33.1-23.4 - Allocation of construction funds within secondary system.
§ 33.1-23.4. Allocation of construction funds within secondary system.
A. Such funds as are allocated to the secondary system of state highwayspursuant to paragraph 3 of subsection B of § 33.1-23.1 shall be apportionedamong the several counties in the secondary system by the CommonwealthTransportation Board so that each such county shall be allocated a share ofsuch funds equal to the proportion that such county bears to the Commonwealthas a whole in terms of area and population with population being weighted 80percent, and area being weighted 20 percent. For the purpose of this section,"area" means the total land area of a county reduced by the area of anymilitary reservations and state or national parks or forests within itsboundaries and such other similar areas and facilities of five square milesin area or more, as may be determined by the Commonwealth TransportationBoard.
For the purposes of this section, the term "population" shall mean eitherpopulation according to the latest United States census or the latestpopulation estimate of the Center for Public Service of the University ofVirginia, whichever is more recent.
If so requested in a resolution adopted by the local governing body, fundsallocated to any county under this section may be used to support primaryhighway system construction projects within the county.
Before allocating funds under the foregoing provisions of this section, theBoard may provide for exceptionally heavy expenditures for repairs orreplacements made necessary by highway damage resulting from accidents,severe weather conditions, acts of God or vandalism.
B. Notwithstanding other provisions of this section, not more than one-thirdof the annual secondary system highway funds apportioned to a county underthis section may be used to reimburse the county for (i) debt service forbonds or (ii) eligible project costs incurred on approved projects includedin the county's Secondary Six-Year Plan and the county's capital improvementprogram. Such funds may also be used by the county for debt service for bondsissued for, or eligible project costs incurred or to be incurred on, approvedprojects included, at the time such bonds are issued or such costs areincurred or are to be incurred, in the Six-Year Improvement Program of theCommonwealth Transportation Board and the county's capital improvementprogram. Any such funds so apportioned to and received by such county, or anyportion thereof, may be deposited in a special fund that shall be establishedseparate and apart from any other funds, general or special.
When a county presents a resolution requesting that a portion of its annualsecondary construction allocation be set aside for reimbursement for, orpayment of, debt service under this section for a specific eligible project,the Commonwealth Transportation Board shall, subject to appropriation andallocation, set aside no more than one-third of the anticipated annualallocation of secondary system construction funding to the county for suchpurpose, provided such funds have not been previously committed for projectscontained in the county's Secondary Six-Year Plan.
The setting aside and use of funds under this section for reimbursement for,or payment of, debt service shall be subject to such terms and conditions asmay be prescribed by the Commonwealth Transportation Commissioner.
The provisions of this section shall not constitute a debt or obligation ofthe Commonwealth Transportation Board or the Commonwealth of Virginia.
C. In counties having elected to manage the construction program for thesecondary system of state highways within the county, in accordance with §33.1-84.1, payment of funds from the allocation of secondary constructionfunds for the county may be made in equal amounts, one in each quarter of thefiscal year, and shall be reduced by the amount of federal-aid constructionfunds credited to each county, which will be reimbursed as qualifyingexpenditures occur and by the amount of funds forecast by the Department ofTransportation and by the Department of Rail and Public Transportation to beexpended for any construction project or projects or county-wide activitieson behalf of the county or other financial obligations. Those counties thatdecide to take over the responsibility for the secondary construction programshall notify the Commonwealth Transportation Board by July 1 forimplementation the following year. Implementation shall take place asspecified in the agreement referenced in § 33.1-84.1.
D. The chief administrative officer of counties receiving funds undersubsection C of this section shall make annual reports of expenditures to theDepartment of Transportation in such form as the Commonwealth TransportationBoard shall prescribe, accounting for all construction expenditures made fromquarterly payments. Such reports shall be included in the scope of the annualaudit of each county conducted by independent certified public accountants.
(1977, c. 578; 1978, c. 145; 1985, c. 42; 2003, c. 887; 2004, c. 791; 2007,c. 153.)