SB 93 — Commonwealth of Virginia Higher Educational Institutions Bond Act of 2022; created.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E86 An Act to authorize the issuance of bonds, in an amount up to $100,869,000 plus financing costs, pursuant to Article X, Section 9 (c) of the Constitution of Virginia, for paying costs of acRuiring,acquiring, constructing, and equipping revenue-producing capital projects at institutions of higher learning of the Commonwealth;

to authorize the Treasury Board, by and with the consent of the Governor, Ooto fix the details of such bonds, to provide for the sale of such bonds, and to issue notes to borrLwborrow money capitalin projectsanticipation and the full faith, credit, and taxing power of the Commonwealthissuance for the payment of suchthe bonds;

to provide for the pledge of the net revenues of such capital projects and the full faith, credit, and taxing power of the Commonwealth for the payment of such bonds;

E D [S 93] Approved April 5, 2022 Whereas, Article X, Section 9 (c), Constitution of Virginia, provides that the General Assembly may authorize the creation of debt secured by a pledge of net revenues derived from rates, fees, or other charges and the full faith and credit of the Commonwealth of Virginia, provided that such debt is created for specific revenue-producing capital projects, including their enlargement or improvement, at, among others, institutions of higher learning of the Commonwealth;

andirand enlargement or improveBent, at, Whereas, in accordance with Article X, Section 9 (c), Constitution of Virginia, the Governor has certified in writing, filed with the Auditor of Public Accounts, his opinion that the anticipatRdanticipated net revenues of each of the capital projects identified below to be pledged to the payment of the principal of and the interest on that portion of such debt issued for each such project will be sufficient to meet such payments as the same become due and to provide such reserves as may be required by law and that each of the capital projects complies with the requirements of Article X, Section 9 (c), Constitution of Virginia;

This act shall be known and may be cited as the "Commonwealth of Virginia Higher Educational Institutions Bond Act of 2022." consent§ of2. the Governor, to sell and issue, pursuant to Article X, Section 9 (c), Constitution of Virginia, at one time or from time to time, bonds of the Commonwealth, to be designated "Commonwealth of Virginia Higher Educational Institutions Bonds, Series ....." in an aggregate principal amount not exceeding $100,869,000, plus amounts needed to fund issuance costs, reserve funds, construction period interest, and other financing expenses.

Authorization of bonds and BANs.

The Treasury Board is hereby authorized, by and with the consent of the Governor, to sell and issue, pursuant to Article X, Section 9 (c), Constitution of Virginia, at one time or from time to time, bonds of the Commonwealth, to be designated "Commonwealth of Virginia Higher Educational Institutions Bonds, Series ....." in an aggregate principal amount not exceeding $100,869,000, plus amounts needed to fund issuance costs, reserve funds, construction period interest, and other financing expenses.

The proceeds of such bonds and BANs, excluding amounts needed to fund issuance costs, reserve funds, and other financing expenses, shall be used exclusively for the purpose of providing funds, with any other available funds, for paying all or a portion of the costs of acquiring, constructing, renovating, enlarging, improving, and equipping revenue-producing capital projects at institutions of higher learning of the Commonwealth as followsInstitutionfollows: Project Title Project Code Amount James Madison University Village Student Housing, 18596 $55,240,000 Phase I Virginia Polytechnic Institute aHitt Hall 18605 $45,629,000 University Total $100,869,000 proceeds of (i) bonds the issuance of which has been anticipated by BANs, (ii) refunding bonds, and (iii) refunding BANs) shall be deposited in a special capital outlay fund in the state treasury and, together with the investment income thereon, shall be disbursed by the State Treasurer for paying costs of the acquisition, construction, renovation, enlargement, improvement, and equipping of the authorized capital projects, including financing costs.

Institution Project Title Project Code Amount James Madison University Village Student Housing, 18596 $55,240,000 Phase I Virginia Polytechnic Institute and StHitt Hall 18605 $45,629,000 University Total $100,869,000 § 3.

Application of proceeds.

The proceeds, including any premium, of bonds and BANs (except the proceeds of (i) bonds the issuance of which has been anticipated by BANs, (ii) refunding bonds, and (iii) refunding BANs) shall be deposited in a special capital outlay fund in the state treasury and, together with the investment income thereon, shall be disbursed by the State Treasurer for paying costs of the acquisition, construction, renovation, enlargement, improvement, and equipping of the authorized capital projects, including financing costs.

Bonds and BANs shall of 3 be in such form, shall bear interest at such rate or rates, either at fixed rates or at rates established by formula or other method, and may contain such other provisions, all as determined by the Treasury of 3 Board or, when authorized by the Treasury Board, the State Treasurer.

These contracts or arrangements may be entered into by the Commonwealth in connection with, or incidental to, entering into, or maintaining any (i) agreement which secures bonds or BANs or (ii) investment, or contract providing for investment, of 3 otherwise authorized by law.

These contracts and arrangements may contain such payment, security, default, remedy, and other terms and conditions as determined by the Commonwealth, after givingEduegiving due consideration to the creditworthiness of the counterparty or other obligated party, including aNyany rating determinations referred to in this subsection may be made by the Treasury Board or any publicnationally fundsrecognized managerrating withagency, professionaland investmentany capabilitiesother dulycriteria authorizedas bymay thebe Treasuryappropriate. Board to make such determinations.

OThe C.determinations referred to in this subsection may be made by the Treasury Board or any public funds of 3 manager with professional investment capabilities duly authorized by the Treasury Board to make such determinations.

AnyC. money set aside and pledged to secure payments of bonds, BANs, or any of the contracts entered into pursuant to this section may be invested in accordance with subsection A and may be pledged to and used to service any of the contracts or other arrangements entered into pursuantLto subsection B.

fullAny faithmoney set aside and creditpledged ofto thesecure Commonwealthpayments areof herebybonds, irrevocablyBANs, pledgedor forany of the paymentcontracts ofentered theEdinto thepursuant principalto ofthis andsection themay interestbe oninvested bondsin andaccordance BANswith (unlesssubsection theA Treasuryand Board,may bybe pledged to and withused theto consentservice any of the Governor,contracts shallor provideother otherwise)arrangements issuedentered underinto thispursuant act.to subsection B.

§ 9.

Security for bonds and BANs.

The net revenues of the capital projects set forth above and the full faith and credit of the Commonwealth are hereby irrevocably pledged for the payment of the principal of and the interest on bonds and BANs (unless the Treasury Board, by and with the consent of the Governor, shall provide otherwise) issued under this act.

In the event the net revenues pledged to the payment of the bonds or BANs are insufficient in any fiscal year for the timely payment of the principal of, premium, if any, and interest on the bonds or BANs, where the full faith and credit of the Commonwealth have been pledged, the General Assembly shall appropriate a sum sufficient therefor or the Governor shallSdirectshall direct payment therefor from the general fund revenues of the Commonwealth.

B § 10.

The bonds and BANs issued under the provisions of this act, their transfer and the income therefrom, including any profit made on the sale thereof, shall aRat all times be free and exempt from taxation by the Commonwealth and by any county, city, or town or other political subdivision thereof.

The Treasury Board is authorized to take or refrain from taking any and all actions and to covenant to such effect, and to require the participating institutions to do and to covenant likewise, to the extent that, in the judgment of the Treasury Board, it is appropriate in order that interest on the bonds and BANs may be exempt from federal income tax.

Alternatively, interest onderon bonds and BANs may be made subject to inclusion in gross income of the holders thereof for federal income tax purposes.

Refunding bonds and BANs may be issued in a principal amount up to the amount necessary to pay at maturity or redeem the bonds and BANs to be refunded and pay all issuance costs and other financing expenses of thedeem the refunding.

Any bond or BAN for which cash or direct obligations of the United States of America shall have been set aside in escrow with the State Treasurer or a bank or trust company, within or without the Commonwealth, shall be deemed no longer outstanding under the applicable authorizing instrument, this act, and Article X, Section 9 (c) or (b), as the case may be, of the Con§Constitution 13.of Virginia.

§ 13.