{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-358.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-358.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-358.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-358.html"}],"law_id":81138,"edition_id":1,"section_id":81138,"structure_id":14294,"section_number":"33.2-358","catch_line":"Allocation of funds to programs","history":"1977, c. 578, \u00a7 33.1-23.1; 1979, c. 84; 1985, c. 42; 1986, c. 572; 2006, c. 937; 2007, c. 305; 2012, cc. 729, 733; 2014, cc. 87, 290, 741, 805; 2015, cc. 676, 684; 2020, cc. 1230, 1275.","full_text":"A\n\nThe Board shall allocate each year from all funds made available for highway purposes such amount as it deems reasonable and necessary for the maintenance of roads within the Interstate System, the primary state highway system, and the secondary state highway system and for city and town street maintenance payments made pursuant to § 33.2-319 and payments made to counties that have withdrawn or elect to withdraw from the secondary state highway system pursuant to § 33.2-366.B\n\nAfter funds are set aside for administrative and general expenses and pursuant to other provisions in this title that provide for the disposition of funds prior to allocation for construction programs, and after allocation is made pursuant to subsection A, the Board shall allocate all remaining funds, including funds apportioned pursuant to 23 U.S.C. \u00a7 104, or any successor programs, as follows:1\n\nThirty percent of the remaining funds to state of good repair purposes as set forth in § 33.2-369;2\n\nTwenty percent of the remaining funds to the high-priority projects program established pursuant to § 33.2-370;3\n\nTwenty percent of the remaining funds to the highway construction district grant programs established pursuant to § 33.2-371;4\n\nTwenty percent of the remaining funds to the Interstate Operations and Enhancement Program established pursuant to § 33.2-372; and5\n\nTen percent of the remaining funds to the Virginia Highway Safety Improvement Program established pursuant to § 33.2-373.C\n\nThe funds allocated in subsection B shall not include the following funds: Congestion Mitigation Air Quality funds apportioned to the state pursuant to 23 U.S.C. § 104(b)(4), or any successor program, and any state matching funds; Surface Transportation Block Grant set-aside for Transportation Alternatives pursuant to 23 U.S.C. § 213, or any successor program, and any state matching funds; Surface Transportation Block Grant Program funds subject to 23 U.S.C. § 133(d)(1)(A)(i), or any successor program, and any state matching funds; and funds received pursuant to federal programs established by the federal government after June 30, 2020, with specific rules that include major restrictions on the types of projects that may be funded, excluding restrictions on the location of projects with regard to highway functional or administrative classification or population, provided such funds are under the control of the Board.D\n\nIn addition, the Board, from funds appropriated for such purpose in the general appropriation act, shall allocate additional funds to the Cities of Newport News, Norfolk, and Portsmouth and the County of Warren in such manner and apportion such funds among such localities as the Board may determine, unless otherwise provided in the general appropriation act. The localities shall use such funds to address highway maintenance and repair needs created by or associated with port operations in those localities.E\n\nNotwithstanding the provisions of this section, the General Assembly may, through the general appropriation act, permit the Governor to increase the amounts to be allocated to highway maintenance, highway construction, either or both.","order_by":null,"text":{"0":{"id":290800,"text":"The Board shall allocate each year from all funds made available for highway purposes such amount as it deems reasonable and necessary for the maintenance of roads within the Interstate System, the primary state highway system, and the secondary state highway system and for city and town street maintenance payments made pursuant to § 33.2-319 and payments made to counties that have withdrawn or elect to withdraw from the secondary state highway system pursuant to § 33.2-366.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":290801,"text":"After funds are set aside for administrative and general expenses and pursuant to other provisions in this title that provide for the disposition of funds prior to allocation for construction programs, and after allocation is made pursuant to subsection A, the Board shall allocate all remaining funds, including funds apportioned pursuant to 23 U.S.C. \u00a7 104, or any successor programs, as follows:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":290802,"text":"Thirty percent of the remaining funds to state of good repair purposes as set forth in § 33.2-369;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":290803,"text":"Twenty percent of the remaining funds to the high-priority projects program established pursuant to § 33.2-370;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":290804,"text":"Twenty percent of the remaining funds to the highway construction district grant programs established pursuant to § 33.2-371;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":290805,"text":"Twenty percent of the remaining funds to the Interstate Operations and Enhancement Program established pursuant to § 33.2-372; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":290806,"text":"Ten percent of the remaining funds to the Virginia Highway Safety Improvement Program established pursuant to § 33.2-373.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":290807,"text":"The funds allocated in subsection B shall not include the following funds: Congestion Mitigation Air Quality funds apportioned to the state pursuant to 23 U.S.C. § 104(b)(4), or any successor program, and any state matching funds; Surface Transportation Block Grant set-aside for Transportation Alternatives pursuant to 23 U.S.C. § 213, or any successor program, and any state matching funds; Surface Transportation Block Grant Program funds subject to 23 U.S.C. § 133(d)(1)(A)(i), or any successor program, and any state matching funds; and funds received pursuant to federal programs established by the federal government after June 30, 2020, with specific rules that include major restrictions on the types of projects that may be funded, excluding restrictions on the location of projects with regard to highway functional or administrative classification or population, provided such funds are under the control of the Board.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":290808,"text":"In addition, the Board, from funds appropriated for such purpose in the general appropriation act, shall allocate additional funds to the Cities of Newport News, Norfolk, and Portsmouth and the County of Warren in such manner and apportion such funds among such localities as the Board may determine, unless otherwise provided in the general appropriation act. The localities shall use such funds to address highway maintenance and repair needs created by or associated with port operations in those localities.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":290809,"text":"Notwithstanding the provisions of this section, the General Assembly may, through the general appropriation act, permit the Governor to increase the amounts to be allocated to highway maintenance, highway construction, either or both.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14294,"edition_id":1,"name":"Allocation of Highway Funds","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12831,"metadata":{},"date_created":"2026-06-26 03:47:37","date_modified":"2026-06-26 03:47:37","permalink":{"id":205955,"object_type":"structure","relational_id":14294,"identifier":"5","token":"33.2\/II\/3\/5","url":"\/33.2\/II\/3\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12831,"edition_id":1,"name":"Highway Systems","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12830,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205741,"object_type":"structure","relational_id":12831,"identifier":"3","token":"33.2\/II\/3","url":"\/33.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12830,"edition_id":1,"name":"Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205369,"object_type":"structure","relational_id":12830,"identifier":"II","token":"33.2\/II","url":"\/33.2\/II\/","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":72011,"structure_id":14294,"section_number":"33.2-351","catch_line":"Definition of \"allocation.\"","url":"\/33.2-351\/","token":"33.2\/II\/3\/5\/33.2-351","metadata":false},{"id":77931,"structure_id":14294,"section_number":"33.2-352","catch_line":"Asset management practices; report","url":"\/33.2-352\/","token":"33.2\/II\/3\/5\/33.2-352","metadata":false},{"id":71190,"structure_id":14294,"section_number":"33.2-353","catch_line":"Commonwealth Transportation Board to develop and update Statewide Transportation Plan","url":"\/33.2-353\/","token":"33.2\/II\/3\/5\/33.2-353","metadata":false},{"id":66165,"structure_id":14294,"section_number":"33.2-354","catch_line":"Commonwealth Transportation Board to develop and update Statewide Pedestrian Policy","url":"\/33.2-354\/","token":"33.2\/II\/3\/5\/33.2-354","metadata":false},{"id":59775,"structure_id":14294,"section_number":"33.2-355","catch_line":"Goals for addressing transportation needs of populations with limited mobility","url":"\/33.2-355\/","token":"33.2\/II\/3\/5\/33.2-355","metadata":false},{"id":64387,"structure_id":14294,"section_number":"33.2-356","catch_line":"Funding for extraordinary repairs","url":"\/33.2-356\/","token":"33.2\/II\/3\/5\/33.2-356","metadata":false},{"id":74518,"structure_id":14294,"section_number":"33.2-357","catch_line":"Revenue-sharing funds for systems in certain localities","url":"\/33.2-357\/","token":"33.2\/II\/3\/5\/33.2-357","metadata":false},{"id":81138,"structure_id":14294,"section_number":"33.2-358","catch_line":"Allocation of funds to programs","url":"\/33.2-358\/","token":"33.2\/II\/3\/5\/33.2-358","metadata":false},{"id":79405,"structure_id":14294,"section_number":"33.2-359","catch_line":"Unpaved secondary highway funds","url":"\/33.2-359\/","token":"33.2\/II\/3\/5\/33.2-359","metadata":false},{"id":84144,"structure_id":14294,"section_number":"33.2-360","catch_line":"Allocation of funds for interstate match","url":"\/33.2-360\/","token":"33.2\/II\/3\/5\/33.2-360","metadata":false},{"id":55565,"structure_id":14294,"section_number":"33.2-361","catch_line":"Repealed","url":"\/33.2-361\/","token":"33.2\/II\/3\/5\/33.2-361","metadata":false},{"id":85834,"structure_id":14294,"section_number":"33.2-363","catch_line":"Construction of U.S. Route 29 bypass","url":"\/33.2-363\/","token":"33.2\/II\/3\/5\/33.2-363","metadata":false},{"id":79199,"structure_id":14294,"section_number":"33.2-364","catch_line":"Repealed","url":"\/33.2-364\/","token":"33.2\/II\/3\/5\/33.2-364","metadata":false},{"id":63826,"structure_id":14294,"section_number":"33.2-365","catch_line":"Allocation of proceeds of Commonwealth of Virginia Transportation Capital Projects Revenue Bonds","url":"\/33.2-365\/","token":"33.2\/II\/3\/5\/33.2-365","metadata":false},{"id":56905,"structure_id":14294,"section_number":"33.2-366","catch_line":"Funds for counties that have withdrawn or elect to withdraw from the secondary state highway system","url":"\/33.2-366\/","token":"33.2\/II\/3\/5\/33.2-366","metadata":false},{"id":70991,"structure_id":14294,"section_number":"33.2-367","catch_line":"Highway aid to mass transit","url":"\/33.2-367\/","token":"33.2\/II\/3\/5\/33.2-367","metadata":false},{"id":67021,"structure_id":14294,"section_number":"33.2-368","catch_line":"Financial plans for transportation construction projects","url":"\/33.2-368\/","token":"33.2\/II\/3\/5\/33.2-368","metadata":false},{"id":81188,"structure_id":14294,"section_number":"33.2-369","catch_line":"State of good repair","url":"\/33.2-369\/","token":"33.2\/II\/3\/5\/33.2-369","metadata":false},{"id":75809,"structure_id":14294,"section_number":"33.2-370","catch_line":"High-priority projects program","url":"\/33.2-370\/","token":"33.2\/II\/3\/5\/33.2-370","metadata":false},{"id":62249,"structure_id":14294,"section_number":"33.2-371","catch_line":"Highway construction district grant programs","url":"\/33.2-371\/","token":"33.2\/II\/3\/5\/33.2-371","metadata":false},{"id":81805,"structure_id":14294,"section_number":"33.2-372","catch_line":"Interstate Operations and Enhancement Program","url":"\/33.2-372\/","token":"33.2\/II\/3\/5\/33.2-372","metadata":false},{"id":69946,"structure_id":14294,"section_number":"33.2-373","catch_line":"Virginia Highway Safety Improvement Program","url":"\/33.2-373\/","token":"33.2\/II\/3\/5\/33.2-373","metadata":false},{"id":86438,"structure_id":14294,"section_number":"33.2-374","catch_line":"Special Structure Program","url":"\/33.2-374\/","token":"33.2\/II\/3\/5\/33.2-374","metadata":false}],"previous_section":{"id":74518,"structure_id":14294,"section_number":"33.2-357","catch_line":"Revenue-sharing funds for systems in certain localities","url":"\/33.2-357\/","token":"33.2\/II\/3\/5\/33.2-357","metadata":false},"next_section":{"id":79405,"structure_id":14294,"section_number":"33.2-359","catch_line":"Unpaved secondary highway funds","url":"\/33.2-359\/","token":"33.2\/II\/3\/5\/33.2-359","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-358\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 578 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 8 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 1979, chapter 84; in 1985, chapter 42; in 1986, chapter 572; in 2007, chapter 305<\/a>; in 2012, chapters 729<\/a> and 733<\/a>; in 2014, chapters 87<\/a>, 290<\/a>, 741<\/a>, and 805<\/a>; in 2015, chapters 676<\/a> and 684<\/a>; in 2020, chapters 1230<\/a> and 1275<\/a>.<\/p>","references":[{"id":68511,"section_number":"15.2-2023","catch_line":"Expenditure of county revenues for certain roads","order_by":null,"url":"\/15.2-2023\/"},{"id":57178,"section_number":"33.2-1510","catch_line":"Fund for access roads and bikeways to public recreational areas and historical sites; construction, maintenance, etc., of such facilities","order_by":null,"url":"\/33.2-1510\/"},{"id":77204,"section_number":"33.2-1524.1","catch_line":"Transportation Trust Fund","order_by":null,"url":"\/33.2-1524.1\/"},{"id":64458,"section_number":"33.2-1527","catch_line":"Priority Transportation Fund","order_by":null,"url":"\/33.2-1527\/"},{"id":54474,"section_number":"33.2-1529","catch_line":"Toll Facilities Revolving Account","order_by":null,"url":"\/33.2-1529\/"},{"id":67082,"section_number":"33.2-1531","catch_line":"Innovation and Technology Transportation Fund","order_by":null,"url":"\/33.2-1531\/"},{"id":57318,"section_number":"33.2-214","catch_line":"Transportation; Six-Year Improvement Program","order_by":null,"url":"\/33.2-214\/"},{"id":71998,"section_number":"33.2-214.1","catch_line":"Statewide prioritization process for project selection","order_by":null,"url":"\/33.2-214.1\/"},{"id":86623,"section_number":"33.2-2401","catch_line":"Northern Virginia Transportation District Program","order_by":null,"url":"\/33.2-2401\/"},{"id":62915,"section_number":"33.2-318","catch_line":"Bypasses through or around cities and towns","order_by":null,"url":"\/33.2-318\/"},{"id":82808,"section_number":"33.2-337","catch_line":"Contributions to primary or secondary state highway construction by counties","order_by":null,"url":"\/33.2-337\/"},{"id":64387,"section_number":"33.2-356","catch_line":"Funding for extraordinary repairs","order_by":null,"url":"\/33.2-356\/"},{"id":74518,"section_number":"33.2-357","catch_line":"Revenue-sharing funds for systems in certain localities","order_by":null,"url":"\/33.2-357\/"},{"id":84144,"section_number":"33.2-360","catch_line":"Allocation of funds for interstate match","order_by":null,"url":"\/33.2-360\/"},{"id":63826,"section_number":"33.2-365","catch_line":"Allocation of proceeds of Commonwealth of Virginia Transportation Capital Projects Revenue Bonds","order_by":null,"url":"\/33.2-365\/"},{"id":56905,"section_number":"33.2-366","catch_line":"Funds for counties that have withdrawn or elect to withdraw from the secondary state highway system","order_by":null,"url":"\/33.2-366\/"},{"id":81188,"section_number":"33.2-369","catch_line":"State of good repair","order_by":null,"url":"\/33.2-369\/"},{"id":75809,"section_number":"33.2-370","catch_line":"High-priority projects program","order_by":null,"url":"\/33.2-370\/"},{"id":62249,"section_number":"33.2-371","catch_line":"Highway construction district grant programs","order_by":null,"url":"\/33.2-371\/"},{"id":69946,"section_number":"33.2-373","catch_line":"Virginia Highway Safety Improvement Program","order_by":null,"url":"\/33.2-373\/"}],"refers_to":[{"id":56954,"section_number":"33.2-319","catch_line":"Payments to cities and certain towns for maintenance of certain highways","order_by":null,"url":"\/33.2-319\/"},{"id":81188,"section_number":"33.2-369","catch_line":"State of good repair","order_by":null,"url":"\/33.2-369\/"},{"id":75809,"section_number":"33.2-370","catch_line":"High-priority projects program","order_by":null,"url":"\/33.2-370\/"},{"id":62249,"section_number":"33.2-371","catch_line":"Highway construction district grant programs","order_by":null,"url":"\/33.2-371\/"},{"id":81805,"section_number":"33.2-372","catch_line":"Interstate Operations and Enhancement Program","order_by":null,"url":"\/33.2-372\/"}],"permalink":{"id":205985,"object_type":"law","relational_id":81138,"identifier":"33.2-358","token":"33.2\/II\/3\/5\/33.2-358","url":"\/33.2-358\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-358\/","token":"33.2\/II\/3\/5\/33.2-358","dublin_core":{"Title":"Allocation of funds to programs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-358","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall allocate each year from all funds made available for highway<\/span> purposes such amount as it deems reasonable and necessary for the maintenance<\/span> of roads within the Interstate System<\/span>, the primary state highway<\/span> system, and the secondary state highway<\/span> system and for city and town street maintenance<\/span> payments made pursuant to § 33.2-319<\/a> and payments made to counties that have withdrawn or elect to withdraw from the secondary state highway<\/span> system pursuant to § 33.2-366<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After funds are set aside for administrative and general expenses and pursuant to other provisions in this title that provide for the disposition<\/span> of funds prior to allocation for construction programs, and after allocation is made pursuant to subsection A, the Board<\/span> shall allocate all remaining funds, including funds apportioned pursuant to 23 U.S.C. \u00a7 104, or any successor programs, as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Thirty percent of the remaining funds to state of good repair purposes as set forth in § 33.2-369<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Twenty percent of the remaining funds to the high-priority projects program established pursuant to § 33.2-370<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Twenty percent of the remaining funds to the highway construction<\/span> district grant programs established pursuant to § 33.2-371<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Twenty percent of the remaining funds to the Interstate Operations and Enhancement Program established pursuant to § 33.2-372<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Ten percent of the remaining funds to the Virginia Highway Safety Improvement Program established pursuant to § 33.2-373<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The funds allocated in subsection B shall not include the following funds: Congestion Mitigation Air Quality funds apportioned to the state pursuant to 23 U.S.C. § 104(b)(4), or any successor program, and any state matching funds; Surface Transportation Block Grant set-aside for Transportation Alternatives pursuant to 23 U.S.C. § 213, or any successor program, and any state matching funds; Surface Transportation Block Grant Program funds subject to 23 U.S.C. § 133(d)(1)(A)(i), or any successor program, and any state matching funds; and funds received pursuant to federal programs established by the federal government after June 30, 2020, with specific rules that include major restrictions on the types of projects that may be funded, excluding restrictions on the location of projects with regard to highway functional or administrative classification or population, provided such funds are under the control of the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In addition, the Board<\/span>, from funds appropriated for such purpose in the general appropriation act, shall allocate additional funds to the Cities of Newport News, Norfolk, and Portsmouth and the County of Warren in such manner and apportion such funds among such localities as the Board<\/span> may determine, unless otherwise provided in the general appropriation act. The localities shall use such funds to address highway maintenance<\/span> and repair needs created by or associated with port operations in those localities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding the provisions of this section, the General Assembly may, through the general appropriation act, permit the Governor to increase the amounts to be allocated to highway maintenance<\/span>, highway construction<\/span>, either or both. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nALLOCATION OF FUNDS TO PROGRAMS (\u00a7 33.2-358)\n\nA. The Board shall allocate each year from all funds made available for highway\npurposes such amount as it deems reasonable and necessary for the maintenance of\nroads within the Interstate System, the primary state highway system, and the\nsecondary state highway system and for city and town street maintenance payments\nmade pursuant to § 33.2-319 and payments made to counties that have\nwithdrawn or elect to withdraw from the secondary state highway system pursuant\nto § 33.2-366.\n\nB. After funds are set aside for administrative and general expenses and\npursuant to other provisions in this title that provide for the disposition of\nfunds prior to allocation for construction programs, and after allocation is\nmade pursuant to subsection A, the Board shall allocate all remaining funds,\nincluding funds apportioned pursuant to 23 U.S.C. \u00a7 104, or any successor\nprograms, as follows:\n\n 1. Thirty percent of the remaining funds to state of good repair purposes as\n set forth in § 33.2-369;\n\n 2. Twenty percent of the remaining funds to the high-priority projects program\n established pursuant to § 33.2-370;\n\n 3. Twenty percent of the remaining funds to the highway construction district\n grant programs established pursuant to § 33.2-371;\n\n 4. Twenty percent of the remaining funds to the Interstate Operations and\n Enhancement Program established pursuant to § 33.2-372; and\n\n 5. Ten percent of the remaining funds to the Virginia Highway Safety\n Improvement Program established pursuant to § 33.2-373.\n\nC. The funds allocated in subsection B shall not include the following funds:\nCongestion Mitigation Air Quality funds apportioned to the state pursuant to 23\nU.S.C. § 104(b)(4), or any successor program, and any state matching funds;\nSurface Transportation Block Grant set-aside for Transportation Alternatives\npursuant to 23 U.S.C. § 213, or any successor program, and any state\nmatching funds; Surface Transportation Block Grant Program funds subject to 23\nU.S.C. § 133(d)(1)(A)(i), or any successor program, and any state matching\nfunds; and funds received pursuant to federal programs established by the\nfederal government after June 30, 2020, with specific rules that include major\nrestrictions on the types of projects that may be funded, excluding restrictions\non the location of projects with regard to highway functional or administrative\nclassification or population, provided such funds are under the control of the\nBoard.\n\nD. In addition, the Board, from funds appropriated for such purpose in the\ngeneral appropriation act, shall allocate additional funds to the Cities of\nNewport News, Norfolk, and Portsmouth and the County of Warren in such manner\nand apportion such funds among such localities as the Board may determine,\nunless otherwise provided in the general appropriation act. The localities shall\nuse such funds to address highway maintenance and repair needs created by or\nassociated with port operations in those localities.\n\nE. Notwithstanding the provisions of this section, the General Assembly may,\nthrough the general appropriation act, permit the Governor to increase the\namounts to be allocated to highway maintenance, highway construction, either or\nboth.\n\nHISTORY: 1977, c. 578, \u00a7 33.1-23.1; 1979, c. 84; 1985, c. 42; 1986, c. 572;\n2006, c. 937; 2007, c. 305; 2012, cc. 729, 733; 2014, cc. 87, 290, 741, 805;\n2015, cc. 676, 684; 2020, cc. 1230, 1275.","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}}