Authority: Titles 33.2 and 58.1, Code of Virginia.

A.1. Except as provided in Item 435, the Commonwealth Transportation Board shall allocate all monies in the Commonwealth Mass Transit Fund, as provided herein and in § 33.2-1526.1, Code of Virginia. The total appropriation for the Commonwealth Mass Transit Fund is estimated to be $533,200,000 the first year and $544,900,000 the second year from the Transportation Trust Fund. From these funds, the following estimated allocations shall be made:

a. $111,700,000 the first year and $114,400,000 the second year to statewide Operating Assistance as provided in § 33.2-1526.1, Code of Virginia.

b. $77,500,000 the first year and $79,400,000 the second year from the Commonwealth Mass Transit Fund to statewide Capital Assistance.

c. $212,000,000 the first year and $217,100,000 the second year from the Commonwealth Mass Transit Fund to the Northern Virginia Transportation Commission to support the operating and capital costs of the Washington Metropolitan Area Transit Authority.

d. $27,400,000 the first year and $28,000,000 the second year from the Commonwealth Mass Transit Fund to the Transit Ridership Incentive Program.

e. $16,000,000 the first year and $16,300,000 the second year from the Commonwealth Mass Transit Fund to Virginia Railway Express Assistance.

f. $11,400,000 the first year and $11,700,000 the second year from the Commonwealth Mass Transit Fund to Special Programs.

g. Notwithstanding the provisions of paragraphs A.1.a-f of this item, prior to the annual adoption of the Six-Year Improvement Program, the Commonwealth Transportation Board may allocate funding from the Commonwealth Mass Transit Fund to implement the transit and transportation demand management improvements identified for the I-95 corridor. Such costs shall include only direct transit capital and operating costs as well as transportation demand management activities.

2. Included in this item is $1,500,000 the first year and $1,500,000 the second year from the Commonwealth Mass Transit Trust Fund. These allocations are designated for “paratransit" capital projects and enhanced transportation services for the elderly and disabled.

3. Included in this item is an amount estimated at $2,000,000 the first year and $2,000,000 the second year from the Commonwealth Mass Transit Trust Fund. These allocations are designated for federally mandated state safety oversight of fixed rail guideway transit agencies located in the Commonwealth.

4. Included in this item is $50,000,000 the first year as provided in Chapters 854 and 856 of the 2018 Acts of Assembly and $50,000,000 the second year from the Commonwealth Mass Transit Fund for the state match for the Passenger Rail Investment and Improvement Act (PRIIA) funding.

B. Funds from a stable and reliable source, as required in Public Law 96-184, as amended, are to be provided to Metro from payments authorized and allocated in this program and pursuant to §58.1-2295, Code of Virginia. Notwithstanding any other provision of law, funds allocated to Metro under this program may be disbursed by the Department of Rail and Public Transportation directly to Metro or to any other transportation entity that has an agreement to provide funding to Metro as deemed appropriate by the Department. In appointing the Virginia members of the board of directors of the Washington Metropolitan Area Transit Authority (WMATA), the Northern Virginia Transportation Commission shall include the Secretary of Transportation or his designee as a principal member on the WMATA board of directors.

C. All Commonwealth Mass Transit Funds appropriated for Financial Assistance for Public Transportation shall be used only for public transportation purposes as defined by the Federal Transit Administration or outlined in § 33.2-1526.1, Code of Virginia.

D. It is the intent of the General Assembly that no transit operating assistance funding, as provided in A.1.a. of this item, be used to support any new transit system or route at a level higher than such project would be eligible for under the allocation formula set out in § 33.2-1526.1 D. 1., Code of Virginia, beyond the first two years of its operation.

E. Distribution of Washington Metropolitan Area Transit Authority Capital Fund Revenues represents direct payments, of the revenue collected and deposited into the Fund, to the Washington Metropolitan Area Transit Authority for uses pursuant to Chapter 34 of Title 33.2, Code of Virginia.

F.1. Out of the amounts included in this item, $60,200,000 the first year and $84,500,000 the second year from the general fund are provided for additional operating assistance for the Washington Metropolitan Area Transit Authority. The provisions of Virginia Code § 33.2-1526.1 (K) are temporarily suspended for fiscal years 2025 and 2026. This section of Code shall resume in fiscal year 2027. This Code change provides a two-year suspension of the requirement that limits the annual Virginia operating assistance for the Washington Metropolitan Area Transit Authority to no more than three percent over the prior year's approved budget.

2. The Washington Metropolitan Area Transit Authority shall complete a comparison of its total costs and overhead costs, defined as general administration and non-vehicle maintenance costs, against the cost of similar transit systems providing service in the cities of Boston, MA; Chicago, IL; New York, NY; Philadelphia, PA; San Francisco, CA; and Washington, DC, and submit this comparison to the Joint Subcommittee on Northern Virginia Public Transit.

G. Notwithstanding § 33.2-1915, Code of Virginia, the Potomac and Rappahannock Transportation District Commission may enter into contracts or agreements with the counties, cities or towns, or planning districts that are within an adjacent planning district to provide commuter transit service between such counties, cities or towns, and Washington D.C. in the I-66 and US 29 corridors.