                                 CODE OF VIRGINIA

POWERS AND FUNCTIONS GENERALLY (§ 33.2-1915)

A. Notwithstanding any other contrary provision of law, a commission shall,
except as provided in subsection B, have the following powers and functions:

   1. The commission shall prepare the transportation plan for the transportation
   district and shall revise and amend the plan in accordance with the planning
   process and procedures specified in Article 7 (&#xA7; 33.2-1928 et seq.).

   2. The commission may, when a transportation plan is adopted according to
   Article 7 (&#xA7; 33.2-1928 et seq.), construct or acquire, by purchase or
   lease, the transportation facilities specified in such transportation plan.

   3. The commission may enter into agreements or leases with private companies
   for the operation of its facilities or may operate such facilities itself.

   4. The commission may enter into contracts or agreements with (i) the counties
   and cities within the transportation district; (ii) counties and cities that
   adjoin the transportation district and are within the same planning district;
   (iii) other counties, cities, and towns and commissions when the provision of
   transit facilities and other modes of transportation will include service to,
   through, or within such locality or transportation district; or (iv) other
   commissions of adjoining transportation districts or planning districts to
   provide, or cause to be provided, transit facilities and service to such
   counties, cities, and towns or to provide transit facilities and other modes
   of transportation between adjoining transportation districts or planning
   district commissions. Such contracts or agreements, together with any
   agreements or leases for the operation of such facilities, may be utilized by
   the transportation district to finance the construction and operation of
   transportation facilities, and such contracts, agreements, or leases shall
   inure to the benefit of any creditor of the transportation district.
   				However, except in any transportation district containing any or all of
   the Counties of Chesterfield, Hanover, and Henrico or the City of Richmond,
   being so delegated by the respective local governments, the commission shall
   not have the power to regulate services provided by taxicabs, either within
   municipalities or across municipal boundaries, which regulation is expressly
   reserved to the municipalities within which taxicabs operate. In any
   transportation district containing any or all of the Counties of Chesterfield,
   Hanover, and Henrico or the City of Richmond, the commission may, upon proper
   authority granted by the respective component governments, regulate services
   provided by taxicabs, either within localities or across county or city
   boundaries.

B. The Northern Virginia Transportation Commission:

   1. Shall not prepare a transportation plan or construct or operate transit
   facilities, but shall collaborate and cooperate in the manner specified in
   Article 7 (&#xA7; 33.2-1928 et seq.) with an agency in preparing, revising,
   and amending a transportation plan for such metropolitan area.

   2. Shall, according to Article 7 (&#xA7; 33.2-1928 et seq.) and in cooperation
   with the governing bodies of the component governments embraced by the
   transportation district, formulate the tentative policy and decisions of the
   transportation district with respect to the planning, design, location,
   construction, operation, and financing of transportation facilities.

   3. May, when a transportation plan applicable to such a transportation
   district is adopted, enter into contracts or agreements with an agency to
   contribute to the capital required for the construction or acquisition of
   transportation facilities and for meeting expenses and obligations in the
   operations of such facilities.

   4. May, when a transportation plan applicable to such transportation district
   is adopted, enter into contracts or agreements with the counties and cities
   within the transportation district to provide or cause to be provided
   transportation facilities and service to such counties and cities.

   5. Notwithstanding any other provision in this section to the contrary:
   				a. May acquire land or any interest therein by purchase, lease, gift,
   condemnation, or otherwise and provide transportation facilities thereon for
   use in connection with any transportation service;
   				b. May acquire land or any interest therein by purchase, lease, gift,
   condemnation, or otherwise in advance of need for sale or contribution to an
   agency, for use by that agency in connection with an adopted mass transit
   plan;
   				c. May, in accordance with the terms of any grant from or loan by the
   United States of America or the Commonwealth, or any agency or instrumentality
   thereof, or when necessary to preserve essential transportation service,
   acquire transit facilities or any carrier that is subject to the jurisdiction
   of the Washington Metropolitan Area Transit Commission by acquisition of the
   capital stock or transit facilities and other assets of any such carrier and
   shall provide for the performance of transportation by any such carrier or
   with such transit facilities by contract or lease. However, the contract or
   lease shall be for a term of no more than one year, renewable for additional
   terms of similar duration, and, in order to assure acceptable fare levels, may
   provide for financial assistance by purchase of service, operating subsidies,
   or otherwise. No such service shall be rendered that will adversely affect
   transit service rendered by the transit facilities owned or controlled by the
   agency or any existing private transit or transportation company. When
   notified by the agency that it is authorized to perform or cause to be
   performed transportation services with motor vehicle facilities, the
   commission, upon request by the agency, shall transfer such capital stock or
   transit facilities to the agency at a price to be agreed upon; and
   				d. May prepare a plan for mass transportation services with cities,
   counties, agencies, authorities, or commissions and may further contract with
   transportation companies, cities, counties, commissions, authorities,
   agencies, and departments of the Commonwealth and appropriate agencies of the
   federal government or governments contiguous to the Commonwealth to provide
   necessary facilities, equipment, operations and maintenance, access, and
   insurance pursuant to such plan.

C. The provisions of subdivisions B 1 through 4 and subdivisions B 5 b and c
shall not apply (i) to any transportation district that may be established on or
after July 1, 1986, and that includes any one or more localities that are
located within a metropolitan area, but that were not, on January 1, 1986,
members of any other transportation district or (ii) to any locality that, after
July 1, 1989, joins a transportation district that was established on or before
January 1, 1986. The provisions of this subsection shall apply only to any
transportation district or locality that is contiguous to the Northern Virginia
Transportation District. Any such district or locality shall be subject to the
provisions of subsection A and further may exercise the powers granted by
subdivision B 5 a to acquire land or any interest therein by purchase, lease,
gift, condemnation, or otherwise and provide transportation facilities thereon
for use in connection with any transportation service.

D. Until such time as a commission enters into contracts or agreements with its
component governments under the provisions of subdivisions A 4 and B 4 and is
receiving revenues thereunder adequate to meet the administrative expenses of
the commission after paying or providing for the payment of the obligations
arising under said subdivisions, the administrative expenses of the commission
shall be borne by the component governments in the manner set forth in this
section. The commission annually shall submit to the governing bodies of the
component counties and cities a budget of its administrative requirements for
the next year.

E. The administrative expenses of the Northern Virginia Transportation
Commission, to the extent funds for such expenses are not provided from other
sources, shall be allocated among the component governments on the basis of
population as reflected by the latest population statistics of the U.S. Census
Bureau; however, upon the request of any component government, the commission
shall make the allocation upon estimates of population prepared in a manner
approved by the commission and by the governing body of the component government
making such request. The administrative expenses of the Northern Virginia
Transportation Commission, to the extent funds for such expenses are not
provided from other sources, shall be allocated among the component governments
on the basis of the relative shares of state and federal transit aids allocated
by the Commission among its component governments. Such budget shall be limited
solely to the administrative expenses of the Commission and shall not include
any funds for construction or acquisition of transportation facilities or the
performing of transportation service. In addition, the Northern Virginia
Transportation Commission annually shall submit to the governing bodies of the
component counties and cities a budget of its other expenses and obligations for
the ensuing year. Such expenses and obligations shall be borne by the component
counties and cities in accordance with prior arrangements made therefor.

F. When a transportation plan has been adopted under subdivision 4 of &#xA7;
33.2-1929, the commission shall determine the equitable allocation among the
component governments of the costs incurred by the district in providing the
transportation facilities proposed in the transportation plan and any expenses
and obligations from the operation thereof to be borne by each county and city.
In making such determinations, the commission shall consider the cost of the
facilities located within each county and city, the population of each county
and city, the benefits to be derived by each county and city from the proposed
transportation service, and all other factors that the commission determines to
be relevant. Such determination, however, shall not create a commitment by the
counties and cities, and such commitments shall be created only under the
contracts or agreements specified in subdivisions A 4 and B 4.

HISTORY: 1964, c. 631, § 15.1-1357; 1970, c. 449; 1972, c. 791; 1974, cc. 161,
566; 1975, c. 6; 1976, c. 566; 1981, c. 444; 1985, c. 257; 1986, c. 438; 1987,
c. 158; 1989, c. 150; 1991, c. 231; 1997, c. 587, § 15.1-4515; 2014, c. 805;
2015, c. 256; 2025, c. 340.