Bill Text: VA HB1438 | 2023 | Regular Session | Chaptered
Bill Title: Oyster Replenishment Fund; oyster resource user fees to be credited to Fund.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-04-12 - Governor: Acts of Assembly Chapter text (CHAP0770) [HB1438 Detail]
Download: Virginia-2023-HB1438-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §28.2-542 of the Code of Virginia is amended and reenacted as follows:
§28.2-542. Oyster Replenishment Fund.
A. All oyster resource user fees collected by the
Commission and any gifts, donations, grants, bequests, and other funds
received in support of oyster recycling and replenishment and all funds
appropriated for such purpose shall be deposited in the state treasury and
credited to the Oyster Replenishment Fund, to be used only (i) for
administration of the program and; (ii) for oyster replenishment
projects, including recycling, planting, and replanting the public
oyster rocks, beds, and shoals of the Commonwealth, with seed oysters,
oyster shells, or other material that will catch, support, and grow oysters
and oyster populations; and (iii) to encourage donations of oyster shells for
such oyster replenishment projects. These funds shall be withdrawn and
expended for such purposes on the order of the Commission. Expenditures and
disbursements from the Fund shall be made by the State Treasurer on warrant of
the Comptroller issued on vouchers signed by persons designated by the
Commission.
B. The method of distribution of funds available for the encouragement of oyster shell donations shall be determined by the Commission. The Commission shall consider providing grants to any person who donates oyster shells to an organization exempt from taxation under §501(c)(3) of the Internal Revenue Code that is engaged in oyster replenishment projects. Such grants may be awarded in an amount equal to $4 per bushel of oyster shells, as described in §28.2-526, donated during a calendar year but not to exceed an aggregate grant of $1,500 for all such donations made by such person during such year. The aggregate amount of funds available for such encouragement of oyster shell donations for each calendar year shall be determined by the Commission, but shall not exceed $250,000.
