A. In addition to the appropriation in this Item, the Governor may authorize the expenditure of funds from the unappropriated general fund balance in this act to continue the environmental cleanup of the Commonwealth's Emergency Fuel Storage Facility located in York County. However, no such expenditure shall be authorized unless agreement is first reached with the federal government concerning its financial and other liability responsibilities related to such cleanup and a report of such agreement is provided to the Chairmen of the House Appropriations and Senate Finance Committees.

B. The Department of Emergency Services is hereby authorized to enter into a development and lease agreement with the Counties of James City and York, and the Cities of Newport News, Poquoson, and Hampton, the agents or instrumentalities thereof, to develop a regional fire training center on the property of the above cited storage facility. The agreement shall be subject to the following terms and conditions.

1. The lease shall stipulate that the localities shall provide the necessary infrastructure to accommodate the facility and all costs incident to providing the subject facility.

2. Prior to the execution of the lease agreement, the lease shall be approved by the Office of the Attorney General. The Office of the Attorney General shall certify that all liability issues have been resolved.

3. The lease agreement shall be approved by the Governor, consistent with the provisions of § 2.1-504.3, Code of Virginia.