Be it enacted by the General Assembly of Virginia:
1. That §§ 5 and 6, as amended, of Chapter 693 of the Acts of Assembly of 1954 are amended and reenacted and that Chapter 693 is amended by adding sections numbered 6-A and 6-B as follows:
§ 5. Chesapeake Bay Bridge and Tunnel District.-A political
subdivision of the State of Virginia to be known as the "Chesapeake Bay
Bridge and Tunnel District" is hereby created. The district shall comprise
the area now included in the boundaries of
§ 6. Chesapeake Bay Bridge and Tunnel Commission.-A
Commission, to be known as the "Chesapeake Bay Bridge and Tunnel
Commission," is hereby created as the governing board of the Chesapeake
Bay Bridge and Tunnel District created by this act. The Commission shall
consist of the following eleven members: (i) one member
The Commission shall select a chairman annually from its
membership. Within thirty days after the appointment of the original members of
the Commission, the Commission shall meet on the call of any member and elect
one of its members as chairman and another as vice-chairman. The Commission
shall employ a secretary and treasurer (who may or may not be a member of the
Commission) and if not a member of the Commission, fix his compensation and
duties. Any member of the Commission may be removed from office for cause by
§ 6-A. Control of certain facilities previously controlled by Department of Transportation.-Notwithstanding any contrary provision of Title 33.1 of the Code of Virginia, beginning on July 1, 2006, the Commission, in addition to any other powers and responsibilities granted by this chapter or by Chapter 714 of the Acts of Assembly of 1956 as amended, shall be responsible for control, operation, maintenance, expansion, and reconstruction of and improvements to the following facilities previously controlled by the Virginia Department of Transportation:
1. The George P. Coleman Memorial Bridge (U.S. Route 17 bridge across the York River between Gloucester County and Yorktown);
2. The James River Bridge (U.S. Routes 17 and 258 and Virginia Route 32 bridge between Newport News and Isle of Wight County);
3. The Monitor Merrimac Memorial Bridge-Tunnel (Interstate Route 664 bridge-tunnel across/beneath Hampton Roads between Newport News and Suffolk);
4. The Hampton Roads Bridge-Tunnel (Interstate Route 64 and U.S. Route 60 bridge-tunnel across/beneath Hampton Roads between Hampton and Norfolk);
5. The Midtown Tunnel (U.S. Route 58 tunnel beneath the Elizabeth River between Norfolk and Portsmouth); and
6. The Downtown Tunnel (Interstate Route 264 tunnel beneath the Elizabeth River between Norfolk and Portsmouth).
The Commission may impose and collect tolls, in amounts established by the Commission, for use of any or all of these facilities. The amount of any such toll may be varied from facility to facility, by time of day, or by day of the week so as to generate sufficient revenues to cover the costs of making necessary improvements and managing traffic flows to enable all facilities under the Commission's control to operate at no worse than level of service "C," as that term is described in the Highway Capacity Manual. Proceeds from any such tolls shall also be used to cover the Commission's expenses in operating the facilities and the costs of any control, operation, maintenance, expansion, and reconstruction of and improvements to any such facilities as may be necessary for their safe and efficient operation.
Imposition and collection of tolls for use of any component of the Interstate Highway System shall be subject to receipt of any required federal approval; imposition of tolls for use of the George P. Coleman Memorial Bridge shall be subject to requirements of any bond indenture applicable to any tolls imposed immediately prior to July 1, 2006.
In addition to revenues derived from the imposition and collection of tolls as provided for in the preceding provisions of this section, beginning with fiscal year 2006-2007, the Commonwealth Transportation Board shall annually allocate and pay to the Commission a sum equal to the total of all allocations made from the Transportation Trust Fund and the Highway Maintenance and Operating Fund for the control, operation, maintenance, expansion, and reconstruction of and improvements to any and all of the six facilities enumerated in the foregoing provisions of this section. The amount of such allocation and payment shall be increased annually in the same percentage as the percentage increase in total moneys flowing into the Transportation Trust Fund and Highway Maintenance and Operating Fund, as compared to the previous fiscal year. These moneys shall be used by the Commission for the control, operation, maintenance, expansion, and reconstruction of and improvements to these facilities.
§ 6-B. Construction of additional facilities; funding of construction; exercise of the power of eminent domain by Commonwealth Transportation Commissioner on behalf of Commission; ability to act as responsible public entity under Public-Private Transportation Act of 1995.-If the Commission concludes that carrying out its responsibilities under § 6-A requires the construction of a new facility or facilities, the Commission may do so. In so doing the Commonwealth Transportation Commissioner shall exercise his power of eminent domain in connection with the construction of any such new facility upon request of the Commission, in the same manner and to the same extent as authorized on behalf of municipalities under subsection B of § 33.1-89 of the Code of Virginia. Any such construction project shall be funded by the Commonwealth Transportation Board from funds available for allocation to construction projects in the highway system of which the new facility would be a part. The Commission, in its discretion, may also construct additional facilities by acting as a responsible public entity under the Public-Private Transportation Act of 1995 (§ 56-556 et seq.).
2. That in carrying out the provisions of this act, the Commission shall not divert the proceeds derived from tolls on the Chesapeake Bay Bridge-Tunnel to the support of any other facility or improvements to any other facility until all bonds and other financial obligations of the authority issued or entered into prior to July 1, 2006, have been paid in full.
3. That no provision of this act shall be so construed as to infringe any indenture or contract associated with any bonds or other financial obligations entered into by the Commissioner prior to July 1, 2006.