Authority: Discretionary Inclusion
Notwithstanding any other provision of law, $824,007,050 is appropriated in this Item to implement the provisions of the Transportation Partnership Act of 2005. This amount shall be transferred in the amounts specified to the Items listed below and shall be used for the purposes detailed below.
1. Out of this appropriation, $140,000,000 the first year from the general fund is provided to the Private Partnership Fund, to support the timely and cost-effective construction and acquisition of transportation facilities pursuant to the Public-Private Transportation Act of 1995, as amended.
2. Out of this appropriation, $80,000,000 the first year from the general fund is provided to the Transit Partnership Fund, for the purposes outlined in § 58.1-638 A.4.g, Code of Virginia.
3. Out of this appropriation, $40,000,000 the first year from the general fund and $40,000,000 the second year from the Commonwealth Transportation Fund is provided to the Local Partnership Fund, to encourage local governments to manage and administer the design, acquisition, or construction, of transportation facilities within their boundaries.
4. Out of this appropriation, $23,200,000 the second year from the Commonwealth Transportation Fund is provided to the Rail Partnership Fund, to improve freight and passenger rail services throughout the Commonwealth.
5. Out of this appropriation, $90,000,000 the first year from the general fund and $166,400,000 the second year from the Commonwealth Transportation Fund shall be transferred to Item 488 of this act and deposited into the highway share of the Transportation Trust Fund to fully fund projects in the interstate, primary, and urban systems identified as complete but requiring a deficit payoff in the FY 2005-2010 Six-Year Improvement Program.
6. Out of this appropriation, $97,400,000 the second year is provided from federal funds and shall be transferred to Item 489 of this Act for maintenance of existing transportation infrastructure, which is specified in the Code of Virginia as the first priority use of available transportation funds.
7. Out of this appropriation, $123,400,000 the second year from Commonwealth Transportation Funds shall be transferred and allocated in accordance with Item 469 of this act and Titles 33.1 and 58.1 of the Code of Virginia, to address the overall needs of the transportation infrastructure.
8. Out of this appropriation, $23,607,050 the second year from the general fund is provided to eliminate diversion of Commonwealth Transportation Fund revenues to other agencies and purposes:
a. The director, Department of Planning and Budget, shall transfer general fund appropriations in the second year from this Item to the following agencies to be used in lieu of revenue from Commonwealth Transportation Funds, as follows:
| Item No. | Agency | Activity | GF Amount |
| 125 | Department of Minority Business Enterprise | Minority business activities | $1,338,243 |
| 134 | Virginia Tourism Authority | Welcome Centers | $1,000,000 |
| 143 | Department of Education | Driver Training | $218,904 |
| 290 | Department of the Treasury | Management of funds investment | $143,454 |
| 397 | Department of Historic Resources | Transportation project reviews | $100,000 |
| 399 | Department of Marine Resources | Marine patrols | $277,578 |
| 434 | Department of Emergency Management | Hazardous materials response teams | $828,741 |
| 456 | Department of State Police | Highway patrol services | $7,292,301 |
| §3-1.02 D. | Department of General Services | Petroleum product testing | $282,905 |
| Total | | | $11,482,126 |
b. Notwithstanding the provisions of Part 3 of this act, the Comptroller shall not transfer to the general fund the amounts from Fund Group 0400 (Commonwealth Transportation Fund) listed below and $12,124,914 from the general fund appropriation in this Item shall revert to the general fund:
| Item No. | Agency | Activity | GF Amount |
| §3-1.01 A. | Unspecified | Inspection of gasoline, fuels and oils | $97,586 |
| §3-1.01 C. | Department of Motor Vehicles | Unrefunded marine fuels tax | $7,416,469 |
| | | Improvement of Chesapeake Bay and tributaries | |
| §3-1.01 F. | Department of Emergency Management | Indirect cost reimbursement | $10,302 |
| §3-1.01 F. | Department of Transportation | Indirect cost reimbursement | $4,180,250 |
| §3-1.01 F. | Department of Rail and | Indirect cost reimbursement | $229,360 |
| | Public Transportation | | |
| §3-1.01 L. | Department of Minority Business Enterprise | Payroll processing | $695 |
| §3-1.01 Q.1. | Department of Emergency Management | Transfers to effect budget savings | $38,118 |
| §3-1.01 Q.1. | Department of State Police | Transfers to effect budget savings | $152,144 |
| | | | |
| Total | | | $12,124,924 |
c. For those agencies listed in subparagraph a. above that have Commonwealth Transportation Fund appropriations in the second year, the director, Department of Planning and Budget, shall reduce such appropriation by an amount equal to the amount of general fund appropriation transferred in accordance with the provisions of this section. Furthermore, the director shall increase the nongeneral fund appropriation of the Department of Transportation by $23,607,050 in the second year, which shall be allocated by the department in accordance with Item 469 of this act and Titles 33.1 and 58.1 of the Code of Virginia to address the overall needs of the transportation infrastructure.
d. The Comptroller shall establish on the books of the Commonwealth the following special funds: Private Partnership Fund, Transit Partnership Fund, Local Partnership Fund, and Rail Partnership Fund.