Bill Text: VA SB731 | 2016 | Regular Session | Conference Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Capital outlay funding; issuance of bonds by VPBA & VCBA for certain projects & programs.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2016-04-20 - Governor: Acts of Assembly Chapter text (CHAP0769) [SB731 Detail]

Download: Virginia-2016-SB731-Conference_Sub.html

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16106378D
SENATE BILL NO. 731 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Joint Conference Committee on March 11, 2016) (Patron Prior to Substitute--Senator Hanger) A BILL to authorize the Virginia Public Building Authority and the Virginia College Building Authority to issue bonds in an aggregate principal amount not to exceed $2,067,651,677 plus certain costs to fund certain capital projects.

Be it enacted by the General Assembly of Virginia:

1. §1. That pursuant to §2.2-2264 of the Code of Virginia, the General Assembly hereby authorizes the Virginia Public Building Authority (VPBA) to undertake the following projects, including, without limitation, constructing, improving, furnishing, equipping, acquiring, and renovating buildings, facilities, improvements, and land therefor, and to exercise any and all powers granted to it by law in connection therewith, including the power to finance all or any portion of the cost thereof by the issuance of revenue bonds in a principal amount not to exceed $271,221,771 plus amounts needed to fund issuance costs, reserve funds, original issue discount, interest prior to and during acquisition, construction, or renovation and for one year after completion thereof, and other financing expenses. The General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this section. Debt service on projects contained in this section shall be provided from appropriations to the Treasury Board.

	Agency Code	Institution/Agency	Project Title
	146	Science Museum of Virginia	Construct Parking Facility / Master Site Plan
	199	Department of Conservation and Recreation	Renovate Walnut Valley Farm at Chippokes State Park
	199	Department of Conservation and Recreation	Provide Various Utility/ADA Upgrades
	199	Department of Conservation and Recreation	Construct Retaining Wall on Lover's Leap Trail at Natural Tunnel State Park
	199	Department of Conservation and Recreation	Repair/Replace Trestles at New River Trail State Park
	199	Department of Conservation and Recreation	Replace Existing Bulkheads at False Cape State Park
	199	Department of Conservation and Recreation	Replace Bridge to Amphitheater at Hungry Mother State Park
	199	Department of Conservation and Recreation	Complete Bridge Repair at Staunton River Battlefield State Park
	199	Department of Conservation and Recreation	Construct Restroom at 64th Street Entrance at First Landing State Park
	199	Department of Conservation and Recreation	Construct Restroom at Massie Gap in Grayson Highlands State Park
	199	Department of Conservation and Recreation	Renovate Foster Falls Hotel at New River Trail State Park
	199	Department of Conservation and Recreation	Construct Various Cabins at Pocahontas and Powhatan State Parks
	199	Department of Conservation and Recreation	Renovate Various Cabins
	199	Department of Conservation and Recreation	Renovate Various Campgrounds
	199	Department of Conservation and Recreation	Construct Widewater Phase I
	199	Department of Conservation and Recreation	Develop Clinch River State Park
	203	Wilson Workforce and Rehabilitation Center	Renovate and Expand Anderson Vocational Training Building, Phase II
	218	Virginia School for the Deaf and the Blind	Renovate Bradford Hall
	238	Virginia Museum of Fine Arts	Replace Air Handling Units
	239	Frontier Culture Museum	Construct Early American Industry Exhibit
	425	Jamestown-Yorktown Foundation	Renovate Exhibits
	720	Department of Behavioral Health and Developmental Services	Expand Western State Hospital
	778	Department of Forensic Science	Expand Central Forensic Laboratory and Office of the Chief Medical Examiner Facility
	799	Department of Corrections	Renovate Marion Correctional Center
	799	Department of Corrections	Replace Roofs—Red Onion and Wallens Ridge
	799	Department of Corrections	Replace Generators Statewide
		Total		$271,221,771

§2. That pursuant to §23-30.28 of the Code of Virginia, the General Assembly hereby authorizes the Virginia College Building Authority to undertake the following projects, including, without limitation, constructing, improving, furnishing, equipping, acquiring, and renovating buildings, facilities, improvements, and land therefor, to exercise any and all powers granted to it by law in connection therewith; and to finance all or any portion of the cost thereof by the issuance of revenue bonds in a principal amount not to exceed $1,339,629,906 plus amounts needed to fund issuance costs, reserve funds, original issue discount, interest prior to and during acquisition, construction, or renovation and for one year after completion thereof, and other financing expenses. Bonds of the Virginia College Building Authority issued to finance such projects may be sold and issued under the 21st Century College Program at the same time with other obligations of the Virginia College Building Authority as separate issues or as a combined issue. The Authority may pay all or any part of the cost of any project listed in this section or authorized or any portion thereof with any income and reserve funds of the Authority available for such purpose, and in such case may transfer such funds of the Authority, with the approval of the Governor. The General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this section. Debt service on projects contained in this section shall be provided from appropriations to the Treasury Board.

	Agency Code	Institution/Agency	Project Title
	204	The College of William and Mary	Fine Arts, Phase I & II
	204	The College of William and Mary	Construct West Utilities Plant
	207	University of Virginia	Renovate Gilmer Hall and Chemistry Building
	208	Virginia Polytechnic Institute and State University	Renovate Holden Hall (Engineering)
	208	Virginia Polytechnic Institute and State University	Construct VT Carilion Research Institute Biosciences Addition
	208	Virginia Polytechnic Institute and State University	Construct Central Chiller Plant, Phase II
	211	Virginia Military Institute	Renovate Preston Library
	211	Virginia Military Institute	Post Infrastructure Improvements, Phase I, II, and III
	211	Virginia Military Institute	Renovate Scott Shipp Hall
	212	Virginia State University	Maintenance Reserve Supplement / Master Plan Update
	213	Norfolk State University	Maintenance Reserve Supplement / Master Plan Update
	214	Longwood University	Construct New Academic Building
	214	Longwood University	Replace Steam Distribution System, Wheeler Mall
	215	University of Mary Washington	Construct Jepson Science Center Addition
	215	University of Mary Washington	Renovate Seacobeck
	215	University of Mary Washington	Repair/Replace Underground Utilities
	216	James Madison University	Construct New School of Business
	216	James Madison University	Renovate Wilson Hall
	217	Radford University	Renovate Curie and Reed Halls
	221	Old Dominion University	Construct Chemistry Building
	229	Virginia Cooperative Extension and Agricultural Experiment Station	Construct Livestock and Poultry Research Facilities, Phase I
	236	Virginia Commonwealth University	Construct School of Allied Health Professions Building
	236	Virginia Commonwealth University	Expand School of Engineering
	236	Virginia Commonwealth University	Construct Commonwealth Center for Advanced Logistics Systems (CCALS)
	242	Christopher Newport University	Renovate Fine Arts
	242	Christopher Newport University	Construct Library, Phase II
	247	George Mason University	Renovate Robinson Hall and Harris Theater
	247	George Mason University	Construct Utilities Distribution Infrastructure
	260	Virginia Community College System	Renovate Seefeldt Academic Building / Replace Building Envelope, Woodbridge Campus, Northern Virginia
	260	Virginia Community College System	Renovate Bird Hall and Renovate / Expand Nicholas Center, Chester Campus, John Tyler
	260	Virginia Community College System	Renovate Howsmon/Colgan Building, Manassas Campus, Northern Virginia
	260	Virginia Community College System	Major Mechanical, Northern Virginia, New River and Mountain Empire
	260	Virginia Community College System	Construct Bioscience Building, Blue Ridge
	260	Virginia Community College System	Construct Academic Building, Fauquier Campus, Lord Fairfax
	260	Virginia Community College System	Replace Phase I Academic and Administration Building, Eastern Shore
	260	Virginia Community College System	Construct Student Service and Learning Resources Center, Christianna Campus, Southside Virginia
	260	Virginia Community College System	Improve Life Safety and Security, Systemwide, Phase I
	268	Virginia Institute of Marine Science	Replace Mechanical Systems and Repair Building Envelope of Chesapeake Hall
	268	Virginia Institute of Marine Science	Construct Facilities Management Building
	274	Eastern Virginia Medical School	Construct New Education and Academic Administration Building
	274	Eastern Virginia Medical School	Renovate Hofheimer
	274	Eastern Virginia Medical School	Renovate Lewis Hall
	935	Roanoke Higher Education Authority	Renovate and Expand Clinical Simulation Labs for Nursing
	937	Southern Virginia Higher Education Center	Replace Roof, HVAC, and Other Repairs
	948	Southwest Virginia Higher Education Center	Construct Service Corridor, Storage Area; Replace Generator
		Total		$1,339,629,906

2. §1. That the Virginia Public Building Authority, pursuant to §2.2-2264 of the Code of Virginia, or the Virginia College Building Authority pursuant to §23-30.28 of the Code of Virginia, is authorized to issue revenue bonds in a principal amount not to exceed $12,200,000 plus amounts needed to fund issuance costs, reserve funds, original issue discount, interest prior to and during acquisition, construction, or renovation and for one year after completion thereof, and other financing expenses. The proceeds of such bonds shall be used to supplement the prior funding for the projects in this enactment. The General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this section. Debt service on projects contained in this section shall be provided from appropriations to the Treasury Board.

	Agency Code	Institution/Agency	Project Title
	238	Virginia Museum of Fine Arts	Renovate Robinson House
	912	Department of Veterans Services	War Memorial Supplement
	425	Jamestown Yorktown Foundation	Yorktown Museum Generators (Supplement)
	935	Roanoke Higher Education Authority	Renovate Claude Moore Building
		Total		$12,200,000

3. §1.That the Virginia Public Building Authority, pursuant to §2.2-2264 of the Code of Virginia, or the Virginia College Building Authority pursuant to §23-30.28 of the Code of Virginia, is authorized to issue revenue bonds in a principal amount not to exceed $15,600,000 plus amounts needed to fund issuance costs, reserve funds, original issue discount, interest prior to and during acquisition, construction, or renovation and for one year after completion thereof, and other financing expenses to provide funds for equipment for the following projects for which funding for construction was previously provided, or to maintain existing operational capability. The General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this section. Debt service on projects contained in this section shall be provided from appropriations to the Treasury Board.

	Agency Code	Institution/Agency	Project Title
	146	Science Museum of Virginia	Construct Event Space (17974)
	214	Longwood University	Construct Student Success Center (17982)
	216	James Madison University	Renovate Madison Hall (18085)
	217	Radford University	Renovate Whitt Hall (18067)
	236	Virginia Commonwealth University	Renovate Sanger Hall, Phase II (18070)
	236	Virginia Commonwealth University	Renovate Raleigh Building (18071)
	247	George Mason University	Construct Academic VII / Research III, Phase I (17999)
	912	Department of Veterans Services	Expand Virginia War Memorial (18010)
	238	Virginia Museum of Fine Arts	Art Conservation Laboratory
		Total		$15,600,000

4. §1. That beginning July 1, 2017, the following projects shall be funded for detailed planning from amounts in the Central Capital Planning Fund established under §2.2-1520 of the Code of Virginia, and amounts are hereby appropriated from the Central Capital Planning Fund for such purposes as provided in this enactment.

	Agency Code	Institution/Agency	Project Title
	123	Department of Military Affairs	Renovate Roanoke Readiness Center
	156	Department of State Police	Construct Division Six Headquarters
	194	Department of General Services	Expand Consolidated Labs, 1st Floor
	194	Department of General Services	Renovate Morson Row
	204	The College of William and Mary	Integrated Science Center, Phase IV
	207	University of Virginia	Renovate Physics Building
	207	University of Virginia	Renovate Alderman Hall, Life Safety, Phase I
	208	Virginia Polytechnic Institute and State University	Construct Undergraduate Lab Building
	212	Virginia State University	Demolish / Replace Daniel Gym and Demolish Harris Hall
	216	James Madison University	Renovate Jackson Hall
	221	Old Dominion University	Construct Health Sciences Building
	236	Virginia Commonwealth University	Construct STEM Class Lab Building
	241	Richard Bland College	Construct Center for Innovation and Educational Development
	246	University of Virginia's College at Wise	Renovate / Convert Wyllie Library
	247	George Mason University	Improve Telecommunications Infrastructure
	260	Virginia Community College System	Replace French Slaughter Building, Locust Grove, Germanna
	260	Virginia Community College System	Renovate Diggs/Moore/Harrison Complex, Hampton, Thomas Nelson
	260	Virginia Community College System	Construct Advanced Technical Training Center, Piedmont Virginia
	260	Virginia Community College System	Renovate Amherst/Campbell Hall, Central Virginia
	268	Virginia Institute of Marine Science	Replace Oyster Hatchery
	777	Department of Juvenile Justice	Construct New Juvenile Correctional Center, Chesapeake

§2. In accordance with Chapter 15.1 (§2.2-1515 et seq.) of Title 2.2 of the Code of Virginia, each institution and agency shall submit its completed detailed planning documents to the Six-Year Capital Outlay Plan Advisory Committee for its review and recommendation.

§3. Each public college and university is authorized to use additional higher education operating nongeneral funds to move to working drawings for the projects listed in §1.

§4. Each agency may utilize other nongeneral funds to move to working drawings for the projects authorized in §1.

§5. Each agency or institution shall be reimbursed for all nongeneral funds used when the project is funded to move into the construction phase.

§6. In accordance with §2.2-1520 of the Code of Virginia, the Director of the Department of Planning and Budget shall reimburse the Central Capital Planning Fund for the amounts provided for detailed planning when the project is funded to move into the construction phase.

§7. No planning documents pursuant to this enactment shall be submitted to the Governor or the General Assembly prior to December 2018.

5. That pursuant to §2.2-2263 of the Code of Virginia, the Virginia Public Building Authority is authorized to issue bonds in an aggregate amount not to exceed $350,000,000 plus amounts needed to fund issuance costs, reserve funds, original issue discount, interest prior to and during acquisition, construction, or renovation and for one year after completion thereof, and other financing expenses. The proceeds of such bonds shall be used to fund capital projects at Norfolk International Terminal. The General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this enactment. Debt service on projects contained in this enactment shall be provided from appropriations to the Treasury Board.

6. That pursuant to §2.2-2263 of the Code of Virginia, the Virginia Public Building Authority is authorized to issue bonds in an aggregate amount not to exceed $59,000,000 plus amounts to fund related issuance costs and other financing expenses. The proceeds of such bonds shall be provided to the Department of Environmental Quality to reimburse entities as provided in Chapter 21.1 (§10.1-2117 et seq.) of Title 10.1 of the Code of Virginia, considered as eligible Significant and Non-Significant Dischargers in the Chesapeake Bay watershed, for capital costs incurred for the design and installation of nutrient removal technology. Such reimbursements shall be in accordance with eligibility determinations made by the Department pursuant to the provisions of this enactment and Chapter 21.1 (§10.1-2117 et seq.) of Title 10.1 of the Code of Virginia. The Department of Environmental Quality shall submit cash flow requirements for this program to the Director of the Department of Planning and Budget and the State Treasurer. The cash flows shall indicate quarterly cash needs to the program's completion. The appropriations under this enactment are subject to the conditions in §2-0 F of Chapter 665 of the Acts of Assembly of 2015, but are not subject to the other provisions of § 2-0, the provisions of 4-4.01 of Chapter 665 of the Acts of Assembly of 2015, or the provisions of §2.2-1132 of the Code of Virginia. The General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this enactment. Debt service on projects contained in this enactment shall be provided from appropriations to the Treasury Board.

7. That pursuant to §2.2-2263 of the Code of Virginia, the Virginia Public Building Authority is authorized to issue bonds in an aggregate amount not to exceed $20,000,000 plus amounts to fund related issuance costs and other financing expenses. The proceeds of such bonds shall be deposited into the Stormwater Local Assistance Fund, established in Item 360 of Chapter 806 of the Acts of Assembly of 2013 and continued in paragraph C. 1. of Item 363 of Chapter 665 of the Acts of Assembly of 2015, and used by the Department of Environmental Quality to provide grants solely for capital projects consistent with the purpose of the Fund, including: (i) new stormwater best management practices; (ii) stormwater best management practice retrofits; (iii) stream restoration; (iv) low impact development projects; (v) buffer restoration; (vi) pond retrofits; and (vii) wetlands restoration. Such grants shall be in accordance with eligibility determinations made by the Department of Environmental Quality. The appropriations under this enactment are subject to the conditions in §2-0 F of Chapter 665 of the Acts of Assembly of 2015, but are not subject to the other provisions of §2-0, the provisions of 4-4.01 of Chapter 665 of the Acts of Assembly of 2015, or the provisions of §2.2-1132 of the Code of Virginia. The General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this enactment. Debt service on projects contained in this enactment shall be provided from appropriations to the Treasury Board.

8. That the provisions of Item C-46.10 of Chapter 665 of the Acts of Assembly of 2015, as it relates to the Advanced Manufacturing Apprentice Academy Center and Regional Centers of Excellence, are hereby extended without change.

9. That out of the amounts authorized in Item C-43, D 1 of Chapter 665 of the Acts of Assembly of 2015, $5,250,000 is designated and appropriated to renovate the Post Library as a visitor center for Fort Monroe.

10. That the appropriations for the capital projects authorized in §§1 and 2 of the first enactment of this act are subject to the conditions in §2-0 F of Chapter 665 of the Acts of Assembly of 2015. In addition, not more than a total aggregate principal amount of $300 million in debt obligations shall be issued excluding refunding bonds in any fiscal year for such capital projects, provided, however, that if less than a total aggregate principal amount of $300 million in debt obligations is incurred in any fiscal year for such capital projects, the unused amount may be added to any other subsequent fiscal year. Issuance of debt shall proceed so that the projected average annual debt service on all tax-supported debt over the 10-year horizon shall be below five percent of blended revenues, as defined by the Debt Capacity Advisory Committee. All issuance requirements shall be guided by the project cash flows that shall be submitted as follows. Agencies and institutions included shall submit cash flow requirements for each project to the Director of the Department of Planning and Budget, the Director of the Department of General Services, the Chairmen of the House Committee on Appropriations and Senate Committee on Finance, and the Six-Year Capital Outlay Advisory Committee. The cash flows shall indicate quarterly cash needs to complete planning, working drawings, and construction funding to the project completion. The Six-Year Capital Outlay Advisory Committee shall review the cash flow requirements and forward the project cash flows to the Department of the Treasury. The Department of the Treasury shall use the cash flows as guidance for the issuance needs for the capital projects in this item by the Virginia College Building Authority and the Virginia Public Building Authority. The Six-Year Capital Outlay Advisory Committee shall, at a minimum, meet at the end of each quarter to evaluate project progress. In accordance with §2.2-1520 of the Code of Virginia, the Director of the Department of Planning and Budget shall reimburse the Central Capital Planning Fund and agencies and institutions for any amounts provided for and expenses incurred for project planning for the projects in this act. Beginning July 1, 2016, the Director of the Department of Planning and Budget and the Director of the Department of General Services shall provide a quarterly progress report to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance on the projects in this act. The Auditor of Public Accounts shall report on the adherence to the cash flow requirements for each project and any deviation in necessary project appropriation and allotment that creates a delay in the progress of the projects. The report shall be submitted annually to the Governor, the Speaker of the House of Delegates, the President Pro-Tempore of the State Senate and the Chairmen of the House Committee on Appropriations and Senate Committee on Finance.

11. That funding for the projects in the first and fourth enactments of this act shall not be released until all projects previously authorized for construction in Items C-39.05 and C-39.40 of Chapter 1 of the Acts of Assembly of 2014, Special Session I, have had funding released and all phases of each project are under contract for construction. Beginning July 1, 2016, the Director of the Department of Planning and Budget and the Director of the Department of General Services shall report to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance on a quarterly basis on the status of all projects in these two items. The Auditor of Public Accounts shall monitor any release of funding for the projects in the first and fourth enactments for compliance with the conditions of this enactment and report any noncompliance to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance.