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1995 SESSION
LD5113376Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 15.1 a chapter numbered 43, consisting of sections numbered 15.1-1676 through 15.1-1684, as follows:
§ 15.1-1676. Short title.
This chapter shall be known and may be cited as the “Virginia Geographic Information Network Authority.”
§ 15.1-1677. Declaration of purpose.
The Virginia Geographic Information Network Authority is created for the following purposes: (i) to build a comprehensive base of geographic and land information for the Commonwealth; (ii) to ensure a process for maintaining the currency of geographic and land information; and (iii) to provide access to geographic and land information to both the public and private sectors.
§ 15.1-1678. Definitions.
As used in this chapter:
“Authority” means the political subdivision of the Commonwealth of Virginia created by this chapter.
“Board” means the Board of Directors of the Authority.
“Board of Directors” means a group of individuals who provide oversight and policy direction to the activities of the Authority as set forth in § 15.1-1683.
“Geographically referenced information” means information that includes a geographic component or that is specifically formatted to include a geographic location. This information must be in the format of a geographic information system so that it may be queried, analyzed, and displayed in graphic ways, such as maps.
“Information” means geographically referenced information.
“Network” means an organizational and physical connection for the distribution, sharing, and transfer of geographically referenced information between the Authority and public and private sectors.
“Virginia Geographic Information Network” means a digital base map with multiple data layers for the Commonwealth of Virginia.
§ 15.1-1679. Implementation goal.
The implementation goal of the Virginia Geographic Information Network Authority is to oversee the construction and maintenance of a statewide, shared geographic information program which shall meet the strategic geographic information needs of the Commonwealth and shall provide comprehensive products and access to a central repository of geographic information.
§ 15.1-1680. Implementation strategy.
A. The Authority shall utilize the private sector for the design, development, storage, and distribution of Virginia Geographic Information Network (VGIN) information. The Authority shall assist in building and maintaining the VGIN.
The VGIN digital base map shall be prepared by acquiring digital orthophotography with color infrared film; placing ground control dense enough to support 1:12000 mapping resolution; and acquiring a digital elevation model (DEM) to allow generation of traditional isoline contours as needed. Priority vector data sets will be prepared from the digital orthophotography.
In developing the Virginia Geographic Information Network, the Authority shall follow the recommendations set forth in Virginia Geographic Information Network; Situation Assessment and Strategic Recommendations prepared by PlanGraphics, Inc., for the Virginia Commission on Population Growth and Development and Virginia Geographic Information Network; Proposal for Legislative Action prepared by the Virginia Commission on Population Growth and Development.
B. Geographic information shall be developed according to priority categories. Immediate need priority geographic information shall include:
1. Transportation, including all the Commonwealth’s roads, railroads, transmission and communication lines, pipe lines, ports, airports, and any and all facilities dedicated to the transportation of people and/or goods.
2. Hydrography, including all the Commonwealth’s streams, perennial or intermittent, shorelines, wetlands, groundwater and drainage basins.
3. Elevation, including natural and man-made features.
4. Political boundaries, including the location and characteristics of the boundaries of the cities, counties, towns, state-owned lands, and federally owned lands.
5. Land cover/land use, including an adequate and appropriate classification of land uses and natural vegetative cover.
C. Any other geographic information product that is identified by the Authority may be considered an immediate need priority geographic information resource if it is deemed as such by the Board of Directors. Otherwise, any other geographic information product shall be considered special to particular applications, and shall not take precedence over the timely and expedient development of the immediate need priority geographic information resources.
D. The Authority may oversee the concurrent development of additional geographic information resources as needed according to funding availability and strategic relevance to the Commonwealth, provided that its development does not preclude the development of immediate need priority geographic information resources.
E. As the geographic information resources are developed, the Authority shall oversee the official state repository of these resources and shall be the sole provider of these resources.
F. The Authority shall provide electronic network access by the public and private sectors and other authorized clients as identified and authorized by the Authority to the geographic information resources of the Commonwealth.
G. The Authority shall ensure that expenditures of public funds are minimized, that participation of the private sector is maximized, and that the investments of the public and private sectors are protected in a fiducially responsible manner. The Authority shall be expedient in the marketing and sale of the geographic information resources to secure a source of revenues to be reinvested in the Authority and to provide dividends to the Authority. The Authority shall ensure that the economic benefits attributable to the income and property rights arising from any transaction in which the Authority is involved are allocated.
§ 15.1-1681. Board of Directors; Virginia Geographic Information Network Authority.
The Board of Directors of the Virginia Geographic Information Network Authority is hereby created.
§ 15.1-1682. General composition of the Board.
A. The Authority shall be governed by a Board of Directors consisting of seven members appointed by the Governor: two of whom shall be the Secretaries of Finance and Transportation; three of whom shall be representatives from Virginia Polytechnic and State University, the University of Virginia, and the College of William and Mary; one of whom shall be a representative from a local government with an existing geographic information system; and the Director of the Department of Innovative Technologies.
B. The Board shall establish a twelve-member technical advisory committee including, but not exclusively, representatives from technology councils, industry, business associations, and colleges and universities. These members shall have knowledge, skills and expertise in specific geographic information technology areas.
§ 15.1-1683. Powers and duties of the Board.
The Board shall meet a minimum of six times each year and shall:
1. Adopt internal rules of conduct as well as bylaws that govern protocol and procedures during meetings and hold public meetings unless the subject matter of discussion related to the financial viability of the Authority or its business requires the meeting, or portion thereof, to be considered private and confidential.
2. May hire staff, form partnerships and corporations, and enter into contracts with the public and private sectors in order to implement its goals, as necessary.
3. Prescribe rules and regulations necessary or incidental to the performance of the duties or execution of powers conferred under this chapter.
4. Oversee the allocation and administration of appropriations, grants, gifts, contracts, and contributions for any purposes related to the provisions of this chapter.
5. Oversee and approve all planning relating to, and to forecast the needs of and for, geographic information services, systems, and entities.
§ 15.1-1684. General powers of the Authority.
The Authority shall have the following general powers:
1. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including but not limited to, contracts with the United States, other states, agencies, governmental subdivisions of Virginia as well as any individual organization of the public and private sectors, or any other individual or organization within or outside the Authority.
2. Solicit, accept, receive, disburse, and expend grants, funds, loans, and/or gifts from federal, state, regional, and local agencies within or outside the public sector, as well as solicit, accept, receive, disburse, and expend grants, funds, loans, and/or gifts from any private sector organization within or outside the private sector and any other source.
3. Formulate policies, standards, and specifications for geographic information collection, storage, analysis, and display as well as the design, installation, and implementation of geographic information systems.
4. Coordinate all procurement of geographic information resources and geographic information systems, with particular emphasis on state level activities related to this chapter. The Department of Planning and Budget and all entities in all branches of state government shall cooperate with the Authority in coordinating the expenditures of general funds in activities related to this chapter.
5. Review and coordinate all agreements and contracts of entities from all branches of state government prior to execution for geographic information resource acquisition and design, installation, and maintenance of geographic information systems.
6. Manage and coordinate the various computerized systems needed to implement the provisions of this chapter.
7. Acquire, lease, or construct such facilities and equipment as necessary to deliver comprehensive geographic information services and maintain such facilities and equipment whether owned or leased.
8. Provide technical assistance to public and/or private sector organizations in such areas as (i) acquisition of geographic information products, (ii) design, procurement, installation, management, and maintenance of geographic information systems, (iii) creation and promulgation of standards, specifications, procedures, and techniques related to manipulation and management of geographic information, (iv) conducting research and sponsoring demonstration projects pertaining to all facets of the implementation of geographic information systems, (v) effecting economies in the acquisition of geographic information and geographic information systems, and (vi) planning and forecasting for future needs in geographic information and services.
9. Acquire, purchase, hold, use, lease or otherwise dispose of any property, including geographic information resources, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the Authority, and without limitation of the foregoing to lease as lessee or lessor any geographic information resources and any property, real, personal, or mixed, tangible or intangible, or any interest therein, at such annual rental and on such terms and conditions as may be determined by the Board and to sell, transfer, or convey any geographic information resources, property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired by the Authority to any person whether wholly or partially completed on such terms and conditions as may be determined by the Board.
10. Make bylaws for the management and regulations of the affairs of the Authority.
11. Receive, administer, and market any interest in patents, copyrights and materials which may be potentially patentable or copyrightable developed by or for the Authority.
12. Do all acts necessary or convenient to carry out the purposes of this chapter.