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An Act to amend and reenact §
10.1-1119.3
of the Code of Virginia, relating to Office of Working Lands Preservation; powers and duties; small renewable energy projects fees.
Be it enacted by the General Assembly of Virginia:
1. That §
10.1-1119.3
of the Code of Virginia is amended and reenacted as follows:
§
10.1-1119.3
. Powers and duties of the Office; Virginia Farmland and Forestland Preservation Fund.
A. The Office shall have the following powers and duties:
1. To develop, in cooperation with the Department of Small Business and Supplier Diversity, the Virginia Farm Bureau Federation, the American Farmland Trust, the Virginia Land Conservation Foundation, the Virginia Outdoors Foundation, the Virginia Association of Counties, and the Virginia Cooperative Extension, (i) model policies and practices that may be used as a guide to establish local purchase of development rights programs; (ii) criteria for the certification of local purchase of development rights programs as eligible to receive grants, loans, or other funds from public sources; and (iii) methods and sources of revenue for allocating funds to localities to purchase agricultural and forestal conservation easements;
2. To create programs to educate the public about the importance of farmland and forestland preservation to the quality of life in the Commonwealth;
3. To provide technical, professional, and other assistance to farmers on matters related to farmland and forestland preservation;
4. To provide technical, professional, and other assistance to local governments interested in developing additional farmland and forestland preservation policies and programs. Such policies and programs shall include (i) use value assessment and taxation pursuant to §§
58.1-3230
and
58.1-3231
; (ii) transfer of development rights pursuant to Article 7.1 (§
15.2-2316.1
et seq.) of Chapter 22 of Title 15.2; (iii) agricultural and forestal districts pursuant to Chapter 43 (§
15.2-4300
et seq.) of Title 15.2; and (iv) establishment of local lease of development rights;
and
5. To administer the Virginia Farm Link Program established pursuant to §
10.1-1119.4
; and
6. To serve as a trustee to administer the in-lieu fees in trust pursuant to §
10.1-1197.6
. Such fees shall be used to acquire conservation easements and cover any expenses associated with acquiring such easements
.
B. State grants shall be distributed to local purchase of development rights programs under policies, procedures, and guidelines developed by the Office. In general, for each $1 in grant moneys awarded by the Office, the applicable local purchase of development rights program of the county or city shall be required to provide a $1 match. However, as part of these policies, procedures, and guidelines developed by the Office, the Office shall include incentives that recognize and encourage counties and cities participating in use value taxation pursuant to Article 4 (§
58.1-3229
et seq.) of Chapter 32 of Title 58.1.
C. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Farmland and Forestland Preservation Fund. The Fund shall be established on the books of the Comptroller. The Fund shall consist of all moneys appropriated to it by the General Assembly and such moneys as may be made available from any other source, public or private. All moneys shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of carrying out the provisions of this article. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the State Forester.