351#1s (DCR) Dam Safety Regulations. SB30 - Member Request

State Budget

2010 Session

Budget Amendments - SB30 (Member Request)

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Chief Patron: Houck
Dam Safety Regulations (language only)

Item 351 #1s

Item 351 #1s
Natural Resources
Conservation and Recreation, Department of

Language
Page 242, after line 18, insert:
"J. Until such time as adequate funding is available through the Dam Safety, Flood Prevention and Protection Assistance Fund established pursuant to
§ 10.1-603.17, the Soil and Water Conservation Board shall continue to issue conditional operation and maintenance certificates for any existing impoundment that does not comply with current dam safety regulations so long as the owner of the impoundment has an emergency action plan in place pursuant to 4 VAC 50-20-175.)

Explanation
(This amendment requires the Soil and Water Conservation Board to continue to issue conditional operation and maintenance certificates for dams that were constructed prior to the adoption of the current dam safety regulations, as long as they maintain and annually practice an emergency action plan as required by the Virginia Administrative Code, until such time as there is adequate funding available to assist dam owners in making upgrades necessary to meet the new regulations.)

Item 351

Item 351	First Year - FY2011	Second Year - FY2012
Land and Resource Management (50300)	$67,590,053	$67,590,053
Statewide Agricultural and Urban Nonpoint Source Water Quality Improvements (50301)	FY2011 $58,618,458	FY2012 $58,618,458
Dam Inventory, Evaluation and Classification and Flood Plain Management (50314)	FY2011 $1,542,213	FY2012 $1,542,213
Natural Heritage Preservation and Management (50317)	FY2011 $3,178,567	FY2012 $3,178,567
Financial Assistance to Soil and Water Conservation Districts (50320)	FY2011 $3,487,091	FY2012 $3,487,091
Technical and Financial Assistance for Land Management (50322)	FY2011 $763,724	FY2012 $763,724
Fund Sources:
General	FY2011 $16,639,249	FY2012 $16,639,249
Special	FY2011 $3,503,940	FY2012 $3,503,940
Dedicated Special Revenue	FY2011 $39,422,136	FY2012 $39,422,136
Federal Trust	FY2011 $8,024,728	FY2012 $8,024,728

Authority: Title 10.1, Chapters 1, 5, 6, 7, and 21.1; Title 62.1, Chapter 3.1, Code of Virginia.

A. The funds provided in this Item for the Soil and Water Conservation Districts shall be distributed to the greatest extent possible to the districts in accordance with program, financial and resource allocation policies established by the Soil and Water Conservation Board. The June 30, 2011, and June 30, 2012, unexpended general fund balances in Financial Assistance to Soil and Water Conservation Districts are hereby reappropriated.

B. It is the intent of the General Assembly that balances in Statewide Agricultural and Urban Nonpoint Source Water Quality Improvements be used for the Commonwealth's statewide match for participation in the federal Conservation Reserve Program. Any unexpended general fund balance designated for Virginia's Conservation Reserve Enhancement Program remaining on June 30, 2011, and June 30, 2012, shall be reappropriated.

C.1. It is the intent of the General Assembly that all interest earnings of the Water Quality Improvement Fund shall be spent only upon appropriation by the General Assembly, after the recommendation of the Secretary of Natural Resources, pursuant to § 10.1-2129, Code of Virginia.

2. Notwithstanding the provisions of §§ 10.1-2128,10.1-2129, and § 10.1-2128.1 it is the intent of the General Assembly that the Department of Conservation and Recreation use interest earnings from the Water Quality Improvement Fund and the Virginia Natural Resources Commitment Fund to support one position to administer grants from the fund.

D. Included in this Item is $8,500 the first year and $8,500 the second year from the general fund to support the Rappahannock River Basin Commission. The funds shall be matched by the participating localities and planning district commissions.

E. Notwithstanding § 10.1-552, Code of Virginia, Soil and Water Conservation Districts are hereby authorized to recover a portion of the direct costs of services rendered to landowners within the district and to recover a portion of the cost for use of district-owned conservation equipment. Such recoveries shall not exceed the amounts expended by a district on these services and equipment.

F. Out of the amounts appropriated for Dam Inventory, Evaluation, and Classification and Flood Plain Management, $600,000 the first year and $600,000 the second year from the general fund shall be deposited to the Dam Safety, Flood Prevention and Protection Fund, established pursuant § 10.1-603.17, Code of Virginia. The funding provided in this paragraph shall be used for the provision of either grants or loans to localities owning dams in need of renovation and repair or for the provision of loans to private owners of dams in need of renovation and repair.

G. It is the intent of the General Assembly, that notwithstanding the provisions of § 10.1-2132, Code of Virginia, the Department of Conservation and Recreation is authorized to make Water Quality Improvement Grants to state agencies.

H.1. Included in the amounts for Statewide Agricultural and Urban Nonpoint Source Water Quality Improvement is $5,000,000 the first year and $5,000,000 the second year from the general fund to be deposited to the Virginia Natural Resources Commitment Fund, a subfund of the Virginia Water Quality Improvement Fund, as established in § 10.1-2128.1, Code of Virginia. The funds shall be dispersed pursuant to § 10.1-2128.1, Code of Virginia.

2. The source of an amount estimated at $9,100,000 the first year and $9,100,000 the second year to support the nongeneral fund appropriation to the Virginia Natural Resources Commitment fund shall be the recordation tax fee established in Part 3 of this Act.

I.1. Notwithstanding § 10.1-564, Code of Virginia, public institutions of higher education, including community colleges, colleges, and universities, shall be subject to project review and compliance for state erosion and sediment control requirements by the local program authority of the locality within which the land disturbing activity is located, unless such institution submits annual specifications to the Department of Conservation and Recreation, in accordance with § 10.1-564 A (i, Code of Virginia.

2. The Virginia Soil and Water Conservation Board is authorized to amend the Erosion and Sediment Control Regulations (4 VAC 50-30 et seq.) to conform such regulations with this project review requirement and to clarify the process. These amendments shall be exempt from Article 2 (§2.2-4006 et seq.) of the Administrative Process Act.