                                 CODE OF VIRGINIA

USE OF CERTAIN REVENUES BY THE AUTHORITY (§ 33.2-2510)

A. All moneys received by the Authority and the proceeds of bonds issued
pursuant to &#xA7; 33.2-2511 shall be used by the Authority solely for
transportation purposes benefiting those counties and cities that are embraced
by the Authority.

B. 1. Except as provided in subdivision 2, 30 percent of the revenues received
by the Authority under subsection A shall be distributed on a pro rata basis,
with each locality&#8217;s share being the total of such fee and taxes received
by the Authority that are generated or attributable to the locality divided by
the total of such fee and taxes received by the Authority. Of the revenues
distributed pursuant to this subsection, as determined solely by the applicable
locality, such revenues shall be used for additional urban or secondary highway
construction, for other capital improvements that reduce congestion, for other
transportation capital improvements that have been approved by the most recent
long-range transportation plan adopted by the Authority, or for public
transportation purposes. None of the revenue distributed by this subsection may
be used to repay debt issued before July 1, 2013. Each locality shall create a
separate, special fund in which all revenues received pursuant to this
subsection and from the tax imposed pursuant to § 58.1-3221.3 shall be
deposited. Each locality shall provide annually to the Authority sufficient
documentation as required by the Authority showing that the funds distributed
under this subsection were used as required by this subsection.

   2. If a locality has not deposited into its special fund (i) revenues from the
   tax collected under &#xA7; 58.1-3221.3 pursuant to the maximum tax rate
   allowed under that section or (ii) an amount, from sources other than moneys
   received from the Authority, that is equivalent to the revenue that the
   locality would receive if it was imposing the maximum tax authorized by &#xA7;
   58.1-3221.3, then the amount of revenue distributed to the locality pursuant
   to subdivision 1 shall be reduced by the difference between the amount of
   revenue that the locality would receive if it was imposing the maximum tax
   authorized by such section and the amount of revenue deposited into its
   special fund pursuant to clause (i) or (ii), as applicable. The amount of any
   such reduction in revenue shall be redistributed according to subsection C.
   The provisions of this subdivision shall be ongoing and apply over annual
   periods as determined by the Authority.

C. 1. The remaining 70 percent of the revenues received by the Authority under
subsection A, plus the amount of any revenue to be redistributed pursuant to
subsection B, shall be used by the Authority solely to fund transportation
projects selected by the Authority that are contained in the regional
transportation plan in accordance with subdivision 1 of § 33.2-2500 and that
have been rated in accordance with subdivision 2 of § 33.2-2500. For only those
regional funds received in fiscal year 2014, the requirement for rating in
accordance with subdivision 2 of § 33.2-2500 shall not apply. The Authority
shall give priority to selecting projects that are expected to provide the
greatest congestion reduction relative to the cost of the project and shall
document this information for each project selected. Such projects selected by
the Authority for funding shall be located (i) only in localities embraced by
the Authority or (ii) in adjacent localities but only to the extent that such
extension is an insubstantial part of the project and is essential to the
viability of the project within the localities embraced by the Authority.

   2. Not less than 15 days prior to any decision by the Authority for the
   expenditure of funds pursuant to subdivision 1 for any project to create or
   improve any transportation facility, the Authority shall make the following
   publicly available: (i) the project evaluation pursuant to subdivision 2 of
   &#xA7; 33.2-2500, (ii) the total amount of funds from the Authority to be used
   for the project, (iii) the total amount of funds from sources other than the
   Authority to be used for the project, and (iv) any other rating or scoring of
   other factors to be taken into account by the Authority related to each such
   transportation facility.

   3. All transportation projects undertaken by the Authority shall be completed
   by private contractors accompanied by performance measurement standards, and
   all contracts shall contain a provision granting the Authority the option to
   terminate the contract if contractors do not meet such standards.
   Notwithstanding the foregoing, any locality may provide engineering services
   or right-of-way acquisition for any project with its own forces. The Authority
   shall avail itself of the strategies permitted under the Public-Private
   Transportation Act (&#xA7; 33.2-1800 et seq.) whenever feasible and
   advantageous. The Authority is independent of any state or local entity,
   including the Department and the Commonwealth Transportation Board, but the
   Authority, the Department, and the Commonwealth Transportation Board shall
   consult with one another to avoid duplication of efforts and, at the option of
   the Authority, may combine efforts to complete specific projects.
   Notwithstanding the foregoing, at the request of the Authority, the Department
   may provide the Authority with engineering services or right-of-way
   acquisition for the project with its own forces.

   4. With regard to the revenues distributed under subdivision 1, each
   locality&#8217;s total long-term benefit shall be approximately equal to the
   proportion of the total of the fees and taxes received by the Authority that
   are generated by or attributable to the locality divided by the total of such
   fees and taxes received by the Authority.

D. For road construction and improvements pursuant to subsection B, the
Department may, on a reimbursement basis, provide the locality with planning,
engineering, right-of-way, and construction services for projects funded in
whole by the revenues provided to the locality by the Authority.

HISTORY: 2007, c. 896, § 15.2-4838.1; 2009, cc. 410, 556; 2013, c. 766; 2014,
c. 805; 2015, c. 458; 2016, c. 225; 2019, c. 749.