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2023 SESSION

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Senate Committee on Transportation

Chair: David W. Marsden

Clerk: Michael Jackson, H. Dockery
Staff: Nikhil Edward
Date of Meeting: January 26, 2023
Time and Place: 15 mins. after adj. / Committee Room #3 - Capitol Ext.
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 847

Patron: Favola

Pedestrian control signals; applicability to persons riding bicycles and other devices. Allows persons riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, or motorized skateboard or scooter to follow the pedestrian control signal at an intersection when traveling in the direction of the signal, provided they yield to pedestrians in the crosswalk traveling in the same direction. The bill specifies that such persons shall not start to cross the highway in the direction of such signal while the signal is solid, that pedestrians shall not start to cross the highway when such signal is solid or flashing, and that any person who has partially crossed the highway shall proceed to a sidewalk or safety island when the solid Don't Walk signal begins.

A BILL to amend and reenact § 46.2-925 of the Code of Virginia, relating to pedestrian control signals; applicability to persons riding bicycles and other devices.

23102496D

S.B. 861

Patron: Locke

Traffic control device violation monitoring systems. Authorizes the City of Hampton to establish a traffic control device violation monitoring system, defined in the bill, imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic control devices at any intersection deemed by the local governing body to be negatively impacted by traffic due to the Hampton Roads Bridge-Tunnel Expansion Project. The bill sunsets on July 1, 2026, or upon certification by the Secretary of Transportation that the Hampton Roads Bridge-Tunnel Expansion Project is complete, whichever is earlier. The bill contains technical amendments.

A BILL to amend and reenact §§ 15.2-968.1 and 46.2-208 of the Code of Virginia, relating to traffic control device violation monitoring systems.

23102455D

S.B. 862

Patron: Newman

Highway use fee and mileage-based user fee program; repeal. Eliminates the highway use fee and mileage-based user fee program. The bill directs the Commissioner of the Department of Motor Vehicles to continue to reimburse the cost of the highway use fee to any applicant that paid a highway use fee and is eligible for reimbursement of the original vehicle registration fee pursuant to relevant law. The bill directs the Commissioner to refund the cost of the highway use fee to any owner of a vehicle who prepaid the fee before the effective date of the bill, prorated for the period after which the highway use fee is no longer in effect.

A BILL to repeal Chapter 7 (§§ 46.2-770 through 46.2-774) of Title 46.2 of the Code of Virginia and the second enactment of Chapter 446 of the Acts of Assembly of 2022, relating to highway use fee and mileage-based user fee program; repeal.

23103025D

S.B. 865

Patron: Cosgrove

Highway use fee; exemptions; low-speed vehicles. Adds registered low-speed vehicles to the list of vehicles that are exempt from the highway use fee.

A BILL to amend and reenact § 46.2-772 of the Code of Virginia, relating to highway use fee; exemptions; low-speed vehicles.

23102760D

S.B. 875

Patron: McDougle

Issuing citations; certain traffic offenses. Removes the provisions that provide that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle, and the accompanying the exclusionary provisions.

A BILL to amend and reenact §§ 46.2-334.01, 46.2-646, 46.2-810.1, 46.2-923, 46.2-926, 46.2-1003, 46.2-1013, 46.2-1014, 46.2-1014.1, 46.2-1030, 46.2-1049, 46.2-1051, 46.2-1052, 46.2-1054, 46.2-1094, 46.2-1157, and 46.2-1300 of the Code of Virginia, relating to issuing citations; certain traffic offenses.

23103276D

S.B. 901

Patron: Marsden

Firearm in unattended motor vehicle; civil penalty. Provides that no person shall leave, place, or store a handgun in an unattended motor vehicle, as defined in the bill, unless the vehicle is locked and the handgun is secured in a locked container or locked compartment of the vehicle. The bill provides that any person violating such prohibition is subject to a civil penalty of no more than $500 and such unattended motor vehicle may be subject to removal for safekeeping.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 12 of Title 46.2 a section numbered 46.2-1215.1, relating to firearm in unattended motor vehicle; civil penalty.

23103458D

S.B. 951

Patron: Ruff

Uninsured motorist fee; repeal. Repeals the option to register an uninsured motor vehicle upon payment of the uninsured motor vehicle fee of $500. The repeal has an effective date of July 1, 2024. The bill authorizes the Commissioner of the Department of Motor Vehicles to continue registering uninsured vehicles from July 1, 2023, to July 1, 2024, but provides that all such registrations shall expire prior to July 1, 2024.

A BILL to amend and reenact §§ 8.01-66.1, 46.2-214.3, 46.2-646, 46.2-646.1, 46.2-706, 46.2-707, 46.2-707.1, 46.2-708, 46.2-902.1, and 46.2-1530 of the Code of Virginia, relating to uninsured motorist fee; repeal.

23102400D

S.B. 977

Patron: Mason

Transit Ridership Incentive Program; on-demand microtransit operations. Includes the development and implementation of on-demand microtransit operations, defined in the bill, to incentivize and promote transit ridership, as part of the goal of the Transit Ridership Incentive Program. The bill provides that an approved initiative or service is eligible to continue receiving funding for the duration of the Program on an annual basis, for up to 80 percent of costs, from funds that are available to the urbanized area in which the initiative or service is located.

A BILL to amend and reenact § 33.2-1526.3, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to Transit Ridership Incentive Program; on-demand microtransit operations.

23102068D

S.B. 981

Patron: Marsden

Flashing red and white warning lights; emergency vehicle exemptions; WMATA Response and Recovery Coordination Branch vehicles. Authorizes vehicles operated by the Response and Recovery Coordination Branch of the Washington Metropolitan Area Transit Authority's Office of Emergency Preparedness to (i) be equipped with flashing, blinking, or alternating red or red and white combination warning lights and (ii) disregard certain regulations regarding the operation of vehicles without being subject to criminal prosecution while responding to an emergency. The bill adds responding to metropolitan transit-related incidents to the list of circumstances in which such lighted warning lights shall be displayed.

A BILL to amend and reenact §§ 46.2-920, 46.2-1023, and 46.2-1030 of the Code of Virginia, relating to flashing red and white warning lights; emergency vehicle exemptions; WMATA Response and Recovery Coordination Branch vehicles.

23101698D

S.B. 995

Patron: Marsden

Use of handheld personal communication devices in certain motor vehicles. Clarifies the penalty structure for a first offense and a second or subsequent offense of using a handheld personal communication device in certain motor vehicles, as well as the mandatory fine for a violation within a highway work zone, to accommodate the Supreme Court's case management system. The bill contains technical amendments. This bill is declarative of existing law.

A BILL to amend and reenact § 46.2-818.2 of the Code of Virginia, relating to use of handheld personal communication devices in certain motor vehicles.

23102526D

S.B. 1035

Patron: McPike

Bridges; state of good repair; allocation of funds. Designates bridges with a general condition rating, defined in the bill, of five or less for at least one major bridge component as eligible for state of good repair funds. Currently, bridges must be structurally deficient to be eligible. The bill authorizes the use of state of good repair funds for the implementation of improvements anticipated to extend the useful life of a bridge by at least 10 years. The bill changes the funding distribution standard from equitable needs-based distribution, with percentage limits for a given district and a process to exceed such limits when necessary, to needs-based distribution of funding among the highway construction districts. The bill has a delayed effective date of June 1, 2024.

A BILL to amend and reenact § 33.2-369 of the Code of Virginia, relating to bridges; state of good repair; allocation of funds.

23101954D

S.B. 1085

Patron: Ebbin

Motor vehicle exhaust systems; aftermarket amplifying devices; inspections. Prohibits the sale and use of devices designed to create or amplify noise emitted from a motor vehicle, moped, or motorized skateboard or scooter to a level higher than that of the originally manufactured vehicle and requires motor vehicle inspection regulations to include compliance with such requirements. The bill creates a noise limit of 85 decibels as measured from a distance of 50 feet that a motor vehicle, moped, or motorized skateboard or scooter may emit.

A BILL to amend and reenact §§ 46.2-1047 and 46.2-1165 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-1049.1, relating to motor vehicle exhaust systems; aftermarket amplifying devices; inspections.

23103884D

S.B. 1106

Patron: Newman


Transportation Partnership Opportunity Fund. Requires the Governor to include in the Budget Bill an appropriation of up to $200 million, limited to $100 million each year, from the Commonwealth Transportation Fund to maintain a minimum available balance of $300 million in the Transportation Partnership Opportunity Fund (the Fund). The bill authorizes the Governor to direct funds from the Fund to the Commonwealth Transportation Board for transportation projects determined to be necessary to support major economic development initiatives or to enhance the economic development opportunities of the Commonwealth's transportation programs when recommended by the Secretary of Transportation and Secretary of Commerce and Trade; these directed funds do not have a specified limit. The bill also authorizes the Governor to use funds from the Fund to enhance the economic development opportunities of the Commonwealth's transportation programs. The bill authorizes the use of grants, funds directed to the Board, and revolving loans for property acquisition and new or improved infrastructure to support economic development opportunities of the Commonwealth's transportation programs. The bill removes the requirement for the Governor to provide copies of the guidelines and criteria for awarding grants and loans to the Chairmen of the House Committees on Appropriations, Finance, and Transportation and the Senate Committees on Finance and Appropriations and Transportation. The bill repeals the requirement for the Commonwealth Transportation Board to ensure that projects are not undertaken primarily for economic development purposes.

A BILL to amend and reenact §§ 33.2-1524 and 33.2-1529.1 of the Code of Virginia and to repeal the seventh enactment of Chapter 726 of the Acts of Assembly of 2014 relating to Transportation Partnership Opportunity Fund.

23103887D

S.B. 1165

Patron: Lewis

Commonwealth Transportation Board; regulation authority. Provides that the authority of the Commonwealth Transportation Board to make regulations for the use of systems of state highways includes, upon request of a locality or its chief law-enforcement officer, authorizing the use of devices on such highways for law-enforcement purposes whether related or unrelated to transportation safety. The bill (i) requires any regulation authorizing the use in the system of state highways of a device for law-enforcement purposes that records and stores videos, images, or any other data or information to require that all data or information collected by such device be purged and not retained later than 30 days after collection unless such data is being used in an active law-enforcement investigation or another provision of law establishes a different data retention requirement or limitation and (ii) prohibits certain uses of such data or information.

A BILL to amend and reenact § 33.2-210 of the Code of Virginia, relating to Commonwealth Transportation Board; regulation authority.

23102332D

S.B. 1196

Patron: Reeves

Permanent farm use placards. Repeals the requirement for the owner or lessee of a vehicle claiming a farm use exemption from the registration, licensing, and decal requirements for a motor vehicle, trailer, or semitrailer to obtain a nontransferable permanent farm use placard from the Department of Motor Vehicles and to display the farm use placard on the vehicle at all times. Under current law, such requirement will become effective July 1, 2023. The bill reinstates the authority of law-enforcement officer to inquire about the address or real property parcel identification number of the farm or lands with which the exempt vehicle is associated.

A BILL to amend and reenact §§ 46.2-665, as it is currently effective and as it shall become effective, 46.2-666, as it is currently effective and as it shall become effective, 46.2-670, as it is currently effective and as it shall become effective, 46.2-672, as it shall become effective, and 46.2-673, as it shall become effective, of the Code of Virginia and to repeal § 46.2-684.2 of the Code of Virginia, relating to permanent farm use placards; repeal.

23102075D

S.B. 1293

Patron: Deeds

Bicycles; exemptions to certain traffic control devices; local ordinances. Authorizes the local governing body of any county, city, or town to by ordinance authorize a bicyclist to treat a stop light as a stop sign and a stop sign as a yield right-of-way sign, provided that certain safety measures are observed.

A BILL to amend and reenact §§ 46.2-821 and 46.2-833 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 13 of Title 46.2 a section numbered 46.2-1316, relating to bicycles; exemptions to certain traffic control devices; local ordinances.

23100569D

S.B. 1326

Patrons: McClellan, McPike

Transit Ridership Incentive Program; funds; improving accessibility; transition to zero-emissions. Directs the Commonwealth Transportation Board to use up to 30 percent of available funds in the Transit Ridership Incentive Program to support local, regional, and state entities in improving the accessibility of transit bus passenger facilities and transitioning public transit bus fleets and infrastructure to zero-emission bus fleets and infrastructure. The bill directs the Board to develop guidelines for applications for grants to any local, regional, or state public entity that supports a transit system.

A BILL to amend and reenact § 33.2-1526.3 of the Code of Virginia, as it is currently effective and as it shall become effective, relating to Transit Ridership Incentive Program; funds; improving accessibility; transition to zero-emissions.

23102475D

S.B. 1466

Patron: Marsden

Electric Vehicle Rural Infrastructure Program and Fund created. Creates the Electric Vehicle Rural Infrastructure Program and Fund to assist private developers with non-utility costs associated with the installation of electric vehicle charging stations. The bill provides that a private developer is eligible to receive grants of 70 percent of such non-utility costs for electric vehicle charging stations installed in a city or county that meets the criteria of a distressed locality as provided in the bill and caps the total amount of grants awarded in any fiscal year at $25 million.

A BILL to amend the Code of Virginia by adding in Chapter 17 of Title 45.2 an article numbered 9, consisting of sections numbered 45.2-1734, 45.2-1735, and 45.2-1736, relating to Electric Vehicle Rural Infrastructure Program and Fund created.

23104193D