                                 CODE OF VIRGINIA

POWERS OF THE AUTHORITY (§ 33.2-292)

A. The Authority, in addition to other powers enumerated in this article, is
hereby granted and shall have and may exercise all powers necessary or
convenient for the carrying out of its statutory purposes, including, but
without limiting the generality of the foregoing, the power to:

   1. Make and adopt bylaws, rules, and regulations;

   2. Adopt, use, and alter at will a common seal;

   3. Maintain offices;

   4. Sue and be sued, implead and be impleaded, complain, and defend in all
   courts in its own name; however, this shall not be deemed a waiver or
   relinquishment of any sovereign immunity to which the Authority or its
   officers, directors, employees, or agents are otherwise entitled;

   5. Grant others the privilege to design, build, finance, operate, and maintain
   rail facilities;

   6. Grant others the privilege to operate concessions, leases, and franchises,
   including but not limited to the accommodation and comfort of persons using
   rail facilities and the provision of ground transportation services and
   parking facilities for such persons;

   7. Borrow money and issue bonds to finance and refinance rail facilities
   pursuant to &#xA7; 33.2-294; and pledge or otherwise encumber all or any of
   the revenues or receipts of the Authority as security for all or any of the
   obligations of the Authority, subject to the limitations in subsection J of
   &#xA7; 33.2-294;

   8. Fix, alter, charge, and collect fees, rates, rentals, and other charges for
   the use of rail facilities, the sale of products, or services rendered by the
   Authority at rates to be determined by it for the purpose of providing for the
   payment of (i) expenses of the Authority; (ii) the costs of planning,
   development, construction, improvement, rehabilitation, repair, furnishing,
   maintenance, and operation of its rail facilities and properties; (iii) the
   costs of accomplishing its purposes set forth in &#xA7; 33.2-288; and (iv) the
   principal of and interest on its obligations, and the funding of reserves for
   such purposes, and the costs of maintaining, repairing, and operating any rail
   facilities and fulfilling the terms and provisions of any agreement made with
   the purchasers or holders of any such obligations;

   9. Make and enter into all contracts and agreements necessary or incidental to
   the performance of its duties, the furtherance of its purposes, and the
   execution of its powers under this article, including agreements with any
   person, federal agency, other state, or political subdivision of the
   Commonwealth;

   10. Employ, in its discretion, consultants, attorneys, architects, engineers,
   accountants, financial experts, investment bankers, superintendents, managers,
   and such other employees and agents as may be necessary and fix their
   compensation to be payable from funds lawfully available to the Authority;

   11. Appoint advisory committees as may be necessary for the performance of its
   duties, the furtherance of its purposes, and the execution of its powers under
   this article;

   12. Vacate or change location of any portion of any public highway, street,
   public way, public utility, sewer, pipe, main, conduit, cable, wire, tower
   pole, or other equipment of the Commonwealth and its political subdivisions
   and reconnect the same in a new location;

   13. Enter upon lands, waters, and premises for surveys, soundings, borings,
   examinations, and other activities as may be necessary for the performance of
   its duties;

   14. Receive and accept from any federal or private agency, foundation,
   corporation, association, or person grants, donations of money or real or
   personal property for the benefit of the Authority and receive and accept from
   the Commonwealth or any state, and any municipality, county, or other
   political subdivision thereof and from any other source, aid or contributions
   of either money, property, or other things of value to be held, used, and
   applied for the purposes for which such grants and contributions may be made,
   provided that any federal moneys so received and accepted shall be accepted
   and expended by the Authority upon such terms and conditions as are prescribed
   by the United States and as are consistent with the laws of the Commonwealth
   and any state moneys so received shall be accepted and expended by the
   Authority upon such terms and conditions as are prescribed by the
   Commonwealth;

   15. Accept loans from the federal government, the state government, regional
   authorities, localities, and private sources, provided that any federal moneys
   so accepted shall be accepted and expended by the Authority upon such terms
   and conditions as are prescribed by the United States and as are consistent
   with laws of the Commonwealth and any state moneys so accepted shall be
   accepted and expended by the Authority upon such terms and conditions as are
   prescribed by the Commonwealth;

   16. Lease or sell and convey the airspace superadjacent or subadjacent to any
   rail facility owned by the Authority;

   17. Pledge or otherwise encumber all or any of the revenues or receipts of the
   Authority as security for all or any of the obligations of the Authority;

   18. Participate in joint ventures with individuals, domestic or foreign stock
   and nonstock corporations, limited liability companies, partnerships, limited
   partnerships, associations, foundations, or other supporting organizations or
   other entities for providing passenger rail or related services or other
   activities that the Authority may undertake to the extent that such
   undertakings assist the Authority in carrying out the purposes and intent of
   this article;

   19. Act as a &#8220;responsible public entity&#8221; for the purposes of the
   acquisition, construction, improvement, maintenance, or operation, or any
   combination thereof, of a &#8220;qualifying transportation facility&#8221;
   under the Public-Private Transportation Act of 1995 (&#xA7; 33.2-1800 et
   seq.); and

   20. Undertake all actions necessary and convenient to carry out the powers
   granted herein.

B. Notwithstanding the provisions of this section, the Authority shall not
directly operate any passenger, commuter, or other rail service.

HISTORY: 2020, cc. 1230, 1275.