15.2-6900 - Compact created. - Virginia Statutes

§ 15.2-6900. Compact created.

The Appalachian Region Interstate Compact (the Compact) is hereby created andentered into with all other jurisdictions legally joining therein in the formsubstantially as follows:

Article I. Short Title.

This act shall be known and may be cited as the Appalachian Region InterstateCompact.

Article II. Compact Established.

Pursuant to Article I, Section 10 of the Constitution of the United States,the signatories hereby provide a mechanism for the creation of one or moreauthorities for the purpose of developing one or more facilities to enhancethe regional economy that shall constitute instrumentalities of thesignatories.

For purposes of this chapter, "Appalachian Region" means the areas includedin "region" as defined in § 15.2-6400 and § 403 of the Appalachian RegionalDevelopment Act of 1965, as amended (40 U.S.C. § 14102(a)(1)).

Article III. Agreement.

The Commonwealth of Virginia may enter into agreement with one or moresignatory states and, upon adoption of this compact, agree as follows:

1. To study, develop, and promote a plan for the design, construction,financing, and operation of interstate facilities of strategic interest tothe signatory states;

2. To coordinate efforts to establish a common legal framework in all thesignatory states to authorize and facilitate design, construction, financing,and operation of such facilities either as publicly operated facilities orthrough other structures authorized by law;

3. To advocate for federal and other public and private funding to supportthe establishment of interstate facilities of interest to all signatorystates;

4. To make available to such interstate facilities funding and resources thatare or may be appropriated and allocated for that purpose; and

5. To do all things necessary or convenient to facilitate and coordinate theeconomic and workforce development plans and programs of the Commonwealth ofVirginia, and the other signatory states, to the extent such plans andprograms are not inconsistent with federal law and the laws of theCommonwealth of Virginia or other signatory states.

Article IV. Compact Commission Established; Membership; Chairman;Meetings; and Report.

Each signatory state to the Compact shall establish a compact commission. InVirginia, the Appalachian Region Interstate Compact Commission (theCommission) shall be established as a regional instrumentality and agency ofthe Commonwealth of Virginia and the signatory states. The compactcommissions of the signatory states shall be empowered to carry out thepurposes of their respective Compacts.

The Appalachian Region Interstate Compact Commission shall consist of sixmembers from the other signatory states to be appointed pursuant to the lawsof the signatory states, and six members of the Virginia delegation to theCommission to be appointed as follows: two members to be appointed by theSenate Committee on Rules, and four members to be appointed by the Speaker ofthe House. Members of the Virginia delegation to the Compact Commission shallserve terms coincident with their terms of office if an elected state orlocal representative, and may be reappointed. The chairman of the Commissionshall be elected by the members of the Commission from among its membership.The chairman shall serve for a term of two years, and the chairmanship shallrotate among the signatory states.

The Commission shall meet not less than twice annually; however, theCommission shall not meet more than once consecutively in the same state.

Article V. Powers and Duties of the Commission.

The Commission is vested with the powers of a body corporate, including thepower to sue and be sued in its own name, plead and be impleaded, and adoptand use a common seal and alter the same as may be deemed expedient. Inaddition to the powers set forth elsewhere in this chapter, the Commissionmay:

1. Adopt bylaws, rules and regulations to carry out the provisions of thischapter;

2. Employ, either as regular employees or as independent contractors,consultants, engineers, architects, accountants, attorneys, financialexperts, construction experts and personnel, superintendents, managers andother professional personnel, personnel, and agents as may be necessary inthe judgment of the Commission, and fix their compensation;

3. Determine the locations of, develop, establish, construct, erect, repair,remodel, add to, extend, improve, equip, operate, regulate, and maintainfacilities to the extent necessary or convenient to accomplish the purposesof the Compact;

4. Acquire, own, hold, lease, use, sell, encumber, transfer, or dispose of,in its own name, any real or personal property or interests therein;

5. Invest and reinvest funds of the Commission;

6. Enter into contracts of any kind, and execute all instruments necessary orconvenient with respect to its carrying out the powers in this chapter toaccomplish the purposes of the Compact;

7. Expend such funds as may be available to it for the purpose of developingfacilities, including but not limited to (i) purchasing real estate; (ii)grading sites; (iii) improving, replacing, and extending water, sewer,natural gas, electrical, and other utility lines; (iv) constructing,rehabilitating, and expanding buildings; (v) constructing parking facilities;(vi) constructing access roads, streets, and rail lines; (vii) purchasing orleasing machinery and tools; and (viii) making any other improvements deemednecessary by the Commission to meet its objectives;

8. Fix and revise from time to time and charge and collect rates, rents,fees, or other charges for the use of facilities or for services rendered inconnection with the facilities in accordance with applicable state andfederal laws and as approved by the Commission;

9. Borrow money from any source for any valid purpose, including workingcapital for its operations, reserve funds, or interest; mortgage, pledge, orotherwise encumber the property or funds of the Commission; and contract withor engage the services of any person in connection with any financing,including financial institutions, issuers of letters of credit, or insurers;

10. Issue bonds the principal and interest on which are payable exclusivelyfrom the revenues and receipts of a specific facility in accordance withapplicable laws;

11. Accept funds and property from the Commonwealth and other signatoryjurisdictions, persons, counties, cities, and towns and use the same for anyof the purposes for which the Commission is created;

12. Apply for and accept grants or loans of money or other property from anyfederal agency for any of the purposes authorized in this chapter and expendor use the same in accordance with the directions and requirements attachedthereto or imposed thereon by any such federal agency;

13. Make loans or grants to, and enter into cooperative arrangements with,any person, partnership, association, corporation, business or governmentalentity in furtherance of the purposes of this chapter, for the purposes ofpromoting economic and workforce development, provided that such loans orgrants shall be made only from revenues of the Commission that have not beenpledged or assigned for the payment of any of the Commission's bonds, and toenter into such contracts, instruments, and agreements as may be expedient toprovide for such loans, and any security therefor. The word "revenues" asused in this subdivision includes grants, loans, funds and property, as setout in subdivisions 11 and 12;

14. Enter into agreements with political subdivisions of the Commonwealth forjoint or cooperative action in accordance with § 15.2-1300;

15. Exercise any additional powers granted to it by subsequent legislation;and

16. Do all things necessary or convenient to carry out the purposes of thischapter.

Article VI. Funding and Compensation.

The Commission may utilize for its operation and expenses (i) funds that maybe generated by borrowing, gifts and grants, (ii) funds appropriated to itfor such purposes by the General Assembly of Virginia and the legislatures ofthe other signatory states, (iii) federal funds, and (iv) revenues collectedfor the use of any facility approved by the Commission.

Members of the Virginia delegation to the Commission shall not receivecompensation but shall be reimbursed for reasonable and necessary expensesincurred in the performance of their duties to the Commission as provided in§ 2.2-2825. All such expenses shall be paid from existing appropriations,gifts, grants, federal funds, or other revenues collected for the use of anyfacility approved by the Commission. Members of the Commission representingother signatory states shall receive compensation and reimbursement ofexpenses incurred in the performance of their duties to the Commission inaccordance with the applicable laws of the respective signatory states.

(2007, cc. 941, 947.)