{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-2510.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-2510.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-2510.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-2510.html"}],"law_id":61552,"edition_id":1,"section_id":61552,"structure_id":15727,"section_number":"33.2-2510","catch_line":"Use of certain revenues by the Authority","history":"2007, c. 896, \u00a7 15.2-4838.1; 2009, cc. 410, 556; 2013, c. 766; 2014, c. 805; 2015, c. 458; 2016, c. 225; 2019, c. 749.","full_text":"A\n\nAll moneys received by the Authority and the proceeds of bonds issued pursuant to § 33.2-2511 shall be used by the Authority solely for transportation purposes benefiting those counties and cities that are embraced by the Authority.B\n\n1. Except as provided in subdivision 2, 30 percent of the revenues received by the Authority under subsection A shall be distributed on a pro rata basis, with each locality’s share being the total of such fee and taxes received by the Authority that are generated or attributable to the locality divided by the total of such fee and taxes received by the Authority. Of the revenues distributed pursuant to this subsection, as determined solely by the applicable locality, such revenues shall be used for additional urban or secondary highway construction, for other capital improvements that reduce congestion, for other transportation capital improvements that have been approved by the most recent long-range transportation plan adopted by the Authority, or for public transportation purposes. None of the revenue distributed by this subsection may be used to repay debt issued before July 1, 2013. Each locality shall create a separate, special fund in which all revenues received pursuant to this subsection and from the tax imposed pursuant to \u00a7 58.1-3221.3 shall be deposited. Each locality shall provide annually to the Authority sufficient documentation as required by the Authority showing that the funds distributed under this subsection were used as required by this subsection.2\n\nIf a locality has not deposited into its special fund (i) revenues from the tax collected under § 58.1-3221.3 pursuant to the maximum tax rate allowed under that section or (ii) an amount, from sources other than moneys received from the Authority, that is equivalent to the revenue that the locality would receive if it was imposing the maximum tax authorized by § 58.1-3221.3, then the amount of revenue distributed to the locality pursuant to subdivision 1 shall be reduced by the difference between the amount of revenue that the locality would receive if it was imposing the maximum tax authorized by such section and the amount of revenue deposited into its special fund pursuant to clause (i) or (ii), as applicable. The amount of any such reduction in revenue shall be redistributed according to subsection C. The provisions of this subdivision shall be ongoing and apply over annual periods as determined by the Authority.C\n\n1. The remaining 70 percent of the revenues received by the Authority under subsection A, plus the amount of any revenue to be redistributed pursuant to subsection B, shall be used by the Authority solely to fund transportation projects selected by the Authority that are contained in the regional transportation plan in accordance with subdivision 1 of \u00a7 33.2-2500 and that have been rated in accordance with subdivision 2 of \u00a7 33.2-2500. For only those regional funds received in fiscal year 2014, the requirement for rating in accordance with subdivision 2 of \u00a7 33.2-2500 shall not apply. The Authority shall give priority to selecting projects that are expected to provide the greatest congestion reduction relative to the cost of the project and shall document this information for each project selected. Such projects selected by the Authority for funding shall be located (i) only in localities embraced by the Authority or (ii) in adjacent localities but only to the extent that such extension is an insubstantial part of the project and is essential to the viability of the project within the localities embraced by the Authority.2\n\nNot less than 15 days prior to any decision by the Authority for the expenditure of funds pursuant to subdivision 1 for any project to create or improve any transportation facility, the Authority shall make the following publicly available: (i) the project evaluation pursuant to subdivision 2 of § 33.2-2500, (ii) the total amount of funds from the Authority to be used for the project, (iii) the total amount of funds from sources other than the Authority to be used for the project, and (iv) any other rating or scoring of other factors to be taken into account by the Authority related to each such transportation facility.3\n\nAll transportation projects undertaken by the Authority shall be completed by private contractors accompanied by performance measurement standards, and all contracts shall contain a provision granting the Authority the option to terminate the contract if contractors do not meet such standards. Notwithstanding the foregoing, any locality may provide engineering services or right-of-way acquisition for any project with its own forces. The Authority shall avail itself of the strategies permitted under the Public-Private Transportation Act (§ 33.2-1800 et seq.) whenever feasible and advantageous. The Authority is independent of any state or local entity, including the Department and the Commonwealth Transportation Board, but the Authority, the Department, and the Commonwealth Transportation Board shall consult with one another to avoid duplication of efforts and, at the option of the Authority, may combine efforts to complete specific projects. Notwithstanding the foregoing, at the request of the Authority, the Department may provide the Authority with engineering services or right-of-way acquisition for the project with its own forces.4\n\nWith regard to the revenues distributed under subdivision 1, each locality’s total long-term benefit shall be approximately equal to the proportion of the total of the fees and taxes received by the Authority that are generated by or attributable to the locality divided by the total of such fees and taxes received by the Authority.D\n\nFor road construction and improvements pursuant to subsection B, the Department may, on a reimbursement basis, provide the locality with planning, engineering, right-of-way, and construction services for projects funded in whole by the revenues provided to the locality by the Authority.","order_by":null,"text":{"0":{"id":224772,"text":"All moneys received by the Authority and the proceeds of bonds issued pursuant to § 33.2-2511 shall be used by the Authority solely for transportation purposes benefiting those counties and cities that are embraced by the Authority.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224773,"text":"1. Except as provided in subdivision 2, 30 percent of the revenues received by the Authority under subsection A shall be distributed on a pro rata basis, with each locality’s share being the total of such fee and taxes received by the Authority that are generated or attributable to the locality divided by the total of such fee and taxes received by the Authority. Of the revenues distributed pursuant to this subsection, as determined solely by the applicable locality, such revenues shall be used for additional urban or secondary highway construction, for other capital improvements that reduce congestion, for other transportation capital improvements that have been approved by the most recent long-range transportation plan adopted by the Authority, or for public transportation purposes. None of the revenue distributed by this subsection may be used to repay debt issued before July 1, 2013. Each locality shall create a separate, special fund in which all revenues received pursuant to this subsection and from the tax imposed pursuant to \u00a7 58.1-3221.3 shall be deposited. Each locality shall provide annually to the Authority sufficient documentation as required by the Authority showing that the funds distributed under this subsection were used as required by this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":224774,"text":"If a locality has not deposited into its special fund (i) revenues from the tax collected under § 58.1-3221.3 pursuant to the maximum tax rate allowed under that section or (ii) an amount, from sources other than moneys received from the Authority, that is equivalent to the revenue that the locality would receive if it was imposing the maximum tax authorized by § 58.1-3221.3, then the amount of revenue distributed to the locality pursuant to subdivision 1 shall be reduced by the difference between the amount of revenue that the locality would receive if it was imposing the maximum tax authorized by such section and the amount of revenue deposited into its special fund pursuant to clause (i) or (ii), as applicable. The amount of any such reduction in revenue shall be redistributed according to subsection C. The provisions of this subdivision shall be ongoing and apply over annual periods as determined by the Authority.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"C"},"3":{"id":224775,"text":"1. The remaining 70 percent of the revenues received by the Authority under subsection A, plus the amount of any revenue to be redistributed pursuant to subsection B, shall be used by the Authority solely to fund transportation projects selected by the Authority that are contained in the regional transportation plan in accordance with subdivision 1 of \u00a7 33.2-2500 and that have been rated in accordance with subdivision 2 of \u00a7 33.2-2500. For only those regional funds received in fiscal year 2014, the requirement for rating in accordance with subdivision 2 of \u00a7 33.2-2500 shall not apply. The Authority shall give priority to selecting projects that are expected to provide the greatest congestion reduction relative to the cost of the project and shall document this information for each project selected. Such projects selected by the Authority for funding shall be located (i) only in localities embraced by the Authority or (ii) in adjacent localities but only to the extent that such extension is an insubstantial part of the project and is essential to the viability of the project within the localities embraced by the Authority.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C2"},"4":{"id":224776,"text":"Not less than 15 days prior to any decision by the Authority for the expenditure of funds pursuant to subdivision 1 for any project to create or improve any transportation facility, the Authority shall make the following publicly available: (i) the project evaluation pursuant to subdivision 2 of § 33.2-2500, (ii) the total amount of funds from the Authority to be used for the project, (iii) the total amount of funds from sources other than the Authority to be used for the project, and (iv) any other rating or scoring of other factors to be taken into account by the Authority related to each such transportation facility.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"C3"},"5":{"id":224777,"text":"All transportation projects undertaken by the Authority shall be completed by private contractors accompanied by performance measurement standards, and all contracts shall contain a provision granting the Authority the option to terminate the contract if contractors do not meet such standards. Notwithstanding the foregoing, any locality may provide engineering services or right-of-way acquisition for any project with its own forces. The Authority shall avail itself of the strategies permitted under the Public-Private Transportation Act (§ 33.2-1800 et seq.) whenever feasible and advantageous. The Authority is independent of any state or local entity, including the Department and the Commonwealth Transportation Board, but the Authority, the Department, and the Commonwealth Transportation Board shall consult with one another to avoid duplication of efforts and, at the option of the Authority, may combine efforts to complete specific projects. Notwithstanding the foregoing, at the request of the Authority, the Department may provide the Authority with engineering services or right-of-way acquisition for the project with its own forces.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":224778,"text":"With regard to the revenues distributed under subdivision 1, each locality’s total long-term benefit shall be approximately equal to the proportion of the total of the fees and taxes received by the Authority that are generated by or attributable to the locality divided by the total of such fees and taxes received by the Authority.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"7":{"id":224779,"text":"For road construction and improvements pursuant to subsection B, the Department may, on a reimbursement basis, provide the locality with planning, engineering, right-of-way, and construction services for projects funded in whole by the revenues provided to the locality by the Authority.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4"}},"ancestry":[{"id":15727,"edition_id":1,"name":"Northern Virginia Transportation Authority","identifier":"25","label":"chapter","depth":3,"order_by":1,"parent_id":12807,"metadata":{},"date_created":"2026-06-26 03:58:28","date_modified":"2026-06-26 03:58:28","permalink":{"id":207367,"object_type":"structure","relational_id":15727,"identifier":"25","token":"33.2\/IV\/25","url":"\/33.2\/IV\/25\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12807,"edition_id":1,"name":"Local and Regional Transportation","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":206943,"object_type":"structure","relational_id":12807,"identifier":"IV","token":"33.2\/IV","url":"\/33.2\/IV\/","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":81578,"structure_id":15727,"section_number":"33.2-2500","catch_line":"Northern Virginia Transportation Authority created","url":"\/33.2-2500\/","token":"33.2\/IV\/25\/33.2-2500","metadata":false},{"id":79445,"structure_id":15727,"section_number":"33.2-2501","catch_line":"Counties and cities embraced by the Authority","url":"\/33.2-2501\/","token":"33.2\/IV\/25\/33.2-2501","metadata":false},{"id":60328,"structure_id":15727,"section_number":"33.2-2502","catch_line":"Composition of Authority; membership; terms","url":"\/33.2-2502\/","token":"33.2\/IV\/25\/33.2-2502","metadata":false},{"id":70139,"structure_id":15727,"section_number":"33.2-2503","catch_line":"Staff","url":"\/33.2-2503\/","token":"33.2\/IV\/25\/33.2-2503","metadata":false},{"id":71206,"structure_id":15727,"section_number":"33.2-2504","catch_line":"Decisions of Authority","url":"\/33.2-2504\/","token":"33.2\/IV\/25\/33.2-2504","metadata":false},{"id":75320,"structure_id":15727,"section_number":"33.2-2505","catch_line":"Allocation of certain Authority expenses among component counties and cities","url":"\/33.2-2505\/","token":"33.2\/IV\/25\/33.2-2505","metadata":false},{"id":67627,"structure_id":15727,"section_number":"33.2-2506","catch_line":"Payment to members of Authority","url":"\/33.2-2506\/","token":"33.2\/IV\/25\/33.2-2506","metadata":false},{"id":86715,"structure_id":15727,"section_number":"33.2-2507","catch_line":"Formation of advisory committees","url":"\/33.2-2507\/","token":"33.2\/IV\/25\/33.2-2507","metadata":false},{"id":65947,"structure_id":15727,"section_number":"33.2-2508","catch_line":"Responsibilities of Authority for long-range transportation planning","url":"\/33.2-2508\/","token":"33.2\/IV\/25\/33.2-2508","metadata":false},{"id":64456,"structure_id":15727,"section_number":"33.2-2509","catch_line":"Northern Virginia Transportation Authority Fund","url":"\/33.2-2509\/","token":"33.2\/IV\/25\/33.2-2509","metadata":false},{"id":61552,"structure_id":15727,"section_number":"33.2-2510","catch_line":"Use of certain revenues by the Authority","url":"\/33.2-2510\/","token":"33.2\/IV\/25\/33.2-2510","metadata":false},{"id":68084,"structure_id":15727,"section_number":"33.2-2511","catch_line":"Authority to issue bonds","url":"\/33.2-2511\/","token":"33.2\/IV\/25\/33.2-2511","metadata":false},{"id":64026,"structure_id":15727,"section_number":"33.2-2512","catch_line":"Other duties and responsibilities of Authority","url":"\/33.2-2512\/","token":"33.2\/IV\/25\/33.2-2512","metadata":false}],"previous_section":{"id":64456,"structure_id":15727,"section_number":"33.2-2509","catch_line":"Northern Virginia Transportation Authority Fund","url":"\/33.2-2509\/","token":"33.2\/IV\/25\/33.2-2509","metadata":false},"next_section":{"id":68084,"structure_id":15727,"section_number":"33.2-2511","catch_line":"Authority to issue bonds","url":"\/33.2-2511\/","token":"33.2\/IV\/25\/33.2-2511","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-2510\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapter 896<\/a> 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. 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 2009, chapters 410<\/a> and 556<\/a>; in 2013, chapter 766<\/a>; in 2014, chapter 805<\/a>; in 2015, chapter 458<\/a>; in 2016, chapter 225<\/a>; in 2019, chapter 749<\/a>.<\/p>","references":[{"id":56779,"section_number":"15.2-2223","catch_line":"Comprehensive plan to be prepared and adopted; scope and purpose","order_by":null,"url":"\/15.2-2223\/"},{"id":75320,"section_number":"33.2-2505","catch_line":"Allocation of certain Authority expenses among component counties and cities","order_by":null,"url":"\/33.2-2505\/"},{"id":64456,"section_number":"33.2-2509","catch_line":"Northern Virginia Transportation Authority Fund","order_by":null,"url":"\/33.2-2509\/"},{"id":68408,"section_number":"33.2-3404","catch_line":"Local transportation support for WMATA","order_by":null,"url":"\/33.2-3404\/"}],"refers_to":[{"id":58174,"section_number":"33.2-1800","catch_line":"Definitions","order_by":null,"url":"\/33.2-1800\/"},{"id":81578,"section_number":"33.2-2500","catch_line":"Northern Virginia Transportation Authority created","order_by":null,"url":"\/33.2-2500\/"},{"id":68084,"section_number":"33.2-2511","catch_line":"Authority to issue bonds","order_by":null,"url":"\/33.2-2511\/"},{"id":63213,"section_number":"58.1-3221.3","catch_line":"Classification of certain commercial and industrial real property and taxation of such property by certain localities","order_by":null,"url":"\/58.1-3221.3\/"}],"permalink":{"id":207409,"object_type":"law","relational_id":61552,"identifier":"33.2-2510","token":"33.2\/IV\/25\/33.2-2510","url":"\/33.2-2510\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-2510\/","token":"33.2\/IV\/25\/33.2-2510","dublin_core":{"Title":"Use of certain revenues by the Authority","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-2510","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All moneys received by the Authority and the proceeds of bonds<\/span> issued pursuant to § 33.2-2511<\/a> shall be used by the Authority solely for transportation purposes benefiting those counties and cities that are embraced by the Authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. Except as provided in subdivision 2, 30 percent of the revenues received by the Authority under subsection A shall be distributed on a pro rata basis, with each locality’s share being the total of such fee and taxes received by the Authority that are generated or attributable to the locality divided by the total of such fee and taxes received by the Authority. Of the revenues distributed pursuant to this subsection, as determined solely by the applicable locality, such revenues shall be used for additional urban or secondary highway construction<\/span>, for other capital improvements that reduce congestion, for other transportation capital improvements that have been approved by the most recent long-range transportation plan adopted by the Authority, or for public transportation<\/span> purposes. None of the revenue distributed by this subsection may be used to repay debt issued before July 1, 2013. Each locality shall create a separate, special fund in which all revenues received pursuant to this subsection and from the tax imposed pursuant to \u00a7 58.1-3221.3<\/a> shall be deposited. Each locality shall provide annually to the Authority sufficient documentation as required by the Authority showing that the funds distributed under this subsection were used as required by this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If a locality has not deposited into its special fund (i) revenues from the tax collected under § 58.1-3221.3<\/a> pursuant to the maximum tax rate allowed under that section or (ii) an amount, from sources other than moneys received from the Authority, that is equivalent to the revenue that the locality would receive if it was imposing the maximum tax authorized by § 58.1-3221.3<\/a>, then the amount of revenue distributed to the locality pursuant to subdivision 1 shall be reduced by the difference between the amount of revenue that the locality would receive if it was imposing the maximum tax authorized by such section and the amount of revenue deposited into its special fund pursuant to clause (i) or (ii), as applicable. The amount of any such reduction in revenue shall be redistributed according to subsection C. The provisions of this subdivision shall be ongoing and apply over annual periods as determined by the Authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. The remaining 70 percent of the revenues received by the Authority under subsection A, plus the amount of any revenue to be redistributed pursuant to subsection B, shall be used by the Authority solely to fund transportation projects selected by the Authority that are contained in the regional transportation plan in accordance with subdivision 1 of \u00a7 33.2-2500<\/a> and that have been rated in accordance with subdivision 2 of \u00a7 33.2-2500<\/a>. For only those regional funds received in fiscal year 2014, the requirement for rating in accordance with subdivision 2 of \u00a7 33.2-2500<\/a> shall not apply. The Authority shall give priority to selecting projects that are expected to provide the greatest congestion reduction relative to the cost of the project and shall document this information for each project selected. Such projects selected by the Authority for funding shall be located (i) only in localities embraced by the Authority or (ii) in adjacent localities but only to the extent that such extension is an insubstantial part of the project and is essential to the viability of the project within the localities embraced by the Authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Not less than 15 days prior to any decision by the Authority for the expenditure of funds pursuant to subdivision 1 for any project to create or improve any transportation facility, the Authority shall make the following publicly available: (i) the project evaluation pursuant to subdivision 2 of § 33.2-2500<\/a>, (ii) the total amount of funds from the Authority to be used for the project, (iii) the total amount of funds from sources other than the Authority to be used for the project, and (iv) any other rating or scoring of other factors to be taken into account by the Authority related to each such transportation facility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> All transportation projects undertaken by the Authority shall be completed by private contractors accompanied by performance measurement standards, and all contracts<\/span> shall contain a provision granting the Authority the option to terminate the contract<\/span> if contractors do not meet such standards. Notwithstanding the foregoing, any locality may provide engineering services or right-of-way acquisition for any project with its own forces. The Authority shall avail itself of the strategies permitted under the Public-Private Transportation Act (§ 33.2-1800<\/a> et seq.) whenever feasible and advantageous. The Authority is independent of any state or local entity, including the Department<\/span> and the Commonwealth Transportation Board<\/span>, but the Authority, the Department<\/span>, and the Commonwealth Transportation Board<\/span> shall consult with one another to avoid duplication of efforts and, at the option of the Authority, may combine efforts to complete specific projects. Notwithstanding the foregoing, at the request of the Authority, the Department<\/span> may provide the Authority with engineering services or right-of-way acquisition for the project with its own forces. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> With regard to the revenues distributed under subdivision 1, each locality’s total long-term benefit shall be approximately equal to the proportion of the total of the fees and taxes received by the Authority that are generated by or attributable to the locality divided by the total of such fees and taxes received by the Authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For road construction and improvements pursuant to subsection B, the Department<\/span> may, on a reimbursement basis, provide the locality with planning, engineering, right-of-way, and construction services for projects funded in whole by the revenues provided to the locality by the Authority. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUSE OF CERTAIN REVENUES BY THE AUTHORITY (\u00a7 33.2-2510)\n\nA. All moneys received by the Authority and the proceeds of bonds issued\npursuant to § 33.2-2511 shall be used by the Authority solely for\ntransportation purposes benefiting those counties and cities that are embraced\nby the Authority.\n\nB. 1. Except as provided in subdivision 2, 30 percent of the revenues received\nby the Authority under subsection A shall be distributed on a pro rata basis,\nwith each locality’s share being the total of such fee and taxes received\nby the Authority that are generated or attributable to the locality divided by\nthe total of such fee and taxes received by the Authority. Of the revenues\ndistributed pursuant to this subsection, as determined solely by the applicable\nlocality, such revenues shall be used for additional urban or secondary highway\nconstruction, for other capital improvements that reduce congestion, for other\ntransportation capital improvements that have been approved by the most recent\nlong-range transportation plan adopted by the Authority, or for public\ntransportation purposes. None of the revenue distributed by this subsection may\nbe used to repay debt issued before July 1, 2013. Each locality shall create a\nseparate, special fund in which all revenues received pursuant to this\nsubsection and from the tax imposed pursuant to \u00a7 58.1-3221.3 shall be\ndeposited. Each locality shall provide annually to the Authority sufficient\ndocumentation as required by the Authority showing that the funds distributed\nunder this subsection were used as required by this subsection.\n\n 2. If a locality has not deposited into its special fund (i) revenues from the\n tax collected under § 58.1-3221.3 pursuant to the maximum tax rate\n allowed under that section or (ii) an amount, from sources other than moneys\n received from the Authority, that is equivalent to the revenue that the\n locality would receive if it was imposing the maximum tax authorized by §\n 58.1-3221.3, then the amount of revenue distributed to the locality pursuant\n to subdivision 1 shall be reduced by the difference between the amount of\n revenue that the locality would receive if it was imposing the maximum tax\n authorized by such section and the amount of revenue deposited into its\n special fund pursuant to clause (i) or (ii), as applicable. The amount of any\n such reduction in revenue shall be redistributed according to subsection C.\n The provisions of this subdivision shall be ongoing and apply over annual\n periods as determined by the Authority.\n\nC. 1. The remaining 70 percent of the revenues received by the Authority under\nsubsection A, plus the amount of any revenue to be redistributed pursuant to\nsubsection B, shall be used by the Authority solely to fund transportation\nprojects selected by the Authority that are contained in the regional\ntransportation plan in accordance with subdivision 1 of \u00a7 33.2-2500 and that\nhave been rated in accordance with subdivision 2 of \u00a7 33.2-2500. For only those\nregional funds received in fiscal year 2014, the requirement for rating in\naccordance with subdivision 2 of \u00a7 33.2-2500 shall not apply. The Authority\nshall give priority to selecting projects that are expected to provide the\ngreatest congestion reduction relative to the cost of the project and shall\ndocument this information for each project selected. Such projects selected by\nthe Authority for funding shall be located (i) only in localities embraced by\nthe Authority or (ii) in adjacent localities but only to the extent that such\nextension is an insubstantial part of the project and is essential to the\nviability of the project within the localities embraced by the Authority.\n\n 2. Not less than 15 days prior to any decision by the Authority for the\n expenditure of funds pursuant to subdivision 1 for any project to create or\n improve any transportation facility, the Authority shall make the following\n publicly available: (i) the project evaluation pursuant to subdivision 2 of\n § 33.2-2500, (ii) the total amount of funds from the Authority to be used\n for the project, (iii) the total amount of funds from sources other than the\n Authority to be used for the project, and (iv) any other rating or scoring of\n other factors to be taken into account by the Authority related to each such\n transportation facility.\n\n 3. All transportation projects undertaken by the Authority shall be completed\n by private contractors accompanied by performance measurement standards, and\n all contracts shall contain a provision granting the Authority the option to\n terminate the contract if contractors do not meet such standards.\n Notwithstanding the foregoing, any locality may provide engineering services\n or right-of-way acquisition for any project with its own forces. The Authority\n shall avail itself of the strategies permitted under the Public-Private\n Transportation Act (§ 33.2-1800 et seq.) whenever feasible and\n advantageous. The Authority is independent of any state or local entity,\n including the Department and the Commonwealth Transportation Board, but the\n Authority, the Department, and the Commonwealth Transportation Board shall\n consult with one another to avoid duplication of efforts and, at the option of\n the Authority, may combine efforts to complete specific projects.\n Notwithstanding the foregoing, at the request of the Authority, the Department\n may provide the Authority with engineering services or right-of-way\n acquisition for the project with its own forces.\n\n 4. With regard to the revenues distributed under subdivision 1, each\n locality’s total long-term benefit shall be approximately equal to the\n proportion of the total of the fees and taxes received by the Authority that\n are generated by or attributable to the locality divided by the total of such\n fees and taxes received by the Authority.\n\nD. For road construction and improvements pursuant to subsection B, the\nDepartment may, on a reimbursement basis, provide the locality with planning,\nengineering, right-of-way, and construction services for projects funded in\nwhole by the revenues provided to the locality by the Authority.\n\nHISTORY: 2007, c. 896, \u00a7 15.2-4838.1; 2009, cc. 410, 556; 2013, c. 766; 2014,\nc. 805; 2015, c. 458; 2016, c. 225; 2019, c. 749.","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}}