SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2008 SPECIAL SESSION I


CHAPTER 2
An Act to amend and reenact §§ 2.2-1509.1, 2.2-1514, as it is currently effective and as it may become effective, 2.2-2260, and 23-30.28 of the Code of Virginia, to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 15.1, consisting of sections numbered 2.2-1515 through 2.2-1520, and to repeal § 2.2-1503.2 of the Code of Virginia, relating to providing for capital outlay planning and funding.
[S 5001]
Approved May 21, 2008

 

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.2-1509.1, 2.2-1514, as it is currently effective and as it may become effective, 2.2-2260, and 23-30.28 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Title 2.2 a chapter numbered 15.1, consisting of sections numbered 2.2-1515 through 2.2-1520, as follows:

§ 2.2-1509.1. Budget bill to include appropriations for capital outlay projects.

A. For purposes of this section:

"Projected general fund revenues" for a fiscal year means the estimated general fund revenues for such year as contained in the six-year revenue plan submitted in the prior calendar year pursuant to § 2.2-1503.

"Capital outlay project" means the same as that term is defined in § 2.2-1503.2 § 2.2-1515.

B. In "The Budget Bill" submitted pursuant to § 2.2-1509, the Governor shall provide for the funding of capital outlay projects, as specified herein. Such funding recommendations shall be in addition to any appropriation for capital outlay projects from the Central Maintenance Reserve of the general appropriation act.

1. The Governor shall include in "The Budget Bill" submitted pursuant to § 2.2-1509 a biennial appropriation for the capital improvement outlay plan required by § 2.2-1503.2 described in § 2.2-1518. The biennial appropriation shall not be less than two percent of the projected general fund revenues for the biennium.

a. When the projected general fund revenues for a fiscal year or years are eight percent or greater than the projected general fund revenues for the immediately preceding fiscal year the amount of the biennial appropriation for the capital improvement outlay plan that the Governor shall provide from general fund revenues shall not be less than two percent of the projected general fund revenues for each fiscal year.

b. When the projected general fund revenues for a fiscal year or years are at least five percent but less than eight percent greater than the projected general fund revenues for the immediately preceding fiscal year, the Governor may recommend funding of up to one-half of the required biennial appropriation from alternative financing mechanisms, including, but not limited to, bonded indebtedness. The Governor shall submit such bill or bills for consideration by the General Assembly as are necessary to implement such alternative financings, and shall include in "The Budget Bill" submitted pursuant to § 2.2-1509 proposed appropriations from general fund revenues for the remaining one-half of the required biennial appropriation.

c. When the projected general fund revenues for a fiscal year or years are less than five percent greater than the projected general fund revenues for the immediately preceding fiscal year, the Governor may recommend funding of up to the entire required biennial appropriation from alternative financing mechanisms, including, but not limited to, bonded indebtedness. The Governor shall submit such bill or bills for consideration by the General Assembly as are necessary to implement such alternative financings.

2. In implementing the provisions of this section, the amount of general funds to be included in the biennial appropriation for the capital improvement outlay plan shall be calculated on a year-to-year basis, but may be apportioned on a biennial basis; provided, however, that the combined total of general fund appropriations and alternative financing mechanisms for the capital improvement outlay plan included in "The Budget Bill" submitted pursuant to § 2.2-1509 shall equal at least two percent of the projected general fund revenues for the biennium.

C. The capital outlay projects proposed under this section and to be included in "The Budget Bill" submitted pursuant to § 2.2-1509 shall be consistent, as far as practicable, with those capital outlay projects included in the corresponding fiscal year of the current six-year capital improvement outlay plan submitted under § 2.2-1503.2. The Governor may deviate from the plan and may propose other projects in "The Budget Bill" so long as he substantially complies with the capital improvement plan and justifies the inclusion of such other projects described in § 2.2-1518.

§ 2.2-1514. (Contingent expiration date - see Editor's notes) Designation of general fund for nonrecurring expenditures.

A. As used in this section:

"The Budget Bill" means the "The Budget Bill" submitted pursuant to § 2.2-1509, including any amendments to a general appropriation act pursuant to such section.

"Nonrecurring expenditures" means the acquisition or construction of capital outlay projects as defined in § 2.2-1503.2 § 2.2-1518, the acquisition or construction of capital improvements, the acquisition of land, the acquisition of equipment, or other expenditures of a one-time nature as specified in the general appropriation act. Such term shall not include any expenditures relating to transportation, including but not limited to transportation maintenance.

B. At the end of each fiscal year, the Comptroller shall designate within his annual report pursuant to § 2.2-813 as follows: one-third of the remaining amount of the general fund balance that is not otherwise reserved or designated shall be designated by the Comptroller for nonrecurring expenditures, and two-thirds shall be designated for deposit into the Transportation Trust Fund. No such designation shall be made unless the full amounts required for other reserves or designations including, but not limited to, (i) the Revenue Stabilization Fund deposit pursuant to § 2.2-1829, (ii) the Virginia Water Quality Improvement Fund deposit pursuant to § 10.1-2128, (iii) capital outlay reappropriations pursuant to the general appropriation act, (iv) (a) operating expense reappropriations pursuant to the general appropriation act, and (b) reappropriations of unexpended appropriations to certain public institutions of higher education pursuant to § 2.2-5005, (v) pro rata rebate payments to certain public institutions of higher education pursuant to § 2.2-5005, (vi) the unappropriated balance anticipated in the general appropriation act for the end of such fiscal year, and (vii) interest payments on deposits of certain public institutions of higher education pursuant to § 2.2-5005 are set aside. The Comptroller shall set aside amounts required for clauses (iv) (b), (v), and (vii) beginning with the initial fiscal year as determined under § 2.2-5005 and for all fiscal years thereafter.

C. The Governor shall include in "The Budget Bill" pursuant to § 2.2-1509 recommended appropriations from the general fund or recommended amendments to general fund appropriations in the general appropriation act in effect at that time an amount for nonrecurring expenditures and an amount for deposit into the Transportation Trust Fund equal to the amounts designated by the Comptroller for such purposes pursuant to the provisions of subsection B. Such deposit to the Transportation Trust Fund shall not preclude the appropriation of additional amounts from the general fund for transportation purposes.

§ 2.2-1514. (Contingent effective date - see Editor's notes) Designation of general fund for nonrecurring expenditures.

A. As used in this section:

"The Budget Bill" means the "The Budget Bill" submitted pursuant to § 2.2-1509, including any amendments to a general appropriation act pursuant to such section.

"Nonrecurring expenditures" means the acquisition or construction of capital outlay projects as defined in § 2.2-1503.2 § 2.2-1518, the acquisition or construction of capital improvements, the acquisition of land, the acquisition of equipment, or other expenditures of a one-time nature as specified in the general appropriation act.

B. At the end of each fiscal year, the Comptroller shall designate within his annual report pursuant to § 2.2-813 an amount for nonrecurring expenditures, which shall equal the remaining amount of the general fund balance that is not otherwise reserved or designated. No such designation shall be made unless the full amounts required for other reserves or designations including, but not limited to, (i) the Revenue Stabilization Fund deposit pursuant to § 2.2-1829, (ii) the Virginia Water Quality Improvement Fund deposit pursuant to § 10.1-2128, (iii) capital outlay reappropriations pursuant to the general appropriation act, (iv) (a) operating expense reappropriations pursuant to the general appropriation act, and (b) reappropriations of unexpended appropriations to certain public institutions of higher education pursuant to § 2.2-5005, (v) pro rata rebate payments to certain public institutions of higher education pursuant to § 2.2-5005, (vi) the unappropriated balance anticipated in the general appropriation act for the end of such fiscal year, and (vii) interest payments on deposits of certain public institutions of higher education pursuant to § 2.2-5005 are set aside. The Comptroller shall set aside amounts required for clauses (iv) (b), (v), and (vii) beginning with the initial fiscal year as determined under § 2.2-5005 and for all fiscal years thereafter.

C. The Governor shall include in "The Budget Bill" pursuant to § 2.2-1509 recommended appropriations from the general fund or recommended amendments to general fund appropriations in the general appropriation act in effect at that time an amount for nonrecurring expenditures equal to the amount designated by the Comptroller for such purpose pursuant to the provisions of subsection B of this section.

CHAPTER 15.1.
SIX-YEAR CAPITAL OUTLAY PLAN.

§ 2.2-1515. Definitions.

As used in this chapter, unless the context clearly shows otherwise, the term or phrase:

“Advisory Committee” means the Six-Year Capital Outlay Plan Advisory Committee established pursuant to § 2.2-1516.

"Capital outlay project" means acquisition of real property, including buildings or plant or machinery or equipment, or new construction or improvements related to state-owned real property, buildings, plant, or machinery or equipment including plans therefor. It shall include any improvements to real property leased for use by a state agency or public educational institution and not owned by the Commonwealth, when such improvements are financed by public funds and become state property upon the expiration of the lease.  Capital outlay projects do not include projects that have been included in the Commonwealth Transportation Board's Six-Year Improvement Program.

“Construction phase” means the following steps, as set out in the Construction and Professional Services Manual of the Department of General Services: preparation of final working drawings and specifications, advertising for a sealed bid or proposal, awarding a contract pursuant to law, and actual construction of a project.

“Detailed planning” means the preparation of architectural and engineering documents up to the preliminary design stage, as defined in the Construction and Professional Services Manual of the Department of General Services.

“Pre-planning” means a process meant to obtain a more detailed definition and cost estimate of a project. It may include the following elements, as appropriate:

1. Statement of program definition including functional space requirements, estimates of gross and net square footage, and functional adjacency requirements;

2. Analysis of program execution options, including review of new construction versus renovation alternatives, necessary phasing or sequencing of the project, and coordination with other ongoing or proposed capital projects;

3. Site analysis, including options considered and, for the site chosen, any specific issues related to topography, utilities, or environment;

4. Presentation, including site plan, conceptual floor plans and elevations, and conceptual exterior;

5. Identification of any Uniform Statewide Building Code compliance or permit requirements unique to the project; or

6. Cost estimate for the project to include total cost of the project, construction cost for the project, total cost per square foot, construction cost per square foot, costing methodology, and identification of any factors unique to the project that may impact overall project cost.

“Project” means a capital outlay project included in the six-year capital outlay plan described in § 2.2-1518.

“Value engineering” means a systematic process of review and analysis of a project by a team of appropriate professionals licensed in accordance with Chapter 4 (§ 54.1-400 et seq.) of Title 54.1. As a result of such review and analysis, the team may recommend changes to improve the project’s quality or to reduce the total project cost without reducing the overall quality or function of the project.

§ 2.2-1516. Six-Year Capital Outlay Plan Advisory Committee.

A. There is hereby established the Six-Year Capital Outlay Plan Advisory Committee.  The Advisory Committee shall consist of the following, or their designees: the Secretary of Finance, the Director of the Department of Planning and Budget, the Director of the Department of General Services, the Executive Director of the State Council of Higher Education for Virginia, and the staff directors of the House Appropriations Committee and the Senate Finance Committee. 

B. 1. On or before November 1, 2008, the Advisory Committee shall submit to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees a proposed list of new capital outlay projects (and previously planned or authorized capital outlay projects) to be funded entirely or partially from general fund-supported resources for the six fiscal years beginning July 1, 2009.

2. The list shall include projects by agency, in priority order for each agency. In determining priorities, the Advisory Committee shall consider, but not be limited to, the following:

a. Projects that address safety, health, regulatory, security, environmental requirements, or accreditation;

b. Projects to upgrade or replace major mechanical systems and utility infrastructure;

c. Projects to renovate or maintain existing facilities;

d. Projects to construct, expand, or acquire facilities in order to meet programmatic needs;

e. For public institutions of higher education, projects that meet State Council of Higher Education for Virginia recommendations or guideline parameters;

f. Projects that improve energy efficiency;

g. Projects that are listed on, or eligible to be listed on, the Virginia Landmarks Register;

h. Renovation projects for which a facility condition assessment has been completed; and

i. Projects previously planned.

3. The list shall:

a. Identify each capital outlay project;

b. Describe the scope and nature of the project; and

c. Include any other information that the Advisory Committee deems useful.

C.  Beginning in 2009, on or before October 1 of each year, the Advisory Committee shall make recommendations to the Governor and the Chairmen of the House Appropriations and the Senate Finance Committees of any changes to the current six-year capital outlay plan (described in § 2.2-1518) and of project funding, including adjusting the fiscal years covered by the plan so that the plan will cover the six fiscal years beginning July 1 of the following year.

§ 2.2-1517. Agency submission of information.

In addition to all other reporting requirements imposed upon state agencies and public educational institutions provided under law, state agencies and public educational institutions shall submit to the Advisory Committee information requested by the Advisory Committee in the format and on the schedule established by the Advisory Committee for the initial development of the capital outlay project list as described in § 2.2-1516, as well as for the annual modifications to the six-year capital outlay plan described in § 2.2-1518. The information for the annual modifications shall include, but not be limited to, changes in cost estimates.

§ 2.2-1518. Governor to submit a tentative bill for a capital outlay plan; gubernatorial amendments proposed to the plan.

A. 1. No later than January 13, 2009, the Governor shall submit to the General Assembly a tentative bill establishing a capital outlay plan that includes new capital outlay projects (and previously planned or authorized capital outlay projects) that the Governor proposes to be funded entirely or partially from general fund-supported resources for the six fiscal years beginning July 1, 2009. Projects included in the capital outlay plan shall be in addition to any projects for which funds are appropriated from the Central Maintenance Reserve of the general appropriation act.

2. The capital outlay plan submitted by the Governor shall list capital outlay projects in different tiers. Each tier shall be a grouping of capital outlay projects with the total estimated cost of each project in the tier falling within a minimum and a maximum project cost assigned to the tier, provided that no estimated project costs shall be set out in the plan. The minimum and maximum range assigned to a tier shall be mutually exclusive of all other minimum and maximum ranges assigned to other tiers in order that no capital outlay project shall be reported in more than one tier.

For each capital outlay project listed in the plan the Governor shall provide the following information: (i) the agency or public educational institution to which the project is related, (ii) a description of the project, and (iii) a ranking number assigned to the project, which number shall signify the priority of the project when compared to all other projects of the agency or institution listed in the plan.

B. In 2010 and each year thereafter, the Governor shall, by no later than the day that immediately precedes the first day of the regular session of the applicable General Assembly, submit to the General Assembly a tentative bill proposing amendments to the current capital outlay plan enacted into law, including adjusting the fiscal years covered by the plan so that the plan will cover the six fiscal years beginning on the immediately following July 1. Any such tentative bill shall be submitted using the format described in subsection A.

C. In submitting to the General Assembly tentative bills for the initial capital outlay plan and for plan amendments, the Governor shall consider the capital outlay project list submitted by the Advisory Committee pursuant to § 2.2-1516 and any amendments to the six-year capital outlay plan recommended by the Advisory Committee pursuant to such section.

§ 2.2-1519. Implementation of certain capital outlay projects.

A. 1. The Central Capital Planning Fund, the State Agency Capital Account, and the Public Educational Institution Capital Account established pursuant to § 2.2-1520 shall be used to fund capital outlay projects included in the six-year capital outlay plan enacted into law.

2. In addition, public educational institutions and state agencies may request authority and appropriation to conduct pre-planning for any such project using nongeneral fund sources. Such costs may be reimbursed up to the lesser of $250,000 or one percent of the project construction costs.

B. A Virginia-based contractor who does not have the same number of years of comparable experience under construction management or design-build shall not be penalized for having less comparable experience in construction management or design-build projects, provided such contractor does have significant experience in constructing comparable projects under design-bid-build. The procuring entity shall consider the experience and quality of work that a contractor has done on projects comparable to the project being procured, whether under construction management, design-build, or design-bid-build. These factors shall be considered by the procuring entity in making its decisions in a pre-qualification or a contractor selection process.

C. If at any time during the detailed planning phase the total cost of a capital outlay project is estimated to exceed a threshold amount set forth in the general appropriation act for the required use of value engineering, then value engineering shall be utilized for such project. Each agency and public educational institution shall retain documentation of the value engineering process conducted for any project, including documentation relating to (i) recommendations offered to the agency or institution, (ii) recommendations accepted and rejected by the agency or institution, and (iii) any savings to the agency or institution resulting from the adoption of each recommendation.

D. For capital outlay projects for which an appropriation is made to the State Agency Capital Account or the Public Educational Institution Capital Account, after an agency or public educational institution has received authorization to move to the construction phase of a project, the Director of the Department of Planning and Budget shall transfer sufficient appropriation from the State Agency Capital Account or the Public Educational Institution Capital Account, as appropriate.

E. 1. Prior to an agency or public educational institution awarding a construction contract for a project, the Director of the Department of General Services shall review the lowest bid or best proposal for the project. If the total amount of such bid or proposal, plus previously expended funds and a reasonable allowance for contingencies, does not exceed 105 percent of the general fund-supported resources for the project as determined during the detailed planning phase, the Director of the Department of General Services and the Director of the Department of Planning and Budget may approve the contract. If the total amount of such bid or proposal, plus previously expended funds and a reasonable allowance for contingencies, exceeds 105 percent of the general fund-supported resources for the project, the Directors shall not approve the contract unless funding of that portion of such total project cost in excess of 105 percent of the general fund-supported resources allocated to the project is from nongeneral fund sources such as private funds, gifts, grants, auxiliary funds, or federal funds as appropriate.

2. If an agency or public educational institution is unable to procure funding from nongeneral fund sources for that portion of such total project cost in excess of 105 percent of the general fund-supported resources allocated to the project, then the agency or institution may reduce the size or scope of the project as necessary to remain within 105 percent of the general fund-supported resources allocated to the project, provided that (i) it has completed a value engineering review by or in collaboration with the Department of General Services, (ii) it has provided a written, detailed analysis of the proposed reduction to the Governor and to the Chairmen of the House Appropriations and Senate Finance Committees, and (iii) the project after such reduction in size or scope is substantially similar in quality and functionality to the original project.

3. An agency or public educational institution may request a supplemental allocation of general fund-supported resources through the budget process only if it submits a written certification to the Chairmen of the House Appropriations and Senate Finance Committees, the Director of the Department of General Services, the Director of the Department of Planning and Budget, and, for public institutions of higher education only, the Executive Director of the State Council of Higher Education, which certification (i) states that additional funding from nongeneral fund sources as described in subdivision 1 will be insufficient to pay for the full amount of the project cost that is in excess of 105 percent of the general fund-supported resources allocated to the project and (ii) provides a detailed analysis and description of the project as modified for a reduction in size or scope as described in subdivision 2 as well as a justification for why such modifications in size or scope cannot be achieved.

4. Nothing in this section shall preclude an agency or public educational institution from providing for re-design or additional value engineering of projects or re-bidding or re-submitting of proposals.

5. No construction contract for a capital outlay project included in the six-year capital outlay plan enacted into law shall be awarded unless first approved by the Director of the Department of General Services and the Director of the Department of Planning and Budget.

F. After a project has been approved by the Director of the Department of General Services and the Director of the Department of Planning and Budget, the Director of the Department of Planning and Budget shall transfer to the project the remaining funds needed for construction from the State Agency Capital Account or the Public Educational Institution Capital Account, as appropriate.

§ 2.2-1520. Certain funds established.

A. There is hereby established a special, nonreverting fund in the state treasury to be known as the Central Capital Planning Fund, hereafter referred to as the Fund. The Fund shall include such moneys as may be appropriated by the General Assembly from time to time and designated for the Fund. The Fund shall be established on the books of the Comptroller and shall be administered by the Director of the Department of Planning and Budget. Any moneys remaining in the Fund at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely to pay the pre-planning or detailed planning costs of capital outlay projects that have been approved for pre-planning or detailed planning by the General Assembly.

B. The State Agency Capital Account shall be established in the general appropriation act as a separate item for appropriation purposes. The State Agency Capital Account shall consist of appropriations of the proceeds from the sale of certain bonds by the Virginia Public Building Authority that are designated for the Account and any other moneys as may be appropriated by the General Assembly. The Account shall be administered by the Director of the Department of Planning and Budget consistent with the provisions of this chapter. The Account shall be used to finance the construction of projects, as defined in § 2.2-2260, that have been approved for construction by the General Assembly. In addition, it is required that the Account reimburse the Central Capital Planning Fund for payments made for pre-planning or detailed planning of all such projects that have been approved for construction by the General Assembly.

C. The Public Educational Institution Capital Account shall be established in the general appropriation act as a separate item for appropriation purposes. The Public Educational Institution Capital Account shall consist of appropriations of the proceeds from the sale of certain bonds by the Virginia College Building Authority that are designated for the Account and any other moneys as may be appropriated by the General Assembly. The Account shall be administered by the Director of the Department of Planning and Budget consistent with the provisions of this chapter. The Account shall be used to finance the construction of projects, as defined in § 23-15, that have been approved for construction by the General Assembly. In addition, it is required that the Account reimburse the Central Capital Planning Fund for payments made for pre-planning or detailed planning of all such projects that have been approved for construction by the General Assembly.

§ 2.2-2260. Short title; definition.

A. This article may be cited as Virginia Public Building Authority Act of 1981.

B. As used in this article, unless the context requires a different meaning:

"Construction" or "to construct" means acquisition and construction, all in such manner as may be deemed desirable.

"Cost" means as applied to a project financed under the provisions of this article, the sum total of all costs reasonable and necessary for carrying out all works and undertakings necessary or incident to accomplish a project, including, but not limited to the cost of all necessary developmental, planning and feasibility studies, surveys, plans and specifications, architectural, engineering, financial, legal or other special services, the cost of acquisition of land and any buildings and improvements thereon, including the discharge of any obligations of the vendor of such land, buildings or improvements, site preparation and development including demolition or removal of existing structures, construction, and reconstruction, furnishing of a project, the reasonable cost of financing incurred in the course of the development of a project, carrying charges during construction to the occupancy date, interest on bonds issued to finance a project to a date subsequent to the estimated date of completion of a project, necessary expenses incurred in connection with the initial occupancy of a project, the cost of reimbursing the Central Capital Planning Fund, established under § 2.2-1520, for payments made for pre-planning or detailed planning of all projects that have been approved for construction by the General Assembly, the funding of such funds and accounts as the Authority determines to be reasonable and necessary and the cost of such other items as the Authority determines to be reasonable and necessary.

"Fixtures" and "furnishings" means any fixtures, leasehold improvements, equipment, office furniture and furnishings whatsoever necessary or desirable for the use and occupancy of such project, and the terms "to furnish" and "furnishing" means the acquisition and installation of such fixtures, equipment and furnishings.

"Improvement" or "to improve" means extension, enlargement, improvement, and renovation, all in such manner as may be deemed desirable.

"Personal property" means all items of equipment, fixtures, and furnishings, including items affixed to real property.

"Project" means any structure, facility, personal property or undertaking that the Authority is authorized to finance, refinance, construct, improve, furnish, equip, maintain, acquire, or operate under the provisions of this article.

§ 23-30.28. Bonds of Authority generally.

In order to provide funds for the purchase of educational institution bonds as authorized by § 23-30.27, to provide funds for the acquisition of equipment as authorized by § 23-30.27:1, to provide funds for the reimbursement of the Central Capital Planning Fund, established under § 2.2-1520, for payments made for pre-planning or detailed planning of all projects that have been approved for construction by the General Assembly, and to provide funds for the purpose of paying all or any part of the cost of any one or more projects or of any portion or portions thereof, the Authority is hereby authorized to provide by resolution, at one time or from time to time, for the issuance of bonds of the Authority in such amount or amounts as the Authority shall determine. Such bonds of the Authority shall be payable solely from funds of the Authority, including, but without limitation, any one or more of the following: (i) payments of principal of and interest on educational institution bonds purchased by the Authority, (ii) the proceeds of the sale of any such educational institution bonds, (iii) payments of principal of and interest on obligations transferred to the Authority by the General Assembly or from other assets or moneys transferred to the Authority by the General Assembly or educational institutions, including lease payments or any other source of revenue, (iv) the proceeds of the sale of any such obligations or assets, (v) the proceeds from the sale of bonds of the Authority, (vi) payments made by educational institutions under leases or sales of equipment by the Authority, (vii) funds realized from the enforcement of security interests or other liens securing such bonds, (viii) payments due under letters of credit, policies of bond insurance, bond purchase agreements or other credit enhancements securing payment of principal of and interest on bonds of the Authority, (ix) any moneys held in funds established by the Authority pursuant to § 23-30.27:1, (x) any reserve or sinking funds created to secure such payment, and (xi) other available funds of the Authority. Bonds of the Authority issued under the provisions of this chapter shall not be deemed to constitute a debt of the Commonwealth or a pledge of the faith or credit of the Commonwealth and all bonds of the Authority shall contain on the face thereof a statement to the effect that neither the faith and credit, nor the taxing power of the Commonwealth or of any political subdivision thereof is, or shall be, pledged to the payment of the principal of or the interest on such bonds.

The bonds of each issue shall be dated, shall mature at such time or times, not exceeding 40 years from their date or dates, as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority prior to the issuance of the bonds. The bonds may bear interest payable at such time or times and at such rate or rates as determined by the Authority or as determined in such manner as the Authority may provide, including the determination by agents designated by the Authority under guidelines established by it. The principal and interest of such bonds may be made payable in any lawful medium. The Authority shall determine the form of the bonds and the manner of execution of the bonds, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at the office of the State Treasurer or at any bank or trust company within or without the Commonwealth. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All revenue bonds issued under the provisions of this chapter (other than bonds registered as to principal or in registered form) shall have and are hereby declared to have, as between successive holders, all the qualities and incidents of negotiable instruments under the law of this Commonwealth. The bonds shall be in such form, shall bear interest at such rate or rates, either fixed rates or rates established by formula or other method, and may contain such other provisions, all as the Authority may determine. The principal of and premium, if any, and interest on the bonds shall be payable in lawful money of the United States of America. The Authority shall fix the denomination or denominations of the bonds and place or places of payments of principal, premium, if any, and interest at any one or more banks or trust companies within or without the Commonwealth.

Bonds may be issued under a system of book entry for recording the ownership and transfer of ownership of rights to receive payments of principal of and premium, if any, and interest on the bonds.

The Authority may sell such bonds in such manner, either at public or private sale, and for such price as it may determine to be in the best interests of the Authority. The proceeds of such bonds shall be disbursed for the purposes for which such bonds shall have been issued under such restrictions, if any, as the resolution authorizing the issuance of such bonds or the trust indenture hereinafter mentioned may provide. Prior to the preparation of definitive bonds, the Authority may under like restrictions issue temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The Authority may also provide for the replacement of any bond which shall become mutilated or shall be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than the proceedings, conditions, and things which are specified and required by this chapter.

Neither the members of the Authority nor any person executing any bonds issued under the provisions of this chapter shall be liable personally on such bonds or be subject to any personal liability or accountability by reason of the issuance thereof.

No project for an institution listed in § 23-14 shall be undertaken by the Authority if such project was not specifically included in a bill passed by a majority of those elected to each house of the General Assembly, authorizing such project or projects. In addition, any such project to be financed by bonds issued by the Authority secured by a pledge of any one or more of the revenue sources cited in subdivisions (1) through (4) of subsection (d) of § 23-19 shall have been designated by the institution's board of visitors as a project to be undertaken by the Authority.

2. § 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 $162,925,000 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 General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this section.

         Agency                    Project Title                    Amount 
Department of Conservation   Construct High Bridge State 
  and Recreation               Park, Phase I                     $7,500,000 
Department of Conservation   Construct and Equip Andy Guest 
  and Recreation               State Park Cabins and Facilities   2,425,000 
Department of Mental Health, Repair/Replace Central Virginia 
  Mental Retardation and       Training Center                                 
  Substance Abuse Services                                       43,000,000
Department of Mental Health, Replace Western State Hospital
  Mental Retardation and
  Substance Abuse Services                                      110,000,000
Total                                                          $162,925,000

§ 2. 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 $274,746,000 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 General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this section.    

          Agency                          Project Title
Department of Corrections       Replace Roofs Umbrella Project         
Department of Corrections       Repair/Replace Door Controls at
                                  Greensville                      
Department of Corrections       Construct Wastewater Treatment Plant at 
                                  Bland                      
Department of Education         Construct/Renovate Consolidated   Virginia
                                  School for Deaf and Blind at Staunton
Department of General Services  Construct, or Acquire and Renovate,
                                  Taxation Channel Facility
Department of General Services  Blanket Property Acquisition Project
Department of Conservation and  Construct Powhatan State Park, Phase I 
  Recreation          
Department of Mental Health,    Life Safety and Major Mechanical Repairs
  Mental Retardation and          Umbrella
  Substance Abuse Services
Department of Mental Health,    Repair/Replace Southeastern Virginia
  Mental Retardation and            Training Center
  Substance Abuse Services                   
Science Museum of Virginia      Construct Danville Science Center
                                  Planetarium and Theater
Department of Agriculture and   Construct Eastern Shore Seafood Lab 
  Consumer Services                                 
Virginia Commercial Space       Improve Wallops Flight Facilities 
  Flight Authority    
Woodrow Wilson Rehabilitation   Repair Barnett Dorm
  Center                   
Woodrow Wilson Rehabilitation   Repair Kitchen and Dining Hall
  Center

§ 3. 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 $368,833,000 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 General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this section.

The Authority may pay all or any part of the cost of any project hereinafter listed 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.

      Institution                  Project Title                    Amount 
Christopher Newport           Construct Integrated Science 
  University                    Center (Phase I)                 $59,800,000 
College of William and Mary   Construct School of Education       38,085,000
Longwood University           Renovate and Expand Bedford Hall    29,500,000
Norfolk State University      Replace Library                     45,139,000 
University of Mary            Construct Dahlgren Campus 
  Washington                                                      18,400,000
University of Virginia        Construct Information Technology
                                Engineering Building              38,509,000
Virginia Commonwealth         Construct New School of
  University                    Medicine, Phase I                 58,000,000
Virginia State University     Renovate/Expand Hunter 
                                McDaniel Hall                     22,400,000
Virginia Polytechnic          Construct Medical School and 
  Institute and State           Research Institute                
  University                                                      59,000,000 
Total                                                           $368,833,000

§ 4. 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 $595,760,000 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 General Assembly hereby appropriates the proceeds from any such bonds for the projects listed in this section.

The Authority may pay all or any part of the cost of any project hereinafter listed 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.

      Institution                  Project Title                    
College of William and Mary   Construct/Replace Cooling Plant and
                                Utility Improvements, Phase II     
George Mason University       Renovate Science and Technology II  
George Mason University       Construct Krasnow Addition, 
                                Phase II                           
George Mason University       Construct Institute for 
                                Conflict Analysis and Resolution       
George Mason University       Construct Arts Facility, 
                                Prince William                     
James Madison University      Construct Biotechnology/
                                Centennial Hall                   
James Madison University      Boiler Replacement and 
                                Infrastructure, Phase I           
Old Dominion University       Construct Consolidated Arts 
                                Complex                           
Old Dominion University       Construct New Student Success 
                                Facilities                        
Old Dominion University       Acquire Virginia Modeling Analysis and
                                Simulation Center               
Radford University            Construct New   School of Business   
Richard Bland College         Construct Science and 
                                Technology Center
Richard Bland College         Umbrella Repair Project                
University of Virginia        Repair/Replace Central Grounds 
                                Infrastructure                    
University of Virginia        Americans with Disability Act Campus 
  at Wise                       Accessibility Projects
University of Virginia        Renovate Greear and Construct Multipurpose
  at Wise                       Center                               
Virginia Commonwealth         Renovate Massey Cancer Center
  University                    Laboratory Support                 
Virginia Commonwealth         Renovate School of Pharmacy
  University                                                       
Virginia Commonwealth         Construct Satellite Dental 
  University                    Clinic at Wise                     
Virginia Community College    Construct Phase III Academic 
  System                        Building, Woodbridge Campus, 
                                Northern Virginia                 
Virginia Community College    Construct Learning Resources 
  System                        Building, Virginia Beach 
                                Campus, Tidewater                 
Virginia Community College    Construct Academic Services 
  System                        Building, Germanna                
Virginia Community College    Construct New Science 
  System                        and Technology Building, 
                                Virginia Western                  
Virginia Community College    Construct Academic Building, 
  System                        Chesapeake Campus, Tidewater      
Virginia Community College    Construct Higher Education 
  System                        Center, Loudoun Campus, 
                                Northern Virginia                
Virginia Community College    Renovate Dalton Cantrell Hall,
  System                        Mountain Empire                   
Virginia Community College    Renovate Phase I Facility, 
  System                        Downtown Campus, J. Sargeant 
                                Reynolds                          
Virginia Community College    Renovate Academic Classrooms and 
  System                        Administrative Building, 
                                Rappahannock                      
Virginia Community College    Renovate Russell Hall, Southwest 
  System                        Virginia                             
Virginia Community College    Construct Motorsports/Workforce 
  System                        Development Center, Patrick Henry  
Virginia Community College    Renovate Hampton III Building, 
  System                        Thomas Nelson                      
Virginia Community College    Renovate Warren/Scott Hall, 
  System                        Dabney Lancaster                   
Virginia Community College    Americans with Disability Act Projects,
  System                        Systemwide
Virginia Community College    Upgrade Major Mechanical 
  System                        Systems, Paul D. Camp              
Virginia Community College    Renovate Chester Library, 
  System                        John Tyler                         
Virginia Community College    Construct Support Services Building, 
  System                        Woodbridge, Northern Virginia    
Virginia Community College    Upgrade Electrical Systems, 
  System                        Wytheville                         
Virginia Community College    Renovate Smith Building, Lord 
  System                        Fairfax                            
Virginia Community College    Construct Occupational Program 
  System                        Building, Culinary Arts Career 
                                Studies Certification Program, 
                                Central Virginia                   
Virginia Community College    Replace HVAC, New River
  System                                                           
Virginia Community College    Construct Greenhouse and Storage 
  System                        Facility, Virginia Highlands        
Virginia Institute of         Replace Eastern Shore Seawater 
  Marine Science                Laboratory                         
Virginia Institute of 
  Marine Science              Control Shoreline Erosion            
Virginia Military             Improve Military and Leadership 
  Institute                     Field Training Grounds, Phase I   
Virginia State University     Construct Multipurpose Center 
                                (Land Acquisition)                
Virginia Polytechnic          Construct Sciences Building 
  Institute and State           Laboratory I
  University                      
Virginia Polytechnic          Construct Technology Research and 
  Institute and State           Innovation Center
  University/Hampton Roads
  Consortium

3. § 1. That 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 the following amounts are hereby appropriated from the Central Capital Planning Fund for such purposes.

   Agency/Institution                    Project                  Amount
Christopher Newport           Construct Integrated Science 
  University                    Center (Phase II)               $890,000
College of William and Mary   Renovate Tucker Hall               563,500
Department of Corrections     Construct Charlotte Prison       8,700,000
Department of Corrections     Construct 200-Bed Housing Unit,
                                Bland                            344,000
Department of Juvenile        Correct Erosion, Pamunkey
 Justice                                                         600,000
George Mason University       Renovate Fine Arts Building        434,000
George Mason University       Construct Campus Library 
                                Addition, Phase I              2,000,000
James Madison University      Renovate West Wing, Rockingham
                                Hospital                       2,575,000
Jamestown-Yorktown            Construct Yorktown Museum
  Foundation                                                   1,468,000
Longwood University           Construct University Technology 
                                Center                           800,000
Norfolk State University      Construct New Nursing and General 
                                Classroom Building             1,816,000
Norfolk State University      Renovate Wilder Center             370,000
Old Dominion University       Construct a Systems Research and
                                Academic Building                726,000
Radford University            Construct New Computational 
                                Sciences Building              1,449,000
Science Museum of Virginia    Construct Belmont Bay Science 
                                Center (Includes Exhibits)     6,000,000
University of Mary            Construct Information and Technology 
  Washington                    Convergence Center Phase I     1,500,000
University of Virginia        Renovate New Cabell Hall         3,880,000
Virginia Commonwealth         Construct General Classroom 
  University                    Building                       1,760,000
Virginia Community College    Replace Tyler Academic Building,
  System                        Northern Virginia Community
                                College                        1,500,000
Virginia Community College    Expand Brault Building, Northern
  System                        Virginia Community College,
                                Annandale                        652,350
Virginia Community College    Construct Learning Resources 
  System                        Building, Southside Virginia     458,000
Virginia Military             Renovate Science Building
  Institute                                                      816,000
Virginia State University     Construct Multipurpose Center    1,464,000
Virginia Polytechnic          Renovate Davidson Hall
  Institute and State
  University                                                   1,506,000
Virginia Polytechnic          Construct Chiller Plant
  Institute and State
  University                                                     480,000
Virginia Polytechnic          Construct Human and Agricultural 
  Institute and State           Biosciences Building I
  University Extension
  Service                                                      2,040,000
Total                                                        $44,791,850

§ 2. The following projects shall be funded for pre-planning from amounts in the Central Capital Planning Fund established under § 2.2-1520 of the Code of Virginia and the following amounts are hereby appropriated from the Central Capital Planning Fund for such purposes.

  Agency/Institution                    Project                      Amount
Christopher Newport           Construct Luter School of 
  University                    Business                            $250,000
College of William and Mary   Construct Integrated Science Center,
                                Phase III                            250,000
James Madison University      Renovate/Expand Duke Hall              250,000
Department of Mental Health,  Southeastern Virginia Training Center
  Mental Retardation and        Construct Community Housing
  Substance Abuse Services                                           233,000 
Department of Mental Health,  Central Virginia Training Center
  Mental Retardation and        Construct Community Housing
  Substance Abuse Services                                           250,000
University of Virginia        Renovate Ruffner Hall                  250,000
Virginia Polytechnic          Construct Engineering Signature 
  Institute and State           Building
  University                                                         250,000
Total                                                             $1,733,000

4.  That $50 million is hereby appropriated from the general fund to the Central Capital Planning Fund established under § 2.2-1520 of the Code of Virginia.

5. That under the project for Andy Guest State Park listed in § 1 of the second enactment, the Department of Conservation and Recreation (DCR) shall have the authority as a pilot project to construct and equip six additional cabins and associated site improvements at Andy Guest State Park using the existing competitive negotiation process with the following modifications to select the successful bidder: (i) DCR, through an open request for proposals process, may select and negotiate with potential contractors and select from among the applicants the best contractor based on the agency’s criteria, including, but not limited to, cost effectiveness and expertise; (ii) DCR is exempt from the current $250,000 project limit for competitive negotiation; and (iii) DCR shall report to the Chairmen of the House Appropriations and Senate Finance Committees the status of the competitive negotiations prior to the acceptance of the contract.

Funding for this project includes $400,000 to equip the Visitor Center at Andy Guest State Park.

The Department of Conservation and Recreation shall also complete a “value engineering” study for the approved prototype cabins to determine if adjustments are warranted in future cabin construction projects and shall report its findings on the study and this pilot project to the House Appropriations and Senate Finance Committees within 90 days of completing the project.

The unexpended funds remaining at the completion of the project shall be transferred by the Director of the Department of Planning and Budget for use in park construction projects included in the six-year capital outlay plan described under § 2.2-1518 of the Code of Virginia.

6.  That the General Assembly hereby approves the proposal for establishing a new School of Medicine and Research Institute to be created by Virginia Polytechnic Institute and State University (Virginia Tech), in partnership with the Carilion Clinic (Carilion), in downtown Roanoke, Virginia.  Virginia Tech is hereby granted approval, pursuant to the Public-Private Educational Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.) of the Code of Virginia (PPEA), to enter into an interim and/or comprehensive agreement with a private entity for the design and construction of the School of Medicine and Research Institute.  In order to accelerate development of the project and pursuant to a Memorandum of Understanding (MOU) between Virginia Tech and Carilion, the General Assembly hereby finds that this enactment is sufficient to satisfy the review requirements of Chapter 42 (§ 30-278 et seq.) of Title 30 of the Code of Virginia. Virginia Tech may proceed with evaluation of any PPEA proposal it receives pursuant to guidelines adopted by its Board of Visitors.  If any such MOU contemplates the lease of property in the possession or control of Virginia Tech to the School of Medicine, this enactment shall constitute the General Assembly’s approval required by subsection B of § 2.2-1155 of the Code of Virginia for the term of such lease to be in excess of 50 years, up to and including the useful life of the improvements to such property, provided that the Governor also approves such a term.

7. That for the project “Blanket Property Acquisition Project” in § 2 of the second enactment the Department of General Services shall have the authority to acquire real property in the Richmond Metropolitan Service Area subject to the provisions of this enactment.  Before the acquisition of such real property, the Department, with the approval of the Governor, shall prepare an acquisition plan and provide a copy of the plan to the Chairmen of the Senate Finance Committee and House Appropriations Committee. The plan shall be deemed exempt from disclosure under the provisions of subdivision 12 of § 2.2-3705.1 of the Code of Virginia.  Trade secrets or proprietary information submitted by a bidder, offeror, or contractor in connection with such a plan or transaction shall be exempt from disclosure pursuant to subsection F of § 2.2-4342 of the Code of Virginia.

Within 30 days of receipt of an acquisition plan, the Senate Finance Committee and House Appropriations Committee shall each determine whether to request additional information, recommend changes to the acquisition plan, or accept the acquisition plan, and notify the Department of their decision.  The Department shall provide additional information on the details of an acquisition plan as requested by either Committee.  If the Committees accept an acquisition plan, or do not request additional information or recommend changes within the 30-day period, the acquisition plan shall be deemed approved and may be executed by the Department pursuant to § 2.2-1149 of the Code of Virginia. 

The Director of the Department of Planning and Budget shall have the authority to fund acquisition projects approved by the Committees, with such funding being consistent with the terms of the acquisition plan.

The total amount that may be obligated under this enactment shall not exceed $70 million.

On and after July 1, 2009, the Department of General Services shall not enter into any agreement to acquire real property using the powers granted under this enactment.

8.  That pursuant to § 23-30.28 of the Code of Virginia, the General Assembly hereby authorizes the Virginia College Building Authority to issue revenue bonds in a principal amount not to exceed $59 million plus amounts needed to fund issuance costs, reserve funds, original issue discount, interest prior to and during construction and for one year after completion thereof, and other financing expenses, for the construction of a medical education and research facility at Eastern Virginia Medical School (EVMS).  The Authority shall be authorized to exercise any and all powers granted to it by law in connection with such project.  The General Assembly hereby appropriates the proceeds from any such bonds for the construction of a medical education and research facility at EVMS. 

Upon the effective date of this act, the Director of the Department of Planning and Budget may distribute sufficient funds to EVMS for project planning, including detailed planning.  The distribution of funds by the Director for construction is contingent upon the following conditions:

    a.  A bill is introduced for a Special Session of the General Assembly held prior to the 2009 Regular Session of the General Assembly or for the 2009 Regular Session of the General Assembly that provides for the following:  an amendment to enabling legislation of EVMS that changes the appointments of the 17 members of the Board of Visitors of EVMS such that three members are to be appointed by the Speaker of the House of Delegates, two members are to be appointed by the Senate Committee on Rules, two members are to be appointed by the Governor, six members shall continue to be appointed by the Board of the Eastern Virginia Medical School Foundation, and four members shall continue to be appointed by local governments;

    b.  The Board of Visitors of EVMS enters into a memorandum of understanding with the Commonwealth in which the Board promises to increase the current medical school class size; and

    c.  A determination by the Secretary of Finance that the Board of Visitors of EVMS has cooperated in a review of EVMS by the State Council of Higher Education for Virginia as such review may be provided for in the general appropriation act.

9.  That the Department of Mental Health, Mental Retardation and Substance Abuse Services, in consultation with the Department of General Services, is hereby authorized to acquire by purchase, gift, or land exchange such land as may be necessary for the capital project to “Replace Western State Hospital” as set forth under § 1 of the second enactment.  The proceeds from any such sale or land exchange to facilitate the replacement of Western State Hospital may be applied first to any capital costs relating to the replacement of Western State Hospital, and secondly as provided under law for the disposition of state property.

10. That the Director of the Department of Planning and Budget is hereby authorized to supplement the funding for any project listed in this act from nongeneral fund sources other than debt, as necessary to meet the intended scope of the project. The Director shall report any such supplemental funding to the Chairmen of the House Appropriations Committee and the Senate Finance Committee.

11. That, subject to the provisions of this enactment, the Virginia College Building Authority (VCBA) is authorized to issue additional revenue bonds in an aggregate principal amount not to exceed $100 million, plus amounts needed to fund issuance costs and other financing expenses, to finance any needed nongeneral fund portion of the cost of capital projects listed in § 3 or § 4 of the second enactment of this act; provided that all debt service and related costs of the bonds are paid by the applicable educational institution from its nongeneral fund revenues.  Such revenue bonds shall be secured by the applicable educational institution from one or more of the revenue sources cited in subdivisions (d) (1) through (d) (4) of § 23-19 of the Code of Virginia, except for the general funds of the institution.  The Director of the Department of Planning and Budget is authorized to determine the amount of bonds to be issued, if any, to meet the intended scope of the projects, and the Virginia College Building Authority shall not issue any bonds under this enactment without being directed to do so by the Director of the Department of Planning and Budget.  The Director of the Department of Planning and Budget shall report to the State Treasurer and the Chairmen of the House Appropriations Committee and the Senate Finance Committee any time he directs that bonds be issued under this enactment.

In lieu of revenue bonds being issued by the VCBA and conditioned upon an allocation of bonds for the nongeneral fund portion of the cost of a capital project as determined by the Director of the Department of Planning and Budget, a public institution of higher education is hereby authorized to issue its own bonds to finance any needed nongeneral fund portion of the cost of a capital project listed in § 3 or § 4 of the second enactment of this act in a principal amount not to exceed such allocation for the capital project as determined by the Director; provided that all debt service and related costs of the bonds are paid by the applicable educational institution from its nongeneral fund revenues.  Such bonds shall be secured by the applicable educational institution from one or more of the revenue sources cited in subdivisions (d) (1) through (d) (4) of § 23-19 of the Code of Virginia, except for the general funds of the institution. 

In no case pursuant to the provisions of this enactment shall the total principal amount of bonds issued by the VCBA plus any bonds issued by a public institution of higher education exceed an aggregate principal amount of $100 million.  The Director of the Department of Planning and Budget shall allocate the $100 million in bonded authority to the capital projects listed in § 3 or § 4 of the second enactment of this act.

The General Assembly hereby appropriates the proceeds from any such bonds described under this enactment to finance any needed nongeneral fund portion of the cost of capital projects listed in § 3 or § 4 of the second enactment of this act as determined by the Director of the Department of Planning and Budget.

12. That, notwithstanding any special or general law to the contrary, no proceeds shall be distributed for the construction and renovation project at the Virginia School for the Deaf and the Blind in the City of Staunton, and no costs shall be incurred for this project until the Board of Education takes substantial action to permanently terminate all state-operated programs at the Virginia School for the Deaf, the Blind, and the Multi-disabled in the City of Hampton, including all state-operated or state funded residential and day program services delivered for deaf, blind, and multi-disabled students.

Property at the Virginia School for the Deaf, the Blind, and the Multi-disabled in the City of Hampton shall become surplus property as of July 1, 2009.  Nothing in this enactment shall prohibit the transfer or sale of such property to a nonstate entity that may provide services to the deaf, blind, or multi-disabled, or to an entity that seeks to preserve the history of the school.

13. That for the project entitled “Repair/Replace Southeastern Virginia Training Center” in § 2 of the second enactment, the Director of the Department of Mental Health, Mental Retardation and Substance Abuse Services shall submit to the Chairmen of the House Appropriations Committee and the Senate Finance Committee and the Director of the Department of General Services the plans associated with such project, which shall include a cost benefit analysis of renovating existing cottages versus demolishing existing cottages and building new housing.  Within 30 days of receipt of such plans, the Senate Finance Committee and House Appropriations Committee shall make a recommendation as to whether the project would better proceed as a new construction project or a renovation project.

The Senate Finance Committee and House Appropriations Committee shall each determine whether to request additional information, recommend changes to the plans, or accept the plans, and notify the Department of Mental Health, Mental Retardation and Substance Abuse Services of their determination.  The Department of Mental Health, Mental Retardation and Substance Abuse Services shall provide additional information on the details of such plans as requested by either Committee.  However, prior to awarding a contract for construction of such project, both Committees must have accepted the same plans, either as initially submitted or modified.  The Director of the Department of Planning and Budget shall have the authority to fund only such plans accepted by both Committees.

14. That Virginia Commonwealth University is authorized to enter into a contract with the University of Virginia for project management on the construction of the Virginia Commonwealth University Dental Clinic (Dental Clinic) authorized for construction in Wise County in § 4 of the second enactment.  The University of Virginia shall cooperate with Virginia Commonwealth University for such purposes.  Virginia Commonwealth University is authorized to contract with the University of Virginia College at Wise or other entities for the maintenance of the Dental Clinic, and the University of Virginia College at Wise shall cooperate with Virginia Commonwealth University for such purposes.

15. That the provisions of paragraph F in Item 391 of House Bill No. 30, as such bill was enrolled on April 4, 2008, shall apply to the project entitled “Construct Charlotte Prison” listed in § 1 of the third enactment.

16. That for the project “Replace Roofs Umbrella Project” listed in § 2 of the second enactment, the Department of Corrections shall ensure that the integrity of structural components of roof systems are sound before replacing any roofs.  Furthermore, any roof replacement shall have a manufacturer’s warranty of at least 20 years.

17.  That issuance of bonds for the project entitled “Improve Wallops Flight Facilities” listed in § 2 of the second enactment shall be conditioned upon the execution of a Memorandum of Understanding acceptable to the Governor, and a copy of the memorandum being provided to the Chairmen of the House Appropriations Committee and the Senate Finance Committee.

18.  That the Department of General Services is hereby directed to solicit for proposals under the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.) of Title 56 of the Code of Virginia, or under other authority available to the Department after consultation with the Public-Private Partnership Advisory Commission established pursuant to Chapter 42 (§ 30-278 et seq.) of Title 30 of the Code of Virginia, for the development of an office facility to replace the 8th Street Office Building and renovate the 9th Street Office Building. In soliciting such proposals, the Department shall specify the Commonwealth's anticipated requirements for leased space in the facility, and shall seek to maximize opportunities to leverage private sector financial participation and risk sharing in the project, including, but not limited to, use and sale of historic rehabilitation tax credits, commercial components, and other revenue-generating activities that would reduce the state's cost to lease or own all or a portion of such facility. The Department shall solicit such proposals no later than September 1, 2008, and shall have completed sufficient review of such proposals to report on its findings and recommendations to the 2009 General Assembly.

19.  That nothing in this act shall be construed or interpreted as limiting any authority granted under Chapter 4.10 (§ 23-38.88 et seq.) of Title 23 of the Code of Virginia, or under any management agreement executed pursuant to the provisions of such chapter, provided that, for any capital outlay project of a public institution of higher education included in the capital outlay plan described in § 2.2-1518 of the Code of Virginia (that is enacted into law) for which the general fund supported resources for the project will exceed 100 percent of the general fund-supported resources allocated for that project pursuant to law, such capital outlay project shall be subject to the provisions of subsection E of § 2.2-1519 of the Code of Virginia.  For purposes of this enactment, the term “capital outlay project” means the same as such term is defined § 2.2-1515 of the Code of Virginia.

20.  That § 2.2-1503.2 of the Code of Virginia is repealed.

21.  That an emergency exists and this act is in force from its passage.