58.1-3713.01 - Distribution of local coal and gas road improvement tax for water and sewer projects applicable to the additional one-fourth allocation.

§ 58.1-3713.01. Distribution of local coal and gas road improvement tax forwater and sewer projects applicable to the additional one-fourth allocation.

The governing body of any county or city imposing a local coal and gas roadimprovement tax which is authorized by subsection A of § 58.1-3713 to use anadditional one-fourth of the revenue from such tax to fund the constructionof new water or sewer systems or lines or the repair or enhancement ofexisting water systems or lines shall develop and adopt by resolution anannual plan for such water and/or sewer projects and an annual plan for thefunding of such water and/or sewer projects in areas in its county or citywhere natural water supplies are insufficient from the standpoint of qualityor quantity. Plans shall establish a priority for funding water and/or sewerprojects in such city or county. Consideration for funding shall be given to(i) replacing water supplies lost due to mining activities and providingemergency water services to areas that have lost water due to miningactivities; (ii) preserving water supplies that are jeopardized due topermitted mining which is occurring or is near commencement; (iii)facilitating development of water and/or sewer projects which will promotediversified industrial development; and (iv) increasing the capacity ofpublicly owned water and/or sewer treatment or supply facilities.

Plans shall encourage the development of regional water and/or sewerprojects. "Regional water and/or sewer project" means a project involvingtwo or more public water and/or sewer service providers located in the sameor neighboring political subdivisions. In order to promote cost savings andeconomic development, funding may be provided for regional water and/or sewerprojects as provided in this section. If a regional water and/or sewerproject encompasses an area for which plans are developed by two or morelocal governing bodies, the project shall not be funded unless it is agreedto by all of the affected local governing bodies.

A county or city shall not expend local coal and gas road improvement taxrevenue for water and/or sewer projects in a manner that is inconsistent withthe priority for funding set forth in an approved plan.

(1996, c. 706; 1998, c. 694; 2004, c. 893; 2006, cc. 78, 497.)