2006 Code of Virginia § 67-1002 - (For contingent expiration - see Editor\'s note) Photovoltaic, Solar, and Wind Energy Utilization G...

67-1002. (For contingent expiration - see Editor's note) Photovoltaic,Solar, and Wind Energy Utilization Grant Fund.

A. There is hereby established in the state treasury a special nonrevertingfund to be known as the Photovoltaic, Solar, and Wind Energy UtilizationGrant Fund. The Fund shall consist of such moneys as may be appropriated bythe General Assembly from time to time. Any moneys deposited to or remainingin the Fund during or at the end of each fiscal year or biennium, includinginterest thereon, shall not revert to the general fund but shall remain inthe Fund and be available for allocation under this chapter in ensuing fiscalyears. Interest on all moneys in the Fund shall remain in the Fund and becredited to it. The Fund shall be used solely for the payment of the grantsprovided under this chapter. The Department shall administer the Fund.

B. The Department shall allocate moneys from the Fund in the following orderof priority: (i) first to unpaid grant amounts carried forward from prioryears because eligible individuals or corporations did not receive the fullamount of any grant to which they were eligible in a prior year pursuant tothis chapter and (ii) then to other approved applicants. If the moneys in theFund are less than the amount of grants to which approved applicants in anyclass of priority are eligible, the moneys in the Fund shall be apportionedpro rata among eligible applicants in such class, based upon the amount ofthe grant to which an approved applicant is eligible and the amount of moneyin the Fund available for allocation to such class.

C. The Department shall not allocate an amount in excess of the moneysavailable in the Fund for the payment of grants.

D. Beginning in calendar year 2007, by June 30 of each year, the Departmentshall (i) determine the amount of the grants to be allocated to eligibleindividuals and corporations, and (ii) certify to the Comptroller and eacheligible grant applicant the amount of the grant allocated to such applicant.Payment of such grants shall be made by the State Treasurer on warrant of theComptroller within 60 days of such certification.

E. If a grant recipient is allocated less than the full amount of a grant towhich it is eligible in any year pursuant to this chapter, such individual orcorporation shall not be eligible for the deficiency in that year, but theunpaid portion of the grant to which it was eligible shall be carried forwardby the Department to the following year, during which it shall be in thefirst class of priority as provided in clause (i) of subsection B.

F. In no case shall the Department certify grants from the Fund forphotovoltaic property, solar water heating property, or wind-poweredelectrical generators placed in service prior to January 1, 2006.

G. Actions of the Department relating to the allocation and awarding ofgrants shall be exempt from the provisions of the Administrative Process Actpursuant to subdivision B 4 of 2.2-4002.

(2006, c. 939.)