15.2-4838.1 - Use of certain revenues by the Authority.
§ 15.2-4838.1. Use of certain revenues by the Authority.
A. All moneys received by the Authority and the proceeds of bonds issuedpursuant to § 15.2-4839 shall be used by the Authority solely fortransportation purposes benefiting those counties and cities that areembraced by the Authority.
B. Forty percent of the revenues shall be distributed on a pro rata basis,with each locality's share being the total of such fees and taxes assessed orimposed by the Authority and received by the Authority that are generated orattributable to the locality divided by the total of such fees and taxesassessed or imposed by the Authority and received by the Authority. Of therevenues distributed pursuant to this subsection (i) in the Cities ofAlexandria, Fairfax, and Falls Church and the County of Arlington the first50% shall be used solely for urban or secondary road construction andimprovements and for public transportation purposes, and (ii) in theremaining localities, the first 50% shall be used solely for urban orsecondary road construction and improvements. The remainder, as determinedsolely by the applicable locality, shall be used either for additional urbanor secondary road construction; for other transportation capital improvementswhich have been approved by the most recent long range transportation planadopted by the Authority; or for public transportation purposes. Solely forpurposes of calculating the 40% of revenues to be distributed pursuant tothis subsection, the revenue generated pursuant to § 58.1-3221.3 and Article8 (§ 15.2-2317 et seq.) of Chapter 22 of this title by the counties andcities embraced by the Authority shall be considered revenue of theAuthority. None of the revenue distributed by this subsection may be used torepay debt issued before July 1, 2007. Each locality shall provide annuallyto the Northern Virginia Transportation Authority sufficient documentation asrequired by the Authority showing that the funds distributed under thissubsection were used as required by this subsection.
C. The remaining 60% of the revenues from such sources shall be used by theAuthority solely for transportation projects and purposes that benefit thecounties and cities embraced by the Authority.
1. The revenues under this subsection shall be used first to pay any debtservice owing on any bonds issued pursuant to § 15.2-4839, and then asfollows:
a. The next $50 million each fiscal year shall be distributed to theWashington Metropolitan Area Transit Authority (WMATA) and shall be used forcapital improvements benefiting the area embraced by the Authority forWMATA's transit service (Metro). The Authority shall first make use of thatportion of such annual distribution as may be necessary under therequirements of federal law for the payment of federal funds to WMATA, butonly if the matching federal funds are exclusive of and in addition to theamount of other federal funds appropriated for such purposes and are in anamount not less than the amount of such funds appropriated in the federalfiscal year ending September 30, 2007;
For each year after 2018 any portion of the amount distributed pursuant tothis subsection may be used for mass transit improvements in Prince WilliamCounty;
b. The next $25 million each fiscal year shall be distributed to the VirginiaRailway Express for operating and capital improvements, including but notlimited to track lease payments, construction of parking, dedicated rail onthe Fredericksburg line, rolling stock, expanded service in Prince WilliamCounty, and service as may be needed as a result of the Base Realignment andClosure Commission's action regarding Fort Belvoir.
2. All transportation projects undertaken by the Northern VirginiaTransportation Authority shall be completed by private contractorsaccompanied by performance measurement standards, and all contracts shallcontain a provision granting the Authority the option to terminate thecontract if contractors do not meet such standards. Notwithstanding theforegoing, any locality may provide engineering services or right-of-wayacquisition for any project with its own forces. The Authority shall availitself of the strategies permitted under the Public-Private TransportationAct (§ 56-556 et seq.) whenever feasible and advantageous. The Authority isindependent of any state or local entity, including the Virginia Departmentof Transportation (VDOT) and the Commonwealth Transportation Board (CTB), butthe Authority, VDOT and CTB shall consult with one another to avoidduplication of efforts and, at the option of the Authority, may combineefforts to complete specific projects. Notwithstanding the foregoing, at therequest of the Authority, VDOT may provide the Authority with engineeringservices or right-of-way acquisition for the project with its own forces.When determining what projects to construct under this subsection, theAuthority shall base its decisions on the combination that (i) equitablydistributes the funds throughout the localities, and (ii) constructs projectsthat move the most people or commercial traffic in the most cost-effectivemanner, and on such other factors as approved by the Authority.
3. All revenues deposited to the credit of the Authority shall be used forprojects benefiting the localities embraced by the Authority, with eachlocality's total long-term benefits being approximately equal to the total ofthe fees and taxes received by the Authority that are generated by orattributable to the locality divided by the total of such fees and taxesreceived by the Authority.
D. For road construction and improvements pursuant to subsection B, theDepartment of Transportation may, on a reimbursement basis, provide thelocality with planning, engineering, right-of-way, and construction servicesfor projects funded in whole by the revenues provided to the locality by theAuthority.
(2007, c. 896; 2009, cc. 410, 556.)