SB1050: Natural Resources Commitment Fund; Dept. of Conservation, etc., to provide annual funding needed.


SENATE BILL NO. 1050
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Joint Conference Committee
on February 28, 2009)
(Patron Prior to Substitute--Senator Whipple)
A BILL to amend and reenact §§ 10.1-546.1 and 10.1-2128.1 of the Code of Virginia, relating to the Virginia Natural Resources Commitment Fund.

Be it enacted by the General Assembly of Virginia:

1.  That §§ 10.1-546.1 and 10.1-2128.1 of the Code of Virginia are amended and reenacted as follows:

§ 10.1-546.1. Delivery of Agricultural Best Management Practices Cost-Share Assistance Program.

Districts shall locally deliver the Commonwealth's Virginia Agricultural Best Management Practices Cost-Share Assistance Program described under § 10.1-2128.1, under the direction of the Department, as a means of promoting voluntary adoption of conservation management practices by farmers and land managers in support of the Department's nonpoint source pollution management program.

§ 10.1-2128.1. Virginia Natural Resources Commitment Fund established.

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Natural Resources Commitment Fund hereafter referred to as "the Subfund," which shall be a subfund of the Virginia Water Quality Improvement Fund and administered by the Department of Conservation and Recreation. The Subfund shall be established on the books of the Comptroller. All amounts appropriated and such other funds as may be made available to the Subfund from any other source, public or private, shall be paid into the state treasury and credited to the Subfund. Interest earned on moneys in the Subfund shall remain in the Subfund and be credited to it. Any moneys remaining in the Subfund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Subfund. Moneys in the Subfund shall be used as provided in subsection B solely for the purposes as described in subsection B Virginia Agricultural Best Management Practices Cost-Share Program administered by the Department of Conservation and Recreation.

B. Beginning on July 1, 2008, and continuing in each subsequent fiscal year until July 1, 2018, out of such amounts as may be appropriated and deposited to the Subfund, distributions shall be made in each fiscal year for the following purposes:

1. Five Eight percent of the total amount distributed to the Virginia Agricultural Best Management Practices Cost-Share Program shall be distributed to soil and water conservation districts to provide technical assistance for the implementation of such agricultural best management practices. Each soil and water conservation district in the Commonwealth shall receive a share according to a method employed by the Director of the Department of Conservation and Recreation in consultation with the Virginia Soil and Water Conservation Board, that accounts for the percentage of the available agricultural best management practices funding that will be received by the district from the Virginia Natural Resource Commitment Fund Subfund;

2. Fifty-seven Fifty-five percent of the total amount distributed to the Virginia Agricultural Best Management Practices Cost-Share Program shall be used for matching grants for agricultural best management practices on lands in the Commonwealth exclusively or partly within the Chesapeake Bay watershed; and

3. Thirty-eight Thirty-seven percent of the total amount distributed to the Virginia Agricultural Best Management Practices Cost-Share Program shall be used for matching grants for agricultural best management practices on all other lands in the Commonwealth exclusively outside of the Chesapeake Bay watershed in the Commonwealth.

C. The Department of Conservation and Recreation, in consultation with stakeholders, including representatives of the agricultural community, the conservation community, and the Soil and Water Conservation Districts, shall determine an annual funding amount for effective Soil and Water Conservation District technical assistance and implementation of agricultural best management practices pursuant to § 10.1-546.1. Pursuant to § 2.2-1504, the Department shall provide to the Governor the annual funding amount needed for each year of the ensuing biennial period. The Department shall report the annual funding amount to the Chairmen of the House Appropriations and Senate Finance Committees by October 15 of each year.   


SENATE BILL NO. 1050
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Appropriations
on February 23, 2009)
(Patron Prior to Substitute--Senator Whipple)
A BILL to amend and reenact §§ 2.2-1514, as is currently effective and as may become effective, 10.1-546.1, and 10.1-2128.1 of the Code of Virginia, relating to the Virginia Natural Resources Commitment Fund.

Be it enacted by the General Assembly of Virginia:

1.  That §§ 2.2-1514, as is currently effective and as may become effective, 10.1-546.1, and 10.1-2128.1 of the Code of Virginia are amended and reenacted as follows:

§ 2.2-1514. (Contingent expiration date - see Editor's notes) Designation of general fund for nonrecurring expenditures.

A. As used in this section:

"The Budget Bill" means the "The Budget Bill" submitted pursuant to § 2.2-1509, including any amendments to a general appropriation act pursuant to such section.

"Nonrecurring expenditures" means the acquisition or construction of capital outlay projects as defined in § 2.2-1518, the acquisition or construction of capital improvements, the acquisition of land, the acquisition of equipment, or other expenditures of a one-time nature as specified in the general appropriation act. Such term shall not include any expenditures relating to transportation, including but not limited to transportation maintenance.

B. At the end of each fiscal year, the Comptroller shall designate within his annual report pursuant to § 2.2-813 as follows: one-third of the remaining amount of the general fund balance that is not otherwise reserved or designated shall be designated by the Comptroller for nonrecurring expenditures, and two-thirds shall be designated for deposit into the Transportation Trust Fund. No such designation shall be made unless the full amounts required for other reserves or designations including, but not limited to, (i) the Revenue Stabilization Fund deposit pursuant to § 2.2-1829, (ii) the Virginia Water Quality Improvement Fund deposit pursuant to § 10.1-2128, but excluding any deposits provided under the Virginia Natural Resources Commitment Fund established under § 10.1-2128.1, (iii) capital outlay reappropriations pursuant to the general appropriation act, (iv) (a) operating expense reappropriations pursuant to the general appropriation act, and (b) reappropriations of unexpended appropriations to certain public institutions of higher education pursuant to § 2.2-5005, (v) pro rata rebate payments to certain public institutions of higher education pursuant to § 2.2-5005, (vi) the unappropriated balance anticipated in the general appropriation act for the end of such fiscal year, and (vii) interest payments on deposits of certain public institutions of higher education pursuant to § 2.2-5005 are set aside. The Comptroller shall set aside amounts required for clauses (iv) (b), (v), and (vii) beginning with the initial fiscal year as determined under § 2.2-5005 and for all fiscal years thereafter. Ten percent of the one-third of the remaining general fund balance designated by the Comptroller for non-recurring expenses shall be deposited into the Virginia Natural Resources Commitment Fund established under § 10.1-2128.1, Code of Virginia.

C. The Governor shall include in "The Budget Bill" pursuant to § 2.2-1509 recommended appropriations from the general fund or recommended amendments to general fund appropriations in the general appropriation act in effect at that time an amount for nonrecurring expenditures and an amount for deposit into the Transportation Trust Fund equal to the amounts designated by the Comptroller for such purposes pursuant to the provisions of subsection B. Such deposit to the Transportation Trust Fund shall not preclude the appropriation of additional amounts from the general fund for transportation purposes.

§ 2.2-1514. (Contingent effective date - see Editor's notes) Designation of general fund for nonrecurring expenditures.

A. As used in this section:

"The Budget Bill" means the "The Budget Bill" submitted pursuant to § 2.2-1509, including any amendments to a general appropriation act pursuant to such section.

"Nonrecurring expenditures" means the acquisition or construction of capital outlay projects as defined in § 2.2-1518, the acquisition or construction of capital improvements, the acquisition of land, the acquisition of equipment, or other expenditures of a one-time nature as specified in the general appropriation act.

B. At the end of each fiscal year, the Comptroller shall designate within his annual report pursuant to § 2.2-813 an amount for nonrecurring expenditures, which shall equal the remaining amount of the general fund balance that is not otherwise reserved or designated. No such designation shall be made unless the full amounts required for other reserves or designations including, but not limited to, (i) the Revenue Stabilization Fund deposit pursuant to § 2.2-1829, (ii) the Virginia Water Quality Improvement Fund deposit pursuant to § 10.1-2128, but excluding any deposits provided under the Virginia Natural Resources Commitment Fund established under § 10.1-2128.1, (iii) capital outlay reappropriations pursuant to the general appropriation act, (iv) (a) operating expense reappropriations pursuant to the general appropriation act, and (b) reappropriations of unexpended appropriations to certain public institutions of higher education pursuant to § 2.2-5005, (v) pro rata rebate payments to certain public institutions of higher education pursuant to § 2.2-5005, (vi) the unappropriated balance anticipated in the general appropriation act for the end of such fiscal year, and (vii) interest payments on deposits of certain public institutions of higher education pursuant to § 2.2-5005 are set aside. The Comptroller shall set aside amounts required for clauses (iv) (b), (v), and (vii) beginning with the initial fiscal year as determined under § 2.2-5005 and for all fiscal years thereafter. Ten percent of the one-third of the remaining general fund balance designated by the Comptroller for non-recurring expenses shall be deposited into the Virginia Natural Resources Commitment Fund established under § 10.1-2128.1, Code of Virginia.

C. The Governor shall include in "The Budget Bill" pursuant to § 2.2-1509 recommended appropriations from the general fund or recommended amendments to general fund appropriations in the general appropriation act in effect at that time an amount for nonrecurring expenditures equal to the amount designated by the Comptroller for such purpose pursuant to the provisions of subsection B of this section.

§ 10.1-546.1. Delivery of Agricultural Best Management Practices Cost-Share Program.

Districts shall locally deliver the Commonwealth's  Virginia Agricultural Best Management Practices Cost-Share Assistance Program described under 10.1-2128.1, under the direction of the Department, as a means of promoting voluntary adoption of conservation management practices by farmers and land managers in support of the Department's nonpoint source pollution management program.

§ 10.1-2128.1. Virginia Natural Resources Commitment Fund established.

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Natural Resources Commitment Fund hereafter referred to as "the Subfund," which shall be a subfund of the Virginia Water Quality Improvement Fund and administered by the Department of Conservation and Recreation. The Subfund shall be established on the books of the Comptroller. All amounts appropriated and such other funds as may be made available to the Subfund from any other source, public or private, shall be paid into the state treasury and credited to the Subfund. Interest earned on moneys in the Subfund shall remain in the Subfund and be credited to it. Any moneys remaining in the Subfund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Subfund. Moneys in the Subfund shall be used as provided in subsection B solely for the purposes as described in subsection B Virginia Agricultural Best Management Practices Cost-Share Program administered by the Department of Conservation and Recreation.

B. Beginning on July 1, 2008, and continuing in each subsequent fiscal year until July 1, 2018, out of such amounts as may be appropriated and deposited to the Subfund, distributions shall be made in each fiscal year for the following purposes:

1. Five Eight percent of the total amount distributed to the Virginia Agricultural Best Management Practices Cost-Share Program shall be distributed to soil and water conservation districts to provide technical assistance for the implementation of such agricultural best management practices. Each soil and water conservation district in the Commonwealth shall receive a share according to a method employed by the Director of the Department of Conservation and Recreation in consultation with the Virginia Soil and Water Conservation Board, that accounts for the percentage of the available agricultural best management practices funding that will be received by the district from the Virginia Natural Resource Commitment Fund Subfund;

2. Fifty-sevenFifty-five percent of the total amount distributed to the Virginia Agricultural Best Management Practices Cost-Share Program shall be used for matching grants for agricultural best management practices on lands in the Commonwealth  exclusively, or partly, within the Chesapeake Bay watershed; and

3. Thirty-eight Thirty-seven percent of the total amount distributed to the Virginia Agricultural Best Management Practices Cost-Share Program shall be used for matching grants for agricultural best management practices on all other lands in the Commonwealth exclusively outside of the Chesapeake Bay watershed in the Commonwealth.


SENATE BILL NO. 1050
Senate Amendments in [ ] February 10, 2009
A BILL to amend and reenact 10.1-546.1 and 10.1-2128.1 of the Code of Virginia, relating to the Virginia Natural Resources Commitment Fund.
Patrons Prior to EngrossmentSenators Whipple and Ticer; Delegates: Brink, Ebbin, Eisenberg and Landes

Referred to Committee on Agriculture, Conservation and Natural Resources

Be it enacted by the General Assembly of Virginia:

1.  That 10.1-546.1 and 10.1-2128.1 of the Code of Virginia are amended and reenacted as follows:

10.1-546.1. Delivery of Virginia Agricultural Best Management Practices Cost-Share Program.

Districts shall locally deliver the Commonwealth's Virginia Agricultural Best Management Practices Cost-Share Assistance Program described under 10.1-2128.1, under the direction of the Department, as a means of promoting voluntary adoption of conservation management practices by farmers and land managers in support of the Department's nonpoint source pollution management program.

10.1-2128.1. Virginia Natural Resources Commitment Fund established.

A. There In order to provide dedicated funding for agricultural best management practices, there is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Natural Resources Commitment Fund hereafter referred to as "the Subfund," which shall be a subfund of the Virginia Water Quality Improvement Fund and administered by the Department of Conservation and Recreation. The Subfund shall be established on the books of the Comptroller. All amounts appropriated and such other funds as may be made available to the Subfund from any other source, public or private, shall be paid into the state treasury and credited to the Subfund. Interest earned on moneys in the Subfund shall remain in the Subfund and be credited to it. Any moneys remaining in the Subfund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Subfund. Moneys in the Subfund shall be used as provided in subsection B solely for the purposes as described in subsection B Virginia Agricultural Best Management Practices Cost-Share Program administered by the Department of Conservation and Recreation.

B. Beginning on July 1, 2008, and continuing in each subsequent fiscal year until July 1, 2018, out of such amounts as may be appropriated and deposited to the Subfund, distributions shall be made in each fiscal year for the following purposes:

1. FiveEight percent of the total amount distributed to the Virginia Agricultural Best Management Practices Cost-Share Program shall be distributed to soil and water conservation districts to provide technical assistance for the implementation of such agricultural best management practices. Each soil and water conservation district in the Commonwealth shall receive a share according to a method employed by the Director of the Department of Conservation and Recreation in consultation with the Virginia Soil and Water Conservation Board, that accounts for the percentage of the available agricultural best management practices funding that will be received by the district from the Virginia Natural Resource Commitment Fund Subfund;

2. Fifty-sevenFifty-five percent of the total amount distributed to the Virginia Agricultural Best Management Practices Cost-Share Program shall be used for matching grants for agricultural best management practices on lands in the Commonwealth exclusively, or partly, within the Chesapeake Bay watershed; and

3. Thirty-eightThirty-seven percent of the total amount distributed to the Virginia Agricultural Best Management Practices Cost-Share Program shall be used for matching grants for agricultural best management practices on all other lands in the Commonwealth exclusively outside of the Chesapeake Bay watershed in the Commonwealth.

C. Beginning with the Commonwealth's fiscal year starting on July 1, 2010, and for each fiscal year thereafter, the Governor shall propose appropriations to the credit of the Subfund in an aggregate amount that is not less than (i) the product of 1.5 and the greatest, aggregate appropriation to the Subfund included in any act of the General Assembly enacted prior to the beginning of the fiscal year or (ii) $30 million, whichever is greater [ , provided that each proposed annual appropriation shall not exceed $50 million ] . The Governor shall include the proposed appropriations to the credit of the Subfund in "The Budget Bill" pursuant to subsection A of 2.2-1509 or in his proposed gubernatorial amendments to the general appropriation act pursuant to subsection E of 2.2-1509, as applicable.   

SENATE BILL NO. 1050
Offered January 14, 2009
Prefiled January 13, 2009
A BILL to amend and reenact 10.1-546.1 and 10.1-2128.1 of the Code of Virginia, relating to the Virginia Natural Resources Commitment Fund.
Patrons-- Whipple and Ticer; Delegates: Brink, Ebbin and Eisenberg

Referred to Committee on Agriculture, Conservation and Natural Resources

Be it enacted by the General Assembly of Virginia:

1. That 10.1-546.1 and 10.1-2128.1 of the Code of Virginia are amended and reenacted as follows:

10.1-546.1. Delivery of Virginia Agricultural Best Management Practices Cost-Share Program.

Districts shall locally deliver the Commonwealth's Virginia Agricultural Best Management Practices Cost-Share Assistance Program described under 10.1-2128.1, under the direction of the Department, as a means of promoting voluntary adoption of conservation management practices by farmers and land managers in support of the Department's nonpoint source pollution management program.

10.1-2128.1. Virginia Natural Resources Commitment Fund established.

A. There In order to provide dedicated funding for agricultural best management practices, there is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Natural Resources Commitment Fund hereafter referred to as "the Subfund," which shall be a subfund of the Virginia Water Quality Improvement Fund and administered by the Department of Conservation and Recreation. The Subfund shall be established on the books of the Comptroller. All amounts appropriated and such other funds as may be made available to the Subfund from any other source, public or private, shall be paid into the state treasury and credited to the Subfund. Interest earned on moneys in the Subfund shall remain in the Subfund and be credited to it. Any moneys remaining in the Subfund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Subfund. Moneys in the Subfund shall be used as provided in subsection B solely for the purposes as described in subsection B Virginia Agricultural Best Management Practices Cost-Share Program administered by the Department of Conservation and Recreation.

B. Beginning on July 1, 2008, and continuing in each subsequent fiscal year until July 1, 2018, out of such amounts as may be appropriated and deposited to the Subfund, distributions shall be made in each fiscal year for the following purposes:

1. FiveEight percent of the total amount distributed to the Virginia Agricultural Best Management Practices Cost-Share Program shall be distributed to soil and water conservation districts to provide technical assistance for the implementation of such agricultural best management practices. Each soil and water conservation district in the Commonwealth shall receive a share according to a method employed by the Director of the Department of Conservation and Recreation in consultation with the Virginia Soil and Water Conservation Board, that accounts for the percentage of the available agricultural best management practices funding that will be received by the district from the Virginia Natural Resource Commitment Fund Subfund;

2. Fifty-sevenFifty-five percent of the total amount distributed to the Virginia Agricultural Best Management Practices Cost-Share Program shall be used for matching grants for agricultural best management practices on lands in the Commonwealth exclusively, or partly, within the Chesapeake Bay watershed; and

3. Thirty-eightThirty-seven percent of the total amount distributed to the Virginia Agricultural Best Management Practices Cost-Share Program shall be used for matching grants for agricultural best management practices on all other lands in the Commonwealth exclusively outside of the Chesapeake Bay watershed in the Commonwealth.

C. Beginning with the Commonwealth's fiscal year starting on July 1, 2010, and for each fiscal year thereafter, the Governor shall propose appropriations to the credit of the Subfund in an aggregate amount that is not less than (i) the product of 1.5 and the greatest, aggregate appropriation to the Subfund included in any act of the General Assembly enacted prior to the beginning of the fiscal year or (ii) $30 million, whichever is greater. The Governor shall include the proposed appropriations to the credit of the Subfund in "The Budget Bill" pursuant to subsection A of 2.2-1509 or in his proposed gubernatorial amendments to the general appropriation act pursuant to subsection E of 2.2-1509, as applicable.