                                 CODE OF VIRGINIA

TRANSPORTATION; SIX-YEAR IMPROVEMENT PROGRAM (§ 33.2-214)

A. The Board shall have the power and duty to monitor and, where necessary,
approve actions taken by the Department of Rail and Public Transportation
pursuant to Article 5 (&#xA7; 33.2-281 et seq.) in order to ensure the efficient
and economical development of public transportation, the enhancement of rail
transportation, and the coordination of such rail and public transportation
plans with highway programs.

B. The Board shall have the power and duty to coordinate the planning for
financing of transportation needs, including needs for highways, railways,
seaports, airports, and public transportation and set aside funds as provided in
&#xA7; 33.2-1524.1. To allocate funds for these needs pursuant to &#xA7;
33.2-358 and Chapter 15 (&#xA7; 33.2-1500 et seq.), the Board shall adopt a
Six-Year Improvement Program of anticipated projects and programs by July 1 of
each year. This program shall be based on the most recent official Commonwealth
Transportation Fund revenue forecast and shall be consistent with a debt
management policy adopted by the Board in consultation with the Debt Capacity
Advisory Committee and the Department of the Treasury.

C. The Board shall have the power and duty to enter into contracts with local
districts, commissions, agencies, or other entities created for transportation
purposes.

D. The Board shall have the power and duty to promote increasing private
investment in the Commonwealth&#8217;s transportation infrastructure, including
acquisition of causeways, bridges, tunnels, highways, and other transportation
facilities.

E. The Board shall only include a project or program wholly or partially funded
with funds from the State of Good Repair Program pursuant to &#xA7; 33.2-369,
the High Priority Projects Program pursuant to &#xA7; 33.2-370, the Highway
Construction District Grant Programs pursuant to &#xA7; 33.2-371, or the
Interstate Operations and Enhancement Program pursuant to &#xA7; 33.2-372, or
capital projects funded through the Virginia Highway Safety Improvement Program
pursuant to &#xA7; 33.2-373 in the Six-Year Improvement Program if the
allocation of funds from those programs and other funding committed to such
project or program within the six-year horizon of the Six-Year Improvement
Program is sufficient to complete the project or program. The provisions of this
subsection shall not apply to any project (i) the design and construction of
which cannot be completed within six years, (ii) the estimated costs of which
exceed $2 billion, and (iii) that requires the Board to exercise its authority
to waive the funding cap pursuant to subsection B of &#xA7; 33.2-369.

F. The Board shall have the power and duty to integrate land use with
transportation planning and programming, consistent with the efficient and
economical use of public funds. If the Board determines that a local
transportation plan described in &#xA7; 15.2-2223 or any amendment as described
in &#xA7; 15.2-2229 or a metropolitan regional long-range transportation plan or
regional Transportation Improvement Program as described in &#xA7; 33.2-3201 is
not consistent with the Board&#8217;s Statewide Transportation Plan developed
pursuant to &#xA7; 33.2-353, the Six-Year Improvement Program adopted pursuant
to subsection B, and the location of routes to be followed by roads comprising
systems of state highways pursuant to subsection A of &#xA7; 33.2-208, the Board
shall notify the locality of such inconsistency and request that the applicable
plan or program be amended accordingly. If, after a reasonable time, the Board
determines that there is a refusal to amend the plan or program, then the Board
may reallocate funds that were allocated to the nonconforming project as
permitted by state or federal law. However, the Board shall not reallocate any
funds allocated pursuant to &#xA7; 33.2-319 or 33.2-366, based on a
determination of inconsistency with the Board&#8217;s Statewide Transportation
Plan or the Six-Year Improvement Program nor shall the Board reallocate any
funds, allocated pursuant to subsection C or D of &#xA7; 33.2-358, from any
projects on highways controlled by any county that has withdrawn, or elects to
withdraw, from the secondary system of state highways based on a determination
of inconsistency with the Board&#8217;s Statewide Transportation Plan or the
Six-Year Improvement Program. If a locality or metropolitan planning
organization requests the termination of a project, and the Department does not
agree to the termination, or if a locality or metropolitan planning organization
does not advance a project to the next phase of construction when requested by
the Board and the Department has expended state or federal funds, the locality
or the localities within the metropolitan planning organization may be required
to reimburse the Department for all funds expended on the project. If, after
design approval by the Chief Engineer of the Department, a locality or
metropolitan planning organization requests alterations to a project that, in
the aggregate, exceeds 10 percent of the total project costs, the locality or
the localities within the metropolitan planning organization may be required to
reimburse the Department for the additional project costs above the original
estimates for making such alterations.

HISTORY: Code 1950, § 33-12; 1956, c. 92; 1964, c. 265; 1970, c. 322, §
33.1-12; 1974, c. 462; 1977, c. 150; 1978, c. 650; 1986, Sp. Sess., c. 13; 1988,
cc. 844, 903; 1989, c. 727; 1992, c. 167; 1995, c. 94; 2001, c. 349; 2003, cc.
281, 533, 560; 2004, c. 110; 2005, cc. 839, 919; 2006, cc. 197, 417, 833, 924;
2006, Sp. Sess. I, c. 8; 2007, c. 337; 2008, Sp. Sess. II, c. 5; 2009, cc. 670,
690; 2011, cc. 104, 164; 2012, cc. 729, 733; 2013, cc. 388, 569, 585, 646, 741;
2014, c. 805; 2015, c. 684; 2018, c. 828; 2019, cc. 83, 349; 2020, cc. 1230,
1275.