                                 CODE OF VIRGINIA

WATER SUPPLY ASSISTANCE GRANT FUND ESTABLISHED (§ 32.1-171.2)

A. There is hereby created in the state treasury a special nonreverting fund to
be known as the Water Supply Assistance Grant Fund, hereafter referred to as
&#8220;the Fund.&#8221; The Fund shall be established on the books of the
Comptroller. All funds appropriated as matching funds for moneys available
through the federal Safe Drinking Water Act, all penalties and charges directed
to this fund by &#xA7;&#xA7; 32.1-27, 32.1-175.01 and 32.1-176, and all other
funds from any public or private source directed to the Fund shall be paid into
the state treasury and credited 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 interest thereon, at the end of each fiscal year shall not
revert to the general fund but shall remain in the Fund. Moneys in the Fund
shall be used solely for the purposes found in subsection B. Expenditures and
disbursements from the Fund shall be made by the State Treasurer on warrants
issued by the Comptroller upon written request signed by the Commissioner at the
direction of the Board.

B. The Board shall utilize the moneys appropriated as matching funds for that
purpose and, subject to other available funds, may make Water Supply Assistance
Grants from the Fund to localities and the owners of waterworks to assist in the
provision of drinking water. The Board shall develop guidelines establishing the
(i) criteria for grant eligibility, (ii) conditions to be included in grants,
and (iii) grant distribution priorities. Among the factors that shall be
included in the criteria for grant eligibility and in the grant distribution
priorities shall be the financial condition of the locality wherein a grant is
sought.

C. The Administrative Process Act (&#xA7; 2.2-4000 et seq.) shall not apply to
the development of guidelines for the Fund. However, the process for development
of the guidelines by the Board shall include (i) the use of an advisory
committee composed of interested parties, (ii) a minimum sixty-day public
comment period on draft guidelines followed by a public hearing, (iii) written
responses to all comments received, and (iv) notice of the availability of draft
guidelines and final guidelines to all who request such notice.

HISTORY: 1999, c. 786.