AMENDMENT(S) PROPOSED BY THE HOUSE

DEL. TOSCANO

1. Line 1672, substitute, after

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all of lines 1672 through 1684

DEL. DANCE AND DEL. PEACE

1 Line 2200, substitute, after 7. That

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the Virginia Department of Transportation is prohibited from expending any revenues of the Commonwealth on any program or project that implements tolling on Interstate 95 south of the City of Fredericksburg pursuant to the Interstate System Reconstruction and Rehabilitation Pilot Program

DEL. JONES

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8. That the Secretary of Transportation shall conduct a review of the available local transportation funding options to determine which, if any, could serve as a viable method for localities to generate additional transportation funds for local transportation priorities.  In conducting his review, the Secretary shall form a work group comprised of transportation stakeholders and local government officials.  The Secretary shall report to the Chairmen of the House Appropriations Committee and the Senate Committee on Finance no later than November 1, 2013. Such report shall include recommendations for consideration by the 2014 Session of the General Assembly.

DEL. MARSHALL R.

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9. That no state funds shall be used, allocated, or appropriated for the Dulles Rail unless:

a. The Washington Metropolitan Area Transportation Authority (WMATA) enters into an irrevocable agreement to provide at least $300 million to match the Commonwealth's $300 million in funding for the Dulles Rail, through surcharges on all Metrorail fares and fees sufficient to raise $10 million per year over the next 30 years.

b. The Metro Washington Airports Authority (MWAA) provides a satisfactory audited report that evidences completion of the $300 million in Dulles Toll Road capital improvements and compliance with all other conditions in the January 2006 agreement between MWAA and the Commonwealth.

c. Vehicles with three or more people are not charged any tolls or other fees to travel on the Dulles Toll Road.

d. The Washington Metropolitan Area Transportation Authority places an appropriate surcharge on all Metrorail fares and fees with the revenue from such placed in a capital cost replacement fund to help provide funding for the projected $13.3 billion in capital replacement costs to the existing 103-mile Metrorail system needed by 2020.

e. The Washington Metropolitan Area Transportation Authority fares for the Silver Line Dulles Corridor are equal to or greater than the costs of tolls for the same trips on the Dulles Toll Road.

f. The Metro Washington Airports Authority's Dulles Corridor Advisory Committee or any similar Dulles Rail regulatory oversight body enters into an irrevocable agreement to permit public participation at all meetings, and the membership of such Committee or body includes at least eight representatives of community groups and businesses in the Dulles Corridor and one business member from each of the following communities: Tysons Corner, Reston, Herndon, and Loudoun County.

g. The Metro Washington Airports Authority enters into an irrevocable written agreement that no Dulles Toll Road funds will be used for improvements to Route 606 in Loudoun County, Dulles Airport Access Road and its access ramps, or any improvements to other airport facilities.

h. The Metro Washington Airports Authority enters into an irrevocable agreement that, beginning January 1, 2014, for a minimum period of 30 years or such time as tolls are no longer collected on the Dulles Toll Road, whichever comes first, MWAA will provide at least $15 million per year in revenues from airport operations at both Reagan National and Dulles International Airports for Dulles Rail capital costs.

DEL. WATTS [Withdrawn]

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46.2-702.1:1

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15.2-4217.2, 46.2-702.1:1, 58.1-604.01

DEL. WATTS [Withdrawn]

2. Line 16, substitute, after 58.1-638.3;

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and by adding in Title 58.1 a chapter numbered 8.1, consisting of a section numbered 58.1-818;

DEL. WATTS [Withdrawn]

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§ 15.2-4217.2. Transportation Fund for planning district commissions authorized.

A. A planning district commission may create a transportation fund to be used to fund transportation projects located within the boundaries of the planning district, with such projects to be chosen based upon the criteria set forth in this section. The fund shall be created in the state treasury and shall be a special nonreverting fund to be known as the "Transportation Fund of the [fill in the name] Planning District Commission" (the Fund). Such Fund shall be established on the books of the Comptroller. All revenues authorized by the General Assembly shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of transportation projects that improve mobility and safety within the boundaries of the planning district for which the Fund is established. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the director or chief executive of the planning commission.

B. A planning district commission shall be entitled to revenues generated in the localities located within the planning district pursuant to § 58.1-604.01 and Chapter 8.1 (§ 58.1-818) of Title 58.1, and such funds shall be distributed to the Fund established by a planning district commission pursuant to this section, but only if the General Assembly, in the regular session immediately following the satisfaction of the requirements set forth in this section, specifically authorizes the imposition of the taxes set forth in § 58.1-604.01 and in Chapter 8.1 (§ 58.1-818) of Title 58.1 in the localities located within the planning district.

C. In order to be eligible to receive the revenues set forth in subsection B, a planning district commission, or a transportation planning entity of the planning district commission, shall compile a list, in order of priority, of the top 10 transportation-related projects within the planning district for which the transportation fund may be used. Criteria and methodology similar to that set forth in § 33.1-13.03:1 shall be utilized in compiling and prioritizing such list. The list shall be updated at least once every four years for as long as the Fund receives the revenues set forth in subsection B.

D. In order to be eligible to receive the revenues set forth in subsection B, the governing bodies of localities located within the planning district that represent at least 60 percent of the population residing within the planning district shall adopt a resolution supporting the funding of the transportation projects determined pursuant to subsection C through the imposition of the sales and use tax set forth in § 58.1-604.01 and the recordation tax set forth in Chapter 8.1 (§ 58.1-818) of Title 58.1. Such resolution shall only be voted upon by the governing body of a locality after the locality holds at least one public hearing concerning the imposition of the taxes within the locality.

E. No expenditures from or other use of moneys in a fund created pursuant to this section shall be considered in allocating highway maintenance and construction funds under § 33.1-23.1 or apportioning Transportation Trust Fund funds under § 58.1-638, but shall be in addition thereto.

DEL. WATTS [Withdrawn]

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§ 58.1-604.01. One-half percent sales and use tax in certain planning districts.

A. In addition to the sales tax imposed pursuant to § 58.1-603, a tax of one-half of one percent is hereby levied and imposed on the property, activities, and services described in § 58.1-603 in the localities located within a planning district that has met the requirements of § 15.2-4217.2, and that have been specifically authorized by the General Assembly to have the revenues generated by such tax collected and deposited into the transportation fund established by the planning district commission pursuant to § 15.2-4217.2. Such tax shall not be levied upon food purchased for human consumption pursuant to § 58.1-611.1.

B. In addition to the use tax imposed pursuant to § 58.1-604, a tax of one-half and one percent is hereby levied and imposed on the property, activities, and services described in § 58.1-604 in the localities located within a planning district that has met the requirements of § 15.2-4217.2, and that have been specifically authorized by the General Assembly to have the revenues generated by such tax collected and deposited into the transportation fund established by the planning district commission pursuant to § 15.2-4217.2. Such tax shall not be levied upon food purchased for human consumption pursuant to § 58.1-611.1.

C. The taxes under this section shall be effective in the localities located in the planning district for the tax year beginning on January 1 immediately following the session of the General Assembly in which approval was explicitly provided for the collection of the tax for the planning district. No tax shall be imposed or collected pursuant to this section unless, during the same session, the General Assembly also authorizes the collection of the tax set forth in Chapter 8.1 (§ 58.1-818) in the localities located within the planning district.

D. The taxes under this section shall be subject to all the provisions of this chapter and the rules and regulations published with respect thereto. No discount under § 58.1-622 shall be allowed on any tax provided under this section.

E. Notwithstanding the provisions of § 58.1-638, all taxes paid to the Commissioner pursuant to this section, unless the applicable portion of any refunds to the taxpayers, shall be deposited in the special fund titled the "Transportation Fund of the [fill in the name] Planning District Commission." The moneys deposited in the special fund shall be distributed monthly to the applicable planning district commission to be used in accordance with the provisions of § 15.2-4217.2. No expenditures from or other use of moneys in the special fund shall be considered in allocating highway maintenance and construction funds under § 33.1-23.1 or apportioning Transportation Trust Fund funds under § 58.1-638, but shall be in addition therto.

DEL. WATTS [Withdrawn]

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CHAPTER 8.1.

ADDITIONAL RECORDATION TAX.

§ 58.1-818. Additional recordation tax.

A. In addition to the state recordation tax imposed by Chapter 8 (§ 58.1-800 et seq.), there is hereby imposed an additional recordation tax, at a rate of 40 cents ($0.40) on every $100 or fraction thereof to be paid by the seller, upon the first recordation of each taxable instrument in the localities located within a planning district that has met the requirements of § 15.2-4217.2.

B. All taxes paid to the Commissioner pursuant to this section shall be deposited in the special fund titled the "Transportation Fund of the [fill in the name] Planning District Commission." The moneys deposited in the special fund shall be distributed monthly to the applicable planning district commission to be used in accordance with § 15.2-4217.2. No expenditures from or other uses of the moneys in the special fund shall be considered in allocating highway maintenance and construction funds under § 33.1-23.1 or apportioning Transportation Trust Fund funds under § 58.1-638, but shall be in addition thereto.

C. Except as otherwise provided in this section, the provisions of Chapter 8 (§ 58.1-800 et seq.) shall apply to this chapter, mutatis mutandis.

DEL. WATTS [Withdrawn]

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§ 58.1-2217. Taxes levied; rate.

A. There is hereby levied a tax at the rate of seventeen and one-half 17.5 cents ($0.175) per gallon on gasoline and gasohol.

Beginning January 1, 2014, and every January 1 thereafter, the rate shall be adjusted by a percentage, as determined by the Commissioner and rounded up to the closest one-tenth of one percent, equal to the average percentage change in the U.S. Department of Transportation's Transportation Services Index for the 36 months ending October 31 of the year immediately preceding the affected year.

B. (Contingent expiration date) There is hereby levied a tax on each gallon of diesel fuel at the same rate of seventeen and one-half cents per gallon on diesel fuel as the rate in effect pursuant to subsection A.

B. (Contingent effective date) There is hereby levied a tax on each gallon of diesel fuel at the rate of sixteen 1.5 cents per gallon on diesel fuel ($0.015) less than the rate in effect in subsection A.

C. Blended fuel that contains gasoline shall be taxed at the rate levied on gasoline. Blended fuel that contains diesel fuel shall be taxed at the rate levied on diesel fuel.

D. There is hereby levied a tax at the rate of five cents ($0.05) per gallon on aviation gasoline. Any person, whether or not licensed under this chapter, who uses, acquires for use, sells, or delivers for use in highway vehicles any aviation gasoline shall be liable for the tax per gallon at the rate of seventeen and one-half cents same rate in effect pursuant to subsection A per gallon, along with any penalties and interest that may accrue.

E. (Contingent expiration date) There is hereby levied a tax at the rate of five cents ($0.05) per gallon on aviation jet fuel purchased or acquired for use by a user of aviation fuel other than an aviation consumer. There is hereby levied a tax at the rate of five cents ($0.05) per gallon upon the first 100,000 gallons of aviation jet fuel, excluding bonded aviation jet fuel, purchased or acquired for use by any aviation consumer in any fiscal year. There is hereby levied a tax at the rate of one-half cent ($0.005) per gallon on all aviation jet fuel, excluding bonded aviation jet fuel, purchased or acquired for use by an aviation consumer in excess of 100,000 gallons in any fiscal year. Any person, whether or not licensed under this chapter, who uses, acquires for use, sells, or delivers for use in highway vehicles any aviation jet fuel taxable under this chapter shall be liable for the tax per gallon imposed at the rate of seventeen and one-half cents per gallon, same rate in effect pursuant to subsection A, along with any penalties and interest that may accrue.

E. (Contingent effective date) There is hereby levied a tax at the rate of five cents ($0.05) per gallon on aviation jet fuel purchased or acquired for use by a user of aviation fuel other than an aviation consumer. There is hereby levied a tax at the rate of five cents ($0.05) per gallon upon the first 100,000 gallons of aviation jet fuel, excluding bonded aviation jet fuel, purchased or acquired for use by any aviation consumer in any fiscal year. There is hereby levied a tax at the rate of one-half cent ($0.005) per gallon on all aviation jet fuel, excluding bonded aviation jet fuel, purchased or acquired for use by an aviation consumer in excess of 100,000 gallons in any fiscal year. Any person, whether or not licensed under this chapter, who uses, acquires for use, sells, or delivers for use in highway vehicles any aviation jet fuel taxable under this chapter shall be liable for the tax imposed at the rate of sixteen 16 cents ($0.16) per gallon, along with any penalties and interest that may accrue.

F. In accordance with § 62.1-44.34:13, a storage tank fee is imposed on each gallon of gasoline, aviation gasoline, diesel fuel (including dyed diesel fuel), blended fuel, and heating oil sold and delivered or used in the Commonwealth.

DEL. WATTS [Withdrawn]

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