HOUSE BILL NO. 3179 Offered January 19, 2007 A BILL to amend the Code of Virginia by adding a section numbered 33.1-250.1, relating to imposition and collection of tolls for use of certain transportation facilities. ---------- Patron-- Gear ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 33.1-250.1 as follows:

§ 33.1-250.1. Department to impose and collect tolls for use of certain transportation facilities.

A. The Department of Transportation, as soon as practicable, shall impose and collect tolls for the use of the following facilities:

1. The Hampton Roads Bridge-Tunnel (Interstate Route 64 and U.S. Route 60 bridge-tunnel across/beneath Hampton Roads between Hampton and Norfolk);

2. The Midtown Tunnel (U.S. Route 58 tunnel beneath the Elizabeth River between Norfolk and Portsmouth);

3. The Downtown Tunnel (Interstate Route 264 tunnel beneath the Elizabeth River between Norfolk and Portsmouth); and

4. U.S. Route 460 between its junction with Interstate Route 295 in Prince George County and the U.S. Route 13/58/460 bypass in the City of Suffolk.

Proceeds from any such tolls shall be used in accordance with federal requirements and to fund the Authority's expenses in carrying out its duties and obligations.  If any required federal authorization required to carry out the provisions of this section is not obtained, the Department shall impose and collect tolls for use of such components for which required federal authorization either (i) has been obtained of for which no federal authorization is required.

B. The amount of tolls authorized by this section shall be determined by the Commonwealth Transportation Board, unless otherwise provided in an act of the General Assembly. Tolls may be varied from facility to facility, by time of day, day of the week, traffic congestion, number of vehicle axles, or some combination thereof.  Provision may be made for reduced tolls for commuters.

C. Tolls collected at one facility shall be used exclusively to physically expand or otherwise increase the traffic capacity of the facility for whose use they are collected and for construction of a new U.S. Route 460 facility as provided in subdivision 4 of subsection A. Each facility shall have a separate bond issue, and debt service for each such bond issue shall be paid exclusively from tolls collected for use of that facility. Tolls from one facility shall not be commingled with those from any other facility. Bonds issued pursuant to this section may be renegotiated to lower interest, but shall not increase the amount of principal. When bonds for any facility shall have been paid, imposition and collection of tolls for use of that facility shall cease.

D. No tolls shall be imposed and collected for use of any facility pursuant to this section unless and until the governing body of every county and city in or through whose territory any portion of the facility is located shall authorize the imposition and collection of such tolls by a majority vote. following a public hear, provided that, if a facility is located within or passes through more than two localities, tolls shall be authorized if a majority of the local governing bodies of such localities approve.

E. Upon presentation of a toll pass issued pursuant to regulations promulgated by the Commonwealth Transportation Board, the following persons may use all facilities for use of which a toll is imposed and collected pursuant to this section without the payment of toll while in the performance of their official duties:

1. The Commonwealth Transportation Commissioner; 

2. Members of the Commonwealth Transportation Board; 

3. Employees of the Virginia Department of Transportation; 

4. The Superintendent of the Department of State Police; 

5. Officers and employees of the Department of State Police; 

6. Members of the Alcoholic Beverage Control Board; 

7. Employees of the regulatory and hearings divisions of the Department of Alcoholic Beverage Control and special agents of the Department of Alcoholic Beverage Control; 

8. The Commissioner of the Department of Motor Vehicles; 

9. Employees of the Department of Motor Vehicles; 

10. Local police officers; 

11. Sheriffs and their deputies; 

12. Regional jail officials; 

13. Animal wardens; 

14. The Director and officers of the Department of Game and Inland Fisheries; 

15. Persons operating fire-fighting equipment and ambulances owned by a political subdivision of the Commonwealth or a nonprofit association or corporation; 

16. Operators of school buses being used to transport pupils to or from schools; 

17. Operators of (i) commuter buses having a capacity of 20 or more passengers, including the driver, and used to regularly transport workers to and from their places of employment and (ii) public transit buses; 

18. Employees of the Department of Rail and Public Transportation; 

19. Employees of any transportation facility created pursuant to the Virginia Highway Corporation Act of 1988; and 

20. Law-enforcement officers of the Virginia Marine Resources Commission. 

E. All tolls imposed and collected pursuant to this section shall be deposited at least monthly into a special fund and allocated by the Board exclusively for funding the maintenance and operation of all highway facilities, including bridges and tunnels, under the control of the Department of Transportation.

2.  That the Commonwealth Transportation Commissioner, on behalf of the Commonwealth Transportation Board and the Department of Transportation, shall immediately seek any and all requisite federal approvals necessary for the implementation of the provisions of this act.