fund","identifier":"10.1","label":"chapter","depth":2,"order_by":1,"parent_id":12779,"metadata":{},"date_created":"2026-06-26 04:08:40","date_modified":"2026-06-26 04:08:40","permalink":{"id":208825,"object_type":"structure","relational_id":16191,"identifier":"10.1","token":"36\/10.1","url":"\/36\/10.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12779,"edition_id":1,"name":"Housing","identifier":"36","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":208257,"object_type":"structure","relational_id":12779,"identifier":"36","token":"36","url":"\/36\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64639,"structure_id":16191,"section_number":"36-156.1","catch_line":"Definitions","url":"\/36-156.1\/","token":"36\/10.1\/36-156.1","metadata":false},{"id":76096,"structure_id":16191,"section_number":"36-156.2","catch_line":"Virginia Defective Drywall Correction and Restoration Assistance Fund established; uses","url":"\/36-156.2\/","token":"36\/10.1\/36-156.2","metadata":false}],"previous_section":{"id":64639,"structure_id":16191,"section_number":"36-156.1","catch_line":"Definitions","url":"\/36-156.1\/","token":"36\/10.1\/36-156.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-156.2\/","history_text":"

This law was first created in 2010. The record of its establishment is cataloged in chapter 820<\/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.<\/p>","references":false,"refers_to":[{"id":78015,"section_number":"15.2-2659","catch_line":"Investigation by Governor of alleged defaults; withholding state funds from defaulting locality; payment of funds withheld; receipts, reports, etc.; magisterial and school district defaults included","order_by":null,"url":"\/15.2-2659\/"},{"id":80022,"section_number":"62.1-199","catch_line":"Definitions","order_by":null,"url":"\/62.1-199\/"},{"id":72905,"section_number":"62.1-216.1","catch_line":"Investigation by Governor of nonpayments; withholding state funds from nonpaying locality; payment of funds withheld; receipts, reports, etc","order_by":null,"url":"\/62.1-216.1\/"}],"permalink":{"id":208831,"object_type":"law","relational_id":76096,"identifier":"36-156.2","token":"36\/10.1\/36-156.2","url":"\/36-156.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-156.2\/","token":"36\/10.1\/36-156.2","dublin_core":{"Title":"Virginia Defective Drywall Correction and Restoration Assistance Fund established; uses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-156.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> There is hereby created and set apart a special, permanent, perpetual, and nonreverting fund<\/span> to be known as the Virginia Defective Drywall<\/span> Correction and Restoration Assistance Fund<\/span> for the purposes of promoting the correction and restoration of residential property affected by the environmental problems attributable to defective drywall<\/span> or overcoming obstacles to the remediation of such properties attributable to the real or presumed presence of defective drywall<\/span>. The Fund<\/span> shall consist of such sums that may be appropriated to the Fund<\/span> by the General Assembly, sums from all receipts by the Fund<\/span> from loans made by it, all income from the investment of moneys held in the Fund<\/span>, and any other sums designated for deposit to the Fund<\/span> from any source, public or private, including any federal grants, awards, or other forms of financial assistance received by the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Authority<\/span> shall administer and manage the Fund<\/span> and establish the interest rates and repayment terms for loans made to eligible entities or individuals in accordance with a memorandum<\/span> of agreement with the Department<\/span> of Housing and Community Development. The Department<\/span> of Housing and Community Development shall direct the distribution of loans or grants from the Fund<\/span> to particular recipients based upon guidelines developed for this purpose. With approval from the Department<\/span> of Housing and Community Development, the Authority<\/span> may disperse moneys from the Fund<\/span> for the payment of reasonable and necessary costs and expenses incurred in the administration and management of the Fund<\/span>. The Authority<\/span> may establish and collect a reasonable fee on outstanding loans for its management services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All money belonging to the Fund<\/span> shall be deposited in an account or accounts in banks or trust companies organized under the laws<\/span> of the Commonwealth or in national banking associations located in Virginia or in savings institutions located in Virginia organized under the laws<\/span> of the Commonwealth or the United States. The money in these accounts shall be paid by check and signed by the Executive Director<\/span> of the Authority<\/span> or other officers or employees designated by the Board of Directors<\/span> of the Authority<\/span>. All deposits of money shall, if required by the Authority<\/span>, be secured in a manner determined by the Authority<\/span> to be prudent, and all banks, trust companies, and savings institutions are authorized to give security for the deposits. Money in the Fund<\/span> shall not be commingled with other money of the Authority<\/span>. Money in the Fund<\/span> not needed for immediate use or disbursement may be invested or reinvested by the Authority<\/span> in obligations or securities that are considered lawful investments for public funds<\/span> under the laws<\/span> of the Commonwealth. Expenditures and disbursements from the Fund<\/span> shall be made by the Authority<\/span> upon written request signed by the Director<\/span> of the Department<\/span> of Housing and Community Development. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Authority<\/span> is empowered to collect, or to authorize others to collect on its behalf, amounts due to the Fund<\/span> under any loan including, if appropriate, taking the action required by § 15.2-2659<\/a> to obtain payment of any amounts in default<\/span>. Proceedings to recover amounts due to the Fund<\/span> may be instituted by the Authority<\/span> in the name of the Fund<\/span> in the appropriate circuit<\/span> court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Department<\/span> of Housing and Community Development may approve grants to local governments<\/span> for the purposes of promoting the correction or restoration of residential real property and addressing environmental problems or obstacles to the correction or restoration of such properties. The grants may be used to pay the reasonable and necessary costs associated with the remediation of a contaminated property to remove hazardous substances, hazardous wastes, or solid wastes or the stabilization or restoration of these structures or the demolition and removal of the existing structures or other work necessary to remediate or reuse the real property. The Department<\/span> of Housing and Community Development may establish such terms and conditions as it deems appropriate and shall evaluate each grant request in accordance with the guidelines developed for this purpose. The Authority<\/span> shall disburse grants from the Fund<\/span> in accordance with a written request from the Department<\/span> of Housing and Community Development. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Authority<\/span> may make loans to local governments<\/span>, public authorities, corporations, partnerships, or innocent landowners to finance or refinance the cost of any defective drywall<\/span> restoration or remediation project for the purposes of promoting the restoration and redevelopment of residential real property and addressing real environmental problems or obstacles to reuse of these properties. The loans shall be used to pay the reasonable and necessary costs related to the restoration and redevelopment of residential real property for the remediation of a contaminated property to remove hazardous substances, hazardous wastes, or solid wastes; stabilization or restoration of the affected properties; demolition and removal of existing structures; or other work necessary to remediate or reuse the real property.\n\t\t\tThe Department<\/span> of Housing and Community Development shall designate in writing the recipient of each loan, the purposes of the loan, and the amount of each such loan. No loan from the Fund<\/span> shall exceed the total cost of the project to be financed or the outstanding principal amount of the indebtedness to be refinanced plus reasonable financing expenses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Except as otherwise provided in this chapter, the Authority<\/span> shall determine the interest rate and terms and conditions of any loan from the Fund<\/span>, which may vary between local governments<\/span>. Each loan shall be evidenced by appropriate bonds<\/span> or notes of the loan recipient payable to the Fund<\/span>. The bonds<\/span> or notes shall have been duly authorized by the local government<\/span> and executed by its authorized legal representatives. The Authority<\/span> is authorized to require in connection with any loan from the Fund<\/span> such documents, instruments, certificates, legal opinions<\/span>, and other information as it may deem necessary or convenient. In addition to any other terms or conditions that the Authority<\/span> may establish, the Authority<\/span> may require, as a condition to making any loan from the Fund<\/span>, that the entity receiving the loan covenant and perform any of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Establish and collect rents, rates, fees, taxes, and charges to produce revenue sufficient to pay all or a specified portion of (i) the costs of the project, (ii) any outstanding indebtedness incurred for the purposes of the project, including the principal of, premium, if any, and interest on the loan from the Fund<\/span> to the local government<\/span>, and (iii) any amounts necessary to create and maintain any required reserve. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Levy<\/span> and collect ad valorem taxes on all property within the jurisdiction<\/span> of the local government<\/span> subject to local taxation sufficient to pay the principal of and premium, if any, and interest on the loan from the Fund<\/span> to the local government<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Create and maintain a special fund<\/span> or funds<\/span> for the payment of the principal of, premium, if any, and interest on the loan from the Fund<\/span> to the local government<\/span> and any other amounts becoming due under any agreement entered into in connection with the loan, or the project or any portions thereof or other property of the local government<\/span>, and deposit into any fund<\/span> or funds<\/span> amounts sufficient to make any payments on the loan as they become due and payable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Create and maintain other special funds<\/span> as required by the Authority<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Perform other acts otherwise permitted by applicable law<\/span> to secure payment of the principal of, premium, if any, and interest on the loan from the Fund<\/span> to the local government<\/span> and to provide for the remedies of the Fund<\/span> in the event of any default<\/span> by the local government<\/span> in the payment of the loan, including, without limitation, any of the following:\n\t\t\t\ta. The conveyance of, or the granting of liens<\/span> on or security interests in, real and personal property, together with all rights, title, and interest therein, to the Fund<\/span>;\n\t\t\t\tb. The procurement of insurance, guarantees, letters of credit, and other forms of collateral<\/span>, security, liquidity arrangements, or credit supports for the loan from any source, public or private, and the payment therefor of premiums, fees, or other charges;\n\t\t\t\tc. The combination of one or more projects, or the combination of one or more projects with one or more other undertakings, for the purpose of financing, and the pledging of the revenues from such combined projects and undertakings to secure the loan from the Fund<\/span> to the local government<\/span> made in connection with such combination or any part or parts thereof;\n\t\t\t\td. The maintenance, replacement, renewal, and repair of the project; and\n\t\t\t\te. The procurement of casualty and liability insurance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Obtain a review of the accounting and the internal controls from the Auditor of Public Accounts or his legally authorized representatives. The Authority<\/span> may request additional reviews at any time during the term of the loan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Directly offer, pledge, and consent to the Authority<\/span> to take action pursuant to § 62.1-216.1<\/a> to obtain payment of any amounts in default<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> All local governments<\/span> borrowing money from the Fund<\/span> are authorized to perform any acts, take any action, adopt any proceedings, and make and carry out any contracts<\/span> that are contemplated by this chapter. Such contracts<\/span> need not be identical among all local governments<\/span>, but may be structured as determined by the Authority<\/span> according to the needs of the contracting local governments<\/span> and the Fund<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Subject to the rights, if any, of the registered owners of any of the bonds<\/span> of the Authority<\/span>, the Authority<\/span> may consent to and approve any modification in the terms of any loan to any local government<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The Department<\/span> of Housing and Community Development, through its Director<\/span>, shall have the authority<\/span> to access and release moneys in the Fund<\/span> for purposes of this section as long as the disbursement does not exceed the balance of the Fund<\/span>. If the Department<\/span> of Housing and Community Development, through its Director<\/span>, requests a disbursement in an amount exceeding the current Fund<\/span> balance, the disbursement shall require the written approval of the Governor. Disbursements from the Fund<\/span> may be made for the purposes outlined in this section, including, but not limited to, personnel, administrative, and equipment costs and expenses directly incurred by the Partnership or the Authority<\/span>, or by any other agency or political subdivision acting at the direction of the Department<\/span> of Housing and Community Development. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The Authority<\/span> is empowered at any time and from time to time to sell, upon such terms and conditions as the Authority<\/span> shall deem appropriate, any loan, or interest therein, made pursuant to this chapter. The net proceeds of sale remaining after the payment of the costs and expenses of the sale shall be designated for deposit to, and become part of, the Fund<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> The Authority<\/span> may, with the approval of the Department<\/span> of Housing and Community Development, pledge, assign, or transfer from the Fund<\/span> to banks or trust companies designated by the Authority<\/span> any or all of the assets<\/span> of the Fund<\/span> to be held in trust as security for the payment of the principal of, premium, if any, and interest on any or all of the bonds<\/span>, as defined in § 62.1-199<\/a>, issued to finance any project. The interests of the Fund<\/span> in any assets<\/span> so transferred shall be subordinate to the rights of the trustee under the pledge, assignment, or transfer. To the extent funds<\/span> are not available from other sources pledged for such purpose, any of the assets<\/span> or payments of principal and interest received on the assets<\/span> pledged, assigned, or transferred or held in trust may be applied by the trustee thereof to the payment of the principal of, premium, if any, and interest on such bonds<\/span> of the Authority<\/span> secured thereby, and, if such payments are insufficient for such purpose, the trustee is empowered to sell any or all of such assets<\/span> and apply the net proceeds from the sale to the payment of the principal of, premium, if any, and interest on such bonds<\/span> of the Authority<\/span>. Any assets<\/span> of the Fund<\/span> pledged, assigned, or transferred in trust as set forth above and any payments of principal, interest, or earnings received thereon shall remain part of the Fund<\/span> but shall be subject to the pledge, assignment, or transfer to secure the bonds<\/span> of the Authority<\/span> and shall be held by the trustee to which they are pledged, assigned, or transferred until no longer required for such purpose by the terms of the pledge, assignment, or transfer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> The Department<\/span> of Housing and Community shall develop guidelines governing the use of the Fund<\/span> and including criteria for project eligibility that considers the extent to which a grant or loan will facilitate the use or reuse of the existing residential property, the extent to which a grant or loan will meet the needs of a recipient, the potential restoration of the property, the economic and environmental benefits to the surrounding community, and the extent of the perceived or real environmental contamination at the site. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIRGINIA DEFECTIVE DRYWALL CORRECTION AND RESTORATION ASSISTANCE FUND\nESTABLISHED; USES (\u00a7 36-156.2)\n\nA. There is hereby created and set apart a special, permanent, perpetual, and\nnonreverting fund to be known as the Virginia Defective Drywall Correction and\nRestoration Assistance Fund for the purposes of promoting the correction and\nrestoration of residential property affected by the environmental problems\nattributable to defective drywall or overcoming obstacles to the remediation of\nsuch properties attributable to the real or presumed presence of defective\ndrywall. The Fund shall consist of such sums that may be appropriated to the\nFund by the General Assembly, sums from all receipts by the Fund from loans made\nby it, all income from the investment of moneys held in the Fund, and any other\nsums designated for deposit to the Fund from any source, public or private,\nincluding any federal grants, awards, or other forms of financial assistance\nreceived by the Commonwealth.\n\nB. The Authority shall administer and manage the Fund and establish the interest\nrates and repayment terms for loans made to eligible entities or individuals in\naccordance with a memorandum of agreement with the Department of Housing and\nCommunity Development. The Department of Housing and Community Development shall\ndirect the distribution of loans or grants from the Fund to particular\nrecipients based upon guidelines developed for this purpose. With approval from\nthe Department of Housing and Community Development, the Authority may disperse\nmoneys from the Fund for the payment of reasonable and necessary costs and\nexpenses incurred in the administration and management of the Fund. The\nAuthority may establish and collect a reasonable fee on outstanding loans for\nits management services.\n\nC. All money belonging to the Fund shall be deposited in an account or accounts\nin banks or trust companies organized under the laws of the Commonwealth or in\nnational banking associations located in Virginia or in savings institutions\nlocated in Virginia organized under the laws of the Commonwealth or the United\nStates. The money in these accounts shall be paid by check and signed by the\nExecutive Director of the Authority or other officers or employees designated by\nthe Board of Directors of the Authority. All deposits of money shall, if\nrequired by the Authority, be secured in a manner determined by the Authority to\nbe prudent, and all banks, trust companies, and savings institutions are\nauthorized to give security for the deposits. Money in the Fund shall not be\ncommingled with other money of the Authority. Money in the Fund not needed for\nimmediate use or disbursement may be invested or reinvested by the Authority in\nobligations or securities that are considered lawful investments for public\nfunds under the laws of the Commonwealth. Expenditures and disbursements from\nthe Fund shall be made by the Authority upon written request signed by the\nDirector of the Department of Housing and Community Development.\n\nD. The Authority is empowered to collect, or to authorize others to collect on\nits behalf, amounts due to the Fund under any loan including, if appropriate,\ntaking the action required by § 15.2-2659 to obtain payment of any amounts\nin default. Proceedings to recover amounts due to the Fund may be instituted by\nthe Authority in the name of the Fund in the appropriate circuit court.\n\nE. The Department of Housing and Community Development may approve grants to\nlocal governments for the purposes of promoting the correction or restoration of\nresidential real property and addressing environmental problems or obstacles to\nthe correction or restoration of such properties. The grants may be used to pay\nthe reasonable and necessary costs associated with the remediation of a\ncontaminated property to remove hazardous substances, hazardous wastes, or solid\nwastes or the stabilization or restoration of these structures or the demolition\nand removal of the existing structures or other work necessary to remediate or\nreuse the real property. The Department of Housing and Community Development may\nestablish such terms and conditions as it deems appropriate and shall evaluate\neach grant request in accordance with the guidelines developed for this purpose.\nThe Authority shall disburse grants from the Fund in accordance with a written\nrequest from the Department of Housing and Community Development.\n\nF. The Authority may make loans to local governments, public authorities,\ncorporations, partnerships, or innocent landowners to finance or refinance the\ncost of any defective drywall restoration or remediation project for the\npurposes of promoting the restoration and redevelopment of residential real\nproperty and addressing real environmental problems or obstacles to reuse of\nthese properties. The loans shall be used to pay the reasonable and necessary\ncosts related to the restoration and redevelopment of residential real property\nfor the remediation of a contaminated property to remove hazardous substances,\nhazardous wastes, or solid wastes; stabilization or restoration of the affected\nproperties; demolition and removal of existing structures; or other work\nnecessary to remediate or reuse the real property.\n\t\t\tThe Department of Housing and Community Development shall designate in\nwriting the recipient of each loan, the purposes of the loan, and the amount of\neach such loan. No loan from the Fund shall exceed the total cost of the project\nto be financed or the outstanding principal amount of the indebtedness to be\nrefinanced plus reasonable financing expenses.\n\nG. Except as otherwise provided in this chapter, the Authority shall determine\nthe interest rate and terms and conditions of any loan from the Fund, which may\nvary between local governments. Each loan shall be evidenced by appropriate\nbonds or notes of the loan recipient payable to the Fund. The bonds or notes\nshall have been duly authorized by the local government and executed by its\nauthorized legal representatives. The Authority is authorized to require in\nconnection with any loan from the Fund such documents, instruments,\ncertificates, legal opinions, and other information as it may deem necessary or\nconvenient. In addition to any other terms or conditions that the Authority may\nestablish, the Authority may require, as a condition to making any loan from the\nFund, that the entity receiving the loan covenant and perform any of the\nfollowing:\n\n 1. Establish and collect rents, rates, fees, taxes, and charges to produce\n revenue sufficient to pay all or a specified portion of (i) the costs of the\n project, (ii) any outstanding indebtedness incurred for the purposes of the\n project, including the principal of, premium, if any, and interest on the loan\n from the Fund to the local government, and (iii) any amounts necessary to\n create and maintain any required reserve.\n\n 2. Levy and collect ad valorem taxes on all property within the jurisdiction\n of the local government subject to local taxation sufficient to pay the\n principal of and premium, if any, and interest on the loan from the Fund to\n the local government.\n\n 3. Create and maintain a special fund or funds for the payment of the\n principal of, premium, if any, and interest on the loan from the Fund to the\n local government and any other amounts becoming due under any agreement\n entered into in connection with the loan, or the project or any portions\n thereof or other property of the local government, and deposit into any fund\n or funds amounts sufficient to make any payments on the loan as they become\n due and payable.\n\n 4. Create and maintain other special funds as required by the Authority.\n\n 5. Perform other acts otherwise permitted by applicable law to secure payment\n of the principal of, premium, if any, and interest on the loan from the Fund\n to the local government and to provide for the remedies of the Fund in the\n event of any default by the local government in the payment of the loan,\n including, without limitation, any of the following:\n \t\t\t\ta. The conveyance of, or the granting of liens on or security interests\n in, real and personal property, together with all rights, title, and interest\n therein, to the Fund;\n \t\t\t\tb. The procurement of insurance, guarantees, letters of credit, and other\n forms of collateral, security, liquidity arrangements, or credit supports for\n the loan from any source, public or private, and the payment therefor of\n premiums, fees, or other charges;\n \t\t\t\tc. The combination of one or more projects, or the combination of one or\n more projects with one or more other undertakings, for the purpose of\n financing, and the pledging of the revenues from such combined projects and\n undertakings to secure the loan from the Fund to the local government made in\n connection with such combination or any part or parts thereof;\n \t\t\t\td. The maintenance, replacement, renewal, and repair of the project; and\n \t\t\t\te. The procurement of casualty and liability insurance.\n\n 6. Obtain a review of the accounting and the internal controls from the\n Auditor of Public Accounts or his legally authorized representatives. The\n Authority may request additional reviews at any time during the term of the\n loan.\n\n 7. Directly offer, pledge, and consent to the Authority to take action\n pursuant to § 62.1-216.1 to obtain payment of any amounts in default.\n\nH. All local governments borrowing money from the Fund are authorized to perform\nany acts, take any action, adopt any proceedings, and make and carry out any\ncontracts that are contemplated by this chapter. Such contracts need not be\nidentical among all local governments, but may be structured as determined by\nthe Authority according to the needs of the contracting local governments and\nthe Fund.\n\nI. Subject to the rights, if any, of the registered owners of any of the bonds\nof the Authority, the Authority may consent to and approve any modification in\nthe terms of any loan to any local government.\n\nJ. The Department of Housing and Community Development, through its Director,\nshall have the authority to access and release moneys in the Fund for purposes\nof this section as long as the disbursement does not exceed the balance of the\nFund. If the Department of Housing and Community Development, through its\nDirector, requests a disbursement in an amount exceeding the current Fund\nbalance, the disbursement shall require the written approval of the Governor.\nDisbursements from the Fund may be made for the purposes outlined in this\nsection, including, but not limited to, personnel, administrative, and equipment\ncosts and expenses directly incurred by the Partnership or the Authority, or by\nany other agency or political subdivision acting at the direction of the\nDepartment of Housing and Community Development.\n\nK. The Authority is empowered at any time and from time to time to sell, upon\nsuch terms and conditions as the Authority shall deem appropriate, any loan, or\ninterest therein, made pursuant to this chapter. The net proceeds of sale\nremaining after the payment of the costs and expenses of the sale shall be\ndesignated for deposit to, and become part of, the Fund.\n\nL. The Authority may, with the approval of the Department of Housing and\nCommunity Development, pledge, assign, or transfer from the Fund to banks or\ntrust companies designated by the Authority any or all of the assets of the Fund\nto be held in trust as security for the payment of the principal of, premium, if\nany, and interest on any or all of the bonds, as defined in § 62.1-199,\nissued to finance any project. The interests of the Fund in any assets so\ntransferred shall be subordinate to the rights of the trustee under the pledge,\nassignment, or transfer. To the extent funds are not available from other\nsources pledged for such purpose, any of the assets or payments of principal and\ninterest received on the assets pledged, assigned, or transferred or held in\ntrust may be applied by the trustee thereof to the payment of the principal of,\npremium, if any, and interest on such bonds of the Authority secured thereby,\nand, if such payments are insufficient for such purpose, the trustee is\nempowered to sell any or all of such assets and apply the net proceeds from the\nsale to the payment of the principal of, premium, if any, and interest on such\nbonds of the Authority. Any assets of the Fund pledged, assigned, or transferred\nin trust as set forth above and any payments of principal, interest, or earnings\nreceived thereon shall remain part of the Fund but shall be subject to the\npledge, assignment, or transfer to secure the bonds of the Authority and shall\nbe held by the trustee to which they are pledged, assigned, or transferred until\nno longer required for such purpose by the terms of the pledge, assignment, or\ntransfer.\n\nM. The Department of Housing and Community shall develop guidelines governing\nthe use of the Fund and including criteria for project eligibility that\nconsiders the extent to which a grant or loan will facilitate the use or reuse\nof the existing residential property, the extent to which a grant or loan will\nmeet the needs of a recipient, the potential restoration of the property, the\neconomic and environmental benefits to the surrounding community, and the extent\nof the perceived or real environmental contamination at the site.\n\nHISTORY: 2010, c. 820.","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}}