                                 CODE OF VIRGINIA

ENTITLEMENT TO TAX REVENUES FROM A MAJOR TOURISM PROJECT (§ 58.1-3851.3)

A. For purposes of this section:
			&#8220;Economic development authority&#8221; means a local industrial
development authority or a local or regional political subdivision, the public
purpose of which is to assist in economic development.
			&#8220;Gap financing&#8221; means debt financing to compensate for a
shortfall in project funding between the expected development costs of a major
tourism project and the debt and equity capital provided by the developer of the
project and any refinancing of a gap financing. &#8220;Gap financing&#8221;
includes a developer&#8217;s primary debt financing, as well as any refinancing
thereof, if the entitlements to tax revenues provided under this section are
pledged as collateral for such primary debt financing.
			&#8220;Major tourism project&#8221; means a tourism project that meets the
requirements set forth in subdivision B 1 and that additionally represents a new
capital investment of at least $500 million in a new tourism facility or in a
substantial and significant renovation or expansion of an existing tourism
facility by a private entity in the Commonwealth, that will result in the
creation of at least 500 net new jobs, and, as determined by the Virginia
Tourism Authority, that supports increased hotel occupancy, an increase in the
number of out-of-state visitors to the Commonwealth, and other factors of
significant fiscal and economic impact. Any property, real, personal, or mixed,
that is necessary or complementary, such as arenas, sporting facilities, hotels,
and other tourism venues, developed in connection with any such major tourism
project, including facilities for food preparation and serving, parking
facilities, and administrative offices, is encompassed within this definition,
as is theme-related retail activity that occurs on site and directly supports
the tourism mission of the project. &#8220;Major tourism project&#8221; does not
include, for purposes of this section, (i) general retail outlets, ancillary
retail structures not directly related to the tourism purpose of the project, or
other retail establishments commonly referred to as shopping centers or malls or
(ii) residential condominiums, townhomes, or other residential units.

B. 1. If a locality has established a tourism zone pursuant to § 58.1-3851, has
adopted an ordinance establishing a tourism plan as determined by guidelines set
forth by the Virginia Tourism Authority, and has adopted an ordinance
authorizing a major tourism project to meet a deficiency identified in the
adopted tourism plan approved by the Virginia Tourism Authority, and if the
major tourism project has been certified by the State Comptroller as qualifying
for the entitlement to tax revenues authorized by this section, the major
tourism project shall be entitled to an amount equal to the revenues generated
by a two percent state sales and use tax on transactions taking place on the
premises of the authorized major tourism project. The entitlement shall be
contingent on the locality&#8217;s enacting an ordinance designating certain
local revenues to the project pursuant to subsection C and shall be subject to
the conditions set forth in subsection D. The entitlement shall also be subject
to review and approval by the MEI Project Approval Commission pursuant to §
30-310. The purpose of such entitlement shall be to assist the developer with
obtaining gap financing and making payments of principal and interest thereon.

   2. On a quarterly basis, the Tax Commissioner shall certify the amount of the
   entitled sales and use tax revenues to the Comptroller, who shall remit such
   revenues to the county or city in which the authorized major tourism project
   is located. The county or city shall remit the revenues to the economic
   development authority or such other entity as the economic development
   authority shall designate. No payments herein shall be made until an agreement
   exists between the developer of the authorized major tourism project and the
   economic development authority. The entitlement shall continue until the gap
   financing is paid in full or for the length of time specified in the agreement
   between the developer and the economic development authority, but in no event
   shall the entitlement extend beyond 20 years from the date of the accrual of
   the initial entitlement. Entitled sales and use tax revenues shall be applied
   solely to payments of principal and interest on the qualified gap financing.

   3. The state sales and use tax entitlement established in subdivision 1 shall
   not include any (i) sales and use tax revenues dedicated pursuant to &#xA7;
   58.1-638 or 58.1-638.1 or (ii) revenues generated pursuant to Chapter 766 of
   the Acts of Assembly of 2013, the additional state sales and use tax in
   certain counties and cities assessed pursuant to subsection B of &#xA7;
   58.1-603.1 and subsection B of &#xA7; 58.1-604.01; or the additional state
   sales and use tax in certain counties and cities of historic significance
   imposed under &#xA7; 58.1-603.2.

C. If a locality has adopted the ordinances required by subdivision B 1 to
entitle an authorized major tourism project to an amount equal to the revenues
generated by a two percent state sales and use tax on transactions taking place
on the premises of the authorized major tourism project, or subsequently
acquired premises for the major tourism project, the local governing body of the
county or city in which the authorized major tourism project is located shall
also direct by ordinance that an amount of local revenues, from any authorized
source of revenues available to the locality, equal to the revenues generated by
at least a two percent state sales and use tax generated by transactions taking
place on the premises of the authorized major tourism project, or subsequently
acquired premises for the authorized major tourism project, shall be applied to
the payment of principal and interest on the qualified gap financing. Such
revenues shall be remitted in the same manner, for the same time period, and
under the same conditions as the remittances paid in accordance with subsection
B, mutatis mutandis.

D. Prior to any entitlement to tax revenues for a major tourism project pursuant
to subsections B and C, the owner of such project shall have a minimum of 70
percent of funding for the project in place through debt or equity, enter into a
performance agreement with the economic development authority or political
subdivision, and enter into an agreement to pay an access fee. The access fee
shall be equivalent to the state sales and use tax revenue generated by and
returned to the project pursuant to subdivision B 1 and shall be collected by
the locality and remitted to the economic development authority or such other
entity as the economic development authority shall designate on a quarterly
basis. The access fee and the state and local contributions pursuant to this
section shall be used solely to make payments of principal and interest on the
qualified gap financing.

E. In the event that the total amount of state and local contributions pursuant
to this section and the access fee exceeds any annual debt service on the
qualified gap financing, such excess shall be paid to the principal of the loan
until the qualified gap financing is paid in full.

F. Neither the Commonwealth nor any political subdivision of the Commonwealth
shall incur any debt under this section. Nothing in this section shall be
construed as authorizing the pledging of the faith and credit of the
Commonwealth, or any of its revenues, or the faith and credit of any other
political subdivision of the Commonwealth, or any of its revenues, for the
payment of any debt or debt financing, or meeting any contractual obligation
incurred by the owner or developer of any authorized major tourism project.

G. A major tourism project that is entitled to and receives revenues pursuant to
this section shall not be eligible to receive revenues pursuant to &#xA7;
58.1-608.3, 58.1-3851.1, or 58.1-3851.2.

HISTORY: 2022, c. 468.