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2006 SPECIAL SESSION I
061870366Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 33.1 a chapter numbered 10.2, consisting of sections numbered 33.1-391.6 through 33.1-391.18, and by adding sections numbered 46.2-755.1, 46.2-755.2, 58.1-816.2, 58.1-2402.1, and 58.1-3825.1 as follows:
§ 33.1-391.6. Short Title.
This chapter shall be known and may be cited as the Hampton Roads Transportation Authority Act.
§ 33.1-391.7. Authority created.
The Hampton Roads Transportation Authority, hereinafter in this chapter known as "the Authority" is hereby created as a body politic and as a political subdivision of the Commonwealth.
§ 33.1-391.8. Powers of the Authority.
Notwithstanding any contrary provision of this title and in accordance with all applicable federal statutes and requirements, the Authority shall control and operate and may impose and collect tolls in amounts established by the Authority for the use of any new or improved highway, bridge, tunnel, or transportation facility (including new construction relating to, or improvements to, the bridges, tunnels, roadways, and related facilities known collectively as the Chesapeake Bay Bridge-Tunnel as described in § 33.1-391.12, pursuant to the conditions set forth in such section) constructed by the Authority or with funds provided in whole or in part by the Authority. The amount of any such toll may be varied from facility to facility, by lane, by congestion levels, by day of the week, time of day, type of vehicle, number of axles, or any similar combination thereof, and a reduced rate may be established for commuters as defined by the Authority. For purposes of this section, the Midtown and Downtown tunnels located within the Cities of Norfolk and Portsmouth shall be considered a single transportation facility and both facilities may be tolled if improvements are made to either tunnel. Any tolls imposed by the Authority shall be collected by an electronic toll system that, to the extent possible, shall not impede traffic flow. For all roads tolled by the Authority, there shall be signs erected prior to the point of toll collection that clearly state how the majority of the toll revenue for the particular road is being spent by the Authority.
§ 33.1-391.9. Composition of Authority; chairman and vice-chairman; quorum.
The Authority shall consist of the following members: (i) one member of the local governing body of each of the following localities, provided that the locality imposes all of the local transportation fees authorized by §§ 46.2-755.1, 46.2-755.2, 58.1-2402.1, and 58.1-3825.1: the Counties of Isle of Wight, James City, and York and the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; (ii) a member of the Commonwealth Transportation Board who resides in a county or city embraced by the Authority appointed by the Governor who shall serve ex officio without a vote; (iii) the Director of the Virginia Department of Rail and Public Transportation, or his designee, who shall serve ex officio without a vote; (iv) the Commonwealth Transportation Commissioner, or his designee, who shall serve ex officio without a vote; (v) three members of the Virginia House of Delegates who reside in a city or county that is imposing the local transportation fees authorized by §§ 46.2-755.1, 46.2-755.2, 58.1-2402.1, and 58.1-3825.1, no two of whom shall reside in the same city or county, appointed by the Speaker of the House of Delegates; and (vi) two members of the Senate of Virginia who reside in a city or county that is imposing the local transportation fees authorized by §§ 46.2-755.1, 46.2-755.2, 58.1-2402.1, and 58.1-3825.1, neither of whom shall reside in the same city or county, appointed by the Senate Committee on Rules. Each representative of a local governing body shall be appointed by a majority vote of the respective local governing body and shall be a member of the local governing body by which he is appointed. In the event that a member of the Authority who is appointed by a local governing body ceases to be a member of that local governing body, he may no longer serve as a member of the Authority. Members of the Authority appointed by local governing bodies shall serve for terms of four years and may be reappointed for one additional term of four years. Any member of the Authority appointed by a local governing body who is initially appointed to serve a term of less than three years may thereafter be appointed for two successive four-year terms. For the purpose of initial appointments and in order to provide for staggered terms, those members appointed by the City Council of the City of Hampton, the City Council of the City of Newport News, and the Board of Supervisors of James City County shall be appointed for terms of two years; those members who are appointed by the City Council of the City of Norfolk, the City Council of the City of Chesapeake, and the City Council of the City of Portsmouth shall be appointed for terms of three years; and the remaining representatives of local governing bodies shall be appointed for terms of four years. Legislative members shall serve terms coincident with their terms of office. Vacancies shall be filled by appointment for the unexpired term by the same process as used to make the original appointment.
Notwithstanding any other provision of this section, if fewer than six jurisdictions named in this section elect to join the Authority, the General Assembly representation on the Authority shall be reduced to two members of the Virginia House of Delegates who reside in a city or county that is imposing the local transportation fees authorized by §§ 46.2-755.1, 46.2-755.2, 58.1-2402.1, and 58.1-3825.1, neither of whom shall reside in the same city or county, appointed by the Speaker of the House of Delegates; and one member of the Senate of Virginia who resides in a city or county that is imposing the local transportation fees authorized by §§ 46.2-755.1, 46.2-755.2, 58.1-2402.1, and 58.1-3825.1, appointed by the Senate Committee on Rules.
The Authority shall annually elect a chairman and vice-chairman from among its membership, each of whom shall continue to hold such office until their respective successors are elected.
A majority of the members of the Authority shall constitute a quorum for the transaction of business.
Members of the Authority shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties and, in addition, shall be paid a per diem equal to the amount paid members of the Commonwealth Transportation Board for each day or portion thereof during which they are engaged in the official business of the Authority.
The Auditor of Public Accounts, or his legally authorized representatives, shall annually audit the financial accounts of the Authority, and the cost of such audit shall be borne by the Authority.
§ 33.1-391.10. Additional powers of the Authority.
The Authority shall have the following powers together with all powers incidental thereto or necessary for the performance of those hereinafter stated:
1. To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;
2. To adopt and use a corporate seal and to alter the same at its pleasure;
3. To procure insurance, participate in insurance plans, and provide self-insurance; however, the purchase of insurance, participation in an insurance plan, or the creation of a self-insurance plan by the Authority shall not be deemed a waiver or relinquishment of any sovereign immunity to which the Authority or its officers, directors, employees, or agents are otherwise entitled;
4. To establish bylaws and make all rules and regulations, not inconsistent with the provisions of this chapter, deemed expedient for the management of the Authority's affairs;
5. To apply for and accept money, materials, contributions, grants, or other financial assistance from the United States and agencies or instrumentalities thereof, the Commonwealth, and any political subdivision, agency, or instrumentality of the Commonwealth, and from any legitimate private source;
6. To acquire real and personal property or any interest therein by purchase, lease, gift, or otherwise (and to the extent not inconsistent with the provisions of § 33.1-422) for purposes consistent with this chapter; and to hold, encumber, sell, or otherwise dispose of such land or interest for purposes consistent with this chapter;
7. To acquire by purchase, lease, contract, or otherwise (and to the extent not inconsistent with the provisions of § 33.1-422), highways, bridges, tunnels, railroads, rolling stock, and transit and rail facilities and other transportation-related facilities; and to construct the same by purchase, lease, contract, or otherwise in the manner and to the extent not inconsistent with the provisions of the first paragraph of § 33.1-422;
8. In coordination with the Commonwealth Transportation Board and with each city or county in which the facility or any part thereof is or is to be located, to repair, expand, enlarge, construct, reconstruct, or renovate any or all of the transportation facilities referred to in § 33.1-391.8, and to acquire any real or personal property needed for any such purpose;
9. To enter into agreements or leases with public or private entities for the operation and maintenance of bridges, tunnels, transit and rail facilities, and highways;
10. To make and execute contracts, deeds, mortgages, leases, and all other instruments and agreements necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter;
11. To the extent funds are made or become available to the Authority to do so, to employ employees, agents, advisors, and consultants, including without limitation, attorneys, financial advisers, engineers, and other technical advisers and, the provisions of any other law to the contrary notwithstanding, to determine their duties and compensation; and
12. To the extent not inconsistent with the other provisions of this chapter, and without limiting or restricting the powers otherwise given the Authority, to exercise all of the powers given to transportation district commissions by §§ 15.2-4518 and 15.2-4519. The Authority shall only undertake those transportation projects that are currently included in the federally mandated 2030 Regional Transportation Plan approved by the Metropolitan Planning Organization, or any successive plan, and that are located in, or which provide a benefit to, the counties and cities that are members of the Authority, subject to the limitations related to those projects contained in this section.
The Authority shall phase construction of the transportation projects that are currently included in the federally mandated 2030 Regional Transportation Plan. Except as specifically provided herein, projects listed in the second phase shall not be undertaken until the Authority has determined that there is a viable plan of construction for the projects listed in the first phase that meet the requirements of this section.
First Phase Projects:
Route 460 Upgrade; 1-64 Widening on the Peninsula; 1-64 Widening on the Southside; Midtown Tunnel/MLK Extension; Southeastern Parkway/Dominion Blvd; I-664 Widening in Newport News; 1-664 Widening on the Southside; 1-664 Monitor Merrimac Bridge Tunnel Widening.
Second Phase Projects:
1-64 to the Intermodal Connector; I-564 Connector to the Monitor Merrimac Bridge Tunnel; Craney Island Connector.
It is the intent of the General Assembly that the Authority shall encourage private sector participation in the aforementioned projects. Any cost savings realized under the PPTA relating to the construction of first phase projects may be applied to advancing the future construction of second phase projects. Further, nothing herein shall prohibit the Authority from receiving and acting on PPTA proposals on projects in either phase.
§ 33.1-391.11. Authority a responsible public entity under Public-Private Transportation Act of 1995.
The Authority is a responsible public entity as defined in the Public-Private Transportation Act of 1995 (§ 56-556 et seq.).
§ 33.1-391.12. Addition of the Chesapeake Bay Bridge-Tunnel to facilities controlled by Authority; expansion of Authority membership; applicability of local transportation fees to Accomack and Northampton Counties.
The bridges, tunnels, roadways, and related facilities known collectively as the Chesapeake Bay Bridge-Tunnel, which provide a vehicular connection across the mouth of the Chesapeake Bay between the City of Virginia Beach and Northampton County, shall become subject to the control of the Authority subject to the provisions of § 33.1-391.8, at such time as all of the bonds and other evidences of debt now or hereafter issued by or on behalf of the Chesapeake Bay Bridge and Tunnel Commission shall have been satisfied or paid in full. Until such bonds and other evidences of debt have been satisfied or paid in full, control of and responsibility for the operation and maintenance of the Chesapeake Bay Bridge-Tunnel facilities shall remain with the Chesapeake Bay Bridge and Tunnel Commission.
In discharging its responsibilities for the operation and maintenance of the Chesapeake Bay Bridge-Tunnel facilities, the Authority shall have, in addition to the powers it is given by this chapter, all of the powers and authority given to the Chesapeake Bay Bridge and Tunnel Commission by Chapter 693 of the Acts of Assembly of 1954 and by Chapter 714 of the Acts of the Assembly of 1956, as amended and incorporated by reference as § 33.1-253.
At such time as the Chesapeake Bay Bridge-Tunnel facilities become subject to the control of the Authority as contemplated by this section, the Authority shall be enlarged by two members, one of whom shall be a member of the governing body of the County of Accomack, provided that the County imposes the local transportation fees authorized by §§ 46.2-755.1, 46.2-755.2, 58.1-2402.1, and 58.1-3825.1, and one of whom shall be a member of the governing body of the County of Northampton, provided that the County imposes the local transportation fees authorized by §§ 46.2-755.1, 46.2-755.2, 58.1-2402.1, and 58.1-3825.1. The representative of the local governing body of the County of Accomack and the County of Northampton shall be appointed by a majority vote of the respective local governing body and shall be a member of the local governing body by which he is appointed. In the event that a member of the Authority who is appointed by the governing body of the County of Accomack or the County of Northampton ceases to be a member of that local governing body, he may no longer serve as a member of the Authority. Members of the Authority appointed by the County of Accomack or the County of Northampton shall serve for terms of four years and may be appointed for one additional term of four years.
§ 33.1-391.13. Issuance of bonds by the Chesapeake Bay Bridge and Tunnel Commission.
On a prospective basis, prior to issuing any bond with a maturity date that extends beyond the maturity date of any bond that it refinances, the Chesapeake Bay Bridge and Tunnel Commission shall provide written notice of the contemplated issuance to the Chairmen of the Senate Committee on Finance and the House Committee on Appropriations at such time as when the General Assembly is in regular session. This provision shall not apply to any bond issued to provide for the payment of any temporary or interim financing.
On a prospective basis, prior to issuing any bonds for the purposes of financing the construction of new or additional tunnels, the Chesapeake Bay Bridge and Tunnel Commission shall provide written notice of the contemplated issuance to the Chairmen of the Senate Committee on Finance and the House Committee on Appropriations at such time as when the General Assembly is in regular session.
§ 33.1-391.14. Continuing responsibilities of the Commonwealth Transportation Board and the Virginia Department of Transportation.
Except as otherwise explicitly provided in this chapter, until such time as the Authority and the Virginia Department of Transportation, or the Authority and the Commonwealth Transportation Board, agree otherwise in writing, the Commonwealth Transportation Board shall allocate funding to and the Department of Transportation shall perform or cause to be performed all maintenance and operation of the bridges, tunnels, and roadways referred to in § 33.1-391.8, and shall perform such other required services and activities with respect to such bridges, tunnels, and roadways as were being performed on January 1, 2006.
§ 33.1-391.15. Hampton Roads Planning District Commission to provide administrative services and office facilities.
The staff of the Hampton Roads Planning District Commission and the Virginia Department of Transportation shall work cooperatively to assist the proper formation and effective organization of the Authority. Until such time as the Authority is fully established and functioning, the staff of the Hampton Roads Planning District Commission shall serve as its staff, and the Hampton Roads Planning District Commission shall provide the Authority with office space and administrative support. The Authority shall reimburse the Hampton Roads Planning District Commission for the cost of such staff, office space, and administrative support as appropriate.
§ 33.1-391.16. Use of revenues by the Authority.
Notwithstanding any other provision of this chapter, all moneys received by the Authority shall be used by the Authority solely for the benefit of those counties and cities imposing the local transportation fees authorized by §§ 46.2-755.1, 46.2-755.2, 58.1-2402.1, and 58.1-3825.1, and such moneys shall be used by the Authority in a manner that is consistent with the purposes stated in this chapter.
§ 33.1-391.17. Local Transportation Fees.
A. In addition to any other taxes, fees, or other charges imposed under law, each of the governing bodies of the Counties of Isle of Wight, James City, and York and the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, and Williamsburg may by ordinance levy the fees authorized by §§ 46.2-755.1, 46.2-755.2, 58.1-2402.1, and 58.1-3825.1, provided that (i) the governing body of the county or city adopts all of the fees authorized by §§ 46.2-755.1, 46.2-755.2, 58.1-2402.1, and 58.1-3825.1, and (ii) the governing body of the county or city appropriates the revenue collected from the additional fees to the Hampton Roads Transportation Authority established under § 33.1-391.7.
At such time as the Chesapeake Bay Bridge-Tunnel becomes subject to the control of the Hampton Roads Transportation Authority as provided in § 33.1-391.12, each of the governing bodies of the Counties of Accomack and Northampton may also by ordinance levy the local transportation fees authorized by §§ 46.2-755.1, 46.2-755.2, 58.1-2402.1, and 58.1-3825.1, provided that the governing body of the county appropriates the revenue generated by such fees to the Hampton Roads Transportation Authority.
The Authority shall use all funds collected hereunder solely for the purposes provided in § 33.1-391.16.
B. No locality imposing the local transportation fees pursuant to §§ 46.2-755.1, 46.2-755.2, 58.1-2402.1, and 58.1-3825.1 shall cease to impose such fees so long as the Hampton Roads Transportation Authority (i) is currently engaged in a transportation project within the boundaries of the locality or that benefits the locality, (ii) has entered into a binding commitment to begin a transportation project within the boundaries of the locality, or that benefits the locality, or (iii) has issued bonds or incurred other evidence of debt that has not been satisfied or paid in full and that relates to a transportation project undertaken by the Authority within the boundaries of the locality, or that benefits the locality.
§ 33.1-391.18. Partial recapture of tax revenue generated by businesses related to the Port of Virginia and private marine terminals in the Commonwealth.
As a partial recapture of income tax revenue and sales and use tax revenue generated by maritime related businesses located in the Counties of Isle of Wight, James City, and York and the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, and Williamsburg, beginning January 1, 2007, an annual amount of $25 million per year of income and sales tax revenue shall be remitted by the Comptroller to the Hampton Roads Transportation Authority established under § 33.1-391.7.
§ 46.2-755.1. Additional annual license fees in certain localities.
In addition to taxes and license fees imposed pursuant to § 46.2-752 and to all other taxes and fees permitted by law, and subject to the limitations contained in § 33.1-391.17, beginning January 1, 2007, the governing bodies of the Counties of Isle of Wight, James City, and York and the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, and Williamsburg are authorized to charge additional annual license fees as follows: $30 for passenger cars and pickup trucks; $40 for panel trucks; $20 for trailers; $15 for motorcycles; $25 per axle for trucks; and $12 for all other vehicles for which the locality is authorized to collect an annual license fee.
Any and all fees imposed pursuant to this section shall be collected by the Department of Motor Vehicles at the time the vehicle is registered with the Department or when its registration is renewed. Each fee shall be denominated by the Department as the "Hampton Roads Improvement Fee." All such fees shall be remitted by the Comptroller on a monthly basis to the Hampton Roads Transportation Authority to be used for the purposes set forth in § 33.1-391.16 The Commissioner shall maintain records of the fee imposed and collected and the locality and address where each vehicle is registered.
§ 46.2-755.2. Additional initial license fees in certain localities.
In addition to taxes and license fees imposed pursuant to § 46.2-752 and to all other taxes and fees permitted by law, and subject to the limitations contained in § 33.1-391.17, beginning January 1, 2007, the governing bodies of the Counties of Isle of Wight, James City, and York and the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, and Williamsburg are authorized to charge an additional initial, one-time license fee on all vehicles for which the locality is authorized to collect an annual license fee, at the rate of 0.75% of the retail value of the vehicle according to the National Automobile Dealers Association at the time the vehicle is first registered in the locality by the owner of the vehicle. License fees authorized by this section shall be imposed only once, so long as the ownership of the vehicle upon which they are imposed remains unchanged. The locality shall exempt from such fee any vehicle for which a fee under this section previously has been paid.
All such additional license fees shall be paid to and collected by the Department of Motor Vehicles, and shall not be collectable or collected by any licensed dealer at the time of the sale of any vehicle.
Any and all fees collected by the Department of Motor Vehicles under this section shall be designated by the Department as the "Hampton Roads Transportation Initial Registration Fee" and shall be remitted by the Comptroller on a monthly basis to the Hampton Roads Transportation Authority to be used for the purposes as set forth in § 33.1-391.16. The Commissioner shall maintain records of the fee imposed and collected and the locality and address of where each vehicle is registered.
§ 58.1-816.2. Distribution of recordation tax to certain cities and counties.
Beginning January 1, 2007, an amount equivalent to 20 cents on every $100 or fraction thereof of the consideration or the actual value of the property conveyed, whichever is greater, for each deed or other instrument for which a tax is imposed pursuant to §§ 58.1-801 through 58.1-809 which is attributable to deeds and other instruments recorded in the Counties of Isle of Wight, James City, and York and the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, and Williamsburg shall be remitted monthly by the Comptroller to the Hampton Roads Transportation Authority established under § 33.1-391.7.
§ 58.1-2402.1. Local rental car transportation impact fee.
A. Beginning January 1, 2007, in addition to all other taxes, fees, and other charges imposed under law, and subject to the limitations contained in § 33.1-391.17, the governing bodies of the Counties of Isle of Wight, James City, and York and the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, and Williamsburg may, by ordinance, impose a fee of 2% of the gross proceeds on the rental in the locality of any daily rental vehicle regardless of whether such vehicle is required to be licensed in the Commonwealth, provided that the governing body of the locality appropriates the revenues collected from such fee to the Hampton Roads Transportation Authority established under § 33.1-391.7. The fee shall not be levied upon a rental to a person for re-rental as an established business or part of an established business, or incidental or germane to such business.
B. The fee imposed pursuant to the authority granted under this section shall be implemented, enforced, and collected in the same manner that rental taxes under this chapter are implemented, enforced, and collected.
C. Any and all fees imposed pursuant to this section shall be collected by the Department of Motor Vehicles and shall be remitted by the Comptroller on a monthly basis to the Hampton Roads Transportation Authority to be used for the purposes as set forth in § 33.1-391.16. The Commissioner shall maintain records of the fee imposed and collected and the locality and address of each vehicle registered.
§ 58.1-3825.1. Hotel/motel transportation impact fee.
Beginning January 1, 2007, in addition to such transient occupancy taxes as are authorized by this chapter, and subject to the limitations contained in § 33.1-391.17, the governing bodies of the Counties of Isle of Wight, James City, and York and the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, and Williamsburg may impose an additional transient occupancy fee at the rate of 5% of the amount of charge for the occupancy of any room or space occupied, provided that the governing body of the locality appropriates the revenues collected from such fee to the Hampton Roads Transportation Authority established under § 33.1-391.7.
The fee imposed pursuant to the authority granted under this section shall be administered, enforced, and collected in the same manner as transient occupancy taxes, and as set forth in Subtitle III of Title 58.1 for the administration, enforcement, and collection of local taxes. Such revenue collected shall be remitted by the locality on a monthly basis to the Hampton Roads Transportation Authority for the purposes as set forth in § 33.1-391.16.
2. That the local transportation fees authorized under this act shall be levied and imposed by the applicable local governing body adopting an ordinance, on or before January 1, 2007, to be effective January 1, 2007, that also indicates the local governing body is joining the Hampton Roads Transportation Authority and designates the member of the local governing body that shall serve on the Authority.
3. That the provisions of this act shall become effective January 1, 2007, and then only if the requirements of the second enactment clause of this act are met by the governing bodies of at least four of the following localities: the Counties of Isle of Wight, James City, and York, and the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, and Williamsburg.
4. That each governing body of a county or city adopting by ordinance the fees authorized under §§ 46.2-755.1, 46.2-755.2, 58.1-2402.1, and 58.1-3825.1 of the Code of Virginia shall provide a copy of the ordinance to the Clerk of the House of Delegates and the Clerk of the Senate as soon as practicable.
5. That, if the Hampton Roads Transportation Authority becomes effective January 1, 2007, pursuant to the third enactment of this act, the Authority shall also develop as part of a long-range transportation plan performance measures for Hampton Roads relating to, but not limited to, transportation congestion reduction, transit and high-occupancy vehicle (HOV) usage, job/housing ratios, job and housing access to transit and pedestrian facilities, air quality, and per-capita vehicle miles traveled.
6. That each county or city that imposes the fees pursuant to §§ 46.2-755.1, 46.2-755.2, 58.1-2402.1, and 58.1-3825.1 of the Code of Virginia pursuant to the provisions of this act shall for each fiscal year in which it imposes such tax expend or disburse for transportation purposes an amount (computed without regard to any revenues generated in the fiscal year from such taxes) that is at least equal to the total amount expended or disbursed for transportation purposes by the county or city in its fiscal year that began in calendar year 2005.