Wednesday, July 9, 2008
The General Assembly is now in session.
Tracking Virginia’s General Assembly
since 2007.
SB370: Comprehensive highway access management standards; Commissioner to promulgate in phases.
Be it enacted by the General Assembly of Virginia:
1. § 1. That the Commonwealth Transportation Commissioner shall promulgate the comprehensive highway access management standards pursuant to § 33.1-198.1 of the Code of Virginia in phases.
2. That the fourth enactment of Chapter 863 of the Acts of Assembly of 2007 is amended and reenacted as follows:
4. That, until July 1, 2008, the Commissioner shall not be
subject to the requirements of the Administrative Process Act (§ 2.2-4000 et
seq. of the Code of Virginia) as may be necessary to carry out the
provisions of this act promulgate the first phase of the comprehensive
highway access management standards that shall become effective on that date.
However, the Commissioner, in consultation with the Commonwealth Transportation
Board, shall promulgate additional phases of the comprehensive highway access
management standards, subject to the requirements of the Administrative Process
Act (§ 2.2-4000 et seq.), that shall become effective no later than October 1,
2009.
3. That the fourth enactment of Chapter 928 of the Acts of Assembly of 2007 is amended and reenacted as follows:
4. That, until July 1, 2008, the Commissioner shall not be
subject to the requirements of the Administrative Process Act (§ 2.2-4000,
et seq. of the Code of Virginia) as may be necessary to carry out the
provisions of this act promulgate the first phase of the comprehensive
highway access management standards that shall become effective on that date.
However, the Commissioner, in consultation with the Commonwealth Transportation
Board, shall promulgate additional phases of the comprehensive highway access
management standards, subject to the requirements of the Administrative Process
Act (§ 2.2-4000 et seq.), that shall become effective no later than October 1,
2009.
4. That publication of the general notice concerning proposed comprehensive highway access management standards in the Virginia Register on October 15, 2007, shall be considered a valid Notice of Intended Regulatory Action under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) for promulgation of comprehensive highway access management standards for minor arterial roads and collector roads.
5. That an emergency exists and this act is in force from its passage.
Be it enacted by the General Assembly of Virginia:
1. That the fourth enactment of Chapter 863 of the Acts of Assembly of 2007 is amended and reenacted as follows:
4. That, until July 1, 2008,
the Commissioner shall not be subject to the requirements of
the Administrative Process Act (§ 2.2-4000 et seq.) as may be necessary to
carry out the provisions of this act.
2. That an emergency exists and this act is in force from its passage.
Be it enacted by the General Assembly of Virginia:
1. That § 33.1-221.1:1.1 of the Code of Virginia is amended and reenacted as follows:
§ 33.1-221.1:1.1. Rail Enhancement Fund.
A. The General Assembly declares it to be in the public interest that railway preservation and development of railway transportation facilities are an important element of a balanced transportation system of the Commonwealth for freight and passengers and further declares it to be in the public interest that the retention, maintenance, improvement and development of the railways are essential to the Commonwealth's continued economic growth, vitality, and competitiveness in national and world markets, and there is hereby created in the state treasury a special nonreverting fund to be known as the Rail Enhancement Fund which shall be considered a special fund within the Transportation Trust Fund, hereafter referred to as "the Fund."
B. The Fund shall be established on the books of the Comptroller, and shall consist of dedications pursuant to § 58.1-2425 and such funds from other sources as may be set forth in the appropriation act and shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely as provided in this section. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Virginia Department of Rail and Public Transportation or the Director's designee.
C. The Director of the Department of Rail and Public Transportation shall administer and expend or commit, subject to the approval of the Commonwealth Transportation Board, the Fund for acquiring, leasing, and/or improving railways or railroad equipment, rolling stock, rights-of-way or facilities, or assisting other appropriate entities to acquire, lease, or improve railways or railroad equipment, rolling stock, rights-of-way or facilities, for freight and/or passenger rail transportation purposes whenever the Board shall have determined that such acquisition, lease, and/or improvement is for the common good of a region of the Commonwealth or the Commonwealth as a whole. Prior to recommending an allocation of the Fund to the Commonwealth Transportation Board, the Director of the Department of Rail and Public Transportation shall consult with and obtain the advice and recommendations of the Rail Advisory Board established pursuant to § 33.1-391.3:1.
D. Projects undertaken pursuant to this section shall be
limited to those the Commonwealth Transportation Board shall have determined
will result in public benefits to the Commonwealth or to a region of the
Commonwealth that are equal to or greater than the investment of funds under
this section. Such Except for projects
proposed by the Director of the Department of Rail and Public Transportation
and approved by the Rail Advisory Board, such projects shall include a minimum of 30 percent cash or
in-kind matching contribution from a private source, which may include a
railroad, a regional authority, or
a local government source, federal governmental sources,
or a combination of such sources.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.