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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>84701</law_id><section_number>33.2-1701</section_number><catch_line>General powers of Commonwealth Transportation Board</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>33.2-1520</reference><reference>33.2-1526.2</reference><reference>33.2-365</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="33.2">Highways and Other Surface Transportation Systems</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Transportation Funding and Development</unit><unit label="chapter" level="3" order_by="1" identifier="17">Transportation Development and Revenue Bond Act</unit></structure><text>
						<section><p>The <span class="dictionary">Board</span> may, subject to the provisions of this chapter:</p></section>
						<section id="1"><p><span class="prefix-number">1.</span> Acquire by purchase or by condemnation, construct, improve, operate, and maintain any one or more of the <span class="dictionary">projects</span> mentioned and included in the <span class="dictionary">undertaking</span> as defined in &#xA7; <a class="law" title="Definitions" href="/33.2-1700/">33.2-1700</a>; <a id="paragraph-303570" class="section-permalink" href="https://vacode.org/33.2-1701/#1"><i class="fa fa-link"/></a></p></section>
						<section id="2"><p><span class="prefix-number">2.</span> <span class="dictionary">Issue</span> revenue <span class="dictionary">bonds</span> of the Commonwealth to be known and designated as &#x201C;Commonwealth of Virginia Toll Revenue <span class="dictionary">Bonds</span>,&#x201D; payable from earnings and from any other available sources of funds, to pay the cost of such <span class="dictionary">projects</span>; <a id="paragraph-303571" class="section-permalink" href="https://vacode.org/33.2-1701/#2"><i class="fa fa-link"/></a></p></section>
						<section id="3"><p><span class="prefix-number">3.</span> Subject to the limitations and approvals of &#xA7; <a class="law" title="Limitations and approvals for certain revenue bonds" href="/33.2-1712/">33.2-1712</a>, <span class="dictionary">issue</span> revenue <span class="dictionary">bonds</span> of the Commonwealth to be known and designated as &#x201C;Commonwealth of Virginia Transportation <span class="dictionary">Contract</span> Revenue <span class="dictionary">Bonds</span>,&#x201D; secured by Transportation Trust Fund <span class="dictionary">revenues</span> under a payment agreement between the <span class="dictionary">Board</span> and the Treasury <span class="dictionary">Board</span>, subject to their appropriation by the General Assembly and payable first from <span class="dictionary">revenues</span> received pursuant to <span class="dictionary">contracts</span> with a <span class="dictionary">primary highway</span> transportation improvement district or transportation service district or other local revenue sources for which specific funding of any such <span class="dictionary">bonds</span> may be authorized by <span class="dictionary">law</span>; second, to the extent required, from funds appropriated and allocated, pursuant to the highway allocation formula as provided by <span class="dictionary">law</span>, to the <span class="dictionary">highway construction</span> district in which the <span class="dictionary">project</span> to be financed is located or to the county or counties in which the <span class="dictionary">project</span> to be financed is located; and third, to the extent required, from other legally available <span class="dictionary">revenues</span> of the Transportation Trust Fund and from any other available source of funds; <a id="paragraph-303572" class="section-permalink" href="https://vacode.org/33.2-1701/#3"><i class="fa fa-link"/></a></p></section>
						<section id="4"><p><span class="prefix-number">4.</span> <span class="dictionary">Issue</span> revenue <span class="dictionary">bonds</span> of the Commonwealth to be known and designated as &#x201C;Commonwealth of Virginia Transportation Revenue <span class="dictionary">Bonds</span>,&#x201D; secured (i) by <span class="dictionary">revenues</span> received from the U.S. Route 58 Corridor Development Fund, subject to their appropriation by the General Assembly; (ii) to the extent required, from <span class="dictionary">revenues</span> legally available from the Transportation Trust Fund; and (iii) to the extent required, from any other legally available funds that have been appropriated by the General Assembly; <a id="paragraph-303573" class="section-permalink" href="https://vacode.org/33.2-1701/#4"><i class="fa fa-link"/></a></p></section>
						<section id="5"><p><span class="prefix-number">5.</span> <span class="dictionary">Issue</span> revenue <span class="dictionary">bonds</span> of the Commonwealth to be known and designated as &#x201C;Commonwealth of Virginia Transportation Revenue <span class="dictionary">Bonds</span>,&#x201D; secured, subject to their appropriation by the General Assembly, (i) first from <span class="dictionary">revenues</span> received from the Northern Virginia Transportation District Fund; (ii) to the extent required, from funds appropriated and allocated, pursuant to the highway allocation formula as provided by <span class="dictionary">law</span>, to the <span class="dictionary">highway construction</span> district in which the <span class="dictionary">project</span> to be financed is located or to the city or county in which the <span class="dictionary">project</span> to be financed is located; (iii) to the extent required, from legally available <span class="dictionary">revenues</span> of the Transportation Trust Fund; and (iv) from such other funds that may be appropriated by the General Assembly; <a id="paragraph-303574" class="section-permalink" href="https://vacode.org/33.2-1701/#5"><i class="fa fa-link"/></a></p></section>
						<section id="6"><p><span class="prefix-number">6.</span> <span class="dictionary">Issue</span> revenue <span class="dictionary">bonds</span> of the Commonwealth to be known and designated as &#x201C;Commonwealth of Virginia Transportation Program Revenue <span class="dictionary">Bonds</span>,&#x201D; secured, subject to their appropriation by the General Assembly, (i) first from any <span class="dictionary">revenues</span> received from any Set-aside Fund established by the General Assembly pursuant to &#xA7; <a class="law" title="Transportation Improvement Program Set-aside Fund" href="/58.1-816.1/">58.1-816.1</a>; (ii) to the extent required, from <span class="dictionary">revenues</span> received pursuant to any <span class="dictionary">contract</span> with a locality or any alternative mechanism for generation of local <span class="dictionary">revenues</span> for specific funding of a <span class="dictionary">project</span> satisfactory to the <span class="dictionary">Board</span>; (iii) to the extent required, from funds appropriated and allocated, pursuant to the highway allocation formula as provided by <span class="dictionary">law</span>, to the <span class="dictionary">highway construction</span> district in which the <span class="dictionary">project</span> to be financed is located or to the city or county in which the <span class="dictionary">project</span> to be financed is located; (iv) to the extent required, from legally available <span class="dictionary">revenues</span> of the Transportation Trust Fund; and (v) from such other funds that may be appropriated by the General Assembly. No <span class="dictionary">bonds</span> for any <span class="dictionary">project</span> shall be issued under the authority of this subdivision unless such <span class="dictionary">project</span> is specifically included in a bill or resolution passed by the General Assembly; <a id="paragraph-303575" class="section-permalink" href="https://vacode.org/33.2-1701/#6"><i class="fa fa-link"/></a></p></section>
						<section id="7"><p><span class="prefix-number">7.</span> <span class="dictionary">Issue</span> revenue <span class="dictionary">bonds</span> of the Commonwealth to be known and designated as &#x201C;Commonwealth of Virginia Transportation Program Revenue <span class="dictionary">Bonds</span>,&#x201D; secured, subject to their appropriation by the General Assembly, (i) first from any <span class="dictionary">revenues</span> received from the Commonwealth Transit Capital Fund established by the General Assembly pursuant to &#xA7; <a class="law" title="Commonwealth Transit Capital Fund" href="/33.2-1526.2/">33.2-1526.2</a>; (ii) to the extent required, from legally available <span class="dictionary">revenues</span> of the Transportation Trust Fund; and (iii) from such other funds that may be appropriated by the General Assembly. No <span class="dictionary">bonds</span> for any <span class="dictionary">project</span> shall be issued under the authority of this subdivision unless such <span class="dictionary">project</span> is specifically included in a bill or resolution passed by the General Assembly; <a id="paragraph-303576" class="section-permalink" href="https://vacode.org/33.2-1701/#7"><i class="fa fa-link"/></a></p></section>
						<section id="8"><p><span class="prefix-number">8.</span> <span class="dictionary">Issue</span> revenue <span class="dictionary">bonds</span> of the Commonwealth to be known and designated as &#x201C;Commonwealth of Virginia Federal Highway Reimbursement Anticipation Notes,&#x201D; secured, subject to their appropriation by the General Assembly, (i) first from any federal highway reimbursements and any other federal highway assistance received by the Commonwealth; (ii) then, at the discretion of the <span class="dictionary">Board</span>, to the extent required, from legally available <span class="dictionary">revenues</span> of the Transportation Trust Fund; and (iii) then from such other funds, if any, that are designated by the General Assembly for such purpose; <a id="paragraph-303577" class="section-permalink" href="https://vacode.org/33.2-1701/#8"><i class="fa fa-link"/></a></p></section>
						<section id="9"><p><span class="prefix-number">9.</span> <span class="dictionary">Issue</span> revenue <span class="dictionary">bonds</span> of the Commonwealth to be known and designated as &#x201C;Commonwealth of Virginia Credit Assistance Revenue <span class="dictionary">Bonds</span>,&#x201D; secured, subject to their appropriation by the General Assembly, solely from <span class="dictionary">revenues</span> with respect to or generated by the <span class="dictionary">project</span> being financed thereby and any tolls or other <span class="dictionary">revenues</span> pledged by the <span class="dictionary">Board</span> as security therefor and in accordance with the applicable federal credit assistance authorized with respect to such <span class="dictionary">project</span> by the U.S. <span class="dictionary">Department</span> of Transportation; <a id="paragraph-303578" class="section-permalink" href="https://vacode.org/33.2-1701/#9"><i class="fa fa-link"/></a></p></section>
						<section id="10"><p><span class="prefix-number">10.</span> <span class="dictionary">Issue</span> revenue <span class="dictionary">bonds</span> of the Commonwealth to be known and designated as &#x201C;Commonwealth of Virginia Transportation Capital <span class="dictionary">Projects</span> Revenue <span class="dictionary">Bonds</span>,&#x201D; secured, subject to their appropriation by the General Assembly, (i) from the <span class="dictionary">revenues</span> deposited into the Priority Transportation Fund established pursuant to &#xA7; <a class="law" title="Priority Transportation Fund" href="/33.2-1527/">33.2-1527</a>; (ii) to the extent required, from <span class="dictionary">revenues</span> legally available from the Transportation Trust Fund; and (iii) to the extent required, from any other legally available funds; <a id="paragraph-303579" class="section-permalink" href="https://vacode.org/33.2-1701/#10"><i class="fa fa-link"/></a></p></section>
						<section id="11"><p><span class="prefix-number">11.</span> <span class="dictionary">Issue</span> grant anticipation notes of the Commonwealth from time to time to be known and designated as &#x201C;Commonwealth of Virginia Federal Transportation Grant Anticipation Revenue Notes,&#x201D; secured, subject to their appropriation by the General Assembly, (i) first from the <span class="dictionary">project</span>-specific reimbursements pursuant to &#xA7; <a class="law" title="Application of project-specific reimbursements" href="/33.2-1520/">33.2-1520</a>; (ii) then, at the discretion of the <span class="dictionary">Board</span>, to the extent required, from legally available <span class="dictionary">revenues</span> of the Transportation Trust Fund; and (iii) then from such other funds, if any, that are designated by the General Assembly for such purpose; <a id="paragraph-303580" class="section-permalink" href="https://vacode.org/33.2-1701/#11"><i class="fa fa-link"/></a></p></section>
						<section id="12"><p><span class="prefix-number">12.</span> <span class="dictionary">Issue</span> revenue <span class="dictionary">bonds</span> of the Commonwealth to be known and designated as &#x201C;Commonwealth of Virginia Interstate 81 Program Revenue <span class="dictionary">Bonds</span>,&#x201D; secured, subject to appropriation by the General Assembly, by <span class="dictionary">revenues</span> received from the Interstate 81 Corridor Improvement Fund from deposits thereto pursuant to &#xA7; <a class="law" title="Disposition of tax revenues" href="/58.1-2299.20/">58.1-2299.20</a> derived from the receipt of the regional fuels tax levied pursuant to &#xA7; <a class="law" title="Levy; payment of tax" href="/58.1-2295/">58.1-2295</a>; <a id="paragraph-303581" class="section-permalink" href="https://vacode.org/33.2-1701/#12"><i class="fa fa-link"/></a></p></section>
						<section id="13"><p><span class="prefix-number">13.</span> Fix and collect tolls and other charges for the use of such <span class="dictionary">projects</span> or to refinance the cost of such <span class="dictionary">projects</span>; <a id="paragraph-303582" class="section-permalink" href="https://vacode.org/33.2-1701/#13"><i class="fa fa-link"/></a></p></section>
						<section id="14"><p><span class="prefix-number">14.</span> Construct grade separations at intersections of any <span class="dictionary">projects</span> with public <span class="dictionary">highways</span>, railways, or streets and adjust the lines and grades thereof so as to accommodate the same to the design of such grade separations, the cost of such grade separations and any damage incurred in adjusting the lines and grades of such <span class="dictionary">highways</span>, railways, or streets to be ascertained and paid by the <span class="dictionary">Board</span> as a part of the cost of the <span class="dictionary">project</span>; <a id="paragraph-303583" class="section-permalink" href="https://vacode.org/33.2-1701/#14"><i class="fa fa-link"/></a></p></section>
						<section id="15"><p><span class="prefix-number">15.</span> Vacate or change the location of any portion of any public highway and reconstruct the same at such new location as the <span class="dictionary">Board</span> deems most favorable for the <span class="dictionary">project</span> and of substantially the same type and in as good condition as the original highway, the cost of such reconstruction and any damage incurred in vacating or changing the location thereof to be ascertained and paid by the <span class="dictionary">Board</span> as a part of the cost of the <span class="dictionary">project</span>. Any public highway vacated or relocated by the <span class="dictionary">Board</span> shall be vacated or relocated in the manner provided by <span class="dictionary">law</span> for the vacation or relocation of public <span class="dictionary">highways</span>, and any <span class="dictionary">damages</span> awarded on account thereof may be paid by the <span class="dictionary">Board</span> as a part of the cost of the <span class="dictionary">project</span>; <a id="paragraph-303584" class="section-permalink" href="https://vacode.org/33.2-1701/#15"><i class="fa fa-link"/></a></p></section>
						<section id="16"><p><span class="prefix-number">16.</span> Make reasonable regulations for the installation, construction, <span class="dictionary">maintenance</span>, repair, renewal, and relocation of pipes, mains, sewers, conduits, cables, wires, towers, poles, and other equipment and appliances, referred to in this subdivision as &#x201C;public utility facilities,&#x201D; of the Commonwealth and of any locality, political subdivision, public utility, or public service corporation owning or operating the same in, on, along, over, or under the project. Whenever the <span class="dictionary">Board</span> determines that it is necessary that any such public utility facilities should be relocated or removed, the Commonwealth or such locality, political subdivision, public utility, or public service corporation shall relocate or remove the same in accordance with the <span class="dictionary">order</span> of the <span class="dictionary">Board</span>. The cost and expense of such relocation or removal, including the cost of installing such public utility facilities in a new location or locations, the cost of any lands or any rights or interests in lands, and any other rights acquired to accomplish such relocation or removal, shall be ascertained by the <span class="dictionary">Board</span>.
			On any <span class="dictionary">toll project</span>, the <span class="dictionary">Board</span> shall pay the cost and expense of relocation or removal as a part of the cost of the project for those public utility facilities owned or operated by the Commonwealth or such locality, political subdivision, public utility, or public service corporation. On all other <span class="dictionary">projects</span> under this chapter, the <span class="dictionary">Board</span> shall pay the cost and expense of relocation or removal as a part of the cost of the project for those public utility facilities owned or operated by the Commonwealth or such locality or political subdivision. The Commonwealth or such locality, political subdivision, public utility, or public service corporation may maintain and operate such public utility facilities with the necessary appurtenances in the new location for as long a period and upon the same terms and conditions as it had the right to maintain and operate such public utility facilities in their former location; <a id="paragraph-303585" class="section-permalink" href="https://vacode.org/33.2-1701/#16"><i class="fa fa-link"/></a></p></section>
						<section id="17"><p><span class="prefix-number">17.</span> Acquire by the exercise of the power of eminent domain any lands, property, rights, rights-of-way, franchises, easements, and other property, including public lands, parks, playgrounds, reservations, <span class="dictionary">highways</span>, or parkways, or parts thereof or rights therein, of any locality or political subdivision, deemed necessary or convenient for the construction or the efficient operation of the project or necessary in the restoration, replacement, or relocation of public or private property damaged or destroyed.
			The cost of such <span class="dictionary">projects</span> shall be paid solely from the proceeds of Commonwealth of Virginia Toll or Transportation <span class="dictionary">Contract</span> Revenue <span class="dictionary">Bonds</span> or a combination thereof or from such proceeds and from any grant or contribution that may be made thereto pursuant to the provisions of this chapter; <a id="paragraph-303586" class="section-permalink" href="https://vacode.org/33.2-1701/#17"><i class="fa fa-link"/></a></p></section>
						<section id="18"><p><span class="prefix-number">18.</span> Notwithstanding any provision of this chapter to the contrary, the <span class="dictionary">Board</span> shall be authorized to exercise the powers conferred in this chapter, in addition to its general powers to acquire rights-of-way and to construct, operate, and maintain state <span class="dictionary">highways</span>, with respect to any project that the General Assembly has authorized or may hereafter authorize to be financed in whole or in part through the issuance of <span class="dictionary">bonds</span> of the Commonwealth pursuant to the provisions of Article X, &#xA7; 9 (c) of the Constitution of Virginia; <a id="paragraph-303587" class="section-permalink" href="https://vacode.org/33.2-1701/#18"><i class="fa fa-link"/></a></p></section>
						<section id="19"><p><span class="prefix-number">19.</span> Enter into any agreements or take such other actions as the <span class="dictionary">Board</span> determines in connection with applying for or obtaining any federal credit assistance, including without limitation loan guarantees and lines of credit, pursuant to authorization from the U.S. <span class="dictionary">Department</span> of Transportation with respect to any project included in the Commonwealth&#x2019;s long-range transportation plan and the approved State Transportation Improvement Program; <a id="paragraph-303588" class="section-permalink" href="https://vacode.org/33.2-1701/#19"><i class="fa fa-link"/></a></p></section>
						<section id="20"><p><span class="prefix-number">20.</span> <span class="dictionary">Issue</span> revenue <span class="dictionary">bonds</span> of the Commonwealth to be known and designated as &#x201C;Commonwealth of Virginia Passenger Rail Facilities <span class="dictionary">Bonds</span>,&#x201D; secured, subject to their appropriation by the General Assembly from net <span class="dictionary">revenues</span> resulting from tolls, rates, fees, and charges for or in connection with the use, occupancy, and services of the Transform 66 Inside the Beltway express lanes project and remaining after payment of expenses incurred in operating such project&#x2019;s toll facilities; and <a id="paragraph-303589" class="section-permalink" href="https://vacode.org/33.2-1701/#20"><i class="fa fa-link"/></a></p></section>
						<section id="21"><p><span class="prefix-number">21.</span> <span class="dictionary">Issue</span> revenue <span class="dictionary">bonds</span> of the Commonwealth to be known and designated as &#x201C;Commonwealth of Virginia Special Structures Program Revenue <span class="dictionary">Bonds</span>,&#x201D; secured, subject to their appropriation by the General Assembly, (i) first from <span class="dictionary">revenues</span> received from the Special Structure Fund pursuant to &#xA7; <a class="law" title="Special Structure Fund" href="/33.2-1532/">33.2-1532</a>; (ii) second and to the extent required, from <span class="dictionary">revenues</span> legally available from the Transportation Trust Fund; and (iii) then to the extent required, from any other legally available funds. <a id="paragraph-303590" class="section-permalink" href="https://vacode.org/33.2-1701/#21"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 33-229; 1954, c. 319; 1970, c. 322, &#xA7; 33.1-269; 1982, c. 403; 1986, Sp. Sess., c. 13; 1988, cc. 844, 903; 1989, Sp. Sess., cc. 9, 11; 1990, c. 710; 1991, cc. 666, 713; 1993, cc. 391, 793; 1994, cc. 233, 520, 589, 662; 1995, c. 354; 1996, cc. 23, 143; 1999, c. 898; 2000, cc. 1019, 1044; 2004, c. 807; 2007, c. 896; 2011, cc. 830, 868; 2013, c. 639; 2014, c. 805; 2020, cc. 1230, 1275; 2025, c. 327.</history><metadata></metadata></law>
