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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>82704</law_id><section_number>33.2-1709</section_number><catch_line>Credit of Commonwealth not pledged</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><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 id="A"><p><span class="prefix-number">A.</span> Commonwealth of Virginia Toll Revenue <span class="dictionary">Bonds</span> issued under the provisions of this chapter shall not be deemed to constitute a debt of the Commonwealth or a pledge of the full faith and credit of the Commonwealth, but such <span class="dictionary">bonds</span> shall be payable solely from the funds provided therefor from tolls and <span class="dictionary">revenues</span> pursuant to this chapter, from <span class="dictionary">bond</span> proceeds or earnings thereon, and from any other available sources of funds. All such <span class="dictionary">bonds</span> shall state on their face that the Commonwealth is not obligated to pay the same or the interest thereon except from the special fund provided therefor from tolls and <span class="dictionary">revenues</span> under this chapter, from <span class="dictionary">bond</span> proceeds or earnings thereon, and from any other available sources of funds, and that the full faith and credit of the Commonwealth are not pledged to the payment of the principal or interest of such <span class="dictionary">bonds</span>. The issuance of such revenue <span class="dictionary">bonds</span> under the provisions of this chapter shall not directly or indirectly or contingently obligate the Commonwealth to <span class="dictionary">levy</span> or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, other than appropriate available funds derived as <span class="dictionary">revenues</span> from tolls and charges under this chapter or derived from <span class="dictionary">bond</span> proceeds or earnings thereon and from any other available sources of funds. <a id="paragraph-296302" class="section-permalink" href="https://vacode.org/33.2-1709/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Commonwealth of Virginia Transportation <span class="dictionary">Contract</span> Revenue <span class="dictionary">Bonds</span> issued under the provisions of this chapter shall not be deemed to constitute a debt of the Commonwealth or a pledge of the full faith and credit of the Commonwealth, but such <span class="dictionary">bonds</span> shall be payable solely from the funds provided therefor pursuant to this chapter (i) from <span class="dictionary">revenues</span> received pursuant to <span class="dictionary">contracts</span> with a <span class="dictionary">primary highway</span> transportation district or transportation service district or any other 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>; (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 county or counties in which such <span class="dictionary">project</span> is located; (iii) from <span class="dictionary">bond</span> proceeds or earnings thereon; (iv) to the extent required, from other legally available <span class="dictionary">revenues</span> of the Transportation Trust Fund; and (v) from any other available source of funds. All such <span class="dictionary">bonds</span> shall state on their face that the Commonwealth is not obligated to pay the same or the interest thereon except from <span class="dictionary">revenues</span> in clauses (i) and (iii) and that the full faith and credit of the Commonwealth are not pledged to the payment of the principal and interest of such <span class="dictionary">bonds</span>. The issuance of such revenue <span class="dictionary">bonds</span> under the provisions of this chapter shall not directly or indirectly or contingently obligate the Commonwealth to <span class="dictionary">levy</span> or to pledge any form of taxation whatever or to make any appropriation for their payment, other than to appropriate available funds derived as <span class="dictionary">revenues</span> under this chapter from the sources set forth in clauses (i) and (iii). Nothing in this chapter shall be construed to obligate the General Assembly to make any appropriation of the funds set forth in clause (ii) or (iv) for payment of such <span class="dictionary">bonds</span>. <a id="paragraph-296303" class="section-permalink" href="https://vacode.org/33.2-1709/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Commonwealth of Virginia Transportation Revenue <span class="dictionary">Bonds</span> issued under the provisions of this chapter shall not be deemed to constitute a debt of the Commonwealth or a pledge of the full faith and credit of the Commonwealth, but such <span class="dictionary">bonds</span> shall be payable solely from the funds provided therefor pursuant to this chapter (i) from <span class="dictionary">revenues</span> received from the U.S. Route 58 Corridor Development Fund established pursuant to &#xA7; <a class="law" title="U.S. Route 58 Corridor Development Fund" href="/33.2-2300/">33.2-2300</a>, 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 may be appropriated by the General Assembly. <a id="paragraph-296304" class="section-permalink" href="https://vacode.org/33.2-1709/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> Commonwealth of Virginia Transportation Revenue <span class="dictionary">Bonds</span> issued under this chapter for Category 1 <span class="dictionary">projects</span> as provided in subdivision 12 of the definition of &#x201C;<span class="dictionary">project</span>&#x201D; in &#xA7; <a class="law" title="Definitions" href="/33.2-1700/">33.2-1700</a> shall not be deemed to constitute a debt of the Commonwealth or a pledge of the full faith and credit of the Commonwealth. Such <span class="dictionary">bonds</span> shall be payable solely, subject to their appropriation by the General Assembly, (i) first from <span class="dictionary">revenues</span> received from the Northern Virginia Transportation District Fund established pursuant to &#xA7; <a class="law" title="Northern Virginia Transportation District Fund" href="/33.2-2400/">33.2-2400</a>; (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-296305" class="section-permalink" href="https://vacode.org/33.2-1709/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> Commonwealth of Virginia Transportation Program Revenue <span class="dictionary">Bonds</span> issued under this chapter for <span class="dictionary">projects</span> defined in subdivision 13 of the definition of &#x201C;<span class="dictionary">project</span>&#x201D; in &#xA7; <a class="law" title="Definitions" href="/33.2-1700/">33.2-1700</a> shall not be deemed to constitute a debt of the Commonwealth or a pledge of the full faith and credit of the Commonwealth. Such <span class="dictionary">bonds</span> shall be payable solely, 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> from the Transportation Trust Fund; and (v) from such other funds that may be appropriated by the General Assembly. <a id="paragraph-296306" class="section-permalink" href="https://vacode.org/33.2-1709/#E"><i class="fa fa-link"/></a></p></section>
						<section id="F"><p><span class="prefix-number">F.</span> Commonwealth of Virginia Federal Highway Reimbursement Anticipation Notes issued under this chapter shall not be deemed to constitute a debt of the Commonwealth or a pledge of the full faith and credit of the Commonwealth, but such obligations shall be payable solely, subject to 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-296307" class="section-permalink" href="https://vacode.org/33.2-1709/#F"><i class="fa fa-link"/></a></p></section>
						<section id="G"><p><span class="prefix-number">G.</span> Commonwealth of Virginia Transportation Credit Assistance Revenue <span class="dictionary">Bonds</span> issued under the provisions of this chapter shall not be deemed to constitute a debt of the Commonwealth or a pledge of the full faith and credit of the Commonwealth, but such obligations shall be payable solely, subject to appropriation by the General Assembly, 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-296308" class="section-permalink" href="https://vacode.org/33.2-1709/#G"><i class="fa fa-link"/></a></p></section>
						<section id="H"><p><span class="prefix-number">H.</span> Commonwealth of Virginia Transportation Capital <span class="dictionary">Projects</span> Revenue <span class="dictionary">Bonds</span> issued under the provisions of this chapter for <span class="dictionary">projects</span> as provided in subdivision 15 of the definition of &#x201C;<span class="dictionary">project</span>&#x201D; in &#xA7; <a class="law" title="Definitions" href="/33.2-1700/">33.2-1700</a> shall not be deemed to constitute a debt of the Commonwealth or a pledge of the full faith and credit of the Commonwealth, but such <span class="dictionary">bonds</span> shall be payable solely, 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-296309" class="section-permalink" href="https://vacode.org/33.2-1709/#H"><i class="fa fa-link"/></a></p></section>
						<section id="I"><p><span class="prefix-number">I.</span> Commonwealth of Virginia Federal Transportation Grant Anticipation Revenue Notes issued under the provisions of Article 4 (&#xA7; <a class="law" title="Definitions" href="/33.2-1511/">33.2-1511</a> et seq.) of Chapter 15 and this chapter shall not be deemed to constitute a debt of the Commonwealth or a pledge of the full faith and credit of the Commonwealth, but such notes shall be payable solely, 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-296310" class="section-permalink" href="https://vacode.org/33.2-1709/#I"><i class="fa fa-link"/></a></p></section>
						<section id="J"><p><span class="prefix-number">J.</span> Commonwealth of Virginia Interstate 81 Program Revenue <span class="dictionary">Bonds</span> issued under the provisions of this chapter shall not be deemed to constitute a debt of the Commonwealth or a pledge of the full faith and credit of the Commonwealth, but such <span class="dictionary">bonds</span> shall be payable solely from the funds provided therefor pursuant to this chapter, subject to their appropriation by the General Assembly, from <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-296311" class="section-permalink" href="https://vacode.org/33.2-1709/#J"><i class="fa fa-link"/></a></p></section>
						<section id="K"><p><span class="prefix-number">K.</span> Commonwealth of Virginia Passenger Rail Facilities <span class="dictionary">Bonds</span> issued under the provisions of this chapter shall not be deemed to constitute a debt of the Commonwealth or a pledge of the full faith and credit of the Commonwealth but such <span class="dictionary">bonds</span> shall be payable solely from the funds provided therefor from tolls, rates, fees, and charges pursuant to this chapter. All such <span class="dictionary">bonds</span> shall state on their face that the Commonwealth is not obligated to pay the same or the interest thereon except from <span class="dictionary">revenues</span> and funds provided from tolls, rates, fees, and charges pursuant to this chapter and the full faith and credit of the Commonwealth are not pledged to the payment of the principal of and interest on such <span class="dictionary">bonds</span>. The issuance of such revenue <span class="dictionary">bonds</span> under the provisions of this chapter shall not directly or indirectly or contingently obligate the Commonwealth to <span class="dictionary">levy</span> or to pledge any form of taxation whatsoever or to make any appropriation for their payment, other than to appropriate available funds from pledged <span class="dictionary">revenues</span>. <a id="paragraph-296312" class="section-permalink" href="https://vacode.org/33.2-1709/#K"><i class="fa fa-link"/></a></p></section>
						<section id="L"><p><span class="prefix-number">L.</span> Commonwealth of Virginia Special Structures Program Revenue <span class="dictionary">Bonds</span> issued under the provisions of this chapter shall not be deemed to constitute a debt of the Commonwealth or a pledge of the full faith and credit of the Commonwealth, but such <span class="dictionary">bonds</span> shall be payable solely from the funds provided therefor pursuant to this chapter, 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-296313" class="section-permalink" href="https://vacode.org/33.2-1709/#L"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 33-237; 1970, c. 322, &#xA7; 33.1-277; 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; 2000, cc. 1019, 1044; 2004, c. 807; 2007, c. 896; 2011, cc. 830, 868; 2014, c. 805; 2020, cc. 1230, 1275; 2025, c. 327.</history><metadata></metadata></law>
