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Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 33.1-221.1:1.1 and 58.1-2425 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 33.1-391.3:1 as follows:
§ 33.1-221.1:1.1. Rail Enhancement Fund.
A. The General Assembly declares it to be in the public
interest that railway preservation and development of railway transportation
facilities are an important element of a balanced transportation system of the
Commonwealth for freight and passengers and further declares it to be in the
public interest that the retention, maintenance, improvement and development of
the railways are essential to the Commonwealth's continued economic growth,
vitality, and competitiveness in national and world markets, and there is
hereby created in the state treasury a special nonreverting fund to be known as
the Railway Preservation and Development Rail Enhancement Fund which
shall be considered a special fund within the Transportation Trust Fund,
hereafter referred to as "the Fund."
B. The Fund shall be established on the books of the
Comptroller, and shall consist of dedications pursuant to § 58.1-2425 and
such funds from such other sources as shall may be
set forth in the appropriation act and shall be paid into the state treasury
and credited to the Fund. Interest earned on moneys in the Fund shall remain in
the Fund and be credited to it. Any moneys remaining in the Fund, including
interest thereon, at the end of each fiscal year shall not revert to the
general fund but shall remain in the Fund. Moneys in the Fund shall be used
solely as provided in this section. Expenditures and disbursements from the
Fund shall be made by the State Treasurer on warrants issued by the Comptroller
upon written request signed by the Executive Director of the Virginia
Department of Rail and Public Transportation or the Executive Director's
designee.
C. To fulfill this purpose, there shall be funding set
forth each year in the budget bill and appropriated by the General Assembly in
the Rail Assistance Program of the Department of Rail and Public
Transportation. These funds shall be used by the Department of Rail and Public
Transportation to administer a Rail Preservation and Development Program for
the purposes described in subsection A. Furthermore, the Commonwealth
Transportation Board shall include an annual allocation for such purpose in its
allocation of transportation revenues.
D C. The Executive Director of the
Department of Rail and Public Transportation shall administer and expend or
commit, subject to the approval of the Commonwealth Transportation Board, the
Fund for acquiring, leasing, and/or improving railways or railroad
equipment, rolling stock, rights-of-way or facilities, or assisting other
appropriate entities to acquire, lease, or improve railways or railroad
equipment, rolling stock, rights-of-way or facilities, for freight and/or
passenger rail transportation purposes whenever the Board shall have determined
that such acquisition, lease, and/or improvement is for the common good of a
region of the Commonwealth or the Commonwealth as a whole. The Executive
Prior to recommending an allocation of the Fund to the Commonwealth
Transportation Board, the Director of the Department of Rail and Public
Transportation may shall consult with other agencies or
their designated representatives concerning projects to be undertaken under
this section and obtain the advice and recommendations of the Rail
Advisory Board established pursuant to § 33.1-391.3:1.
E D. Tracks and facilities constructed and
property and equipment purchased under this section shall be the property of
the Commonwealth for the useful life of the project as determined by the
Executive Director of the Department of Rail and Public Transportation and
shall be made available for use by all common carriers using the railway system
to which they connect under trackage rights agreements between the parties Projects
undertaken pursuant to this section shall be limited to those the Commonwealth
Transportation Board shall have determined will result in public benefits to
the Commonwealth or to a region of the Commonwealth that are equal to or
greater than the investment of funds under this section. Such
projects shall include a minimum of 30 percent cash or in-kind matching
contribution from a private source, which may include a railroad, a regional
authority, or a local government source, or a combination of such sources.
§ 33.1-391.3:1. Rail Advisory Board.
There is hereby established the Rail Advisory Board to consist of nine members appointed by the Governor for terms of four years. Vacancies shall be filled for the unexpired term in the same manner as the original appointment. One of such appointees shall be an at-large member of the Commonwealth Transportation Board. The members of the Board shall elect a Chairman. The Board may, by majority vote, choose one of its members to serve as vice chairman. The Board shall, in consultation with the Director, develop recommendations to be presented to the Commonwealth Transportation Board regarding allocations of funds from the Rail Enhancement Fund. The Board shall also advise the Director and the Department on other matters at the request of the Director or the Department. The Board shall meet at the call of the Chairman. A majority of the members shall constitute a quorum for the conduct of all Board business.
The Board shall have the following responsibilities:
1. In consultation with, and with the assistance of the Director, the Board shall develop recommendations to be presented to the Commonwealth Transportation Board regarding all proposed allocations of funds from the Rail Enhancement Fund.
2. The Board shall work cooperatively with the Director of the Department of Rail and Public Transportation and with any affected railroad in identifying, developing, and advocating projects and policies to enhance the quality and utility to the public of rail transportation in the Commonwealth.
3. At the request of the Director, the Board shall consider and advise the Director and the Department on any other matter or matters pertaining to transportation in the Commonwealth.
Members of the Board shall receive no compensation, but shall be reimbursed their actual and necessary expenses incurred in connection with their official duties. Staff support for the Board shall be provided by the Department of Rail and Public Transportation.
§ 58.1-2425. Disposition of revenues.
A. All funds collected hereunder by the Commissioner shall be
forthwith paid into the state treasury. Except as otherwise provided in this
section, these funds shall constitute special funds within the Commonwealth
Transportation Fund. Any balances remaining in these funds at the end of the
year shall be available for use in subsequent years for the purposes set forth
in this chapter, and any interest income on such funds shall accrue to these
funds. The revenue so derived, after refunds have been deducted, is hereby
allocated for the construction, reconstruction and maintenance of highways and
the regulation of traffic thereon and for no other purpose. However, (i) all
funds collected pursuant to the provisions of this chapter from manufactured
homes, as defined in § 46.2-100, shall be distributed to the city, town, or
county wherein such manufactured home is to be situated as a dwelling; (ii) all
funds collected from the additional tax imposed by subdivision A 4 of §
58.1-2402 on the rental of daily rental vehicles shall be distributed quarterly
to the city, town, or county wherein such vehicle was delivered to the rentee;
(iii) effective January 1, 1987, an amount equivalent to the net additional
revenues generated by enactments of the 1986 Special Session of the Virginia
General Assembly which amended §§ 46.2-694, 46.2-697, 58.1-2401, 58.1-2402 and
this section shall be distributed to and paid into the Transportation Trust
Fund, a special fund within the Commonwealth Transportation Fund, and are
hereby appropriated to the Commonwealth Transportation Board for transportation
needs; (iv) except as otherwise provided in clause (iii) of this sentence, all
moneys collected from the tax on the gross proceeds from the rental in Virginia
of any motor vehicle pursuant to subdivision A 3 of § 58.1-2402 at the tax rate
in effect on December 31, 1986, shall be paid by the Commissioner into the state
treasury and shall be set aside in a special fund within the Commonwealth
Transportation Fund to be used to meet the expenses of the Department of Motor
Vehicles paid into the Rail Enhancement Fund established by §
33.1-221.1:1.1; and (v) all additional revenues resulting from the fee
imposed under subdivision A 5 of § 58.1-2402 as enacted by the 2004 Session of
the General Assembly shall be used to pay the debt service on the bonds issued
by the Virginia Public Building Authority for the Statewide Agencies Radio
System (STARS) for the Department of State Police pursuant to the authority
granted by the 2004 Session of the General Assembly.
B. As provided in subsection A of § 58.1-638, of the funds becoming part of the Transportation Trust Fund pursuant to clause (iii) of subsection A of this section, an aggregate of 4.2 percent shall be set aside as the Commonwealth Port Fund; an aggregate of 2.4 percent shall be set aside as the Commonwealth Airport Fund; and an aggregate of 14.5 percent in fiscal year 1998-1999 and 14.7 percent in fiscal year 1999-2000 and thereafter shall be set aside as the Commonwealth Mass Transit Fund.