Central Capital Outlay - Construction Pool Technical Changes (language only)

Item C-68.50 #1h

Language

Page 292, line 32, strike "Not set out.", and insert:

A. 1. The capital projects in paragraph C of this item are hereby authorized and may be financed in whole or in part through bonds of the Virginia College Building Authority pursuant to § 23.1-1200 et seq., Code of Virginia, or the Virginia Public Building Authority pursuant to § 2.2-2263 et seq., Code of Virginia. Bonds of the Virginia College Building Authority issued to finance these projects may be sold and issued under the 21st Century College Program at the same time with other obligations of the Authority as separate issues or as a combined issue. The aggregate principal amounts shall not exceed $11,738,921 plus amounts needed to fund issuance costs, reserve funds, original issue discount, interest prior to and during the acquisition or construction and for one year after completion thereof, and other financing expenses, in accordance with § 2.2-2263, Code of Virginia.

2. From the list of projects included in paragraph C. of this item, the Director, Department of Planning and Budget, shall provide to the Chairs of the Virginia College Building Authority and the Virginia Public Building Authority the specific projects, as well as the amounts for these projects, to be financed by each authority within the dollar limit established by this authorization.

3. Debt service on the projects contained in this Item shall be provided from appropriations to the Treasury Board.

4. The appropriations for the capital projects in this item are subject to the conditions in § 2.0 F. of this act.

B. In addition to the appropriation and bond authorization authorized by this item, the Director, Department of Planning and Budget, shall transfer unutilized Virginia College Building Authority (VCBA) and Virginia Public Building Authority (VPBA) bond authorization and appropriation from the projects listed below, in the amounts shown, to this project for funding the projects listed in paragraph C:                                                                          

C. There is hereby appropriated $11,738,921 the first year from bond proceeds of the Virginia College Building Authority or the Virginia Public Building Authority and $1,242,850 the first year from the general fund to provide funds for the construction and other capital costs of the following projects:                                              

D. The authorization provided under Chapter 759 / 769, 2016 Acts of Assembly for bond funding from the Virginia College Building Authority for Virginia Commonwealth University Center capital project 18205, Construct Commonwealth Center for Advanced Logistics Systems (CCALS), is rescinded.

E. In addition to the appropriation and bond authorization authorized by this item, the Director, Department of Planning and Budget, shall transfer unutilized Virginia College Building Authority (VCBA) bond authorization and appropriation from the projects listed below, in the amounts shown, to this project for funding the projects listed in paragraph F:

F. 1. a. Upon certification from the Virginia Economic Development Partnership that an agreement has been reached with the Economic Development Authority and Rolls-Royce Crosspointe LLC, the Department of General Services is hereby authorized $12,120,000 the first year from bond proceeds of the Virginia Public Building Authority to provide funds for the acquisition of the Commonwealth Center for Advanced Manufacturing (CCAM).

b. The Department of General Services (“DGS”) is directed and fully funded from the proceeds totaling $12,120,000 of the Virginia College Building Authority identified in Paragraph E. of this Item to acquire the Commonwealth Center for Advanced Manufacturing (“CCAM”) property (the “Property”) from the University of Virginia Foundation (the “Foundation”), on terms acceptable to DGS (the “Acquisition”).  DGS may acquire the Property subject to an EDA grant award and conditions for award No. 01-0108998 (“Grant”) and any associated mortgage (“Mortgage”), including without limitation the mortgage recorded in the Prince George County Clerk's Office as Instrument #110003537, pursuant to which Mortgage the EDA is authorized to foreclose to gain title to the Property in the event of a default under the Grant.  DGS is authorized and directed to proceed with the Acquisition with the remedies allowed in the Grant and Mortgage, including, but not limited to  a right of foreclosure under the Mortgage and the right to demand payment under the Grant.

CCAM, the Commonwealth Center for Advanced Logistics Systems (should it become a tenant in the Property) (“CCALS”), and any other tenant in the Property, shall work with DGS to further the purpose of the Grant and Mortgage and keep the Property in compliance with the Grant and Mortgage.  Any lease to any tenant of the Property shall be on terms and conditions acceptable to DGS and all tenants shall cooperate with DGS (i) in negotiating a lease acceptable to DGS and (ii) during the term of any such lease, to ensure that, among other things, the tenant shall not cause a default under the terms of any such lease, the Grant, or Mortgage.   Tenants of the Property shall comply with DGS's building occupancy and use requirements, including any tenant financial obligations and building operational procedures.  CCALS and any entities operating within the Property prior to the Acquisition, including but not limited to CCAM, shall execute a lease with DGS prior to the Acquisition, to be held in escrow pending completion of the Acquisition.

DGS expenses to complete the Acquisition and negotiate tenant leases shall be funded from the funding authorized by this section.  Such funds will be deducted upon completion of the Acquisition.

2. Virginia Commonwealth University is hereby authorized $6,880,000 the first year from bond proceeds of the Virginia College Building Authority to provide funds for the support acquisition and installation of High-Performance Computing tools for the development of the Commonwealth Center for Cloud Computing (C4).

G. The conditions required in order to receive the allocation from paragraph F. 2. of this item are:

1. Virginia Commonwealth University shall convene a workgroup comprised of the University of Virginia, Virginia Tech, Old Dominion University, Virginia State University, Longwood University, and representatives from the Commonwealth Center for Advanced Manufacturing (CCAM) and the Commonwealth Center for Advanced Logistics for the expressed purpose of developing a plan for the Commonwealth Center for Cloud Computing (C4).

2. The plan shall identify areas of research relevant to the C4, guiding principles to ensure continued collaboration between and among the partnering entities, opportunities for potential expansion of other institutions and entities, linkages with the Commonwealth Cyber Initiative, the Cyber Range and the Greater Washington Partnership, operational cost estimates and cost sharing strategies between and among the partnering institutions and entities to include potential for leveraging private sector partnerships.

3. The workgroup shall submit the report by December 1, 2021 to the Chairs of the House Appropriations and Senate Finance and Appropriations Committees and the Governor.

4. After adoption of the report by the General Assembly, the funding provided in paragraph F.2. shall be released to Virginia Commonwealth University to support the creation of the operations of the Commonwealth Center for Cloud Computing (C4)."