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2023 SESSION

22101012D
SENATE BILL NO. 220
Offered January 12, 2022
Prefiled January 10, 2022
A BILL to amend and reenact § 33.2-369 of the Code of Virginia, relating to state of good repair funds.
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Patron-- McPike
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Referred to Committee on Transportation
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Be it enacted by the General Assembly of Virginia:

1. That § 33.2-369 of the Code of Virginia is amended and reenacted as follows:

§ 33.2-369. State of good repair.

A. As used in this section, "state of good repair purposes" means improvement of deficient pavement conditions and improvement of structurally deficient bridges and bridges with a general condition rating of no greater than five.

B. The Board shall use funds allocated in § §§ 33.2-358 and § 58.1-1741 to state of good repair purposes for reconstruction and replacement of structurally deficient state and locally owned bridges, reconstruction and rehabilitation of state and locally owned bridges with a general condition rating of no greater than five, and reconstruction and rehabilitation of pavement on the Interstate System and primary state highway system determined to be deteriorated by the Board, including municipality-maintained primary extensions.

The Board shall allocate these funds to projects in all nine highway construction districts for state of good repair purposes based on a priority ranking system that takes into consideration (i) the number, condition, and costs of structurally deficient bridges and bridges with a general condition rating of no greater than five and (ii) the mileage, condition, and costs to replace deteriorated pavements. The Board shall ensure an equitable needs-based distribution of funding among the highway construction districts, with no district receiving more than 17.5 percent or less than 5.5 percent of the total funding allocated in any given year. The Board may, by a duly adopted resolution, waive the cap provided in this section for a fiscal year only when it determines that due to extraordinary circumstances or needs the cap inhibits the ability of the Department to address a key pavement or bridge need that has been identified.

C. In any year in which the Department has not met the established targets for secondary pavements developed in accordance with § 33.2-232 and before making the allocations in subsection B, the Board may allocate up to 20 percent of these funds to all nine highway construction districts to improve the condition of secondary pavements. The Board shall ensure an equitable needs-based distribution of funds among highway construction districts based on the mileage, condition, and cost to improve secondary pavements.