Authority: Title 15.2, Chapter 13, Article 3 and Chapter 42; Title 36, Chapters 8, 10 and 11; and Title 59.1, Chapter 22, Code of Virginia.
A. This appropriation includes annual membership dues to the Appalachian Regional Commission, $287,000 the first year and $287,000 the second year, from the general fund. These dues are payable from the amounts for Community Development and Revitalization.
B.1. Any unexpended balances in the Indoor Plumbing Program at the close of business on June 30, 2009 and June 30, 2010 shall not revert to the general fund, but shall be carried forward and reappropriated.
2. The Department and local program administrators shall make every reasonable effort to provide participants basic financial counseling to enhance their ability to benefit from the Indoor Plumbing Program and to foster their movement to economic self-sufficiency.
C. Out of the amounts for Community Development Services shall be paid from the general fund in four equal quarterly installments each year:
1. To the Lenowisco Planning District Commission, $120,346 the first year and $111,062 the second year, which includes $38,610 the first year and $38,610 the second year for responsibilities originally undertaken and continued pursuant to § 15.2-4207, Code of Virginia, and the Virginia Coalfield Economic Development Authority.
2. To the Cumberland Plateau Planning District Commission, $123,883 the first year and $114,326 the second year, which includes $42,390 the first year and $42,390 the second year for responsibilities originally undertaken and continued pursuant to § 15.2-4207, Code of Virginia, and the Virginia Coalfield Economic Development Authority.
3. To the Mount Rogers Planning District Commission, $84,217 the first year and $77,720 the second year.
4. To the New River Valley Planning District Commission, $84,217 the first year and $77,720 the second year.
5. To the Roanoke Valley-Alleghany Regional Commission, $84,217 the first year and $77,720 the second year.
6. To the Central Shenandoah Planning District Commission, $84,217 the first year and $77,720 the second year.
7. To the Northern Shenandoah Valley Regional Commission, $84,217 the first year and $77,720 the second year.
8. To the Northern Virginia Regional Commission, $283,998 the first year and $262,087 the second year.
9. To the Rappahannock-Rapidan Regional Commission, $84,217 the first year and $77,720 the second year.
10. To the Thomas Jefferson Planning District Commission, $84,217 the first year and $77,720 the second year.
11. To the Region 2000 Local Government Council, $84,217 the first year and $77,720 the second year.
12. To the West Piedmont Planning District Commission, $84,217 the first year and $77,720 the second year.
13. To the Southside Planning District Commission, $84,217 the first year and $77,720 the second year.
14. To the Commonwealth Regional Council, $84,217 the first year and $77,720 the second year.
15. To the Richmond Regional Planning District Commission, $154,656 the first year and $142,725 the second year.
16. To the George Washington Regional Commission, $84,217 the first year and $77,720 the second year.
17. To the Northern Neck Planning District Commission, $84,217 the first year and $77,720 the second year.
18. To the Middle Peninsula Planning District Commission, $84,217 the first year and $77,720 the second year.
19. To the Crater Planning District Commission, $84,217 the first year and $77,720 the second year.
20. To the Accomack-Northampton Planning District Commission, $84,217 the first year and $77,720 the second year.
21. To the Hampton Roads Planning District Commission $275,104 the first year, and $253,879 the second year.
D. Out of the amounts provided to the Department shall be provided $1,462,956 the first year and $1,262,487 the second year from the general fund for the Southeast Rural Community Assistance Project (formerly known as the Virginia Water Project) operating costs and water and wastewater grants. The Department shall disburse the total payment each year in twelve equal monthly installments.
E. Any remaining balances in the Virginia Enterprise Initiative shall not revert to the general fund, but shall be carried forward and reappropriated.
F. 1. Out of the amounts in this Item shall be provided $95,000 the first year and $95,000 the second year from the general fund for the Center for Rural Virginia. The department shall report periodically to the Chairmen of the Senate Finance and House Appropriations Committees on the status, needs and accomplishments of the Center.
2. Out of the amounts in this item $25,000 in the first year from the general fund shall be available to the Center for Rural Virginia, contingent upon receipt of private foundation and/or non-profit grants for community development activities in rural communities.
3. As part of its mission, the Center for Rural Virginia shall monitor the implementation of the budget initiatives approved by the 2005 Session of the General Assembly for rural Virginia and shall report periodically to the Chairmen of the Senate Finance and House Appropriations Committees on the effectiveness of these various programs in addressing rural economic development problems. Any unexpended balance for the Center for Rural Virginia at the close of business on June 30, 2009, and June 30, 2010, shall not revert to the general fund but shall be carried forward and reappropriated.
G. Any unexpended balances to pay the capital costs for safe drinking water and wastewater treatment in the Lenowisco, Cumberland Plateau, or Mount Rogers planning districts on June 30, 2009, and June 30, 2010, shall not revert to the general fund but shall be carried forward, reappropriated, and allotted. The department shall leverage the appropriation with other state moneys, federal grants or loans, local contributions, and private or nonprofit resources.
H.1. Out of the amounts for Community Development Services shall be provided $50,000 the first year from the general fund to support a community development financial institution to provide business and housing loans in distressed communities and to distressed populations.
2. The Director, Department of Housing and Community Development, and another appointee of the Governor shall serve as members of the board of directors of the community development financial institution.
I. Any unexpended balances on June 30, 2009 and June 30, 2010, from the amount appropriated in Item 112.10, paragraph D of Chapter 951 of the Acts of Assembly of 2005 for two regional consortium grants to support specifically identified current and future workforce training needs of existing businesses in distressed regions of the state shall not revert to the general fund but shall be carried forward and reappropriated.
J. Any unexpended balances on June 30, 2009 and June 30, 2010. from amounts appropriated in Item 112.10, paragraph F and Item 506, paragraph V of Chapter 951 of the Acts of Assembly of 2005 to develop regional artisan centers shall not revert to the general fund but shall be carried forward and reappropriated.
K. Out of the amounts for Community Development Services shall be provided $71,250 the first year and $71,250 the second year from the general fund to support The Crooked Road: Virginia's Heritage Music Trail.
L.1. Out of the amounts in this item shall be provided $828,688 in the first year and $1,556,934 in the second year from the general fund for the Commonwealth's share of the estimated operating expenses of the Fort Monroe Federal Area Development Authority. The FY 2009 appropriation represents 75 percent of the authority's estimated fiscal year 2009 operating expenses that may not be reimbursed by the federal government and shall be reduced by any federal funding the authority may receive for expenditures within the 75 percent estimate that may ultimately qualify for federal reimbursement. The Governor shall restore $1,556,934 the second year for this item from funds received by the Commonwealth from the flexible fund component of the State Fiscal Stabilization Fund authorized under the American Recovery and Reinvestment Act of 2009. The FY 2010 appropriation represents 50 percent of the authority's estimated FY 2010 operating expenses. Amounts for this purpose shall be paid from the general fund in no more than four quarterly installments.
2. During FY 2009, the Department of Housing and Community Development is authorized to act as fiscal agent for the Fort Monroe Federal Area Development Authority (FMFADA) created pursuant to § 15.2–6304.1, Code of Virginia (Chapters 707 and 740 of the Acts of Assembly of 2007). As fiscal agent, the department is authorized to conduct payroll, fiscal, procurement, and any other business activities requested by the Board of Commissioners for the FMFADA that are necessary to support the administration of the FMFADA. When acting in its capacity as fiscal agent for the FMFADA, the department shall have discretion regarding the transactions it performs on behalf of the FMFADA. Further, the department may employ staff on behalf of the FMFADA as requested by the Board of Commissioners for the FMFADA. Any such employees shall be placed in restricted positions and shall serve at the pleasure of the Board of Commissioners for the FMFADA.
3. The Board of Commissioners for the FMFADA shall develop and adopt a plan, to include the applicable policies and procedures, for the FMFADA to conduct payroll, fiscal, procurement, human resources, and any other business activities of the FMFADA beginning July 1, 2009. Contingent upon the adoption and implementation of such a plan by the Board of Commissioners, beginning July 1, 2009, the Department of Housing and Community Development will no longer act as fiscal agent for the FMFADA. Beginning July 1, 2009, all moneys of the FMFADA, from whatever source derived, shall be paid to the treasurer of the FMFADA. The Auditor of Public Accounts or his legally authorized representatives, shall annually examine the accounts of the books of the FMFADA.
4. Employees of the FMFADA shall be eligible for membership in the Virginia Retirement System and participation in all of the health and related insurance and other benefits, including premium conversion and flexible benefits, available to state employees as provided by law.
5. For the purposes of § 2.2-2708, the board of commissioners of the Fort Monroe Federal Area Development Authority created pursuant to § 15.1-6304.1 shall be deemed a state public body and may meet by electronic communication means in accordance with the requirements set forth in § 2.2-3708. Electronic communication shall mean the same as that term is defined in § 2.2-3701.
M. Included in this appropriation is $7,000,000 the first year and $7,000,000 the second year from the Water Quality Improvement Fund for grants to communities located outside the Chesapeake Bay watershed for: 1) the construction of mandated water quality improvement facilities at publicly owned treatment works for projects that would otherwise result in a financial hardship for the residential users of the facilities; 2) the design and construction of managed on-site community wastewater treatment systems in isolated areas that cannot be addressed through active treatment facilities; and 3) planning grants to develop regional or county wide wastewater treatment strategies in areas that have not previously completed planning and engineering studies. Priority will be given to the elimination of straight piping of household wastewater into the Commonwealth's waterways. The Department shall leverage the appropriation with other state moneys, federal grants or loans, local contributions, and private or nonprofit resources. Out of the amounts appropriated in this paragraph, up to $500,000 the first year from the amounts transferred from the Water Quality Improvement Fund shall be designated for Wise County to support construction of wastewater treatment facilities to serve the Remote Area Medical (RAM).
N. Included in this item is $197,000 the first year from the general fund for the Commonwealth Regional Council for regional economic development efforts.
O. Included in this item is $94,067 in the first year and $86,810 in the second year from the general fund for the Lenowisco Planning District Commission.
P. Included in this item is $29,550 in the first year and $27,270 in the second year from the general fund for the George Washington Regional Commission.
Q. Included in this item is $29,550 in the first year and $27,270 in the second year from the general fund for the Rappahannock-Rapidan Regional Commission.
R. Included in this item is $166,957 in the first year and $154,076 in the second year from the general fund for the Northern Virginia Regional Commission.