{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1600.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1600.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1600.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1600.html"}],"law_id":76837,"edition_id":1,"section_id":76837,"structure_id":15695,"section_number":"33.2-1600","catch_line":"Fund for construction of industrial access railroad tracks","history":"1987, c. 495, \u00a7 33.1-221.1:1; 1992, c. 167; 1996, cc. 590, 598; 2010, c. 869; 2011, c. 64; 2012, c. 19; 2014, c. 805.","full_text":"A\n\nThe General Assembly declares it to be in the public interest that access railroad tracks and facilities be constructed to certain industrial commercial sites where rail freight service is or may be needed by new or substantially expanded industry and that financial assistance be provided to areas seeking to furnish rail freight trackage between the normal limits of existing or proposed common carrier railroad tracks and facilities and the actual site of existing or proposed commercial or industrial buildings or facilities. This section is enacted in furtherance of these purposes and is intended to be comparable to the fund for access roads to economic development sites established pursuant to § 33.2-1509.B\n\nThe funding for this program shall be set forth in the appropriation act.C\n\nThe Director of the Department of Rail and Public Transportation shall administer and expend or commit, subject to the approval of the Board, such funds for constructing, reconstructing, or improving industrial access railroad tracks and related facilities. The Director of the Department of Rail and Public Transportation may consult with the Commissioner of Agriculture and Consumer Services and the Chief Executive Officer of the Virginia Economic Development Partnership, or their designated representatives, concerning applications for funds. Funds shall be spent directly by the Director of the Department of Rail and Public Transportation or by reimbursement of the local entities, private or public.D\n\nFunds may be used to construct, reconstruct, or improve part or all of the necessary tracks and related facilities on public or private property currently used or being developed, existent or prospective, for single industries or industrial subdivisions under firm contract or already constructed, including those subdivisions owned or promoted by railroad companies and others. Applications for funds must be approved by the local governing body.E\n\nIn deciding whether to construct any such access track, the Board shall consider the cost thereof in relation to prospective volume of rail traffic, capital investment, potential employment, and other economic and public benefits. The Board shall adopt procedures to encourage widespread use of the funds, shall limit allocation of funds so that no locality receives more than 50 percent of the funds in any one fiscal year unless there are not sufficient applications prior to May 1 of each year to use the available funds, and shall consider the practices of the Department of Transportation in distributing funds for access roads to economic development sites under § 33.2-1509.F\n\nTracks and facilities constructed with such funds shall be the property of the Commonwealth for the useful life of the project as determined by the Director of the Department of Rail and Public Transportation and shall be made available for use by all common carriers using the railway system to which they connect. The landowners or using businesses shall, prior to the commitment of funds by the Director of the Department of Rail and Public Transportation, be contractually committed to the perpetual maintenance of such tracks and facilities so constructed and to the payment of any costs related to the future relocation or removal of such tracks and facilities.","order_by":null,"text":{"0":{"id":275843,"text":"The General Assembly declares it to be in the public interest that access railroad tracks and facilities be constructed to certain industrial commercial sites where rail freight service is or may be needed by new or substantially expanded industry and that financial assistance be provided to areas seeking to furnish rail freight trackage between the normal limits of existing or proposed common carrier railroad tracks and facilities and the actual site of existing or proposed commercial or industrial buildings or facilities. This section is enacted in furtherance of these purposes and is intended to be comparable to the fund for access roads to economic development sites established pursuant to § 33.2-1509.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":275844,"text":"The funding for this program shall be set forth in the appropriation act.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":275845,"text":"The Director of the Department of Rail and Public Transportation shall administer and expend or commit, subject to the approval of the Board, such funds for constructing, reconstructing, or improving industrial access railroad tracks and related facilities. The Director of the Department of Rail and Public Transportation may consult with the Commissioner of Agriculture and Consumer Services and the Chief Executive Officer of the Virginia Economic Development Partnership, or their designated representatives, concerning applications for funds. Funds shall be spent directly by the Director of the Department of Rail and Public Transportation or by reimbursement of the local entities, private or public.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":275846,"text":"Funds may be used to construct, reconstruct, or improve part or all of the necessary tracks and related facilities on public or private property currently used or being developed, existent or prospective, for single industries or industrial subdivisions under firm contract or already constructed, including those subdivisions owned or promoted by railroad companies and others. Applications for funds must be approved by the local governing body.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":275847,"text":"In deciding whether to construct any such access track, the Board shall consider the cost thereof in relation to prospective volume of rail traffic, capital investment, potential employment, and other economic and public benefits. The Board shall adopt procedures to encourage widespread use of the funds, shall limit allocation of funds so that no locality receives more than 50 percent of the funds in any one fiscal year unless there are not sufficient applications prior to May 1 of each year to use the available funds, and shall consider the practices of the Department of Transportation in distributing funds for access roads to economic development sites under § 33.2-1509.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":275848,"text":"Tracks and facilities constructed with such funds shall be the property of the Commonwealth for the useful life of the project as determined by the Director of the Department of Rail and Public Transportation and shall be made available for use by all common carriers using the railway system to which they connect. The landowners or using businesses shall, prior to the commitment of funds by the Director of the Department of Rail and Public Transportation, be contractually committed to the perpetual maintenance of such tracks and facilities so constructed and to the payment of any costs related to the future relocation or removal of such tracks and facilities.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15695,"edition_id":1,"name":"Rail Funds","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":13146,"metadata":{},"date_created":"2026-06-26 03:58:01","date_modified":"2026-06-26 03:58:01","permalink":{"id":206673,"object_type":"structure","relational_id":15695,"identifier":"16","token":"33.2\/III\/16","url":"\/33.2\/III\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13146,"edition_id":1,"name":"Transportation Funding and Development","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":206483,"object_type":"structure","relational_id":13146,"identifier":"III","token":"33.2\/III","url":"\/33.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76837,"structure_id":15695,"section_number":"33.2-1600","catch_line":"Fund for construction of industrial access railroad tracks","url":"\/33.2-1600\/","token":"33.2\/III\/16\/33.2-1600","metadata":false},{"id":65261,"structure_id":15695,"section_number":"33.2-1601","catch_line":"Repealed","url":"\/33.2-1601\/","token":"33.2\/III\/16\/33.2-1601","metadata":false},{"id":68780,"structure_id":15695,"section_number":"33.2-1602","catch_line":"Shortline Railway Preservation and Development Fund","url":"\/33.2-1602\/","token":"33.2\/III\/16\/33.2-1602","metadata":false},{"id":60121,"structure_id":15695,"section_number":"33.2-1603","catch_line":"Repealed","url":"\/33.2-1603\/","token":"33.2\/III\/16\/33.2-1603","metadata":false},{"id":82724,"structure_id":15695,"section_number":"33.2-1604","catch_line":"Funds for administration of Department of Rail and Public Transportation","url":"\/33.2-1604\/","token":"33.2\/III\/16\/33.2-1604","metadata":false}],"next_section":{"id":65261,"structure_id":15695,"section_number":"33.2-1601","catch_line":"Repealed","url":"\/33.2-1601\/","token":"33.2\/III\/16\/33.2-1601","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1600\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 495 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 167; in 1996, chapters 590<\/a> and 598<\/a>; in 2010, chapter 869<\/a>; in 2011, chapter 64<\/a>; in 2012, chapter 19<\/a>; in 2014, chapter 805<\/a>.<\/p>","references":[{"id":68780,"section_number":"33.2-1602","catch_line":"Shortline Railway Preservation and Development Fund","order_by":null,"url":"\/33.2-1602\/"},{"id":72875,"section_number":"62.1-132.1","catch_line":"General powers","order_by":null,"url":"\/62.1-132.1\/"}],"refers_to":false,"permalink":{"id":206675,"object_type":"law","relational_id":76837,"identifier":"33.2-1600","token":"33.2\/III\/16\/33.2-1600","url":"\/33.2-1600\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1600\/","token":"33.2\/III\/16\/33.2-1600","dublin_core":{"Title":"Fund for construction of industrial access railroad tracks","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1600","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The General Assembly declares it to be in the public interest that access railroad tracks and facilities be constructed to certain industrial commercial sites where rail freight service is or may be needed by new or substantially expanded industry and that financial assistance be provided to areas seeking to furnish rail freight trackage between the normal limits of existing or proposed common carrier railroad tracks and facilities and the actual site of existing or proposed commercial or industrial buildings or facilities. This section is enacted in furtherance of these purposes and is intended to be comparable to the fund for access roads to economic development sites established pursuant to § 33.2-1509<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The funding for this program shall be set forth in the appropriation act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Director of the Department<\/span> of Rail and Public Transportation<\/span> shall administer and expend or commit, subject to the approval of the Board<\/span>, such funds for constructing, reconstructing, or improving industrial access railroad tracks and related facilities. The Director of the Department<\/span> of Rail and Public Transportation<\/span> may consult with the Commissioner<\/span> of Agriculture and Consumer Services and the Chief Executive Officer of the Virginia Economic Development Partnership, or their designated representatives, concerning applications for funds. Funds shall be spent directly by the Director of the Department<\/span> of Rail and Public Transportation<\/span> or by reimbursement of the local entities, private or public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Funds may be used to construct, reconstruct, or improve part or all of the necessary tracks and related facilities on public or private property currently used or being developed, existent or prospective, for single industries or industrial subdivisions under firm contract<\/span> or already constructed, including those subdivisions owned or promoted by railroad companies and others. Applications for funds must be approved by the local governing body. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In deciding whether to construct any such access track, the Board<\/span> shall consider the cost thereof in relation to prospective volume of rail traffic, capital investment, potential employment, and other economic and public benefits. The Board<\/span> shall adopt procedures to encourage widespread use of the funds, shall limit allocation of funds so that no locality receives more than 50 percent of the funds in any one fiscal year unless there are not sufficient applications prior to May 1 of each year to use the available funds, and shall consider the practices of the Department<\/span> of Transportation in distributing funds for access roads to economic development sites under § 33.2-1509<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Tracks and facilities constructed with such funds shall be the property of the Commonwealth for the useful life of the project as determined by the Director of the Department<\/span> of Rail and Public Transportation<\/span> and shall be made available for use by all common carriers using the railway system to which they connect. The landowners or using businesses shall, prior to the commitment of funds by the Director of the Department<\/span> of Rail and Public Transportation<\/span>, be contractually committed to the perpetual maintenance<\/span> of such tracks and facilities so constructed and to the payment of any costs related to the future relocation or removal of such tracks and facilities. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFUND FOR CONSTRUCTION OF INDUSTRIAL ACCESS RAILROAD TRACKS (\u00a7 33.2-1600)\n\nA. The General Assembly declares it to be in the public interest that access\nrailroad tracks and facilities be constructed to certain industrial commercial\nsites where rail freight service is or may be needed by new or substantially\nexpanded industry and that financial assistance be provided to areas seeking to\nfurnish rail freight trackage between the normal limits of existing or proposed\ncommon carrier railroad tracks and facilities and the actual site of existing or\nproposed commercial or industrial buildings or facilities. This section is\nenacted in furtherance of these purposes and is intended to be comparable to the\nfund for access roads to economic development sites established pursuant to\n§ 33.2-1509.\n\nB. The funding for this program shall be set forth in the appropriation act.\n\nC. The Director of the Department of Rail and Public Transportation shall\nadminister and expend or commit, subject to the approval of the Board, such\nfunds for constructing, reconstructing, or improving industrial access railroad\ntracks and related facilities. The Director of the Department of Rail and Public\nTransportation may consult with the Commissioner of Agriculture and Consumer\nServices and the Chief Executive Officer of the Virginia Economic Development\nPartnership, or their designated representatives, concerning applications for\nfunds. Funds shall be spent directly by the Director of the Department of Rail\nand Public Transportation or by reimbursement of the local entities, private or\npublic.\n\nD. Funds may be used to construct, reconstruct, or improve part or all of the\nnecessary tracks and related facilities on public or private property currently\nused or being developed, existent or prospective, for single industries or\nindustrial subdivisions under firm contract or already constructed, including\nthose subdivisions owned or promoted by railroad companies and others.\nApplications for funds must be approved by the local governing body.\n\nE. In deciding whether to construct any such access track, the Board shall\nconsider the cost thereof in relation to prospective volume of rail traffic,\ncapital investment, potential employment, and other economic and public\nbenefits. The Board shall adopt procedures to encourage widespread use of the\nfunds, shall limit allocation of funds so that no locality receives more than 50\npercent of the funds in any one fiscal year unless there are not sufficient\napplications prior to May 1 of each year to use the available funds, and shall\nconsider the practices of the Department of Transportation in distributing funds\nfor access roads to economic development sites under § 33.2-1509.\n\nF. Tracks and facilities constructed with such funds shall be the property of\nthe Commonwealth for the useful life of the project as determined by the\nDirector of the Department of Rail and Public Transportation and shall be made\navailable for use by all common carriers using the railway system to which they\nconnect. The landowners or using businesses shall, prior to the commitment of\nfunds by the Director of the Department of Rail and Public Transportation, be\ncontractually committed to the perpetual maintenance of such tracks and\nfacilities so constructed and to the payment of any costs related to the future\nrelocation or removal of such tracks and facilities.\n\nHISTORY: 1987, c. 495, \u00a7 33.1-221.1:1; 1992, c. 167; 1996, cc. 590, 598; 2010,\nc. 869; 2011, c. 64; 2012, c. 19; 2014, c. 805.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}