SB 860 — Fort Monroe Authority; powers and duties, collection of fees for goods and services.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E210 An Act to amend and reenact § 2.2-2340 of the Code of Virginia and to amend the Code of Virginia by collectionadding ofa feessection fornumbered goods2.2-2340.1, andrelating servicesto offeredFort byMonroe personsAuthority operatingAct; within the Area of Operation;

powers and duties;

collection of fees for goods and services offered by persons operating within the Area of Operation;

O L [S 860] L Approved EMarch 22, 2023 Be it enacted by the General Assembly of Virginia:

D1. is amended by adding a section numbered 2.2-2340.1 as follows:acted and that the Code of Virginia § 2.2-2340.

That § 2.2-2340 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 2.2-2340.1 as follows:

§ 2.2-2340.

It is the policy of the Commonwealth that the historic, cultural, and natural resources of Fort Monroeproperty bein protectedthe inArea anyof conveyanceOperation orat alienationFort ofMonroe realmay propertybe interestsmaintained byas theCommonwealth-owned Authority.landty.

Real property in the Area of Operation at Fort Monroe may be maintained as Commonwealth-owned land that is leased, whether by short-term operating/revenue lease or long-term ground lease, to appropriate public, private, or joint venture entities, with such historic, cultural, and natural resourcesBbeingresources being protected in any such lease, to be approved as to form by the Attorney General of the Commonwea6thCommonwealth Monroeof mayVirginia. only be sold under covenants, historic conservation easements, historic preservationEon at Fort easements, or other appropriate legal restrictions approved as to form by the Attorney General that protect these historic and natural resources.

If sold as provided in this article, real property interests in the Area of Operation at Fort Monroe may only be sold under covenants, historic conservation easements, historic preservation easements, or other appropriate legal restrictions approved as to form by the Attorney General that protect these historic and natural resources.

B.

The Authority shall have the power and duty:

to provide for the construction, reconstruction, rehabilitation, reuse, improvement, alteration, maintenance, removal, equipping, or repair of any buildings, structures, or land of any kind;

to arrange or contract for the furnishing by any person or agency, public or private, of works, services, privileges, or facilities in connection with any activity in which the Authority may engage, provided, however, that if services are provided by the City of Hampton pursuant to § 2.2-2341 for which the City is compensated pursuant to subsection B of § 2.2-2342, then the Authority may provide for additional, more complete, or more timely services than are generally available in the City of Hampton as a whole if deemed necessary or appropriate by the Authority;

to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, easement, dedication, or otherwise any real or personal property or any interest therein, which purchase, lease, or acquisition may only be made for less than fair market value if the Board of Trustees determines, upon the advice of the Attorney General, that the transaction is consistent with the fiduciary obligation of the asAuthority provided in this article, to sell,the lease,Commonwealth exchange,and transfer,if assign,necessary or pledgeappropriate anyto realfurther orthe personalpurposes property or any interest therein, which sale, lease, or other transfer or assignment may be made for less of 3the thanAuthority; fair market value;

as provided in this article, to dedicate,sell, makelease, aexchange, gifttransfer, of,assign, or leasepledge for a nominal amount any real or personal property or any interest thereintherein, towhich thesale, Commonwealth,lease, the City of Hampton, or other localitiestransfer or agencies,assignment publicmay orbe private,made within the Area of Operation or adjacent thereto, jointly or severally, for publicless usethan orfair benefit,market suchvalue; as, but not limited to, game preserves, playgrounds, park and recreational areas and facilities, hospitals, clinics, schools, and airports;

as provided in this article, to dedicate, make a gift of, or lease for a nominal amount any real or personal property or any interest therein to the Commonwealth, the City of of 3 Hampton, or other localities or agencies, public or private, within the Area of Operation or adjacent thereto, jointly or severally, for public use or benefit, such as, but not limited to, game preserves, playgrounds, park and recreational areas and facilities, hospitals, clinics, schools, and airports;

To determine what paintings, statuary, works of art, manuscripts, and artifacts may be acquired by purchase, gift, or loan and to exchange or sell the same if not inconsistent with the terms of such of 3 purchase, gift, loan, or other acquisition;

To change the form of investment of any funds, securities, or other property, real or peEsonal,personal, provided the same are not inconsistent with the terms of the instrument under which the same were acquired, and to sell, grant, or convey any such property, subject to the provisions of subsection A of § 216.2.2-2340;

of 3 16.

O 17.

To do any and all other acts and things that may be reasonably necessary and convenient to carry out19.out its purposes and powers;

To19. adopt, amend or repeal, by the Board of Trustees, or the executive committee thereof,L regulations concerning the use of, access to and visitation of properties under the control of Ehe Authority in order to protect or secure such properties and the public enjoyment thereof, with any violation of such regulations being punishable by a civil penalty of up to $100 for the first violation and up 20.

To adopt, amend or repeal, by the Board of Trustees, or the executive committee thereof, regulations concerning the use of, access to and visitation of properties under the control of the Authority in order to protect or secure such properties and the public enjoyment thereof, with any violation of such regulations being punishable by a civil penalty of up to $100 for the first violation and up to $250 for any subsequent violation, such civil penalty to be paid to the Authority;

20.

The§ Authority2.2-2340.1. shall have the power to install, operate, maintain, repair, and replace, or toScause to be installed, operated, maintained, repaired, and replaced, within the Area of Operation, security cameras and any other devices or sensors that the Authority deems to be useful to enhance the s0fety and security of persons or property located within the Area of Operation.

Use of safety and security enhancement devices.

The Authority shall have the power to install, operate, maintain, repair, and replace, or to cause to be installed, operated, maintained, repaired, and replaced, within the Area of Operation, security cameras and any other devices or sensors that the Authority deems to be useful to enhance the safety and security of persons or property located within the Area of Operation.