1. 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.
2. 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.

3. 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. 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. 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. 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.
4. 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.
5. 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.

6. 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 Authority 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 WIP3-N, WIP3-P		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 District 60
   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

7. 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.
8. 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; 2022, cc. 127, 128.