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1994 SESSION
LD0602661Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 33.1-23.03:01 as follows:
§ 33.1-23.03:01. Distribution of certain federal funds.
[ A. ] Notwithstanding other provisions of this chapter, the
Commonwealth Transportation Board is authorized to enter into project
agreements with the government of the United States to secure the maximum
level of federal funding for transportation programs in the Commonwealth,
including agreements that provide for the allocation of funds (i) necessary
to comply with federal law but (ii) in a manner different from formulas
provided by Virginia law in the following areas:
1. Funds apportioned under federal law to the National Highway System shall be treated, for the purposes of Virginia allocation formulas, as interstate highway system construction funds as provided in § 33.1-23.1.
2. Funds apportioned under federal law for congestion mitigation and air quality improvement shall be allocated to designated transportation projects in air quality nonattainment areas of the Commonwealth in addition to funds allocated to such areas pursuant to § 33.1-23.1.
3. Funds apportioned under federal law for the Surface Transportation Program shall be distributed and administered in accordance with federal requirements as follows:
a. Ten percent shall be set aside for a statewide safety program, with grants made on a competitive basis;
b. Ten percent shall be set aside for a statewide enhancement program, with grants made on a competitive basis;
c. Fifty percent shall be allocated on the basis of population as prescribed by federal law; and
d. Thirty percent shall be allocated pursuant to § 33.1-23.1.
4. Federal requirements shall be followed regarding the portion of Equity Funds that are apportioned to the Commonwealth and are to be apportioned on the basis of population, including minimum allocations, hold-harmless allocations, reimbursements, payment guarantees, and donor state bonuses.
5. The balance of Equity Funds apportioned to the Commonwealth shall be allocated to eligible projects at the discretion of the Commonwealth Transportation Board.
6. Funds allocated pursuant to subdivisions 2 and 3 of subsection B of § 33.1-23.1 may be used on any project eligible under Title 23 United States Code Section 133, upon request of the local governing body and approval of the Commonwealth Transportation Board.
7. Federal funds provided to the National Highway System, Surface Transportation Program, and Congestion Mitigation and Air Quality categories as well as the required state matching funds may be allocated by the Commonwealth Transportation Board for transit purposes under the same rules and conditions authorized by federal law.
8. Metropolitan Planning Organizations (MPOs) as defined under Title 23 U.S.C. 134 and Section 8 of the Federal Transit Act shall be authorized to develop and approve transportation plans and improvement programs to the full extent permitted by federal law. Further, MPOs are authorized to receive and expend federal, state, local, and other revenues without restriction or limitation other than as provided under the Code of Federal Regulations and the Virginia Procurement Act.
[ B. Out of federal funds obligated from the Surface Transportation
Efficiency Act of 1991, one million dollars shall be allocated each year from
Congestion Mitigation and Air Quality Improvement Program funding dedicated
to the Richmond Metropolitan Planning District to be used for an initial
planning/design study, capital improvements, and related service
implementation costs for a multimodal commuter transportation center to
include transit bus, intercity bus, car/van pool, taxis, and Amtrak service
in the Central Virginia air quality nonattainment area, subject to (i)
Amtrak's agreement to service the center, (ii) compliance with federal
regulations, and (iii) an agreement with the Virginia Department of
Transportation on the sharing of the local match.
C. The Commonwealth Transportation Board shall begin a program
entitled the Transportation Efficiency Improvement Fund. The purpose of this
Fund will be to encourage traffic demand management efforts in air quality
nonattainment areas in the Commonwealth through innovative local approaches
to reducing traffic congestion and single occupant vehicle use. Funds shall
be apportioned from the Intermodal Surface Transportation Efficiency Act
Congestion Management and Air Quality account, as determined by the
Commonwealth Transportation Board, to designated transportation projects in
air quality nonattainment areas in addition to funds allocated to these areas
under other provisions of this chapter. Total state funding for the
Transportation Efficiency Improvement Fund shall not exceed one million
dollars per year. Eligible applicants for grants shall include local
governing bodies, transportation district commissions, planning district
commissions, metropolitan planning organizations, public service
corporations, and transportation management associations whose grant
applications are approved by an eligible public recipient. Each project must
be endorsed by resolution of the transportation district commission, if one
exists for the area, and the metropolitan planning organization. At least
fifty percent of all grants-in-aid shall be distributed to eligible public
recipients with a local match requirement left to the discretion of the
Commonwealth Transportation Board. ]