                                 CODE OF VIRGINIA

VIRGINIA COMMUNITY FLOOD PREPAREDNESS FUND; LOAN AND GRANT PROGRAM (§
10.1-603.25)

A. The Virginia Community Flood Preparedness Fund is hereby established as a
permanent and perpetual fund. All sums that are designated for deposit in the
Fund from revenue generated by the sale of emissions allowances pursuant to
subdivision C 1 of &#xA7; 10.1-1330, all sums that may be appropriated to the
Fund by the General Assembly, all receipts by the Fund from the repayment of
loans made by it to local governments, federally recognized tribes, and Virginia
recognized tribes, 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 and awards or other forms of assistance
received by the Commonwealth that are eligible for deposit in the Fund under
federal law, shall be designated for deposit to the Fund. Interest earned on
moneys in the Fund shall remain in the Fund and be credited to it. Any moneys
remaining in the Fund, including any appropriated funds and all principal,
interest accrued, and payments, at the end of each fiscal year shall not revert
to the general fund but shall remain in the Fund. All loans and grants provided
under this article shall be deemed to promote the public purposes of enhancing
flood prevention or protection and coastal resilience.

B. Moneys in the Fund shall be used solely for the purposes of enhancing flood
prevention or protection and coastal resilience as required by this article. The
Authority shall manage the Fund and shall establish interest rates and repayment
terms of such loans as provided in this article in accordance with a memorandum
of agreement with the Department. The Authority may disburse from the Fund its
reasonable costs and expenses incurred in the management of the Fund. The
Department shall direct distribution of loans and grants from the Fund in
accordance with the provisions of subsection D.

C. The Authority is authorized at any time and from time to time to pledge,
assign, or transfer from the Fund or any bank or trust company designated by the
Authority any or all of the assets of the Fund to be held in trust as security
for the payment of principal of, premium, if any, and interest on any and all
bonds, as defined in &#xA7; 62.1-199, issued to finance any flood prevention or
protection project undertaken pursuant to the provisions of this article. In
addition, the Authority is authorized at any time and from time to time to sell
upon such terms and conditions as the Authority deems appropriate any loan or
interest thereon made pursuant to this article. The net proceeds of the sale
remaining after payment of costs and expenses shall be designated for deposit
to, and become part of, the Fund.

D. 1. The Fund shall be administered by the Department as prescribed in this
article. The Department, in consultation with the Secretary of Natural and
Historic Resources and the Chief Resilience Officer of the Commonwealth, shall
establish guidelines regarding the distribution and prioritization of loans and
grants, including loans and grants that support flood prevention or protection
studies of statewide or regional significance. The Department shall develop and
provide an opportunity for a 30-day public comment period prior to each new
grant or loan offering to solicit feedback on proposed revisions to the Virginia
Community Flood Preparedness Manual. A record of each application for a grant or
loan and the action taken thereon shall be available for public inspection at
the office of the Department and on a publicly accessible website.

   2. The Director shall convene an Advisory Review Committee (the Committee) to
   assist in the distribution of loans and grants from the Fund. The Committee
   shall review applications to the Fund and make recommendations on the
   disbursement of moneys from the Fund and any other appropriate issues to the
   Department, the Secretary of Natural and Historic Resources, and the Chief
   Resilience Officer of the Commonwealth. The Committee shall include
   representatives from the Department of Emergency Management, the Department of
   Environmental Quality, the Department of Housing and Community Development, a
   nonprofit group engaged in resilience efforts, the agriculture industry, the
   manufacturing industry, and the business community, the Virginia Director of
   the Chesapeake Bay Commission, and others as the Director deems appropriate.
   Appointed members of the Committee shall serve without compensation.

E. Localities, federally recognized tribes, and Virginia recognized tribes shall
use moneys from the Fund primarily for the purpose of implementing flood
prevention and protection projects and studies in areas that are subject to
recurrent flooding as confirmed by a locality-certified floodplain manager.
Moneys in the Fund may be used to mitigate future flood damage and to assist
inland and coastal communities across the Commonwealth that are subject to
recurrent or repetitive flooding. No less than 25 percent of the moneys
disbursed from the Fund each year shall be used for projects in low-income
geographic areas. Priority shall be given to projects that implement
community-scale hazard mitigation activities that use nature-based solutions to
reduce flood risk.

F. Any locality, federally recognized tribe, or Virginia recognized tribe is
authorized to secure a loan made pursuant to this section by placing a lien up
to the value of the loan against any property that benefits from the loan. Such
a lien shall be subordinate to each prior lien on such property, except prior
liens for which the prior lienholder executes a written subordination agreement,
in a form and substance acceptable to the prior lienholder in its sole and
exclusive discretion, that is recorded in the land records where the property is
located.

G. Any locality, federally recognized tribe, or Virginia recognized tribe using
moneys in the Fund to provide a loan for a project in a low-income geographic
area is authorized to forgive the principal of such loan. If a locality,
federally recognized tribe, or Virginia recognized tribe forgives the principal
of any such loan, any obligation of the locality, federally recognized tribe, or
Virginia recognized tribe to repay that principal to the Commonwealth shall not
be forgiven and such obligation shall remain in full force and effect. The total
amount of loans forgiven by all localities, federally recognized tribes, and
Virginia recognized tribes in a fiscal year shall not exceed 30 percent of the
amount appropriated in such fiscal year to the Fund by the General Assembly.

HISTORY: 2016, c. 762; 2020, cc. 1199, 1219, 1254, 1280; 2021, Sp. Sess. I, c.
401; 2024, c. 753; 2025, cc. 527, 542.