2016 Uncodified Acts

2016 Virginia Uncodified Acts
3/23/2017

CHAPTER 769

An Act to authorize the Virginia Public Building Authority and the Virginia College Building Authority to issue bonds in an aggregate principal amount not to exceed $2,235,432,677 plus certain costs to fund certain capital projects and to appropriate the proceeds of such bonds.

[S 731]

Approved  April 20, 2016

 

Be it enacted by the General Assembly of Virginia:

1. § 1. A. That pursuant to § 2.2-2264 of the Code of Virginia, the General Assembly hereby authorizes the Virginia Public Building Authority (VPBA) to undertake the following projects, including, without limitation, constructing, improving, furnishing, equipping, acquiring, and renovating buildings, facilities, improvements, and land therefor, and to exercise any and all powers granted to it by law in connection therewith, including the power to finance all or any portion of the cost thereof by the issuance of revenue bonds in a principal amount not to exceed $426,818,771 plus amounts needed to fund issuance costs, reserve funds, original issue discount, interest prior to and during acquisition, construction, or renovation and for one year after completion thereof, and other financing expenses. The General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this section. Debt service on projects contained in this section shall be provided from appropriations to the Treasury Board.

Agency Code

Institution/Agency

Project Title

 

146

Science Museum of Virginia

Construct Parking Facility / Master Site Plan

 

199

Department of Conservation and Recreation

Renovate Walnut Valley Farm at Chippokes State Park

 

199

Department of Conservation and Recreation

Provide Various Utility/ADA Upgrades

 

199

Department of Conservation and Recreation

Construct Retaining Wall on Lover's Leap Trail at Natural Tunnel State Park

 

199

Department of Conservation and Recreation

Repair/Replace Trestles at New River Trail State Park

 

199

Department of Conservation and Recreation

Replace Existing Bulkheads at False Cape State Park

 

199

Department of Conservation and Recreation

Replace Bridge to Amphitheater at Hungry Mother State Park

 

199

Department of Conservation and Recreation

Complete Bridge Repair at Staunton River Battlefield State Park

 

199

Department of Conservation and Recreation

Construct Restroom at 64th Street Entrance at First Landing State Park

 

199

Department of Conservation and Recreation

Construct Restroom at Massie Gap in Grayson Highlands State Park

 

199

Department of Conservation and Recreation

Renovate Foster Falls Hotel at New River Trail State Park

 

199

Department of Conservation and Recreation

Construct Various Cabins at Pocahontas and Powhatan State Parks

 

199

Department of Conservation and Recreation

Renovate Various Cabins

 

199

Department of Conservation and Recreation

Renovate Various Campgrounds

 

199

Department of Conservation and Recreation

Construct Widewater Phase I

 

199

Department of Conservation and Recreation

Develop Clinch River State Park

 

203

Wilson Workforce and Rehabilitation Center

Renovate and Expand Anderson Vocational Training Building, Phase II

 

218

Virginia School for the Deaf and the Blind

Renovate Bradford Hall

 

238

Virginia Museum of Fine Arts

Replace Air Handling Units

 

239

Frontier Culture Museum

Construct Early American Industry Exhibit

 

425

Jamestown-Yorktown Foundation

Renovate Exhibits

 

720

Department of Behavioral Health and Developmental Services

Expand Western State Hospital

 

 

720

Department of Behavioral Health and Developmental Services

Expand Sexually Violent Predator Facility

 

 

777

Department of Juvenile Justice

Construct New Juvenile Correctional Center, Chesapeake

 

778

Department of Forensic Science

Expand Central Forensic Laboratory and Office of the Chief Medical Examiner Facility

 

799

Department of Corrections

Renovate Marion Correctional Center

 

799

Department of Corrections

Replace Roofs—Red Onion and Wallens Ridge

 

799

Department of Corrections

Replace Generators Statewide

 

 

Total

 

$426,818,771

B. Funding for the planning phase of the project "Construct New Juvenile Correctional Center, Chesapeake," for the Department of Juvenile Justice may not be released until 30 days after the submission of the interim report of the task force required to be established by Item 415 of the 2016-2018 Appropriation Act (House Bill 30), enacted by the 2016 Session of the General Assembly.

 § 2. That pursuant to § 23-30.28 of the Code of Virginia, the General Assembly hereby authorizes the Virginia College Building Authority to undertake the following projects, including, without limitation, constructing, improving, furnishing, equipping, acquiring, and renovating buildings, facilities, improvements, and land therefor, to exercise any and all powers granted to it by law in connection therewith; and to finance all or any portion of the cost thereof by the issuance of revenue bonds in a principal amount not to exceed $1,351,813,906 plus amounts needed to fund issuance costs, reserve funds, original issue discount, interest prior to and during acquisition, construction, or renovation and for one year after completion thereof, and other financing expenses. Bonds of the Virginia College Building Authority issued to finance such projects may be sold and issued under the 21st Century College Program at the same time with other obligations of the Virginia College Building Authority as separate issues or as a combined issue. The Authority may pay all or any part of the cost of any project listed in this section or authorized or any portion thereof with any income and reserve funds of the Authority available for such purpose, and in such case may transfer such funds of the Authority, with the approval of the Governor. The General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this section. Debt service on projects contained in this section shall be provided from appropriations to the Treasury Board.

Agency Code

Institution/Agency

Project Title

 

204

The College of William and Mary

Construct Fine and Performing Arts Complex, Phases I & II

 

204

The College of William and Mary

Construct West Utilities Plant

 

207

University of Virginia

Renovate Gilmer Hall and Chemistry Building

 

208

Virginia Polytechnic Institute and State University

Renovate Holden Hall (Engineering)

 

208

Virginia Polytechnic Institute and State University

Construct VT Carilion Research Institute Biosciences Addition

 

208

Virginia Polytechnic Institute and State University

Construct Central Chiller Plant, Phase II

 

211

Virginia Military Institute

Renovate Preston Library

 

211

Virginia Military Institute

Post Infrastructure Improvements, Phase I, II, and III

 

211

Virginia Military Institute

Renovate Scott Shipp Hall

 

212

Virginia State University

Maintenance Reserve Supplement / Master Plan Update

 

213

Norfolk State University

Maintenance Reserve Supplement / Master Plan Update

 

214

Longwood University

Construct New Academic Building

 

214

Longwood University

Replace Steam Distribution System, Wheeler Mall

 

 

214

Longwood University

Construct Admissions Office

 

215

University of Mary Washington

Construct Jepson Science Center Addition

 

215

University of Mary Washington

Renovate Seacobeck Hall

 

215

University of Mary Washington

Repair/Replace Underground Utilities

 

216

James Madison University

Construct New School of Business

 

216

James Madison University

Renovate Wilson Hall

 

217

Radford University

Renovate Curie and Reed Halls

 

221

Old Dominion University

Construct Chemistry Building

 

229

Virginia Cooperative Extension and Agricultural Experiment Station

Construct Livestock and Poultry Research Facilities, Phase I

 

236

Virginia Commonwealth University

Construct School of Allied Health Professions Building

 

236

Virginia Commonwealth University

Expand School of Engineering

 

236

Virginia Commonwealth University

Construct Commonwealth Center for Advanced Logistics Systems (CCALS)

 

242

Christopher Newport University

Construct and Renovate Fine Arts and Rehearsal Space

 

242

Christopher Newport University

Construct Library, Phase II

 

247

George Mason University

Renovate Robinson Hall and Harris Theater

 

247

George Mason University

Construct Utilities Distribution Infrastructure

 

260

Virginia Community College System

Renovate Seefeldt Academic Building / Replace Building Envelope, Woodbridge Campus, Northern Virginia

 

260

Virginia Community College System

Renovate Bird Hall and Renovate / Expand Nicholas Center, Chester Campus, John Tyler

 

260

Virginia Community College System

Renovate Howsmon/Colgan Building, Manassas Campus, Northern Virginia

 

260

Virginia Community College System

Repair or Replace Major Mechanical Systems, Northern Virginia, New River and Mountain Empire

 

260

Virginia Community College System

Construct Bioscience Building, Blue Ridge

 

260

Virginia Community College System

Construct Academic Building, Fauquier Campus, Lord Fairfax

 

260

Virginia Community College System

Replace Phase I Academic and Administration Building, Eastern Shore

 

260

Virginia Community College System

Construct Student Service and Learning Resources Center, Christianna Campus, Southside Virginia

 

260

Virginia Community College System

Improve Life Safety and Security, Systemwide, Phase I

 

268

Virginia Institute of Marine Science

Replace Mechanical Systems and Repair Building Envelope of Chesapeake Bay Hall

 

268

Virginia Institute of Marine Science

Construct Facilities Management Building

 

274

Eastern Virginia Medical School

Construct New Education and Academic Administration Building

 

274

Eastern Virginia Medical School

Renovate Hofheimer Hall

 

274

Eastern Virginia Medical School

Renovate Lewis Hall

 

935

Roanoke Higher Education Authority

Renovate and Expand Clinical Simulation Labs for Nursing

 

937

Southern Virginia Higher Education Center

Replace Roof, HVAC, and Make Other Repairs

 

948

Southwest Virginia Higher Education Center

Construct Service Corridor, Storage Area; Replace Generator

 

 

Total

 

$1,351,813,906

2. § 1. That the Virginia Public Building Authority, pursuant to § 2.2-2264 of the Code of Virginia, or the Virginia College Building Authority pursuant to § 23-30.28 of the Code of Virginia, is authorized to issue revenue bonds in a principal amount not to exceed $12,200,000 plus amounts needed to fund issuance costs, reserve funds, original issue discount, interest prior to and during acquisition, construction, or renovation and for one year after completion thereof, and other financing expenses. The proceeds of such bonds shall be used to supplement the prior funding for the projects in this enactment. The General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this section. Debt service on projects contained in this section shall be provided from appropriations to the Treasury Board.

Agency Code

Institution/Agency

Project Title

 

238

Virginia Museum of Fine Arts

Renovate Robinson House

 

912

Department of Veterans Services

Expand Virginia War Memorial

 

425

Jamestown Yorktown Foundation

Yorktown Museum Generators (Supplement)

 

935

Roanoke Higher Education Authority

Renovate Claude Moore Building

 

 

Total

 

$12,200,000

3. § 1. That the Virginia Public Building Authority, pursuant to § 2.2-2264 of the Code of Virginia, or the Virginia College Building Authority pursuant to § 23-30.28 of the Code of Virginia, is authorized to issue revenue bonds in a principal amount not to exceed $15,600,000 plus amounts needed to fund issuance costs, reserve funds, original issue discount, interest prior to and during acquisition, construction, or renovation and for one year after completion thereof, and other financing expenses to provide funds for equipment for the following projects for which funding for construction was previously provided, or to maintain existing operational capability. The General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this section. Debt service on projects contained in this section shall be provided from appropriations to the Treasury Board.

Agency Code

Institution/Agency

Project Title

 

146

Science Museum of Virginia

Construct Event Space (17974)

 

214

Longwood University

Construct Student Success Center (17982)

 

216

James Madison University

Renovate/ Addition Madison Hall (18085)

 

217

Radford University

Renovate Whitt Hall (18067)

 

236

Virginia Commonwealth University

Renovate Sanger Hall, Phase II (18070)

 

236

Virginia Commonwealth University

Renovate Raleigh Building (18071)

 

247

George Mason University

Construct Academic VII / Research III, Phase I (17999)

 

912

Department of Veterans Services

Expand Virginia War Memorial (18010)

 

238

Virginia Museum of Fine Arts

Art Conservation Laboratory

 

 

Total

 

$15,600,000

4. § 1 A. That beginning July 1, 2017, the following projects shall be funded for detailed planning from amounts in the Central Capital Planning Fund established under § 2.2-1520 of the Code of Virginia, and amounts are hereby appropriated from the Central Capital Planning Fund for such purposes as provided in this enactment.

Agency Code

Institution/Agency

Project Title

123

Department of Military Affairs

Renovate Roanoke Readiness Center

156

Department of State Police

Construct Division Six Headquarters

194

Department of General Services

Expand Consolidated Labs, 1st Floor

194

Department of General Services

Renovate Morson Row

204

The College of William and Mary

Construct Integrated Science Center, Phase IV

207

University of Virginia

Renovate Physics Building

207

University of Virginia

Renovate Alderman Library, Life Safety, Phase I

208

Virginia Polytechnic Institute and State University

Construct Undergraduate Lab Building

212

Virginia State University

Demolish / Replace Daniel Gym and Demolish Harris Hall

216

James Madison University

Renovate Jackson Hall

221

Old Dominion University

Construct Health Sciences Building

236

Virginia Commonwealth University

Construct STEM Class Lab Building

241

Richard Bland College

Construct Center for Innovation and Educational Development

246

University of Virginia's College at Wise

Renovate / Convert Wyllie Library

247

George Mason University

Improve Telecommunications Infrastructure

260

Virginia Community College System

Replace French Slaughter Building, Locust Grove, Germanna

260

Virginia Community College System

Renovate Diggs/Moore/Harrison Complex, Hampton, Thomas Nelson

260

Virginia Community College System

Construct Advanced Technical Training Center, Piedmont Virginia

260

Virginia Community College System

Renovate Amherst/Campbell Hall, Central Virginia

268

Virginia Institute of Marine Science

Replace Oyster Hatchery

777

Department of Juvenile Justice

Renovate or Construct Juvenile Correctional Center

B. Funding for detailed planning for the project "Renovate or Construct Juvenile Correctional Center" for the Department of Juvenile Justice may not be released until 30 days after the submission of the final report of the task force required to be established by Item 415 of the 2016-2018 Appropriation Act (House Bill 30), enacted by the 2016 Session of the General Assembly, but not before July 1, 2017.

§ 2. In accordance with Chapter 15.1 (§ 2.2-1515 et seq.) of Title 2.2 of the Code of Virginia, each institution and agency shall submit its completed detailed planning documents to the Six-Year Capital Outlay Plan Advisory Committee for its review and recommendation.

§ 3. Each public college and university is authorized to use additional higher education operating nongeneral funds to move to working drawings for the projects listed in § 1.

§ 4. Each agency may utilize other nongeneral funds to move to working drawings for the projects authorized in § 1.

§ 5. Each agency or institution shall be reimbursed for all nongeneral funds used when the project is funded to move into the construction phase.

§ 6. In accordance with § 2.2-1520 of the Code of Virginia, the Director of the Department of Planning and Budget shall authorize the reimbursement of the Central Capital Planning Fund for the amounts provided for detailed planning when the project is funded to move into the construction phase.

§ 7. No planning documents pursuant to this enactment shall be submitted to the Governor or the General Assembly prior to July 1, 2018.

5. That pursuant to § 2.2-2263 of the Code of Virginia, the Virginia Public Building Authority is authorized to issue bonds in an aggregate amount not to exceed $350,000,000 plus amounts needed to fund issuance costs, reserve funds, original issue discount, interest prior to and during acquisition, construction, or renovation and for one year after completion thereof, and other financing expenses. The proceeds of such bonds shall be used to fund capital projects at Norfolk International Terminal. The General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this enactment. Debt service on projects contained in this enactment shall be provided from appropriations to the Treasury Board.

6. That pursuant to § 2.2-2263 of the Code of Virginia, the Virginia Public Building Authority is authorized to issue bonds in an aggregate amount not to exceed $59,000,000 plus amounts to fund related issuance costs and other financing expenses. The proceeds of such bonds shall be provided to the Department of Environmental Quality to reimburse entities as provided in Chapter 21.1 (§ 10.1-2117 et seq.) of Title 10.1 of the Code of Virginia, considered as eligible Significant and Non-Significant Dischargers in the Chesapeake Bay watershed, for capital costs incurred for the design and installation of nutrient removal technology. Such reimbursements shall be in accordance with eligibility determinations made by the Department pursuant to the provisions of this enactment and Chapter 21.1 (§ 10.1-2117 et seq.) of Title 10.1 of the Code of Virginia. The Department of Environmental Quality shall submit cash flow requirements for this program to the Director of the Department of Planning and Budget and the State Treasurer. The cash flows shall indicate quarterly cash needs to the program's completion. The appropriations under this enactment are subject to the conditions in § 2-0 F of Chapter 665 of the Acts of Assembly of 2015, but are not subject to the other provisions of § 2-0, the provisions of 4-4.01 of Chapter 665 of the Acts of Assembly of 2015, or the provisions of § 2.2-1132 of the Code of Virginia. The General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this enactment. Debt service on projects contained in this enactment shall be provided from appropriations to the Treasury Board.

7. That pursuant to § 2.2-2263 of the Code of Virginia, the Virginia Public Building Authority is authorized to issue bonds in an aggregate amount not to exceed $20,000,000 plus amounts to fund related issuance costs and other financing expenses. The proceeds of such bonds shall be deposited into the Stormwater Local Assistance Fund, established in Item 360 of Chapter 806 of the Acts of Assembly of 2013 and continued in paragraph C. 1. of Item 363 of Chapter 665 of the Acts of Assembly of 2015, and used by the Department of Environmental Quality to provide grants solely for capital projects consistent with the purpose of the Fund, including: (i) new stormwater best management practices; (ii) stormwater best management practice retrofits; (iii) stream restoration; (iv) low impact development projects; (v) buffer restoration; (vi) pond retrofits; and (vii) wetlands restoration. Such grants shall be in accordance with eligibility determinations made by the Department of Environmental Quality. The appropriations under this enactment are subject to the conditions in § 2-0 F of Chapter 665 of the Acts of Assembly of 2015, but are not subject to the other provisions of § 2-0, the provisions of 4-4.01 of Chapter 665 of the Acts of Assembly of 2015, or the provisions of § 2.2-1132 of the Code of Virginia. The General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this enactment. Debt service on projects contained in this enactment shall be provided from appropriations to the Treasury Board.

8. That the provisions of Item C-46.10 of Chapter 665 of the Acts of Assembly of 2015, as it relates to the Advanced Manufacturing Apprentice Academy Center and Regional Centers of Excellence, are hereby extended without change.

9. That out of the amounts authorized in Item C-43, D 1 of Chapter 665 of the Acts of Assembly of 2015, $5,250,000 is designated and appropriated to renovate the Post Library as a visitor center for Fort Monroe.

10. That the appropriations for the capital projects authorized in §§ 1 and 2 of the first enactment of this act are subject to the conditions in § 2-0 F of Chapter 665 of the Acts of Assembly of 2015. In addition, not more than a total aggregate principal amount of $300 million in debt obligations shall be issued excluding refunding bonds in any fiscal year for such capital projects, provided, however, that if less than a total aggregate principal amount of $300 million in debt obligations is incurred in any fiscal year for such capital projects, the unused amount may be added to any other subsequent fiscal year. Issuance of debt shall proceed so that the projected average annual debt service on all tax-supported debt over the 10-year horizon shall be in accordance with the guidelines established by the Debt Capacity Advisory Committee. The Six-Year Capital Outlay Plan Advisory Committee shall establish procedures to ensure compliance with the annual issuance limits and shall meet at least quarterly to review project progress. The Auditor of Public Accounts shall issue a report annually to the Governor, the Speaker of the House of Delegates, the President pro tempore of the Senate, and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance, regarding the adherence to the annual issuance limits.

11. That funding for the projects in the first and fourth enactments of this act shall not be released until the Governor approves a decision brief that directs the Department of General Services to proceed with all due speed with hazardous material abatement, demolition, and construction services to complete Commonwealth of Virginia construction project code 194-18081-001 having a project title: Capitol Complex Infrastructure and Security and a sub-project title: New Construction of General Assembly Building. All funds for all phases of the stated project code shall be released as necessary to the Department of General Services to execute each contract or contracts for the project pursuant to funding authorized in paragraph E. 1. of Item C-39.40 of Chapter 1 of the Acts of Assembly of 2014, Special Session I. A copy of such approved decision brief shall be provided to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance. Beginning July 1, 2016, the Director of the Department of Planning and Budget and the Director of the Department of General Services shall report to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance on a quarterly basis on the status of the completion of the General Assembly Building project. The Auditor of Public Accounts shall monitor any release of funding for the projects in the first and fourth enactments for compliance with the conditions of this enactment and report any noncompliance to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance.