                                 CODE OF VIRGINIA

 ESTABLISHMENT OF THE CONSORTIUM (§ 45.2-2105)

A. The Board shall provide for the formation, by January 1, 2014, of a nonstock
corporation under Chapter 10 (&#xA7; 13.1-801 et seq.) of Title 13.1, not
organized for profit, that shall include in its name the words &#8220;Virginia
Nuclear Energy Consortium&#8221; or some variation thereof that is approved by
the Board.

B. The Consortium shall be established for the purpose of conducting activities
useful in (i) making the Commonwealth a leader in nuclear energy; (ii) serving
as an interdisciplinary study, research, and information resource for the
Commonwealth on nuclear energy issues; and (iii) carrying out the provisions of
this article, including raising money on behalf of the Authority in the
corporate and nonprofit community and from other nonstate sources.

C. The membership of the Consortium shall be open to:

   1. Public or private institutions of higher education in the Commonwealth;

   2. Commonwealth-based federal research laboratories;

   3. Nuclear energy-related nonprofit organizations;

   4. Business entities with operating facilities located in the Commonwealth
   that are engaged in activities directly related to the nuclear energy
   industry; and

   5. Other individuals or entities whose membership is approved by the board of
   directors of the Consortium through a process established by the bylaws of the
   Consortium.

D. The board of directors of the Consortium shall consist of members selected
and approved by the Consortium pursuant to a process established by its bylaws.

E. The board of directors of the Consortium shall appoint an executive director
to serve as the principal administrative officer of the Consortium. The
executive director shall carry out the specific duties assigned to him by the
board of directors and develop appropriate policies and procedures for the
operation of the Consortium; employ persons and secure services as required to
carry out the purposes of the Consortium; expend funds as authorized by the
Authority; and accept moneys from federal or private sources on behalf of the
Authority, including moneys contributed by Consortium members to the Authority,
for cost-sharing on nuclear energy research or projects. The executive director
and any other employee of the Consortium (i) shall be compensated in the manner
provided by the board of directors of the Authority, (ii) shall not be subject
to the provisions of the Virginia Personnel Act (&#xA7; 2.2-2900 et seq.), and
(iii) shall not be deemed to be an officer or employee for purposes of the State
and Local Government Conflict of Interests Act (&#xA7; 2.2-3100 et seq.).

F. The articles of incorporation of the Consortium shall provide that upon
dissolution the net assets of the Consortium shall be transferred to the
Authority.

G. The Consortium shall not be deemed to be a state or governmental agency,
advisory agency, public body, or agency or instrumentality for purposes of
Chapter 8 (&#xA7; 2.2-800 et seq.), 18 (&#xA7; 2.2-1800 et seq.), 24 (&#xA7;
2.2-2400 et seq.), 29 (&#xA7; 2.2-2900 et seq.), 31 (&#xA7; 2.2-3100 et seq.),
37 (&#xA7; 2.2-3700 et seq.), 38 (&#xA7; 2.2-3800 et seq.), 43 (&#xA7; 2.2-4300
et seq.), 44 (&#xA7; 2.2-4400 et seq.), 45 (&#xA7; 2.2-4500 et seq.), 46 (&#xA7;
2.2-4600 et seq.), or 47 (&#xA7; 2.2-4700 et seq.) of Title 2.2, Chapter 14
(&#xA7; 30-130 et seq.) of Title 30, or Chapter 1 (&#xA7; 51.1-124.1 et seq.) of
Title 51.1.

H. The board of directors of the Consortium shall adopt, alter, and repeal
bylaws governing the manner in which its business shall be transacted and the
manner in which the activities of the Consortium shall be conducted.

I. The Consortium shall report on all of its nonproprietary activities at least
twice a year to the Authority.

HISTORY: 2013, cc. 57, 394, § 67-1404; 2021, Sp. Sess. I, c. 387.