General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Highways, Bridges and Ferries

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Highways, Bridges and Ferries

Passed

P HB151

HOT lanes. Provides for the designation of high-occupancy toll (HOT) lanes with electronically collected and photo-enforced tolls.
Patron - Albo

P HB408

Use of steel plates in connection with highway repairs. Provides that, prior to July 15, 2005, anyone using steel plates in connection with a temporary or permanent repair to the roadway of any highway must apply a reflective substance to the plate in order to improve visibility to oncoming traffic. The provisions of the bill do not apply to any portion of a roadway that is closed to vehicular traffic. The bill also requires that, prior to July 1, 2005, the Virginia Transportation Research Council will undertake an examination of best practices regarding the improved visibility of steel plates and report its findings to the Chairman of the House Committee on Transportation.
Patron - Welch

P HB485

Allocation of funds for secondary system highway construction. Provides that not more than one-third of the annual secondary system highway funds apportioned to a county under this section may be used to reimburse the county for (i) debt service for bonds or (ii) eligible project costs incurred on approved projects included in the county's Secondary Six-Year Plan and the county's capital improvement program. Such funds may also be used by the county for debt service for bonds issued for, or eligible project costs incurred or to be incurred on, approved projects included, at the time such bonds are issued or such costs are incurred or are to be incurred, in the Six-Year Improvement Program of the Commonwealth Transportation Board and the county's capital improvement program.
Patron - Cole

P HB502

Transportation improvement districts. Facilitates the establishment of local transportation improvement districts in Fairfax County in connection with the "Rail to Dulles" project.
Patron - Callahan

P HB644

Railway Preservation and Development Fund. Codifies language hitherto existing only in general appropriation acts, relating to the Railway Preservation and Development Fund.
Patron - Abbitt

P HB834

Condemnations by the Commonwealth Transportation Commissioner. Provides that the Commonwealth Transportation Commissioner is not permitted to force relocation on improved owner-occupied property until the owner is permitted to withdraw the funds represented by the certificate filed with the Court. However, if the owner refuses to withdraw the funds represented by the certificate filed with the Court or if the Commissioner reasonably believes that the owner does not possess clear title to the property being taken, that ownership of the property is disputed, or that certain owners cannot be located, the Commissioner may petition the Court to establish that the owner does not possess clear title, that the ownership of the property is in dispute, that certain owners can not be located, or that the owner has refused to withdraw the funds represented by the Certificate filed with the Court, and request that the Commissioner be given authority to force relocation.
Patron - Drake

P HB835

Condemnation by CTC. Reduces from one year to 180 days the time by which, if the Commonwealth Transportation Commissioner (CTC) has taken possession of property without instituting condemnation proceedings, commissioners or a jury shall be appointed to ascertain the amount of compensation to be paid for the property taken and damages done, if any.
Patron - Drake

P HB904

Agreements between CTC and certain cities and towns. Allows the Commonwealth Transportation Commissioner (CTC) to enter into agreements with cities and towns pursuant to which the cities and towns assume responsibility for the design, right-of-way acquisition, and construction of urban system highways.
Patron - Wardrup

P HB909

Virginia's Heritage Music Trail: The Crooked Road. Designates certain highways in Southwest Virginia "Virginia's Heritage Music Trail: The Crooked Road."
Patron - Phillips

P HB910

Country Music Highway. Designates that portion of U.S. 23 lying within Wise, Lee, and Scott Counties the "Country Music Highway."
Patron - Phillips

P HB997

Fairfax Station Road. Designates the entire length of Fairfax Station Road in Fairfax County a Virginia byway.
Patron - Hugo

P HB998

Pleasant Valley Road. Designates a portion of Pleasant Valley Road in Fairfax County a Virginia byway.
Patron - Hugo

P HB1005

Credit assistance revenue bonds. Authorizes the issuance of Commonwealth of Virginia transportation credit assistance revenue bonds for the purpose of funding a portion of the Dulles Corridor mass transit project.
Patron - Callahan

P HB1154

Virginia byway. Designates U.S. Route 17 from Tappahannock to Spotsylvania County a Virginia byway.
Patron - Morgan

P HB1157

Toll roads; failure to pay toll. Provides a civil penalty of $25 for a first offense or $50 for any subsequent offense plus the operator's administrative fee and the toll due, and applicable court costs if the vehicle is found to have used a toll facility without payment of the required toll. The operator of a toll facility may send an invoice or bill to the driver as part of an electronic or manual toll collection process prior to seeking remedies allowed by the bill. Penalties assessed as the result of action initiated by the Virginia Department of Transportation shall be remanded to the Virginia Department of Transportation's Toll Facilities Revolving Fund. Penalties assessed as the result of action initiated by an operator of a toll facility other than the Virginia Department of Transportation shall be remanded to the toll facility's account for expenses associated with operation of the facility and payments against any bonds or other liens issued as a result of the construction of the facility. The bill provides that imposition of a civil penalty for failure to pay a toll shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such civil penalty is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.
Patron - Rust

P HB1182

Monacan Bridge. Designates the Lynchburg bypass bridge across the James River between Amherst County and the City of Lynchburg the "Monacan Bridge." This bill is identical to SB 560.
Patron - Bryant

P HB1263

Landfill gas pipelines; notice by VDOT to counties. Requires the Virginia Department of Transportation (VDOT), whenever it grants permission for the location of a landfill gas pipeline within any highway right-of-way, to notify every county through which the pipeline will pass.
Patron - Ingram

P HB1291

Woodlawn Road; property rights of the Commonwealth. Requires the Department of Transportation, with the assistance of the Office of the Attorney General, to assert the property rights of the Commonwealth with respect to Woodlawn Road in Fairfax County and Fort Belvoir. This bill is identical to SB 590.
Patron - Amundson

P HB1376

Tolls. Provides that in order to provide an incentive for motorists to travel at off-peak hours, on highways controlled by the Virginia Department of Transportation, the amount of the toll may vary according to the time of day, day of the week, traffic volume, or any or all of these variables. The amount of the toll and the time of day when such toll changes shall be fixed and revised by the Commonwealth Transportation Board; however, the variation must be reasonably calculated to minimize the impact on toll revenue generated by the toll.
Patron - Fralin

P HB1413

Korean War Veterans Memorial Highway, World War II Veterans Memorial Highway, Vietnam War Veterans Memorial Highway. Designates the entire length of Interstate Route 64 in Virginia as the "Korean War Veterans Memorial Highway," the entire length of Interstate Route 81 in Virginia as the "World War II Veterans Memorial Highway," and the entire length of Interstate Route 95 in Virginia as the "Vietnam Veterans Memorial Highway." The Department of Transportation is required to place and maintain appropriate markers indicating the designations of these highways; however, the cost of initially placing these markers must be paid from private sources.
Patron - Armstrong

P HB1419

Local transportation district for Charlottesville and Albemarle County. Provides for the creation of a local transportation district within Charlottesville and Albemarle County. Such district could be used to facilitate the construction of a U.S. Route 29 bypass.
Patron - Marshall, D.W.

P HB1444

Humelsine Parkway. Designates Virginia Route 199 between I-64 west of Williamsburg and I-64 east of Williamsburg the Humelsine Parkway.
Patron - Barlow

P HB1474

"The Stuart Finley Bridge." Designates the VA Route 2760 bridge over Lake Barcroft in Fairfax County "The Stuart Finley Bridge."
Patron - Hull

P HJ132

Entrepreneurial Education Region of Virginia. Recognizes the "Entrepreneurial Education Region of Virginia" with appropriate postings of the entrances to the region along Interstate Routes 77 and 81, and U. S. Routes 52, 58, 100, and 221 by the relevant localities comprising the region.
Patron - Carrico

P HJ291

I-81 improvements. Encourages the Commonwealth Transportation Board and the Virginia Department of Transportation, upon completion of the 18-month NEPA environmental review, to consider various ways to address congestion and safety problems on Interstate 81. Some of the suggested improvements include the construction of truck climbing lanes and the placement and rotation of empty patrol vehicles in the median on I-81.
Patron - Cline

P SB13

Sam Snead Memorial Highway. Designates U.S. Route 220 in Bath County the Sam Snead Memorial Highway.
Patron - Deeds

P SB34

Jack and Carter Hardesty Bridge. Designates the U.S. Route 340 bridge over the Norfolk Southern right-of-way north of the Town of Berryville in Clarke County the Jack and Carter Hardesty Bridge.
Patron - Potts

P SB57

Richmond Metropolitan Authority; free use of toll facilities by quadriplegics. Allows toll-free use of Richmond Metropolitan Authority toll facilities by quadriplegic drivers.
Patron - Martin

P SB58

Nonconforming advertising signs. Provides that a maintenance of and repairs to nonconforming signs will be governed by Chapter 7 (Outdoor Advertising) of Title 33.1 (Highways) and regulations promulgated by the Commonwealth Transportation Commissioner.
Patron - Martin

P SB139

I-66 study; HOT lanes. Requires that any study by the Virginia Department of Transportation of possible improvements to Interstate Route 66 (I-66) outside the Capital Beltway (I-495) include consideration of High-Occupancy Toll (HOT) lanes.
Patron - Cuccinelli

P SB155

George Fortune, Jr., Memorial Bridges. Designates the Interstate Route 66 bridges over U.S. Route 29 in Fairfax County the "George Fortune, Jr., Memorial Bridges."
Patron - Cuccinelli

P SB246

Yard sales. Allows local governing bodies to require any person hosting any yard sale, auction, or other special event that is open to the public, held out-of-doors, and is within 100 feet of any public highway on which the posted speed limit is 35 miles per hour or more to notify the local governing body of the event. The local governing body may then provide for placement of temporary signs, 50 feet from the location of the event in both directions, stating: Caution--Congested Area Ahead. This bill will not become effective unless reenacted by the 2005 Session.
Patron - Deeds

P SB257

Subdivision streets. Revises the requirements and procedures by which subdivision streets opened to the public prior to July 1, 1992, may be brought up to state standards for acceptance into the state secondary highway system.
Patron - Hawkins

P SB260

Comprehensive roadside management program. Requires the Virginia Department of Transportation to promulgate regulations for a comprehensive roadside management program that includes opportunities for participation by individuals, communities, and local governments.
Patron - Hawkins

P SB277

Virginia Department of Transportation to maintain certain property. Requires the Virginia Department of Transportation to mow the grass and remove weeds and debris on property acquired for the construction of a transportation project. These activities must be performed in accordance with the same schedules used for these activities on other rights-of-way maintained by the Department in the same locality. At the written request of the governing body or a locality, the Department must provide additional services on the property acquired for the construction of a transportation project including removal of abandoned vehicles. These additional services are to be funded from the construction allocations to the project.
Patron - Wampler

P SB364

Design-build contracts. Grants the Director of the Department of Rail and Public Transportation the same capacity as the Commonwealth Transportation Commissioner to enter into design-build contracts.
Patron - Watkins

P SB508

HOV lanes. Doubles the fines for second, third, fourth, and subsequent high-occupancy vehicle (HOV) lane violations committed in the 8th Planning District, and provides for assessment of three driver demerit points for these second, third, fourth, and subsequent violations as well.
Patron - Mims

P SB560

P SB563

City street maintenance payments; payments to Arlington and Henrico Counties. Strengthens the accountability of Arlington and Henrico Counties and localities receiving city (or town) street maintenance payments by revising existing expenditure reporting requirements.
Patron - Stosch

P SB590

P SB670

U.S. Route 29 bypass around Charlottesville. Provides that, if the construction of a U.S. Route 29 bypass around Charlottesville is not constructed because of opposition from the local metropolitan planning organization, and the Federal Highway Administration requires the Commonwealth to reimburse the federal government for federal funds expended in connection with that project, an amount equal to the amount of the required reimbursement will be deducted by the Commonwealth Transportation Board from primary system highway construction funds allocated or allocable to the Culpeper Highway Construction District and an amount equal to the total of all state funds expended on the project will be deducted by the Commonwealth Transportation Board from state primary system highway construction funds allocated or allocable to the same highway construction district.
Patron - Newman

Failed

F HB81

Virginia Department of Transportation (VDOT) acquired real estate. Requires VDOT to maintain real property it acquires so that it doesn't become an eyesore or a danger to community residents.
Patron - Kilgore

F HB115

Toll of for use of I-81 by trucks. Requires VDOT to collect tolls for use of Interstate Route 81 (I-81) by trucks, tractor trucks, and combination vehicles. The amount of the toll is to be set by the Commonwealth Transportation Board. Proceeds from the toll collections are to be paid to the Department of Rail and Public Transportation to finance improvements to Virginia's rail infrastructure so that cargo shipments can be shifted from trucks to trains.
Patron - Marshall, R.G.

F HB181

Eminent domain. Provides that, in condemnations by the Commonwealth Transportation Commissioner, so long as any suit is being conducted in connection with acquisition of the property, the owner of the condemned property must be allowed to continue to occupy any structure located on the condemned property without payment of rent for a period of 180 days or until the conclusion of the court proceedings, whichever is later.
Patron - Oder

F HB188

Primary system highway construction allocation. Provides that funds for construction projects in the primary highway system will be distributed among the nine highway construction districts on the basis of vehicle miles traveled per lane-mile.
Patron - Black

F HB202

VDOT resident engineers. Provides that persons who have served successfully as assistant engineers with the Virginia Department of Transportation (VDOT) may be promoted by the Department to the position of resident engineer, provided they agree to complete requirements to be a Certified Professional Engineer within five years of promotion.
Patron - Athey

F HB287

"Smart Road" fund. Establishes a special fund "off the top" of funds available for highway construction to cover the costs of construction, reconstruction, and improvements to the "Smart Road" at the Virginia Tech Transportation Institute.
Patron - Griffith

F HB368

Urban and secondary highway system construction allocations. Allocates urban system and secondary system highway construction funds among affected jurisdictions on the basis of (i) area, (ii) vehicle miles traveled, and (iii) population, with area being weighted 15 percent, vehicle miles traveled weighted 25 percent, and population weighted 60 percent.
Patron - Rust

F HB369

F HB486

Highway maintenance and construction funds. Redistributes 10 percent of highway maintenance and construction funds allocated to the Bristol, Salem, and Lynchburg highway construction districts to the Northern Virginia and Hampton Roads construction districts.
Patron - Cole

F HB795

Highway construction funds; primary system allocations. Allocates primary system construction funds among the nine highway construction districts on the basis of the ratio of vehicle-miles traveled on the primary system in each district divided by the number of primary system lane miles in each district, weighted 90 percent, and a primary road need factor, as determined by the Commonwealth Transportation Board, weighted 10 percent.
Patron - Watts

F HB881

Statewide Transportation Plan. Requires the Commonwealth Transportation Board to include representatives of homeowners associations that have 50,000 or more members in its processes and activities associated with new transportation construction projects.
Patron - Plum

F HB906

VDOT highway logo sign program. Requires the Virginia Department of Transportation (VDOT) to administer a highway logo sign program consistent with the requirements of the Manual on Uniform Traffic Control Devices. VDOT regulations implementing the program must "grandfather" certain program participants.
Patron - Wardrup

F HB941

Signs. Allows local governing bodies to put up "welcome" signs within highway rights-of-way or within sight of highway rights-of-way to welcome travelers. These signs may include statements or phrases such as "birthplace of __________", "site of the __________," or "home of the __________."
Patron - Pollard

F HB1011

Transportation construction and maintenance. Revises Virginia's transportation construction and maintenance allocation system in accordance with recommendations made by the Joint Legislative Audit and Review Commission to the 2002 Session of the General Assembly.
Patron - Rust

F HB1165

Motor fuel sales reports; allocation of primary, urban, and secondary system highway construction funds. Provides for quarterly reports to the Commonwealth Transportation Board (CTB) by retail sellers of motor fuels. Such reports shall include the quantities of motor fuels sold at retail and the locality in which they were sold. This data can be transmitted to the CTB either by mail (on a form no larger than a standard post card) or via Internet. This data will be used, beginning July 1, 2005, to allocate primary, urban, and secondary system highway construction funds.
Patron - Frederick

F HB1345

Public-Private Transportation Act. Disallows approval of a transportation facility on which the operator intends to impose tolls or user fees if the facility separates trucks from other motor vehicles utilizing the facility. The bill also disallows approval of a transportation facility involving Interstate 81 that separates trucks from other motor vehicles if the agreement provides for the improvement of more than 85 miles of roadway.
Patron - Saxman

F HB1347

Public-Private Transportation Act of 1995. Prohibits imposition of tolls or user fees for use of any demonstration or pilot project undertaken under the Public-Private Transportation Act of 1995 if that project uses federal funds.
Patron - Saxman

F HJ41

Transportation Trust Fund and Highway Maintenance and Operating Fund. Admonishes the General Assembly to enact laws to maintain the Transportation Trust Fund and Highway Maintenance and Operating Fund and borrow from them only in the event of dire financial circumstances.
Patron - Shuler

F HJ90

Virginia Route 5 Bikeway Project in Charles City County. Memorializes the Commonwealth Transportation Board to move forward with the construction of Alternative 3 of the Virginia Route 5 Bikeway Project in Charles City County.
Patron - Miles

F HJ91

Barrett's Ferry Bridge. Memorializes the Commonwealth Transportation Board to include replacement of the Barrett's Ferry Bridge in Charles City County as a priority project in the Commonwealth's Transportation Improvement Plan.
Patron - Miles

F SB70

H. Edward Steele Memorial Tunnel. Redesignates the East River Mountain Tunnel on I-77 the "H. Edward Steele Memorial Tunnel."
Patron - Puckett

F SB106

Virginia Department of Transportation engineering functions. Prohibits, with a few exceptions, performance of engineering functions by employees of the Virginia Department of Transportation in connection with the planning, designing, construction, reconstruction, or maintenance of highways in the interstate, primary, or national highway system.
Patron - Williams

F SB113

Urban system highway construction projects. Allows the City of Newport News to include up to $10 million in costs for underground utilities for state highway construction projects as part of total project costs.
Patron - Williams

F SB307

Allocation of proceeds of Transportation Trust Fund. Provides that, except as otherwise provided in the Virginia Constitution or federal law, after allocations to the Commonwealth Port Fund, Commonwealth Airport Fund and Commonwealth Mass Transit Fund, all remaining proceeds of the Transportation Trust Fund be distributed for highway construction. The Toll Facilities Revolving Account, the Unpaved Secondary Road Fund, the Industrial and Airport Access Fund, the Industrial Rail Access Fund, the Recreational Access Roads and Bikeways Fund, the Northern Virginia Transportation District Program and the Interstate 66 Economic Development Program Fund are repealed.
Patron - O'Brien

F SB373

Industrial access road fund. Deems capital investment made by the Central Virginia Electric Cooperative in its facilities and property in the Colleen Industrial Park in Nelson County sufficient to allow the use of state industrial access road funds for construction of Cooperative Way.
Patron - Deeds

F SB413

Rail Transportation Development Authority. Amends the second enactment of Chapter 1041 of the Acts of Assembly of 2003 to provide that that act (creating the Rail Transportation Authority) will become effective on July 1, 2004.
Patron - Edwards

F SB544

George F. Barnes Bridge. Designates the bridge after Exit 3 on the US Route 19/460 bypass around the Town of Tazewell the "George F. Barnes Bridge."
Patron - Puckett

F SB545

C. Don Dunford Bridge. Designates the bridge located between Exit 4 and Exit 5 on the U.S. Route 19/460 bypass around the Town of Tazewell the "C. Don Dunford Bridge."
Patron - Puckett

Carried Over

C HB89

High-occupancy vehicle (HOV) lanes; tolls. Provides that any and all HOV lanes or other HOV facilities designated, constructed, contracted for, or opened to traffic on or after July 1, 2004, will be subject to an electronically collected toll. These facilities become toll-free upon the retirement of any and all bonds, notes, certificates, or other evidences of debt issued in order to cover any portion of the cost of the facility.
Patron - Purkey

C HB99

High-occupancy vehicle (HOV) lanes. Repeals the July 1, 2006, "sunset" on use of HOV lanes by vehicles bearing clean fuel vehicle license plates, regardless of the number of their occupants. The provisions of the bill "sunset" if found to contravene federal law.
Patron - Cole

C HB185

Virginia Department of Transportation; independent audit required. Requires, as soon as practicable, the conduct of an independent audit of the Virginia Department of Transportation. Follow-up audits would be required during the first year of every Governor's term.
Patron - Oder

C HB306

Statewide Transportation Plan; inadequacy of local or regional system. Requires the Commonwealth Transportation Board to establish and apply an impact fee in any locality or region where pursuant to a comprehensive review, it determines that transportation needs are not being adequately met. The bill requires the Board to collect a fee from the builder of each new residential or commercial unit constructed in the locality or region until it determines that the transportation needs in the locality or region are being adequately met and are likely to remain so for at least the next five years. The fee shall be based on standards and criteria established by the Board, including but not limited to (i) average levels of traffic congestion and vehicle miles traveled by residents in such locality or region, (ii) the pro-rata impact of each residential or commercial unit on the existing transportation network, and (iii) the pro-rata impact of each additional residential or commercial unit on the costs of improving, expanding or developing new transportation systems in order to adequately meet the needs of such new development. The Board shall allocate all fees collected under these provisions to a special account within the Transportation Trust Fund on behalf of the locality or localities subject to the fee requirement. The Board shall make disbursements from such account for the improvement, maintenance or expansion of the transportation system in such locality or region. Upon a determination by the Board that the local or regional transportation system is adequate and is likely to remain adequate for at least the next five years, the Board shall release to the locality or localities all funds that may remain in the Transportation Trust Fund on their behalf.
Patron - Marshall, R.G.

C HB804

Definitions and certain laws on outdoor advertising in sight of public highways. Adds an explicit reference to advertisements concerning political candidacies and referenda issues. Current law regulates the placement of advertisements in sight of public highways, provides for their removal, and imposes penalties for violations of state regulations. The bill also amends the provision on agreements between the Commonwealth Transportation Commissioner and Fairfax County for joint enforcement to allow joint enforcement agreements with respect to signs in place more than three days before an election or special event as well as more than three days after the election or event.
Patron - Petersen

C HB905

Tolls on I-81. Repeals the third enactment of Chapter 593 of the Acts of Assembly of 2002 to provide that, if tolls are imposed for the use of Interstate Route 81 (I-81), all vehicles will be subject to the toll. The repealed enactment exempts passenger cars, pickup or panel trucks, and motorcycles from the toll.
Patron - Wardrup

C HB945

Audits of VDOT. Requires that, beginning on July 1, 2004, and at least once every two years thereafter, the Commonwealth Transportation Commissioner must accept contract proposals from private companies to conduct a thorough, comprehensive, and independent audit of the Virginia Department of Transportation (VDOT). All costs of these audits are to be borne by the companies performing them.
Patron - Oder

C HB1032

Unit cost analysis by VDOT. Requires the Virginia Department of Transportation (VDOT) to conduct unit cost analysis of full-cost accounting, and then use data generated thereby to identify activities that are ripe for competition.
Patron - Lingamfelter

C HB1106

C HB1166

Town of Dumfries; construction of debris barrier. Authorizes the Town of Dumfries to use I-95 right-of-way to construct a barrier to prevent the deposition of highway debris on property abutting the right of way. Costs of construction are to be paid out of funds allocated for primary system highway construction in the Northern Virginia District.
Patron - Frederick

C HB1344

I-81 safety improvement; pilot project. Provides for a one-year pilot project, modeled on Augusta County's Project Alliance, directed by a designee of the Superintendent of State Police, to improve highway safety along Interstate Route 81 (I-81). At the end of the year, the results of the project are to be reported to the Governor and the General Assembly.
Patron - Saxman

C SB178

Maintenance and operation of drawbridges in Chesapeake. Requires the Department of Transportation to reimburse the City of Chesapeake for its actual costs incurred in the maintenance and operation of drawbridges within its boundaries.
Patron - Blevins

C SB637

Jail inmates; use on certain highway maintenance and construction projects. Allows use of inmates of local and regional jails in local highway maintenance and construction projects without permission from the Department of Transportation, the Commonwealth Transportation Commissioner, or the Commonwealth Transportation Board.
Patron - Norment

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Highways, Bridges and Ferries

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