Authority: Title 33.1, Chapter 1; §§ 58.1-815, 58.1-815.1, and 58.1-816.1, Code of Virginia; Chapters 653 and 676, Acts of Assembly of 1988; Chapters 8, 9, and 12, Acts of Assembly of 1989, Special Session II; and Chapter 391, Acts of Assembly of 1993.

A. Out of the amounts for Financial Assistance for Roads and other Construction, $7,000,000 the first year and $7,000,000 the second year from the Commonwealth Transportation Fund shall be allocated for purposes set forth in §§ 33.1-221, 33.1-221.1:1, and 33.1-223, Code of Virginia. Of this amount, the allocation for Recreational Access Roads shall be $1,500,000 the first year and $1,500,000 the second year. Any balance in the Industrial, Airport and Rail Access program at the end of each fiscal year that exceeds an amount equal to the annual appropriation shall be available in the next fiscal year for allocation to other transportation programs.

B. Out of the amounts for Financial Assistance for Roads and other Construction the following amounts shall be provided for financial assistance to localities and regional agencies for transportation planning: $5,181,000 the first year and $5,253,000 the second year from the Commonwealth Transportation Fund.

C. The amount shown for Transportation Improvement District Debt Service shall be derived from payments made to the Transportation Trust Fund pursuant to the Contract between the State Route 28 Highway Transportation Improvement District and the Commonwealth Transportation Board dated September 1, 1988. The contract payments may be supplemented from primary funds allocated to the highway construction district in which the project financed is located, or from the secondary system construction allocation to the county or counties in which the project financed is located, and from any other lawfully available revenues of the Transportation Trust Fund, as may be necessary to meet debt service obligations. The payment of debt service shall be for the bonds issued under the "Commonwealth of Virginia Transportation Contract Revenue Bond Act of 1988" (Chapters 653 and 679, Acts of Assembly of 1988). Funds required to pay the total debt service on the bonds shall be made available in the amounts indicated in paragraph G of this Item.

D.1. Out of the amounts for Designated Highway Corridor Development Programs, $40,000,000 the first year and $40,000,000 the second year shall be paid from the general fund to the U.S. Route 58 Corridor Development Fund, hereinafter referred to as the "Fund", established pursuant to § 58.1-815, Code of Virginia. This payment shall be in lieu of the deposit of state recordation taxes to the Fund, as specified in the cited Code section and shall be made on July 1 of each year. Said recordation taxes which would otherwise be deposited to the Fund shall be retained by the general fund. In addition, $3,500,000 the first year and $3,500,000 the second year from the Highway Maintenance and Operating Fund shall be provided to the Route 58 Corridor Development Fund. This allocation shall be in addition to any funds currently provided to the Route 58 Corridor Development Fund.

2. $11,850,000 the first year and $11,850,000 the second year from the Commonwealth Transportation Fund shall be provided to the Route 58 Corridor Development Fund.

3. Pursuant to the "U.S. Route 58 Commonwealth of Virginia Transportation Revenue Bond Act of 1989" (Chapter 8, as amended by Chapter 538 of the 1999 Acts of Assembly), the amounts shown in paragraph G of this Item shall be available from the Fund for debt service for the bonds previously issued and additional bonds issued pursuant to said act.

4. It is the intent of the General Assembly that the Route 58 Corridor Development Program shall be funded such that the Program is able to support its full amount of authorized debt.

5. Out of the amounts for Highway System Acquisition and Construction, an amount estimated at $26,915,361 the second year shall be appropriated and paid from the general fund for debt service on Commonwealth of Virginia Transportation Appropriation Bonds to be issued by the Commonwealth Transportation Board with the consent of the Governor under the State Revenue Bond Act, Sections 33.1-267, et. seq., pursuant to Article X, Section 9 (d), of the Constitution of Virginia and that are specifically secured by general fund appropriations and which are hereby authorized to be issued at one or more times in an aggregate principal amount not to exceed $317,000,000 the first year and $335,600,000 the second year, plus an amount for financing expenses (including, without limitation, any original issue discount). The proceeds of such bonds shall be paid into the Commonwealth Transportation Fund, in lieu of the sales and use tax revenue generated by the one-half percent sales and use tax increase enacted by the 1986 Special Session of the General Assembly, and used to finance highway projects authorized by the Commonwealth Transportation Board or to finance the Virginia Transportation Development Plan as adopted each fiscal year. The Secretary of Finance may provide the department anticipation loans, as may be needed, to cover agency cash flow needs.

E.1. The Commonwealth Transportation Board shall maintain the Northern Virginia Transportation District Fund, hereinafter referred to as the "Fund." Pursuant to § 58.1-815.1, Code of Virginia, and for so long as the Fund is required to support the issuance of bonds, the Fund shall include at least the following elements:

a) Amounts transferred from Item 274 of this act to this Item;

b) $11,200,000 the first year and $11,200,000 the second year from the Commonwealth Transportation Fund shall be provided to the Northern Virginia Transportation District Fund.

c) Any public right-of-way use fees allocated by the Department of Transportation pursuant to § 56-468.1 of the Code of Virginia and attributable to the counties of Fairfax, Loudoun, and Prince William, the amounts estimated at $5,662,400 the first year and $5,775,700 the second year;

d) Any amounts which may be deposited into the Fund pursuant to a contract between the Commonwealth Transportation Board and a jurisdiction or jurisdictions participating in the Northern Virginia Transportation District Program, the amounts estimated to be $816,000 the first year and $816,000 the second year;

e) $3,500,000 the first year and $3,500,000 the second year in surplus revenues from the Highway Maintenance and Operating Fund intended for general construction programs; and

f) It is the intent of the General Assembly that the Northern Virginia Transportation District Program shall be funded such that the Program is able to support its full amount of authorized debt.

2. The Fund shall support the issuance of bonds at a total authorized level of $471,200,000 for the purposes provided in the Northern Virginia Transportation District, Commonwealth of Virginia Revenue Bond Act of 1993 (Chapter 391, Acts of Assembly of 1993), for the purposes provided in Chapters 470 and 597, Acts of Assembly of 1994 (1994 Amendments to the Northern Virginia Transportation District, Commonwealth of Virginia Revenue Bond Act of 1993), for the purposes provided in Chapters 740 and 761, Acts of Assembly of 1998 (1998 Amendments to the Northern Virginia Transportation District, Commonwealth of Virginia Revenue Bond Act of 1993), and for the purposes provided in Chapter 538 (1999 Amendments to the Northern Virginia Transportation District, Commonwealth of Virginia Revenue Bond Act of 1993).

3. Pursuant to the Northern Virginia Transportation District, Commonwealth of Virginia Revenue Bond Act of 1993, Chapter 391, Acts of Assembly of 1993 as amended by Chapters 470 and 597 of the Acts of Assembly of 1994, Chapters 740 and 761 of the Acts of Assembly of 1998, and Chapter 538 of the 1999 Acts of Assembly, amounts shown in paragraph G of this Item shall be available from the Fund for debt service for the bonds previously issued and additional bonds issued pursuant to said act.

4. Should the actual distribution of recordation taxes to the localities set forth in § 58.1-815.1, Code of Virginia, exceed the amount required for debt service on the bonds issued pursuant to the above act, such excess amount shall be transferred to the Northern Virginia Transportation District Fund in furtherance of the program described in § 33.1-221.1:3, Code of Virginia.

5. Should the actual distribution of recordation taxes to said localities be less than the amount required to pay debt service on the bonds, the Commonwealth Transportation Board is authorized to meet such deficiency, to the extent required, from funds identified in Enactment No. 1, Section 11, of Chapter 391, Acts of Assembly of 1993.

F.1. The Commonwealth Transportation Board shall maintain the City of Chesapeake account of the Set-aside Fund, pursuant to § 58.1-816.1 which shall include funds transferred from Item 288 of this act to this Item, including such local revenues from the City of Chesapeake as may be received pursuant to a contract or other alternative mechanism for the purpose provided in the Oak Grove Connector, City of Chesapeake Commonwealth of Virginia Transportation Program Revenue Bond Act of 1994.

2. Pursuant to the Oak Grove Connector, Commonwealth of Virginia Transportation Program Revenue Bond Act of 1994 (Chapters 233 and 662, Acts of Assembly of 1994), the amounts shown in paragraph G of this Item shall be available from the City of Chesapeake account of the Set-aside Fund for debt service for the bonds issued pursuant to said act.

3. Should the actual distribution of recordation taxes and such local revenues from the City of Chesapeake as may be received pursuant to a contract or other alternative mechanism to the City of Chesapeake account of the Set-aside Fund be less than the amount required to pay debt service on the bonds, the Commonwealth Transportation Board is authorized to meet such deficiency, pursuant to Enactment No. 1, Section 11 of the Oak Grove Connector, City of Chesapeake Commonwealth of Virginia Transportation Program Revenue Bond Act of 1994 (Chapters 233 and 662, Acts of Assembly of 1994).

4. The amount appropriated for Interstate Construction includes $589,687 the first year and $589,687 the second year to be transferred to the Department of State Police’s Highway Patrol Services. These funds are for eight positions dedicated to the I-95/395/495 interchange improvement project and are part of State Highway Project No. 0095-029-F20 and Federal Project No. NH-95-2 (410).

G. Pursuant to various Payment Agreements between the Treasury Board and the Commonwealth Transportation Board, funds required to pay the debt service due on the following Commonwealth Transportation Board bonds shall be transferred to the Treasury Board pursuant to paragraphs C, D 2, E 3, and F 2 of this Item:

H.1. The Director, Department of Planning and Budget, is authorized to adjust the source and amount of appropriation in this item for debt service associated with bonds issued for Route 58 and the Northern Virginia Transportation District program based on actual debt service requirements needed during the biennium.

2. In accordance with Chapters 1019 and 1044, Acts of Assembly of 2000, the project list, as included in Enactment 3 of such Chapters, is amended to include all projects listed in the Virginia Transportation Development Plan as adopted and may be amended by the Commonwealth Transportation Board from time to time as eligible for funding from the proceeds of the Federal Highway Reimbursement Anticipation Notes. Enactment 2 of such Chapter is amended to increase the authorized amount of outstanding Federal Reimbursement Anticipation Notes at any one time to $1,000,000,000. Out of the amounts provided for this item, amounts estimated at $53,728,184 the first year and $75,357,900 the second year shall be provided from federal highway and highway assistance reimbursements for the debt service payments on the Federal Highway Reimbursement Anticipation Notes.

3. The funds deposited to the Priority Transportation Fund may be used to pay costs incurred for projects and project delivery, including administrative costs, for any project in the Virginia Transportation Development Plan, including the secondary road system, as well as for maintenance of the state highway and bridge infrastructure.

I. Notwithstanding the amounts specified in § 33.1-75.1 C and D of the Code of Virginia, $15,000,000 per year in Commonwealth Transportation Funds shall be allocated to localities for secondary road revenue sharing.

J. The Department of Transportation shall be responsible for completing commitments made on behalf of the Commonwealth's obligations toward the construction of the National Air and Space Museum extension. Notwithstanding the Plan of Finance, total financing commitments may exceed $40,000,000, but shall be limited to only those obligations noted in the plan. Funds may be transferred from Capital Project 501-16015 upon approval by the Department of Planning and Budget.

K. Notwithstanding any other provisions of law, the general fund deposits to the Priority Transportation Fund pursuant to Chapters 1019 and 1044, Acts of Assembly 2000, are hereby suspended.

L. Pursuant to the provisions of the Public Private Transportation Act (PPTA) of 1995, §§ 56-556 et. seq., Code of Virginia, the Virginia Department of Transportation may enter into a Comprehensive Agreement with a private operator to undertake the first phase of the Coalfields Expressway. Subject to the approval of the Governor, the Department of Transportation is authorized to make contractual payments in consideration of the undertaking of the operator under the PPTA with respect to such project. Any such payments, when and if required, can be made from any transportation funding source, commencing no earlier than the fiscal year ending June 30, 2005. It is the intent of the General Assembly to appropriate such funds as required to enable the Department of Transportation to make such contractual payments.