                                 CODE OF VIRGINIA

STORMWATER LOCAL ASSISTANCE FUND (§ 62.1-44.15:29.1)

A. The State Comptroller shall continue in the state treasury the Stormwater
Local Assistance Fund (the Fund) established by Chapter 806 of the Acts of
Assembly of 2013, which shall be administered by the Department. All civil
penalties and civil charges collected by the Board pursuant to &#xA7;&#xA7;
62.1-44.15:25, 62.1-44.15:48, 62.1-44.15:63, and 62.1-44.15:74, subdivision (19)
of &#xA7; 62.1-44.15, and &#xA7; 62.1-44.19:22 shall be paid into the state
treasury and credited to the Fund, together with such other funds as may be made
available to the Fund, which shall also receive bond proceeds from bonds
authorized by the General Assembly, sums appropriated to it by the General
Assembly, and other grants, gifts, and moneys as may be made available to it
from any other source, public or private. 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.

B. The purpose of the Fund is to provide matching grants to local governments
for the planning, design, and implementation of stormwater best management
practices that address cost efficiency and commitments related to reducing water
quality pollutant loads. Moneys in the Fund shall be used to meet (i)
obligations related to the Chesapeake Bay total maximum daily load (TMDL)
requirements, (ii) requirements for local impaired stream TMDLs, (iii) water
quality measures of the Chesapeake Bay Watershed Implementation Plan, and (iv)
water quality requirements related to the permitting of small municipal separate
storm sewer systems. The grants shall be used solely for stormwater capital
projects, including (a) new stormwater best management practices, (b) stormwater
best management practice retrofitting or maintenance, (c) stream restoration,
(d) low-impact development projects, (e) buffer restoration, (f) pond
retrofitting, and (g) wetlands restoration. Such grants shall be made in
accordance with eligibility determinations made by the Department pursuant to
criteria established by the Board. Grants awarded for projects related to
Chesapeake Bay TMDL requirements may take into account total phosphorus
reductions or total nitrogen reductions. Grants awarded for eligible projects in
localities with high or above average fiscal stress as reported by the
Commission on Local Government may account for more than 50 percent of the costs
of a project.

C. Moneys in the Fund shall be used solely for the purpose set forth herein and
disbursements from it shall be made by the State Treasurer on warrants issued by
the Comptroller upon written request signed by the Director.

HISTORY: 2016, cc. 68, 758; 2021, Sp. Sess. I, c. 385.