A. As used in this section, "Enhanced Nutrient Removal Certainty Program" or "ENRC Program" means the same as that term is defined in § 62.1-44.19:13.
B. The General Assembly shall fund grants to finance the reasonable costs of design and installation of nutrient removal technology at the publicly owned treatment works designated as significant dischargers contained in subsection F or as eligible nonsignificant dischargers as defined in § 10.1-2117. When grant disbursements pursuant to this section reach a sum sufficient to fund the completion of the ENRC Program at all publicly owned treatment works, the House Committee on Agriculture, Chesapeake and Natural Resources, the House Committee on Appropriations, the Senate Committee on Agriculture, Conservation and Natural Resources, and the Senate Committee on Finance and Appropriations shall review (i) the future funding needs to meet the purposes of the Water Quality Improvement Act, (ii) the most recent annual needs estimate required by § 10.1-2134.1, and (iii) the appropriate funding mechanism for such needs.
C. The disbursement of grants for the design and installation of nutrient removal technology at those publicly owned treatment works included in subsection F and eligible nonsignificant dischargers shall be made monthly based on a requisition submitted by the grant recipient in the form requested by the Department. Each requisition shall include written certification that the applicable local share of the cost of nutrient removal technology for that portion of the project covered by such requisition has been incurred or expended. Except as may otherwise be approved by the Department, disbursements shall not exceed 95 percent of the total grant amount until satisfactory completion of the project. The distribution of the grants shall be effected by one of the following methods:
1. In payments to be paid by the State Treasurer out of funds appropriated to the Water Quality Improvement Fund pursuant to § 10.1-2131;
2. Over a specified time through a contractual agreement entered into by the Treasury Board and approved by the Governor, on behalf of the Commonwealth, and the locality or public service authority undertaking the design and installation of nutrient removal technology, such payments to be paid by the State Treasurer out of funds appropriated to the Treasury Board; or
3. In payments to be paid by the State Treasurer upon request of the Director out of proceeds from bonds issued by the Virginia Public Building Authority, in consultation with the Department, pursuant to §§ 2.2-2261, 2.2-2263, and 2.2-2264, including the Commonwealth's share of the interest costs expended by the locality or regional authority for financing such project during the period from 50 percent completion of construction to final completion of construction.
D. The General Assembly has the sole authority to determine whether disbursement shall be made pursuant to subdivision C 1, 2, or 3, or a combination thereof, provided that a disbursement shall be made pursuant to subdivision C 3 only upon a certification by the Department that project grant reimbursements for the fiscal year will exceed the available funds in the Water Quality Improvement Fund.
E. Exclusive of any deposits made pursuant to § 10.1-2128, the grants awarded pursuant to this section shall include such appropriations as provided from time to time in the appropriation act or any amendments thereto.
F. The disbursement of grants to finance the costs of design and installation of nutrient removal technology, including eligible design and installation costs for implementation of the ENRC Program, at the following listed publicly owned treatment works and other eligible nonsignificant dischargers shall be provided pursuant to the distribution methodology included in § 10.1-2131. The notation "WIP3-N" or "WIP3-P" indicates that a facility is subject to additional requirements for total nitrogen or total phosphorus, respectively, under the ENRC Program. In no case shall any publicly owned treatment works receive a grant of less than 35 percent of the costs of the design and installation of nutrient removal technology.
| FACILITY NAME | OWNER |
| Shenandoah - Potomac River Basin | |
| ACSA-Fishersville STP | Augusta County Service Authority |
| Luray STP | Town of Luray |
| ACSA-Middle River Regional STP | Augusta County Service Authority |
| HRRSA-North River WWTF WIP3-P | Harrisonburg-Rockingham Regional Sewer Authority |
| ACSA-Stuarts Draft STP | Augusta County Service Authority |
| Waynesboro STP | City of Waynesboro |
| ACSA-Weyers Cave STP | Augusta County Service Authority |
| Berryville STP | Town of Berryville |
| Front Royal STP | Town of Front Royal |
| Mount Jackson STP | Town of Mount Jackson |
| New Market STP | Town of New Market |
| Shenandoah Co.-North Fork Regional WWTP | Shenandoah County |
| Stoney Creek Sanitary District STP | Stoney Creek Sanitary District |
| Strasburg STP | Town of Strasburg |
| Woodstock STP | Town of Woodstock |
| FWSA-Opequon Water Reclamation Facility | Frederick-Winchester Service Authority |
| FWSA-Parkins Mill WWTF | Frederick-Winchester Service Authority |
| Purcellville-Basham Simms WWTF | Town of Purcellville |
| LCSA-Broad Run WRF | Loudoun County Service Authority |
| Leesburg WPCF | Town of Leesburg |
| Round Hill WWTP | Town of Round Hill |
| PWCSA-H.L. Mooney WWTF | Prince William County Service Authority |
| Upper Occoquan Sewage Authority WWTP | Upper Occoquan Sewage Authority |
| FCW&SA-Vint Hill WWTF | Fauquier County Water and Sewer Authority |
| Alexandria Sanitation Authority WWTP | Alexandria Sanitation Authority |
| Arlington Co. WPCF | Arlington County |
| Fairfax Co. Noman-Cole | Fairfax County |
| Pollution Control Facility | |
| Stafford Co.-Aquia WWTP | Stafford County |
| Colonial Beach STP | Town of Colonial Beach |
| Dahlgren Sanitary District WWTP | King George County Service Authority |
| Fairview Beach STP | King George County Service Authority |
| Purkins Corner WWTP | King George County Service Authority |
| District of Columbia - Blue Plains STP (Virginia portion) | Loudoun County Service Authorityand Fairfax County contract for capacity and Fairfax County contract for capacity |
| Rappahannock River Basin | |
| Culpeper WWTP | Town of Culpeper |
| Marshall WWTP | Town of Marshall |
| Mountain Run WWTP | Culpeper County |
| Orange STP | Town of Orange |
| Rapidan STP | Rapidan Service Authority |
| FCW&SA-Remmington WWTP | Fauquier County Water and Sewer Authority |
| Warrenton STP | Town of Warrenton |
| Wilderness Shores WWTP | Rapidan Service Authority |
| Spotsylvania Co.-FMC WWTF | Spotsylvania County |
| Fredericksburg WWTF | City of Fredericksburg |
| Stafford Co.-Little Falls Run WWTF | Stafford County |
| Spotsylvania Co.-Massaponax WWTF WIP3-N, WIP3-P | Spotsylvania County |
| Montross-Westmoreland WWTP | Westmoreland County |
| Oakland Park STP | King George County Service Authority |
| Tappahannock WWTP | Town of Tappahannock |
| Urbanna WWTP | Hampton Roads Sanitation District |
| Warsaw STP | Town of Warsaw |
| Reedville Sanitary District WWTP | Reedville Sanitary District60 |
| Kilmarnock WWTP | Town of Kilmarnock |
| York River Basin | |
| Caroline Co. Regional STP | Caroline County |
| Gordonsville STP | Rapidan Service Authority |
| Ashland WWTP | Hanover County |
| Doswell WWTP | Hanover County |
| HRSD-York River STP WIP3-N | Hampton Roads Sanitation District |
| Parham Landing WWTP | New Kent County |
| Totopotomoy WWTP | Hanover County |
| HRSD-West Point STP | Hampton Roads Sanitation District |
| HRSD-Mathews Courthouse STP | Hampton Roads Sanitation District |
| Spotsylvania Co.-Thornburg STP WIP3-N, WIP3-P | Spotsylvania County |
| James River Basin | |
| Buena Vista STP | City of Buena Vista |
| Covington STP | City of Covington |
| Lexington-Rockbridge Regional WQCF | Maury Service Authority |
| Alleghany Co.-Low Moor STP | Alleghany County |
| Alleghany Co.-Lower Jackson River WWTP | Alleghany County |
| Amherst-Rutledge Creek WWTP | Town of Amherst |
| Lynchburg STP | City of Lynchburg |
| RWSA-Moores Creek Regional STP | Rivanna Water and Sewer Authority |
| Crewe WWTP | Town of Crewe |
| Farmville WWTP | Town of Farmville |
| Chesterfield Co.-Falling Creek WWTP | Chesterfield County |
| Henrico Co. WWTP | Henrico County |
| Hopewell Regional WWTF | City of Hopewell |
| Chesterfield Co.-Proctors Creek WWTP | Chesterfield County |
| Richmond WWTP | City of Richmond |
| South Central Wastewater Authority WWTF WIP3-N, WIP3-P | South Central Wastewater Authority |
| HRSD-Boat Harbor STP WIP3-N, WIP3-P | Hampton Roads Sanitation District |
| HRSD-Williamsburg STP WIP3-N, WIP3-P | Hampton Roads Sanitation District |
| HRSD-Nansemond STP WIP3-N, WIP3-P | Hampton Roads Sanitation District |
| HRSD-Army Base STP WIP3-N, WIP3-P | Hampton Roads Sanitation District |
| HRSD-Virginia Initiative Plant STP WIP3-N, WIP3-P | Hampton Roads Sanitation District |
| HRSD-Chesapeake/Elizabeth STP WIP3-N, WIP3-P | Hampton Roads Sanitation District |
| Eastern Shore Basin | |
| Cape Charles WWTP | Town of Cape Charles |
| Onancock WWTP | Town of Onancock |
| Tangier Island WWTP | Town of Tangier |
G. To the extent that any publicly owned treatment works receives less than the grant specified pursuant to § 10.1-2131, any year-end revenue surplus or unappropriated balances deposited in the Water Quality Improvement Fund, as required by § 10.1-2128, shall be prioritized in order to augment the funding of those projects for which grants have been prorated. Any additional reimbursements to these prorated projects shall not exceed the total reimbursement amount due pursuant to the formula established in subsection E of § 10.1-2131.
H. Notwithstanding the provisions of subsection B of § 10.1-2131, the Director shall not be required to enter into a grant agreement with a facility designated as a significant discharger or eligible nonsignificant discharger if the Director determines that the use of nutrient credits in accordance with the Chesapeake Bay Watershed Nutrient Credit Exchange Program (§ 62.1-44.19:12 et seq.) would be significantly more cost-effective than the installation of nutrient controls for the facility in question.
2007, cc. 851, 900; 2008, c. 572; 2021, Sp. Sess. I, cc. 363, 364.