33.1-23.1 - Allocation of funds among highway systems.

§ 33.1-23.1. Allocation of funds among highway systems.

A. The Commonwealth Transportation Board shall allocate each year from allfunds made available for highway purposes such amount as it deems reasonableand necessary for the maintenance of roads within the interstate system ofhighways, the primary system of state highways, the secondary system of statehighways and for city and town street maintenance payments made pursuant to §33.1-41.1 and payments made to counties which have withdrawn or elect towithdraw from the secondary system of state highways pursuant to §33.1-23.5:1.

B. After funds are set aside for administrative and general expenses andpursuant to other provisions in this title which provide for the dispositionof funds prior to allocation for highway purposes, and after allocation ismade pursuant to subsection A of this section, the CommonwealthTransportation Board may allocate each year up to 10% of the funds remainingfor highway purposes for the undertaking and financing of rail projects that,in the Board's determination, will result in mitigation of highwaycongestion. After the forgoing allocations have been made, the Board shallallocate the remaining funds available for highway purposes, exclusive offederal funds for the interstate system, among the several highway systemsfor construction first pursuant to §§ 33.1-23.1:1 and 33.1-23.1:2 and then asfollows:

1. Forty percent of the remaining funds exclusive of federal-aid matchingfunds for the interstate system shall be allocated to the primary system ofstate highways, including the arterial network, and in addition, an amountshall be allocated to the primary system as interstate matching funds asprovided in subsection B of § 33.1-23.2.

2. Thirty percent of the remaining funds exclusive of federal-aid matchingfunds for the interstate system shall be allocated to urban highways forstate aid pursuant to § 33.1-44.

3. Thirty percent of the remaining funds exclusive of federal-aid matchingfunds for the interstate system shall be allocated to the secondary system ofstate highways.

C. In addition, the Commonwealth Transportation Board, from fundsappropriated for such purpose in the general appropriation act, shallallocate additional funds to the Cities of Newport News, Norfolk, andPortsmouth and the County of Warren in such manner and apportion such fundsamong such localities as the Board may determine, unless otherwise providedin the general appropriation act. The localities shall use such funds toaddress highway maintenance and repair needs created by or associated withport operations in those localities.

D. Notwithstanding the foregoing provisions of this section, the GeneralAssembly may, through the general appropriations act, permit the Governor toincrease the amounts to be allocated to highway maintenance, highwayconstruction, either or both.

(1977, c. 578; 1979, c. 84; 1985, c. 42; 1986, c. 572; 2006, c. 937; 2007, c.305.)