SB 89 — Fort Monroe Authority; powers and duties.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E34 An Act to amend and reenact §§ 2.2-2339, 2.2-2340, and 2.2-2345 of the Code of Virginia, relating to Fort Monroe Authority;

R O [S 89] Approved LMarch L8, 2024 Be it enacted by the General Assembly of Virginia:

That §§ 2.2-2339, 2.2-2340, and 2.2-2345 of the Code of Virginia are amended and reenacted aEas follows:

D§ The2.2-2339. Authority shall have the power and duty:

Duties of the Authority.

The Authority shall have the power and duty:

To do all things necessary and proper to further an appreciation of the contributions of the first permanent English-speaking settlers as well as the Virginia Indians to the building of our Commonwealth and nation, to commemorate the establishment of the first coastal fortification in the English-speaking New World, to commemorate the lives of prominent Virginians who were connected totoe the largest moated fortification in the United States, to commemorate the important role of African Americans in the history of the site, including the "Contraband" slave decision in 1861 that eaBnedearned Fort Monroe the designation as "Freedom's Fortress," to commemorate Old Point Comfort's role in 9establishing international trade and British maritime law in Virginia, and to commemorate almost 250 years of continuous service as a coastal defense fortification of the United States of America;EAmerica; 250 2.

2.

To adopt an annual budget, which shall be submitted to the Chairmen of the Senate Committee on PlanningFinance and BudgetAppropriations byand Julythe 1House ofCommittee each year;mmittee on Appropriations and the Department of 6.Planning and Budget by July 1 of each year;

6.

To serve as the Commonwealth's management agent for all the land in the Area of Operation and for the implementation of actions and fulfillment of federal and state obligations for public and private land under the Fort Monroe Master Plan, Programmatic Agreement, Design Standards, Reuse Plan, State Memorandum of Understanding, and any other agreements regarding Fort Monroe to which the Commonwealth is a party, ensuring adherence to the findings, declarations, and policies set forth in this article, unless the Commonwealth and the Authority specifically agree in writing to the contrary.

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 resources being protected in any such lease, to be approved as to form by the Attorney General of the Commonwealth of Virginia.

The proceeds from the sale or pre-paid lease of any real or personal property within the Area of Operation shall be retained by the Authority and used for infrastructure improvements in B.the Area of Operation.

B.

to adopt and use a common seal and to alter the same as may be deemed of 3 expedient;

and to make and from time to time amend of 3 and repeal bylaws, rules, and regulations, not inconsistent with law, to carry into effect the powers and purposes of the Authority;

To exercise the power of eminent domain in the manner provided by Chapter 3 (§ 25.1-300 et of 3 seq.) of Title 25.1 within the Authority's Area of Operation;

however, eminent domain may only be used to obtain easements across property on Fort Monroe for the provision of water, sewer, electricaE,electrical, ingress and egress, and other necessary or useful services to further the purposes of the Authority, unless the Governor has expressly granted authority to obtain interests for other purposes;

N10. the services or facilities provided, owned, operated, or financed by the Authority benefiting property from, within the Authority's Area of Operation and (ii) for the consumption within the Area of OperatOon of goods and services being provided in exchange for value by any person or business located and operating, permanently or temporarily, within the Area of Operation.

SuchTo rents,fix, fees,charge, and chargescollect mayrents, befees, charged to and collectedcharges by(i) such persons and in such manner as the Authority may determine fLom (a) any person contracting for the servicesuse orof, using the Authority facilities or (b) the owners,benefit tenants,derived orfrom, customers of the3 real estate and improvements that are served by, or benefit from the use of, aEy such services or facilities,facilities inprovided, suchowned, manneroperated, asor shallfinanced be authorized by the Authority inbenefiting connectionproperty wiDhwithin the CommonwealthAuthority's or,Area whereof suchOperation rents,and fees(ii) orfor chargesthe relateconsumption towithin services or facilities utilized by the CityArea of HamptonOperation to provide municipal services, to the City of Hamptongoods exceptand asservices maybeing be provided byin leaseexchange orfor othervalue agreementby andany mayperson be used to fund the provision of the additional, more complete, or morebusiness timelylocated servicesand authorizedoperating, underpermanently subdivision 6 of § 2.2-2339, the payments provided under § 2.2-2342, or fortemporarily, otherwithin purposes as the AuthorityArea may determine to be appropriate, subject to the provisions of subsectionOperation. B of § 2.2-2342;

Such rents, fees, and charges may be charged to and collected by such persons and in such manner as the Authority may determine from (a) any person contracting for the services or using the Authority facilities or (b) the owners, tenants, or customers of the real estate and improvements that are served by, or benefit from the use of, any such services or facilities, in such manner as shall be authorized by the Authority in connection with the provision of such services or facilities.

Such rents, fees, and charges shall not be chargeable to the Commonwealth or, where such rents, fees or charges relate to services or facilities utilized by the City of Hampton to provide municipal services, to the City of Hampton except as may be provided by lease or other agreement and may be used to fund the provision of the additional, more complete, or more timely services authorized under subdivision 6 of § 2.2-2339, the payments provided under § 2.2-2342, or for other purposes as the Authority may determine to be appropriate, subject to the provisions of subsection B of § 2.2-2342;

To receive and expend gifts, grants, and donations from whatever source derived for the Burposespurposes of the Authority;

912. required;

To employ an a chief executive director officer and such deputies and assistants as may Eebe 13.required;

To13. elect any past chairman of the Board of Trustees to the honorary position of chairmanR emeritus.

To elect any past chairman of the Board of Trustees to the honorary position of chairman emeritus.

To change the form of investment of any funds, securities, or other property, real or 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 § 2.2-2340;

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;

The chief executive director officer shall exercise such powers and duties relating to the Authority conferred upon the Board as may be delegated to him by the Board, including powers and duties Authority involving the exercise of discretion.