62.1-199 - Definitions.
§ 62.1-199. Definitions.
As used in this chapter, unless a different meaning clearly appears from thecontext:
"Authority" means the Virginia Resources Authority created by this chapter.
"Board of Directors" means the Board of Directors of the Authority.
"Bonds" means any bonds, notes, debentures, interim certificates, bond,grant or revenue anticipation notes, lease and sale-leaseback transactions orany other evidences of indebtedness of the Authority.
"Capital Reserve Fund" means the reserve fund created and established bythe Authority in accordance with § 62.1-215.
"Cost," as applied to any project financed under the provisions of thischapter, means the total of all costs incurred by the local government asreasonable and necessary for carrying out all works and undertakingsnecessary or incident to the accomplishment of any project. It includes,without limitation, all necessary developmental, planning and feasibilitystudies, surveys, plans and specifications, architectural, engineering,financial, legal or other special services, the cost of acquisition of landand any buildings and improvements thereon, including the discharge of anyobligations of the sellers of such land, buildings or improvements, realestate appraisals, site preparation and development, including demolition orremoval of existing structures, construction and reconstruction, labor,materials, machinery and equipment, the reasonable costs of financingincurred by the local government in the course of the development of theproject, including the cost of any credit enhancements, carrying chargesincurred before placing the project in service, interest on local obligationsissued to finance the project to a date subsequent to the estimated date theproject is to be placed in service, necessary expenses incurred in connectionwith placing the project in service, the funding of accounts and reserveswhich the Authority may require and the cost of other items which theAuthority determines to be reasonable and necessary. It also includes theamount of any contribution, grant or aid which a local government may make orgive to any adjoining state, the District of Columbia or any department,agency or instrumentality thereof to pay the costs incident and necessary tothe accomplishment of any project, including, without limitation, the itemsset forth above. The term also includes interest and principal paymentspursuant to any installment purchase agreement.
"Credit enhancements" means surety bonds, insurance policies, letters ofcredit, guarantees and other forms of collateral or security.
"Defective drywall" means the same as that term is defined in § 36-156.1.
"Federal facility" means any building or infrastructure used or to be usedby the federal government, including any building or infrastructure locatedon lands owned by the federal government.
"Federal government" means the United States of America, or any department,agency or instrumentality, corporate or otherwise, of the United States ofAmerica.
"Former federal facility" means any federal facility formerly used by thefederal government or in transition from use by the federal government to afacility all or part of which is to serve any local government.
"Local government" means any county, city, town, municipal corporation,authority, district, commission or political subdivision created by theGeneral Assembly or pursuant to the Constitution and laws of the Commonwealthor any combination of any two or more of the foregoing.
"Local obligations" means any bonds, notes, debentures, interimcertificates, bond, grant or revenue anticipation notes, leases or any otherevidences of indebtedness of a local government.
"Minimum capital reserve fund requirement" means, as of any particular dateof computation, the amount of money designated as the minimum capital reservefund requirement which may be established in the resolution of the Authorityauthorizing the issuance of, or the trust indenture securing, any outstandingissue of bonds or credit enhancement.
"Project" means (i) any water supply or wastewater treatment facilityincluding a facility for receiving and stabilizing septage or a soil drainagemanagement facility and any solid waste treatment, disposal, or managementfacility, recycling facility, federal facility or former federal facility, orresource recovery facility located or to be located in the Commonwealth, theDistrict of Columbia or any adjoining state, all or part of which facilityserves or is to serve any local government; and (ii) any federal facilitylocated or to be located in the Commonwealth, provided that both the Board ofDirectors of the Authority and the governing body of the local governmentreceiving the benefit of the loan, grant, or credit enhancement from theAuthority make a determination or finding to be embodied in a resolution orordinance that the undertaking and financing of such facility is necessaryfor the location or retention of such facility and the related use by thefederal government in the Commonwealth. The term includes, withoutlimitation, water supply and intake facilities; water treatment andfiltration facilities; water storage facilities; water distributionfacilities; sewage and wastewater (including surface and ground water)collection, treatment and disposal facilities; drainage facilities andprojects; solid waste treatment, disposal or management facilities; recyclingfacilities; resource recovery facilities; related office, administrative,storage, maintenance and laboratory facilities; and interests in land relatedthereto. The term also includes energy conservation measures and facilitytechnology infrastructure as defined in § 11-34.2 and other energy objectivesas defined in § 67-101. The term also means any heavy rail transportationfacilities operated by a transportation district, created under theTransportation District Act of 1964 (§ 15.2-4500 et seq.), which operatesheavy rail freight service, including rolling stock, barge loadingfacilities, and any related marine or rail equipment. The term also means,without limitation, the design and construction of roads, the construction oflocal government buildings, including administrative and operations systemsand other local government equipment and infrastructure, public parkinggarages and other public transportation facilities, and facilities for publictransportation by commuter rail. In addition, the term means any project asdefined in § 5.1-30.1 and any professional sports facility, including a majorleague baseball stadium as defined in § 15.2-5800, provided that the specificprofessional sports facility projects have been designated by the GeneralAssembly as eligible for assistance from the Authority. The term also meansany equipment, facilities, and technology infrastructure designed to providebroadband service. The term also means facilities supporting, related to, orotherwise used for public safety including, but not limited to,law-enforcement training facilities and emergency response, fire, rescue andpolice stations. The term also means the remediation, redevelopment andrehabilitation of property contaminated by the release of hazardoussubstances, hazardous wastes, solid wastes or petroleum where suchremediation has not clearly been mandated by the United States EnvironmentalProtection Agency, the Department of Environmental Quality, or a courtpursuant to the Comprehensive Environmental Response, Compensation andLiability Act (42 U.S.C. § 9601 et seq.), the Resource Conservation andRecovery 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.), orother applicable statutory or common law or where jurisdiction of thosestatutes has been waived. The term also means any program or project for landconservation, parks, park facilities, land for recreational purposes, or landpreservation, including but not limited to any program or project involvingthe acquisition of rights or interests in land for the conservation orpreservation of such land. The term also means any oyster restorationproject, including planting and replanting with seed oysters, oyster shells,or other material that will catch, support, and grow oysters. The term alsomeans any program or project to perform site acquisition or site developmentwork for the benefit of economic and community development projects for anylocal government. The term also means any undertaking by a local governmentto build or facilitate the building of a recovered gas energy facility. Theterm also means any undertaking by a local government to facilitate theremediation of residential properties contaminated by the presence ofdefective drywall.
"Recovered gas energy facility" means a facility, located at or adjacent to(i) a solid waste management facility permitted by the Department ofEnvironmental Quality or (ii) a sewerage system or sewage treatment workdescribed in § 62.1-44.18 that is constructed and operated for the purpose oftreating sewage and wastewater for discharge to state waters, which facilityor work is constructed and operated for the purpose of (a) reclaiming orcollecting methane or other combustible gas from the biodegradation ordecomposition of solid waste, as defined in § 10.1-1400, that has beendeposited in the solid waste management facility or sewerage system or sewagetreatment work and (b) either using such gas to generate electric energy orupgrading the gas to pipeline quality and transmitting it off premises forsale or delivery to commercial or industrial purchasers or to a publicutility or locality.
(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.)