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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>80022</law_id><section_number>62.1-199</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>10.1-1237</reference><reference>10.1-603.22:1</reference><reference>10.1-603.25</reference><reference>10.1-603.37</reference><reference>15.2-2426</reference><reference>15.2-2437</reference><reference>3.2-3112</reference><reference>3.2-3117</reference><reference>36-156.2</reference><reference>5.1-30.6</reference><reference>62.1-231</reference><reference>62.1-240</reference><reference>62.1-241.9</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="62.1">Waters of the State, Ports and Harbors</unit><unit label="chapter" level="2" order_by="1" identifier="21">Virginia Resources Authority</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Authority</span>&#x201D; means the Virginia Resources <span class="dictionary">Authority</span> created by this chapter.
		&#x201C;<span class="dictionary">Board of Directors</span>&#x201D; means the <span class="dictionary">Board of Directors</span> of the <span class="dictionary">Authority</span>.
		&#x201C;<span class="dictionary"><span class="dictionary">Bonds</span></span>&#x201D; means any <span class="dictionary"><span class="dictionary">bonds</span></span>, notes, debentures, interim certificates, <span class="dictionary">bond</span>, grant or revenue anticipation notes, lease and sale-leaseback transactions, or any other obligations of the <span class="dictionary">Authority</span> for the payment of money.
		&#x201C;<span class="dictionary">Capital Reserve Fund</span>&#x201D; means the reserve fund created and established by the <span class="dictionary">Authority</span> in accordance with &#xA7;&#xA0;<a class="law" title="Establishment of capital reserve funds" href="/62.1-215/">62.1-215</a>.
		&#x201C;<span class="dictionary">Cost</span>,&#x201D; as applied to any <span class="dictionary">project</span> financed under the provisions of this chapter, means the total of all <span class="dictionary">costs</span> incurred by the <span class="dictionary">local government</span> as reasonable and necessary for carrying out all works and undertakings necessary or incident to the accomplishment of any <span class="dictionary">project</span>. It includes, without limitation, all necessary developmental, planning and feasibility studies, surveys, plans and specifications, architectural, engineering, financial, legal or other special services, the <span class="dictionary">cost</span> of acquisition of land and any buildings and improvements thereon, including the discharge of any obligations of the sellers of such land, buildings or improvements, real estate appraisals, site preparation and development, including demolition or removal of existing structures, construction and reconstruction, labor, <span class="dictionary">materials</span>, machinery and equipment, the reasonable <span class="dictionary">costs</span> of financing incurred by the <span class="dictionary">local government</span> in the course of the development of the <span class="dictionary">project</span>, including the <span class="dictionary">cost</span> of any <span class="dictionary">credit enhancements</span>, carrying charges incurred before placing the <span class="dictionary">project</span> in service, interest on <span class="dictionary">local obligations</span> issued to finance the <span class="dictionary">project</span> to a date subsequent to the estimated date the <span class="dictionary">project</span> is to be placed in service, necessary expenses incurred in connection with placing the <span class="dictionary">project</span> in service, the funding of accounts and reserves which the <span class="dictionary">Authority</span> may require, and the <span class="dictionary">cost</span> of other items which the <span class="dictionary">Authority</span> determines to be reasonable and necessary. It also includes the amount of any contribution, grant, or aid which a <span class="dictionary">local government</span> may make or give to any adjoining state, the District of Columbia or any department, agency, or instrumentality thereof to pay the <span class="dictionary">costs</span> incident and necessary to the accomplishment of any <span class="dictionary">project</span>, including, without limitation, the items set forth above. &#x201C;<span class="dictionary">Cost</span>&#x201D; also includes interest and principal payments pursuant to any installment purchase agreement.
		&#x201C;<span class="dictionary">Credit enhancements</span>&#x201D; means <span class="dictionary">surety</span> <span class="dictionary"><span class="dictionary">bonds</span></span>, insurance policies, letters of credit, guarantees, and other forms of <span class="dictionary">collateral</span> or security.
		&#x201C;<span class="dictionary">Defective drywall</span>&#x201D; means the same as that term is defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/36-156.1/">36-156.1</a>.
		&#x201C;Federal facility&#x201D; means any building or infrastructure used or to be used by the <span class="dictionary">federal government</span>, including any building or infrastructure located on lands owned by the <span class="dictionary">federal government</span>.
		&#x201C;<span class="dictionary">Federal government</span>&#x201D; means the United States of America, or any department, agency, or instrumentality, corporate or otherwise, of the United States of America.
		&#x201C;<span class="dictionary">Former federal facility</span>&#x201D; means any federal facility formerly used by the <span class="dictionary">federal government</span> or in transition from use by the <span class="dictionary">federal government</span> to a facility all or part of which is to serve any <span class="dictionary">local government</span>.
		&#x201C;<span class="dictionary">Local government</span>&#x201D; means any county, city, town, municipal corporation, <span class="dictionary">authority</span>, district, commission, or political subdivision created by the General Assembly or pursuant to the Constitution and <span class="dictionary">laws</span> of the Commonwealth or any combination of any two or more of the foregoing.
		&#x201C;<span class="dictionary">Local obligations</span>&#x201D; means any <span class="dictionary"><span class="dictionary">bonds</span></span>, notes, debentures, interim certificates, <span class="dictionary">bond</span>, grant or revenue anticipation notes, leases, <span class="dictionary">credit enhancements</span>, or any other obligations of a <span class="dictionary">local government</span> for the payment of money.
		&#x201C;Minimum <span class="dictionary">capital reserve fund</span> requirement&#x201D; means, as of any particular date of computation, the amount of money designated as the minimum <span class="dictionary">capital reserve fund</span> requirement which may be established in the resolution of the <span class="dictionary">Authority</span> authorizing the issuance of, or the trust indenture securing, any outstanding <span class="dictionary">issue</span> of <span class="dictionary"><span class="dictionary">bonds</span></span> or credit enhancement.
		&#x201C;<span class="dictionary">Project</span>&#x201D; means (i) any water supply or wastewater treatment facility, including a facility for receiving and stabilizing septage or a soil drainage management facility, and any solid waste treatment, disposal, or management facility, recycling facility, federal facility or <span class="dictionary">former federal facility</span>, or resource recovery facility located or to be located in the Commonwealth, the District of Columbia, or any adjoining state, all or part of which facility serves or is to serve any <span class="dictionary">local government</span>, and (ii) any federal facility located or to be located in the Commonwealth, provided that both the <span class="dictionary">Board of Directors</span> of the <span class="dictionary">Authority</span> and the governing body of the <span class="dictionary">local government</span> receiving the benefit of the loan, grant, or credit enhancement from the <span class="dictionary">Authority</span> make a determination or <span class="dictionary">finding</span> to be embodied in a resolution or <span class="dictionary">ordinance</span> that the undertaking and financing of such facility is necessary for the location or retention of such facility and the related use by the <span class="dictionary">federal government</span> in the Commonwealth. The term includes, without limitation, water supply and intake facilities; water treatment and filtration facilities; water storage facilities; water distribution facilities; sewage and wastewater (including surface and ground water) collection, treatment, and disposal facilities; drainage facilities and <span class="dictionary">projects</span>; solid waste treatment, disposal, or management facilities; recycling facilities; resource recovery facilities; related office, administrative, storage, maintenance, and laboratory facilities; and interests in land related thereto. The term also includes energy conservation measures and facility technology infrastructure as defined in &#xA7;&#xA0;<a class="law" title=" Definitions" href="/45.2-1702/">45.2-1702</a> and other energy objectives as defined in &#xA7;&#xA0;<a class="law" title=" Commonwealth Clean Energy Policy" href="/45.2-1706.1/">45.2-1706.1</a>. The term also means any heavy rail transportation facilities operated by a transportation district created under the Transportation District Act of 1964 (&#xA7;&#xA0;<a class="law" title="Declaration of policy" href="/33.2-1900/">33.2-1900</a> et seq.) that operates heavy rail freight service, including rolling stock, barge loading facilities, and any related marine or rail equipment. The term also means, without limitation, the design and construction of roads, the construction of <span class="dictionary">local government</span> buildings, including administrative and operations systems and other <span class="dictionary">local government</span> equipment and infrastructure, public parking garages and other public transportation facilities, and facilities for public transportation by commuter rail. In addition, the term means any <span class="dictionary">project</span> as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/5.1-30.1/">5.1-30.1</a> or <a class="law" title="Definitions" href="/10.1-603.28/">10.1-603.28</a> and any professional sports facility, including a major league baseball stadium as defined in &#xA7;&#xA0;<a class="law" title="Definitions; professional baseball games; consent for construction" href="/15.2-5800/">15.2-5800</a>, provided that the specific professional sports facility <span class="dictionary">projects</span> have been designated by the General Assembly as eligible for assistance from the <span class="dictionary">Authority</span>. The term also means any equipment, facilities, and technology infrastructure designed to provide broadband service. The term also means facilities supporting, related to, or otherwise used for public safety, including but not limited to law-enforcement training facilities and emergency response, fire, rescue, and police stations. The term also means the remediation, redevelopment, and rehabilitation of property contaminated by the release of hazardous substances, hazardous wastes, solid wastes, or petroleum, where such remediation has not clearly been mandated by the United States Environmental Protection Agency, the Department of Environmental Quality, or a <span class="dictionary">court</span> pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. &#xA7;&#xA0;9601 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. &#xA7;&#xA0;6901 et seq.), the Virginia Waste Management Act (&#xA7;&#xA0;<a class="law" title="Definitions" href="/10.1-1400/">10.1-1400</a> et seq.), the State Water Control Law (&#xA7;&#xA0;<a class="law" title="Short title; purpose" href="/62.1-44.2/">62.1-44.2</a> et seq.), or other applicable statutory or <span class="dictionary">common law</span> or where <span class="dictionary">jurisdiction</span> of those <span class="dictionary">statutes</span> has been waived. The term also means any program or <span class="dictionary">project</span> for land conservation, parks, park facilities, land for recreational purposes, or land preservation, including but not limited to any program or <span class="dictionary">project</span> involving the acquisition of rights or interests in land for the conservation or preservation of such land. The term also means any dredging program or dredging <span class="dictionary">project</span> undertaken to benefit the economic and community development goals of a <span class="dictionary">local government</span> but does not include any dredging program or dredging <span class="dictionary">project</span> undertaken for or by the Virginia Port <span class="dictionary">Authority</span>. The term also means any oyster restoration <span class="dictionary">project</span>, including planting and replanting with seed oysters, oyster shells, or other <span class="dictionary">material</span> that will catch, support, and grow oysters. The term also means any program or <span class="dictionary">project</span> to perform site acquisition or site development work for the benefit of economic and community development <span class="dictionary">projects</span> for any <span class="dictionary">local government</span>. The term also means any undertaking by a <span class="dictionary">local government</span> to build or facilitate the production or preservation of housing or a <span class="dictionary">recovered gas energy facility</span> and any <span class="dictionary">local government</span> renewable energy <span class="dictionary">project</span>, including solar, wind, biomass, waste-to-energy, and geothermal <span class="dictionary">projects</span>. The term also means any undertaking by a <span class="dictionary">local government</span> to facilitate the remediation of residential properties contaminated by the presence of <span class="dictionary">defective drywall</span>. The term also means any undertaking by a <span class="dictionary">local government</span> to provide grants, loans, financial assistance, or any other incentives pursuant to &#xA7;&#xA0;<a class="law" title="Local funding for repair or production of low and moderate income rental property or repair of residential property; other housing experiments" href="/15.2-958/">15.2-958</a>.
		&#x201C;<span class="dictionary">Recovered gas energy facility</span>&#x201D; means a facility, located at or adjacent to (i) a solid waste management facility permitted by the Department of Environmental Quality or (ii) a sewerage system or sewage treatment work described in &#xA7;&#xA0;<a class="law" title="Sewerage systems, etc., under supervision of Board and Department of Environmental Quality; Board to regulate design specification and plans" href="/62.1-44.18/">62.1-44.18</a> that is constructed and operated for the purpose of treating sewage and wastewater for discharge to state waters, which facility or work is constructed and operated for the purpose of (a) reclaiming or collecting methane or other combustible gas from the biodegradation or decomposition of solid waste, as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/10.1-1400/">10.1-1400</a>, that has been deposited in the solid waste management facility or sewerage system or sewage treatment work and (b) either using such gas to generate electric energy or upgrading the gas to pipeline quality and transmitting it off premises for sale or delivery to commercial or industrial purchasers or to a public utility or locality.</p></section></text><history>1984, c. 699; 1985, c. 67; 1986, c. 331; 1987, cc. 117, 133; 1989, cc. 533, 551; 1990, c. 506; 1998, c. 399; 1999, c. 897; 2000, c. 790; 2001, cc. 652, 661; 2005, cc. 727, 769; 2007, cc. 81, 649, 663; 2008, cc. 3, 24, 238, 259, 504, 605, 613; 2009, cc. 14, 246, 311, 543, 632; 2010, cc. 42, 724, 820; 2011, cc. 270, 616; 2018, c. 153; 2021, Sp. Sess. I, c. 327; 2022, cc. 739, 782; 2023, cc. 440, 441.</history><metadata></metadata></law>
