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2009 SESSION

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093555201
SENATE BILL NO. 1232 Offered January 14, 2009 Prefiled January 13, 2009 A BILL to amend the Code of Virginia by adding a section numbered 33.1-56.2:1, relating to mandatory provisions for high-occupancy toll lane construction contracts. ---------- Patron-- Barker ---------- Referred to Committee on Transportation ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 33.1-56.2:1 as follows:

§ 33.1-56.2:1. HOT lane construction contracts.

A. Any contract for the construction of any additional lanes that include HOT lanes on any portion of Interstate Route 95 between the Interstate Route 95/395/495 interchange and Virginia Route 234 in Prince William County shall specify that vehicles operating on the facility are to maintain the lawfully posted speed limit 90 percent of the time over a consecutive 180-day period during morning and evening weekday peak hour periods.

B. Notwithstanding the foregoing, in the event of an emergency or if the facility is converted for use as an emergency route, or in the event of new or ongoing construction or maintenance on this facility, the minimum average operating speed specified in this section shall not apply.

C. Any contract for construction of HOT lanes as provided in subsections A and B shall specify monetary penalties to be paid by the contractor or operator of the HOT lanes if and when these average vehicle speeds are not met, unless due to circumstances beyond the control of the operator.