HOUSE BILL NO. 2164 Offered January 10, 2007 Prefiled January 9, 2007 A BILL to amend the Code of Virginia by adding in Title 33.1 a chapter numbered 10.2, consisting of sections numbered 33.1-391.6, 33.1-391.7, and 33.1-391.8 and to repeal Chapter 1041 of the Acts of Assembly of 2003, relating to the TransDominion Express Commission. ---------- Patron-- Valentine ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Title 33.1 a chapter numbered 10.2, consisting of sections numbered 33.1-391.6, 33.1-391.7, and 33.1-391.8, as follows:

CHAPTER 10.2. TRANSDOMINION EXPRESS COMMISSION.

§ 33.1-391.6. Commission created; purpose.

There is hereby created a body corporate and a political subdivision of the Commonwealth to be known as the TransDominion Express Commission, hereinafter in this chapter known as "the Commission." The Commission shall have the responsibility within the TransDominion Corridor of (i) negotiating legal relationships required for operations, maintenance, pilot site, accountability, and governance; (ii) identifying needed construction, reconstruction, improvements, repairs, extensions, additions, restorations, acquisitions of real or personal property, rails, tracks, rights-of-way, terminals, bridges, tunnels, signals, and any other equipment, infrastructure, or facilities that are or may be used to provide for the transportation of passengers by rail in coordination with freight rail in the Commonwealth that the Commission determines to be in the public interest, hereinafter referred to as a "rail transportation project"; and (iii) determining financial viability and identifying funding revenue and finance or assist in financing any such rail project.

For purposes of this chapter, "TransDominion Corridor" means, generally, the intercity rail corridor from Bristol through Roanoke and Lynchburg, including branches extending from Lynchburg to Richmond and from Lynchburg to Washington, D.C., through Charlottesville and including communities adjacent thereto and to such other destinations as the Commission may deem appropriate.

§ 33.1-391.7. Composition of Commission; chairman and vice-chairman; quorum.

The Commission shall consist of nine voting members appointed by the Governor subject to confirmation by the General Assembly who reside within the TransDominion Corridor. Members shall serve for terms of four years and may be reappointed for one additional term.

For the initial appointments only, four of the appointments may be for terms of two years so as to allow for staggered terms. Such initial two-year terms shall not be included in the two-term limitation. Vacancies shall be filled by gubernatorial appointment for any unexpired term.

The Commission shall annually elect from its membership a chairman and vice-chairman, who shall continue to hold such office until their respective successors are elected. Five members of the Commission shall constitute a quorum.

The members of the Commission shall be reimbursed their actual and necessary expenses incurred in carrying out their duties and, in addition, shall be paid the same per diem as provided in the general appropriation act for members of the General Assembly engaged in legislative business between sessions.

§ 33.1-391.8. Powers of Commission.

The Commission shall have the following powers, together with all powers incidental thereto or necessary for the performance of those hereinafter stated:

1. To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;

2. To adopt and use a corporate seal and to alter the same at pleasure;

3. To procure insurance, participate in insurance plans, and provide self-insurance; however, the purchase of insurance, participation in an insurance plan, or the creation of a self-insurance plan by the Commission shall not be deemed a waiver or relinquishment of any sovereign immunity to which the Commission or its officers, directors, employees, or agents are otherwise entitled;

4. To establish bylaws and make all rules and regulations, not inconsistent with the provisions of this chapter, deemed expedient for the management of the Commission's affairs;

5. To apply for and accept money, materials, contributions, grants, or other financial assistance from the United States and agencies or instrumentalities thereof, the Commonwealth, or any political subdivision, agency, or instrumentality of the Commonwealth;

6. To make loans or grants for purposes that are consistent with this chapter and otherwise to receive and expend moneys on behalf of the Commission;

7. To acquire real and personal property or any interest therein by purchase, lease, gift, or otherwise, and to hold, encumber, sell, or otherwise dispose of such land or interest, for purposes consistent with this chapter;

8. To construct or acquire, by purchase, lease, contract, or otherwise, rail transportation facilities;

9. To enter into agreements or leases with public or private entities for the operation of rail transportation facilities it has acquired;

10. To make and execute contracts and all other instruments and agreements necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter;

11. To the extent that funds are made available to the Commission to do so, to employ employees, agents, advisers, and consultants, including, without limitation, attorneys, financial advisers, engineers, and other technical advisers and, the provisions of any other law to the contrary notwithstanding, to determine their duties and compensation;

12. To establish and collect fees, charges, or other revenue for the use of the property, equipment, or facilities of the Commission, and to pledge such fees, charges, or other revenues to service debt authorized under this chapter; and

13. To the extent not inconsistent with other provisions of this chapter, and without limiting or restricting the powers otherwise given the Commission, to exercise all the powers given to transportation district commissions by § 15.2-4518, except the right to exercise the power of eminent domain.

Any TransDominion Express operations within the Virginia Railway Express service area shall coordinate all train operations with the Virginia Railway Express and any affected local jurisdiction.

No provision of this chapter shall be construed as authorizing the Commission to (i) impose fees, financial obligations, or mandates of any kind on any common carrier freight railroad without the express consent of the common carrier railroad or (ii) exercise the power of eminent domain.

2.  That Chapter 1041 of the Acts of Assembly of 2003 is repealed.