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VIRGINIA STATUTES AND CODES

32.1-171.2 - Water Supply Assistance Grant Fund established.

§ 32.1-171.2. Water Supply Assistance Grant Fund established.

A. There is hereby created in the state treasury a special nonreverting fundto be known as the Water Supply Assistance Grant Fund, hereafter referred toas "the Fund." The Fund shall be established on the books of theComptroller. All funds appropriated as matching funds for moneys availablethrough the federal Safe Drinking Water Act, all penalties and chargesdirected to this fund by §§ 32.1-27, 32.1-175.01 and 32.1-176, and all otherfunds from any public or private source directed to the Fund shall be paidinto the state treasury and credited to the Fund. Interest earned on moneysin the Fund shall remain in the Fund and be credited to it. Any moneysremaining in the Fund, including interest thereon, at the end of each fiscalyear 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 subsectionB. Expenditures and disbursements from the Fund shall be made by the StateTreasurer on warrants issued by the Comptroller upon written request signedby the Commissioner at the direction of the Board.

B. The Board shall utilize the moneys appropriated as matching funds for thatpurpose and, subject to other available funds, may make Water SupplyAssistance Grants from the Fund to localities and the owners of waterworks toassist in the provision of drinking water. The Board shall develop guidelinesestablishing the (i) criteria for grant eligibility, (ii) conditions to beincluded in grants, and (iii) grant distribution priorities. Among thefactors that shall be included in the criteria for grant eligibility and inthe grant distribution priorities shall be the financial condition of thelocality wherein a grant is sought.

C. The Administrative Process Act (§ 2.2-4000 et seq.) shall not apply to thedevelopment of guidelines for the Fund. However, the process for developmentof the guidelines by the Board shall include (i) the use of an advisorycommittee composed of interested parties, (ii) a minimum sixty-day publiccomment period on draft guidelines followed by a public hearing, (iii)written responses to all comments received, and (iv) notice of theavailability of draft guidelines and final guidelines to all who request suchnotice.

(1999, c. 786.)

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