Terms Used In Virginia Code > Title 33.2 > Subtitle II > Chapter 3 > Article 5 - Allocation of Highway Funds.

• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Asset management: means a systematic process of operating and maintaining the systems of state highways by combining engineering practices and analysis with sound business practices and economic theory to achieve cost-effective outcomes. See Virginia Code 33.2-100
• Board: means the Commonwealth Transportation Board. See Virginia Code 33.2-100
• Buyer: means a natural person who enters into a health club contract. See Virginia Code 59.1-296
• Capital investment: means an expenditure by or on behalf of a qualified company on or after July 1, 2023, in real property, taxable tangible personal property, or both, at a facility in an eligible county that is properly chargeable to a capital account or would be so chargeable with a proper election. See Virginia Code 59.1-284.43
• Capital investment: means an investment by or on behalf of a qualified company on or after January 1, 2023, but prior to July 1, 2040, in real property, tangible personal property, or both, at a facility that is properly chargeable to a capital account or would be so chargeable with a proper election. See Virginia Code 59.1-284.42
• Child-resistant packaging: means packaging that is designed or constructed to meet the child-resistant effectiveness standards set forth in Virginia Code 59.1-293.10
• City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
• City: has the meaning assigned to it in § 1-208. See Virginia Code 33.2-100
• Commissioner: means the Commissioner of Agriculture and Consumer Services, or a member of his staff to whom he may delegate his duties under this chapter. See Virginia Code 59.1-296
• Commissioner of Highways: means the individual who serves as the chief executive officer of the Department of Transportation. See Virginia Code 33.2-100
• Comparable alternate facility: means a health club facility that is reasonably of like kind, in nature and quality, to the health club facility originally contracted, whether such facility is in the same location but owned or operated by a different health club or is at another location of the same health club. See Virginia Code 59.1-296
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Taxation. See Virginia Code 59.1-293.10
• Department: means the Department of Transportation. See Virginia Code 33.2-100
• Eligible county: means Roanoke County. See Virginia Code 59.1-284.43
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facility: means a location where health club services are offered as designated in a health club contract. See Virginia Code 59.1-296
• Facility: means the one or more buildings, group of buildings, and ancillary facilities and equipment that are located in a locality or localities identified in a memorandum of understanding and that are owned, occupied, or otherwise operated by or for the qualified company for data center and cloud computing cluster operations. See Virginia Code 59.1-284.42
• Facility: means the building, group of buildings, or corporate campus, including any related machinery and tools, furniture, fixtures, and business personal property, that is located at or near a qualified company's operations in an eligible county and is owned, leased, licensed, occupied, or otherwise operated by a qualified company as an operations facility for use in provision of customer support for financial services. See Virginia Code 59.1-284.43
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Fund: means the Cloud Computing Cluster Infrastructure Grant Fund. See Virginia Code 59.1-284.42
• Fund: means the Financial Services Expansion Grant Fund. See Virginia Code 59.1-284.43
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grant: means a grant from the Fund awarded to a qualified company that is intended to pay or reimburse the qualified company for (i) infrastructure costs related to the construction and support of facilities and (ii) costs for workforce development, recruiting, and training. See Virginia Code 59.1-284.42
• Grants: means the grant payments from the Fund awarded to a qualified company in an amount not to exceed $15 million in the aggregate during the time frame described in subsections C and D. See Virginia Code 59.1-284.43
• Health club: means any person, firm, corporation, organization, club or association whose primary purpose is to engage in the sale of memberships in a program consisting primarily of physical exercise with exercise machines or devices, or whose primary purpose is to engage in the sale of the right or privilege to use exercise machines or devices. See Virginia Code 59.1-296
• Health club contract: means an agreement whereby the buyer of health club services purchases, or becomes obligated to purchase, health club services. See Virginia Code 59.1-296
• Health club services: means and includes services, privileges, or rights offered for sale or provided by a health club. See Virginia Code 59.1-296
• Highway: means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth. See Virginia Code 33.2-100
• highway construction: means highway, passenger and freight rail, or public transportation purposes. See Virginia Code 33.2-100
• in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
• Includes: means includes, but not limited to. See Virginia Code 1-218
• Infrastructure costs: includes the costs related to fiber, water, wastewater, and stormwater facilities; gas pipelines; electrical transmission and distribution lines; and site clearing, grading, and other improvements to support the construction and development of a facility. See Virginia Code 59.1-284.42
• Initiation fee: means a nonrecurring fee charged at or near the beginning of a health club membership, and includes all fees or charges not part of the monthly fee. See Virginia Code 59.1-296
• Interstate highway: means any highway in or component of the Interstate System. See Virginia Code 33.2-100
• Interstate System: means the same as that term is defined in Virginia Code 33.2-100
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liquid nicotine: means the same as that term is defined in § Virginia Code 59.1-293.10
• Liquid nicotine container: means a bottle or other container holding liquid nicotine in any concentration but does not include a cartridge containing liquid nicotine if such cartridge is prefilled and sealed by the manufacturer of such cartridge and is not intended to be opened by the consumer. See Virginia Code 59.1-293.10
• Local match: means the funds committed by a locality identified in a memorandum of understanding to a qualified company related to the construction and operation of a facility. See Virginia Code 59.1-284.42
• Locality: means a county or city in the Commonwealth in which a company makes an eligible investment in a facility and creates new full-time jobs, that is identified in a memorandum of understanding, and that has entered into a performance agreement. See Virginia Code 59.1-284.42
• Locality: has the meaning assigned to it in § 1-221. See Virginia Code 33.2-100
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Maintenance: means (i) ordinary maintenance; (ii) maintenance replacement; (iii) operations that include traffic signal synchronization, incident management, and other intelligent transportation system functions; and (iv) any other categories of maintenance that may be designated by the Commissioner of Highways. See Virginia Code 33.2-100
• mass transit: means passenger transportation by rubber-tired, rail, or other surface conveyance that provides shared ride services open to the general public on a regular and continuing basis. See Virginia Code 33.2-100
• MEI Commission: means the MEI Project Approval Commission established pursuant to Chapter 47 of Title 30. See Virginia Code 59.1-284.42
• Memorandum of understanding: means a performance agreement or related documents entered into on September 25, 2023, by a qualified company, the Commonwealth, and VEDP that sets forth the requirements for capital investment and the creation of new full-time jobs by a qualified company in order for a qualified company to be eligible for grants from the Fund. See Virginia Code 59.1-284.43
• Memorandum of understanding: means a memorandum of understanding entered into on or after January 1, 2023, between a qualified company, the Commonwealth, and VEDP that sets forth (i) the grant amount that the qualified company shall be eligible to receive for each new full-time job created and each $1 million of capital investment in construction costs made; (ii) the total aggregate amount of grants that the qualified company shall be eligible to receive; (iii) the performance date; (iv) the requirements and timing for capital investment and new full-time job creation by the qualified company; (v) the identification of the locality or localities in which such investment and job creation shall take place; and (vi) any other terms and conditions deemed necessary or appropriate to be eligible for grant payments from the Fund. See Virginia Code 59.1-284.42
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Monthly fee: means the total consideration, including but not limited to, equipment or locker rental, credit check, finance, medical and dietary evaluation, class and training fees, and all other similar fees or charges and interest, but excluding any initiation fee, to be paid by a buyer, divided by the total number of months of health club service use allowed by the buyer's contract, including months or time periods called "free" or "bonus" months or time periods and such months or time periods that are described in any other terms suggesting that they are provided free of charge, which months or time periods are given or contemplated when the contract is initially executed. See Virginia Code 59.1-296
• New full-time job: means a job position in which the employee of a qualified company is principally located at a facility, for which the average annual wage for the applicable year is at least equal to the average annual wage for that year required by the memorandum of understanding, and for which the qualified company provides standard fringe benefits. See Virginia Code 59.1-284.43
• New full-time jobs: means job positions created on or after January 1, 2023, but prior to July 1, 2040, in which the employee of a qualified company works at a facility, for which the average annual wage is at least one and one-half times the prevailing wage of the locality where the job is located, and for which the qualified company provides standard fringe benefits. See Virginia Code 59.1-284.42
• Nicotine vapor product: means the same as that term is defined in § Virginia Code 59.1-293.10
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Performance agreement: means an agreement entered into on or after January 1, 2023, between a qualified company, a locality identified in a memorandum of understanding, and VEDP that commits the locality to provide local funds, either as annual cash grants or via the expenditure of local funds, for infrastructure costs related to the qualified company. See Virginia Code 59.1-284.42
• Performance date: means the date set forth in a memorandum of understanding by which capital investment and new full-time job creation targets shall be met in order to qualify for grants from the Fund. See Virginia Code 59.1-284.42
• Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
• Personal property: All property that is not real property.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Prepayment: means payment of any consideration for services or the use of facilities made prior to the day on which the services or facilities of the health club are fully open and available for regular use by the members. See Virginia Code 59.1-296
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• Qualification: means the process by which a company becomes a qualified company eligible to enter into a memorandum of understanding and receive grants from the Fund. See Virginia Code 59.1-284.42
• Qualified company: means a company, including its affiliates, that, after qualification, enters into a memorandum of understanding and is expected by the performance date to (i) make or cause to be made a capital investment at facilities in localities identified in the memorandum of understanding of at least $50 billion and (ii) create at least 1,500 new full-time jobs that pay an average annual wage of at least one and one-half times the prevailing wage of the locality where the job is located. See Virginia Code 59.1-284.42
• Qualified company: means a company, including its affiliates, that engages in the provision of customer support for financial services in an eligible county and that between July 1, 2023, and December 31, 2033, is expected to (i) make a capital investment of at least $87 million and (ii) create at least 1,100 new full-time jobs related to or supportive of its business. See Virginia Code 59.1-284.43
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Relocation: means the provision of health club services by the health club that entered into the membership contract at a location other than that designated in the member's contract. See Virginia Code 59.1-296
• Retail dealer: means the same as that term is defined in § Virginia Code 59.1-293.10
• Retail tobacco product: includes any nicotine vapor product. See Virginia Code 59.1-293.10
• Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel. See Virginia Code 33.2-100
• Secondary state highway system: consists of all public highways, causeways, bridges, landings, and wharves in the counties of the Commonwealth not included in the primary state highway system and that have been accepted by the Department of Transportation for supervision and maintenance. See Virginia Code 33.2-100
• Secretary: means the Secretary of Commerce and Trade or his designee. See Virginia Code 59.1-284.43
• Secretary: means the Secretary of Commerce and Trade or his designee. See Virginia Code 59.1-284.42
• Service of process: The service of writs or summonses to the appropriate party.
• State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
• State: includes District of Columbia;

  (f) "Transit facilities" means all real and personal property located in the Zone, necessary or useful in rendering transit service between points within the Zone, by means of rail, bus, water or air and any other mode of travel, including, without limitation, tracks, rights-of-way, bridges, tunnels, subways, rolling stock for rail, motor vehicle, marine and air transportation, stations, terminals and ports, areas for parking and all equipment, fixtures, buildings and structures and services incidental to or required in connection with the performance of transit service;

  (g) "Transit services" means the transportation of persons and their packages and baggage by means of transit facilities between points within the Zone including the transportation of newspapers, express and mail between such points, and charter service which originates within the Zone but does not include taxicab service or individual-ticket-sales sightseeing operations;

  (h) "Transit Zone" or "Zone" means the Washington Metropolitan Area Transit Zone created and described in Section 3 as well as any additional area that may be added pursuant to Section 83(a) of this Compact; and

  (i) "WMATC" means Washington Metropolitan Area Transit Commission. See Virginia Code 33.2-3100

• Systems of state highways: has the meaning assigned to it in § 1-251. See Virginia Code 33.2-100
• Tobacco retail establishment: means any place of business where retail tobacco products are available for sale to the general public, including any grocery store, retail tobacco product shop, kiosk, convenience store, gasoline service station, bar, or restaurant where retail tobacco products are available for sale to the general public. See Virginia Code 59.1-293.10
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
• VEDP: means the Virginia Economic Development Partnership Authority. See Virginia Code 59.1-284.42
• VEDP: means the Virginia Economic Development Partnership Authority. See Virginia Code 59.1-284.43
• Venue: The geographical location in which a case is tried.