HB 5056 Special Transportation Fund for Northern Virginia;created, use of certain revenues, report.
David B. Albo | all patrons    ...    notes
| add to my profiles

Summary as introduced:
Transportation; supplemental funding for the statewide Highway Maintenance and Operating Fund, for transportation in Northern Virginia, and for transportation in Hampton Roads.  Provides supplemental funding for the statewide Highway Maintenance and Operating Fund, for transportation in Northern Virginia, and for transportation in Hampton Roads. 

Statewide Highway Maintenance and Operating Fund 

The bill dedicates to the Highway Maintenance and Operating Fund (i) current insurance license tax revenues, (ii) certain current state recordation tax revenues, and (iii) newly imposed fees on drivers who have accumulated more than four net driver demerit points or have been convicted of driving on a suspended or revoked license, reckless or aggressive driving, DUI, or any other misdemeanor or felony involving operation of a motor vehicle. These provisions of the bill are effective July 1, 2008.                                                 

Northern Virginia 

The bill creates a Special Transportation Fund for Northern Virginia to receive the funds dedicated to it pursuant to this bill to be used by the Northern Virginia Transportation Authority solely for the purposes stated in the bill.  The bill also assures that none of the funds shall be used to calculate or reduce transportation funding to the Northern Virginia Transportation District, or be used to calculate or reduce any other funding to the localities comprising the district, including funding for education. 

The bill changes the membership and operating procedures of the Northern Virginia Transportation Authority as follows:  (i) provides for two additional members from the House of Delegates; one additional member from the Senate; a mayor from a town within a county that is a member of the Authority; and the Northern Virginia Administrator for the Virginia Department of Transportation; (ii) requires that all transportation projects undertaken by the Authority shall be by private contractors accompanied by performance measurement standards; (iii) requires the Authority to avail itself of the strategies permitted under the Public-Private Transportation Act ( 56-556 et seq.) whenever feasible and advantageous; (iv) makes the Authority  independent of any state or local entity, including the Virginia Department of Transportation and the Commonwealth Transportation Board, but the Authority and VDOT and CTB shall consult with each other to avoid duplication of efforts, and, at the option of the Authority, may combine efforts to complete specific projects; and (v) requires the Authority, when determining what projects to construct, to base its decisions on  equitably distributing the funds throughout the participating localities, and constructing projects that move the most people or commercial traffic in the most cost-effective manner. 

The Northern Virginia Transportation Authority shall use all the revenues dedicated by the bill as follows:

1. The first $50 million received in each fiscal year through 2017 shall be distributed to the Washington Metropolitan Area Transit Authority (WMATA) to provide funds to the Authority as may be required under federal law for the payment of certain federal funds to WMATA for capital improvements. The Authority shall make such annual distribution from such revenues (i) only to the extent required under federal law for the payment of federal funds to WMATA; (ii) only if the matching federal funds are exclusive of, and in addition to, the amount of other federal funds appropriated to the Commonwealth for transportation;  and (iii) only if such other federal funds are in an amount not less than the amount of such funds appropriated to the Commonwealth in the fiscal year ending June 30, 2006.  For each year after 2017 the first $50 million deposited into the Fund shall be used for the expansion of Metro or other rail service into Prince William County;

2. The next $30 million received in each fiscal year shall be distributed to the Virginia Railway Express for capital improvements including but not limited to construction of parking, dedicated rail on the Fredericksburg line, rolling stock, expanded service to Prince William, and service as may be needed  as a result of the Base Realignment and Closure Commission regarding Fort Belvoir.  The Authority shall make such annual distribution from such revenues only if matching state funds are appropriated;

3. At least 25% of the revenues received each year shall be dedicated for use on urban, and secondary road construction and improvement.  Such funds shall be distributed on a pro rata basis with each locality's share being the total taxes and fees newly authorized in the bill generated in the locality divided by the total taxes and fees newly authorized in the bill generated in all localities embraced by the Northern Virginia Transportation Authority;

4. At least 20% of the revenues received each year shall be distributed to the localities embraced by the Northern Virginia Transportation Authority on a pro rata basis with each locality's share being being the total taxes and fees newly authorized in the bill generated in the locality divided by the total taxes and fees newly authorized in the bill generated in all localities embraced by the Northern Virginia Transportation Authority. The revenues distributed shall be used solely for transportation capital improvements as determined solely by the applicable locality. None of this revenue may be used to repay debt undertaken before January 1, 2007.  At the request of any county embraced by the Authority, all state secondary road construction funding due such county shall be transferred to such county, provided that the county assumes full responsibility for planning and constructing its secondary roads.    Each locality shall provide annually to the Northern Virginia Transportation Authority sufficient documentation as required by the Authority showing that the funds were used as required;  

5. To construct a specific list of transportation projects set out in the bill;

6. Beginning at the time the second half of the Dulles Rail project is constructed, at least $20 million shall be dedicated annually for the Dulles Rail project, provided there is federal matching funds appropriated; and

7. To construct transportation projects in the localities that are members of the Authority as may be determined by the Authority in consultation with members of the governing bodies of the localities embraced by the Authority, and members of the General Assembly representing any locality embraced by the Authority. 

The bill permits any county or city that is a member of the Northern Virginia Transportation Authority, to impose additional local fees to be used by the Authority for transportation projects in the localities. The additional local fees are:  (i) a "Northern Virginia Transportation Improvement Fee" on annual vehicle registrations  as follows: $30 for passenger cars and  pickup trucks; $40 for panel trucks; $20 for trailers; $15 for motorcycles; $25 per axle for trucks; and $12 for all other vehicles; (ii) a "Northern Virginia Transportation Improvement Initial Registration Fee" at the time the vehicle is first registered in the locality at the rate of 0.75% of the value of the vehicle; (iii) a fee of $200 on the initial issuance of a driver's license; (iv) hotel/motel transportation impact fee of 2% of the charge for the room; (v) rental car transportation impact fee of 2%; (vi) transportation impact commercial real property tax at the rate of 0.3%; and (vii) development transportation impact fees for the issuance of residential use permits as follows: $7,000 for a new single-family detached dwelling; $6,000 for a new townhouse; and $5,000 for a multi-family dwelling unit. 

The bill provides that no locality shall continue to be a member of the Northern Virginia Transportation Authority if at any time on or after January 1, 2007, it is not imposing all the new taxes and fees that are authorized.

The bill also repeals the authority for certain localities to impose a local income tax. 

The provisions of the bill regarding Northern Virginia are effective January 1, 2007. 

Hampton Roads 

The bill creates the Hampton Roads Transportation Authority (Authority) for the Counties of Isle of Wight, James City, and York and the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, and Williamsburg to determine, administer, and fund transportation projects.  The bill also authorizes and dedicates various revenue sources to the Authority. 

The Authority may impose and collect tolls in amounts established by the Authority for the use of any new or improved highway, bridge, tunnel, or transportation facility (including, at some future time if certain conditions are met, new construction relating to, or improvements to, the bridges, tunnels, roadways, and related facilities known collectively as the Chesapeake Bay Bridge-Tunnel) constructed by the Authority or with funds provided in whole or in part by the Authority. 

The bill permits any county or city that is a member of the Authority, to impose additional local fees to be used by the Authority for transportation projects in the localities. The additional local fees include (i) a "Hampton Roads Transportation Improvement Fee" on annual vehicle registrations as follows: $30 for passenger cars and pickup trucks; $40 for panel trucks; $20 for trailers; $15 for motorcycles; $25 per axle for trucks; and $12 for all other vehicles; (ii) a "Hampton Roads Transportation Improvement Initial Registration Fee" at the time the vehicle is first registered in the locality at the rate of 0.75% of the value of the vehicle; (iii) a transient occupancy tax of 5% of the charge for the room; and (iv) rental car transportation impact fee of 2%. 

The Authority shall use the revenues authorized and dedicated by bill solely to undertake those transportation projects that are currently included in the federally mandated 2030 Regional Transportation Plan approved by the Metropolitan Planning Organization, or any successive plan, and that are located in, or which provide a benefit to, the counties and cities that are members of the Authority. The Authority shall phase construction of the transportation projects that are currently included in the federally mandated 2030 Regional Transportation Plan.  Except as specifically provided herein, projects listed in the second phase shall not be undertaken until the Authority has determined that there is a viable plan of construction for the projects listed in the first phase that meet the requirements of this section.

First Phase Projects:

Route 460 Upgrade; 1-64 Widening on the Peninsula; 1-64 Widening on the Southside; Midtown Tunnel/MLK Extension; Southeastern Parkway/Dominion Blvd; I-664 Widening in Newport News; 1-664 Widening on the Southside; 1-664 Monitor Merrimac Bridge Tunnel Widening.

Second Phase Projects:

1-64 to the Intermodal Connector; I-564 Connector to the Monitor Merrimac Bridge Tunnel; Craney Island Connector. 

The bill provides that no locality shall be a member of the Hampton Roads Transportation Authority if it does not impose all the new taxes and fees authorized by the bill. 

The Chesapeake Bay Bridge-Tunnel facilities shall become subject to the control of the Authority at such time as all of the bonds and other evidences of debt now or hereafter issued by or on behalf of the Chesapeake Bay Bridge and Tunnel Commission have been satisfied or paid in full.  The bill places certain conditions on the issuance of bonds in the future by the Chesapeake Bay Bridge and Tunnel Commission.  At such time as the Chesapeake Bay Bridge-Tunnel facilities come under the control of the Authority, the Counties of Accomack and Northampton shall become members of the Authority, provided that they impose all of the new fees and taxes authorized by the bill. 

The provisions of the bill regarding Hampton Roads are effective January 1, 2007, and only if at least four of the localities in Hampton Roads impose the addtional fees authorized by the bill.

Full text:
09/15/06  House: Presented and ordered printed 061872204  pdf | impact statement

Status:
09/15/06  House: Presented and ordered printed 061872204
09/15/06  House: Referred to Committee on Finance
09/26/06  House: Failed to report (defeated) in Finance (5-Y 17-N)