SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2004 SESSION

046498724
SENATE BILL NO. 373
Offered January 14, 2004
Prefiled January 14, 2004
A BILL to amend and reenact § 33.1-221 of the Code of Virginia, relating to use of industrial access road funds in connection with construction of a certain road in Nelson County.
----------
Patron-- Deeds
----------
Referred to Committee on Transportation
----------

Be it enacted by the General Assembly of Virginia:

1. That § 33.1-221 of the Code of Virginia is amended and reenacted as follows:

§ 33.1-221. Funds for access roads to industrial sites and airports; construction, maintenance, etc., of such roads.

A. Notwithstanding any other provision of law, there shall be appropriated to the Commonwealth Transportation Board funds derived from taxes on motor fuels, fees and charges on motor vehicle registrations, road taxes or any other state revenue allocated for highway purposes, which shall be used by the Board for the purposes hereinafter specified, after deducting the costs of administration before any of such funds are distributed and allocated for any road or street purposes.

Such funds shall be expended by the Board for constructing, reconstructing, maintaining or improving access roads within counties, cities and towns to industrial sites on which manufacturing, processing or other establishments will be built under firm contract or are already constructed and to licensed, public-use airports; in the event there is no such establishment or airport already constructed or for which the construction is under firm contract, a county, city, or town may guarantee to the Board by bond or other acceptable device that such will occur and, should no establishment or airport acceptable to the Board be constructed or under firm contract within the time limits of the bond, such bond shall be forfeited. Towns which receive highway maintenance payments under § 33.1-41.1 shall be considered separately from the counties in which they are located when receiving allocations of funds for access roads.

Capital investment made by the Central Virginia Electric Cooperative in its facilities and property located in the Colleen Industrial Park shall be deemed sufficient to allow the use of state funds under this section for construction of Cooperative Way to serve the Colleen Industrial Park in Nelson County.

B. In deciding whether or not to construct or improve any such access road, and in determining the nature of the road to be constructed, the Board shall base its considerations on the cost thereof in relation to the volume and nature of the traffic to be generated as a result of developing the airport or the industrial establishment within the total industrial area. In any industrial park or airport, the total volume of traffic to be generated shall be taken into consideration in regard to the overall cost thereof. No such access road shall be constructed or improved on a privately owned plant site.

C. Any access road constructed or improved under this section shall constitute a part of the secondary system of state highways or the road system of the locality in which it is located and shall thereafter be constructed, reconstructed, maintained and improved as other roads in such system.