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2012 SESSION
12102719DBe it enacted by the General Assembly of Virginia:
1. That § 33.1-23.1 of the Code of Virginia is amended and reenacted as follows:
§ 33.1-23.1. Allocation of funds among highway systems.
A. The Commonwealth Transportation Board shall allocate each
year from all
funds made, other
than those deposited in the Transportation
Trust Fund, available
for highway purposes such amount as it deems reasonable and necessary for the
maintenance of roads within the interstate system of highways, the primary
system of state highways, the secondary system of state highways and for city
and town street maintenance payments made pursuant to § 33.1-41.1 and payments
made to counties which have withdrawn or elect to withdraw from the secondary
system of state highways pursuant to § 33.1-23.5:1. No
funds deposited in the Transportation Trust Fund shall be allocated for any existing
highway.
B. After funds are set aside for administrative and general
expenses and pursuant to other provisions in this title which provide for the disposition
of funds prior to allocation for highway purposes, and after allocation is made
pursuant to subsection A of this section,
the Commonwealth Transportation Board may allocate each year up to 10% percent of the funds remaining for highway purposes for the
undertaking and financing of rail projects that, in the Board's determination,
will result in mitigation of highway congestion. After the forgoing allocations
have been made, the Board shall allocate the remaining funds available for
highway purposes, exclusive of federal funds for the interstate system, among
the several highway systems for construction first pursuant to §§ 33.1-23.1:1
and 33.1-23.1:2 and then as follows:
1. Forty percent of the remaining funds exclusive of federal-aid matching funds for the interstate system shall be allocated to the primary system of state highways, including the arterial network, and in addition, an amount shall be allocated to the primary system as interstate matching funds as provided in subsection B of § 33.1-23.2.
2. Thirty percent of the remaining funds exclusive of federal-aid matching funds for the interstate system shall be allocated to urban highways for state aid pursuant to § 33.1-44.
3. Thirty percent of the remaining funds exclusive of federal-aid matching funds for the interstate system shall be allocated to the secondary system of state highways.
C. In addition, the Commonwealth Transportation Board, from funds appropriated for such purpose in the general appropriation act, shall allocate additional funds to the Cities of Newport News, Norfolk, and Portsmouth and the County of Warren in such manner and apportion such funds among such localities as the Board may determine, unless otherwise provided in the general appropriation act. The localities shall use such funds to address highway maintenance and repair needs created by or associated with port operations in those localities.
D. Notwithstanding the foregoing provisions of this section, the General Assembly may, through the general appropriations act, permit the Governor to increase the amounts to be allocated to highway maintenance, highway construction, either or both.