                                 CODE OF VIRGINIA

DEFINITIONS (§ 62.1-199)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Authority&#8221; means the Virginia Resources Authority created by this
chapter.
		&#8220;Board of Directors&#8221; means the Board of Directors of the
Authority.
		&#8220;Bonds&#8221; means any bonds, notes, debentures, interim certificates,
bond, grant or revenue anticipation notes, lease and sale-leaseback
transactions, or any other obligations of the Authority for the payment of
money.
		&#8220;Capital Reserve Fund&#8221; means the reserve fund created and
established by the Authority in accordance with § 62.1-215.
		&#8220;Cost,&#8221; as applied to any project financed under the provisions of
this chapter, means the total of all costs incurred by the local government as
reasonable and necessary for carrying out all works and undertakings necessary
or incident to the accomplishment of any project. It includes, without
limitation, all necessary developmental, planning and feasibility studies,
surveys, plans and specifications, architectural, engineering, financial, legal
or other special services, the cost 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, materials, machinery and
equipment, the reasonable costs of financing incurred by the local government in
the course of the development of the project, including the cost of any credit
enhancements, carrying charges incurred before placing the project in service,
interest on local obligations issued to finance the project to a date subsequent
to the estimated date the project is to be placed in service, necessary expenses
incurred in connection with placing the project in service, the funding of
accounts and reserves which the Authority may require, and the cost of other
items which the Authority determines to be reasonable and necessary. It also
includes the amount of any contribution, grant, or aid which a local government
may make or give to any adjoining state, the District of Columbia or any
department, agency, or instrumentality thereof to pay the costs incident and
necessary to the accomplishment of any project, including, without limitation,
the items set forth above. &#8220;Cost&#8221; also includes interest and
principal payments pursuant to any installment purchase agreement.
		&#8220;Credit enhancements&#8221; means surety bonds, insurance policies,
letters of credit, guarantees, and other forms of collateral or security.
		&#8220;Defective drywall&#8221; means the same as that term is defined in §
36-156.1.
		&#8220;Federal facility&#8221; means any building or infrastructure used or to
be used by the federal government, including any building or infrastructure
located on lands owned by the federal government.
		&#8220;Federal government&#8221; means the United States of America, or any
department, agency, or instrumentality, corporate or otherwise, of the United
States of America.
		&#8220;Former federal facility&#8221; means any federal facility formerly used
by the federal government or in transition from use by the federal government to
a facility all or part of which is to serve any local government.
		&#8220;Local government&#8221; means any county, city, town, municipal
corporation, authority, district, commission, or political subdivision created
by the General Assembly or pursuant to the Constitution and laws of the
Commonwealth or any combination of any two or more of the foregoing.
		&#8220;Local obligations&#8221; means any bonds, notes, debentures, interim
certificates, bond, grant or revenue anticipation notes, leases, credit
enhancements, or any other obligations of a local government for the payment of
money.
		&#8220;Minimum capital reserve fund requirement&#8221; means, as of any
particular date of computation, the amount of money designated as the minimum
capital reserve fund requirement which may be established in the resolution of
the Authority authorizing the issuance of, or the trust indenture securing, any
outstanding issue of bonds or credit enhancement.
		&#8220;Project&#8221; 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 former federal
facility, 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 local government, and (ii) any federal
facility located or to be located in the Commonwealth, provided that both the
Board of Directors of the Authority and the governing body of the local
government receiving the benefit of the loan, grant, or credit enhancement from
the Authority make a determination or finding to be embodied in a resolution or
ordinance that the undertaking and financing of such facility is necessary for
the location or retention of such facility and the related use by the federal
government 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 projects; 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 §
45.2-1702 and other energy objectives as defined in § 45.2-1706.1. The term
also means any heavy rail transportation facilities operated by a transportation
district created under the Transportation District Act of 1964 (§ 33.2-1900 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 local government buildings, including administrative and
operations systems and other local government 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 project as defined in § 5.1-30.1 or 10.1-603.28 and any professional
sports facility, including a major league baseball stadium as defined in §
15.2-5800, provided that the specific professional sports facility projects have
been designated by the General Assembly as eligible for assistance from the
Authority. 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
court pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C. § 9601 et seq.), the Resource Conservation and
Recovery Act (42 U.S.C. § 6901 et seq.), the Virginia Waste Management Act (§
10.1-1400 et seq.), the State Water Control Law (§ 62.1-44.2 et seq.), or other
applicable statutory or common law or where jurisdiction of those statutes has
been waived. The term also means any program or project for land conservation,
parks, park facilities, land for recreational purposes, or land preservation,
including but not limited to any program or project 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 project undertaken to
benefit the economic and community development goals of a local government but
does not include any dredging program or dredging project undertaken for or by
the Virginia Port Authority. The term also means any oyster restoration project,
including planting and replanting with seed oysters, oyster shells, or other
material that will catch, support, and grow oysters. The term also means any
program or project to perform site acquisition or site development work for the
benefit of economic and community development projects for any local government.
The term also means any undertaking by a local government to build or facilitate
the production or preservation of housing or a recovered gas energy facility and
any local government renewable energy project, including solar, wind, biomass,
waste-to-energy, and geothermal projects. The term also means any undertaking by
a local government to facilitate the remediation of residential properties
contaminated by the presence of defective drywall. The term also means any
undertaking by a local government to provide grants, loans, financial
assistance, or any other incentives pursuant to § 15.2-958.
		&#8220;Recovered gas energy facility&#8221; 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 § 62.1-44.18 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 § 10.1-1400, 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.

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.