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Developed and maintained by the Division of Legislative Automated Systems.
2008 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 33.1-23.05 of the Code of Virginia is amended and reenacted as follows:
§ 33.1-23.05. Revenue-sharing funds for systems in certain counties, cities, and towns.
A. From annual allocations of state funds for the
maintenance, revenues made available by the General Assembly after
January 1, 2008, and appropriated for the improvement, construction, or
reconstruction of the systems of state highways, the Commonwealth
Transportation Board shall make an equivalent matching allocation to any
county, city, or town for designations by the governing body of up to $1
million in county, city, or town general funds for use by the county, city, or
town to improve, construct, maintain, or improve
reconstruct the highway systems within such county, city, or town. After
adopting a resolution supporting the action, the governing body may request
revenue-sharing funds to improve, construct, maintain, or
improve reconstruct a highway system located in another locality,
between two or more localities, or to bring subdivision streets, used as
such prior to July 1, 1992, up to standards sufficient to qualify them for
inclusion in the state primary and secondary system of highways. All
requests for funding shall be accompanied by a prioritized listing of specified
projects.
B. The allocation of funds to localities shall be only for the
purposes set forth in subsection A and shall be (i) first when such
governing body commits more than $1 million in general funds for such purpose;
(ii) second when such project is administered by the city, county, or town;.
In allocating funds under this section, the Board shall give priority (i) first
when such project is administered by the county, city, or town, either directly
or by contract with another entity, (ii) second, when such county, city, or
town commits more local funding than the amount of revenue-sharing funding
requested, and (iii) third when the allocation will accelerate an existing
project in the Six-Year Improvement Program or the locality's capital plans;
and (iv) from any. Any funds remaining, may be applied to
any other request project that has a requires an
equivalent matching allocation from the governing body.
C. The Department will contract with the county, city, or town
for the implementation of the project or projects. Such contract may cover
either a single project or may provide for the locality's implementation of
several projects during the fiscal year. The county, city, or town will
undertake implementation of the particular project or projects by obtaining the
necessary permits from the Department of Transportation in order to ensure that
the improvement is consistent with the Department's standards for such
improvements. At the request of the locality, the Department may provide the
locality with engineering, right-of-way acquisition, and/or construction
services for a project with its own forces. The locality shall provide payment
to the Department for any such services. If administered by the Department,
such contract shall also require that the governing body pay to the Department
within 30 days the local revenue-sharing funds from its general fund upon
written notice by the Department of its intent to proceed. Any project
having funds allocated under this program shall be initiated in such a fashion
where at least a portion of such funds have been expended within two subsequent
fiscal years of allocation. Any revenue-sharing funds for projects not
initiated after two subsequent fiscal years of allocation may be reallocated at
the discretion of the Commonwealth Transportation Board.
D. Up to one-half of any local government's contributions
under this section may take the form of proffers accepted by the locality and
deposited into their general fund.
E. Total Commonwealth funds allocated by the Board
under this section shall not exceed $50 million in any one fiscal year and
no less than $15 million each fiscal year, subject to appropriation for such
purpose.
F E. No more than three months prior to the end
of any fiscal year in which less than $50 million the full program
allocation has been allocated by the Board to specific governing bodies,
those localities requesting more than $1 million the maximum
allocation under subsection A may be allowed an additional allocation.
The additional allocation shall be at the discretion of the Commonwealth
Transportation Board among the localities receiving the maximum allocation under
subsection A.
2. That clause (i) of subsection B of § 33.1-23.05 of the Code of Virginia shall become effective on July 1, 2009.