3.2-720 - Assistance and reimbursement.
§ 3.2-720. Assistance and reimbursement.
A. Each party state pledges to each other party state that it will employ itsbest efforts to eradicate, or control within the strictest practicablelimits, any and all pests. It is recognized that performance of thisresponsibility involves:
1. The maintenance of pest control and eradication activities of interstatesignificance by a party state at a level that would be reasonable for its ownprotection in the absence of this compact.
2. The meeting of emergency outbreaks or infestations of interstatesignificance to no less an extent than would have been done in the absence ofthis compact.
B. Whenever a party state is threatened by a pest not present within itsborders but present within another party state, whenever a party state isundertaking or engaged in activities for the control or eradication of a pestor pests, and finds that such activities are or would be impracticable orsubstantially more difficult of success by reason of failure of another partystate to cope with infestation or threatened infestation, that state mayrequest the governing board to authorize expenditures from the insurance fundfor eradication or control measures to be taken by one or more of such otherparty states at a level sufficient to prevent, or to reduce to the greatestpracticable extent, infestation or reinfestation of the requesting state.Upon such authorization the responding state or states shall take or increasesuch eradication or control measures as may be warranted. A responding stateshall use moneys made available from the insurance fund expeditiously andefficiently to assist in affording the protection requested.
C. In order to apply for expenditures from the insurance fund, a requestingstate shall submit the following in writing:
1. A detailed statement of the circumstances that occasion the request forthe invoking of the compact.
2. Evidence that the pest on account of whose eradication or controlassistance is requested constitutes a danger to an agricultural or forestcrop, product, tree, shrub, grass, or other plant having a substantial valueto the requesting state.
3. A statement of the extent of the present and projected program of therequesting state and its subdivisions, including full information as to thelegal authority for the conduct of such program or programs and theexpenditures being made or budgeted therefor, in connection with theeradication, control, or prevention of introduction of the pest concerned.
4. Proof that the expenditures being made or budgeted as detailed insubdivision 3 do not constitute a reduction of the effort for the control oreradication of the pest concerned or, if there is a reduction, the reasonswhy the level of program detailed in subdivision 3 constitutes a normal levelof pest control activity.
5. A declaration as to whether, to the best of its knowledge and belief, theconditions that in its view occasion the invoking of the compact in theparticular instance can be abated by a program undertaken with the aid ofmoneys from the insurance fund in one year or less, or whether the request isfor an installment in a program that is likely to continue for a longerperiod of time.
6. Such other information as the governing board may require consistent withthe provisions of this compact.
D. The governing board or executive committee shall give due notice of anymeeting at which an application for assistance from the insurance fund is tobe considered. Such notice shall be given to the compact administrator ofeach party state and to such other officers and agencies as may be designatedby the laws of the party states. The requesting state and any other partystate shall be entitled to be represented and present evidence and argumentat such meeting.
E. Upon the submission as required by subsection C and such other informationas it may have or acquire, and upon determining that an expenditure of fundsis within the purposes of this compact and justified thereby, the governingboard or executive committee shall authorize support of the program. Thegoverning board or the executive committee may meet at any time or place forthe purpose of receiving and considering an application. Any and alldeterminations of the governing board or executive committee, with respect toan application, together with the reasons therefor shall be recorded andsubscribed in such manner as to show and preserve the votes of the individualmembers thereof.
F. A requesting state that is dissatisfied with a determination of theexecutive committee shall upon notice in writing given within 20 days of thedetermination with which it is dissatisfied, be entitled to receive a reviewthereof at the next meeting of the governing board. Determinations of theexecutive committee shall be reviewable only by the governing board at one ofits regular meetings, or at a special meeting held in such manner as thegoverning board may authorize.
G. Responding states required to undertake or increase measures pursuant tothis compact may receive moneys from the insurance fund, either at the timeor times when such state incurs expenditures on account of such measures, oras reimbursement for expenses incurred and chargeable to the insurance fund.The governing board shall adopt and, from time to time, may amend or reviseprocedures for submission of claims upon it and for payment thereof.
H. Before authorizing the expenditure of moneys from the insurance fundpursuant to an application of a requesting state, the insurance fund shallascertain the extent and nature of any timely assistance or participationthat may be available from the federal government and shall request theappropriate agency of the federal government for such assistance andparticipation.
I. The insurance fund may negotiate and execute a memorandum of understandingor other appropriate instrument defining the extent and degree of assistanceor participation between and among the insurance fund, cooperating federalagencies, states and any other entities concerned.
(1970, c. 174, § 3.1-188.7; 2008, c. 860.)