SB708: Transportation needs; provides several mechanisms for funding, report.
Patrons-- Hawkins, Chichester, Colgan, Edwards, Houck, Howell, Lambert, Locke, Lucas, Potts, Quayle, Rerras, Reynolds, Saslaw, Ticer, Wagner, Whipple and Williams
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-1509.2, 33.1-23.03:8, 33.1-23.1, 46.2-694, 46.2-694.1, 46.2-697, 46.2-698, 46.2-700, 46.2-730, 46.2-752, 46.2-753, 58.1-602, 58.1-609.5, 58.1-638, 58.1-2217, 58.1-2249, 58.1-2289, 58.1-2402, 58.1-2425, 58.1-2701, and 58.1-2706 of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding sections numbered 33.1-23.1:01, 33.1-23.1:02, 33.1-221.1:1.2, and 46.2-702.1, by adding in Chapter 22 of Title 58.1 an article numbered 8.1, consisting of a section numbered 58.1-2288.1, and by adding in Article 2 of Chapter 25 of Title 58.1 a section numbered 58.1-2531 as follows:
§ 2.2-1509.2. Use of transportation moneys.
If any money in the Highway Maintenance and
Operating Fund or the Transportation Trust Fund established pursuant to §
33.1-23.03:1 is proposed to be used for any purpose other than administering,
planning, constructing, improving, and maintaining the roads embraced in the
systems of highways for the Commonwealth and its localities and/or furthering
the interests of the Commonwealth in the areas of public transportation,
railways, seaports, and/or airports, then the Governor, if such diversion is
proposed by the Governor, shall include with any such proposal a plan for
repayment of funds diverted within three years of such use in "The Budget
Bill" submitted pursuant to § 2.2-1509.
If such diversion of funds from the Highway
Maintenance and Operating Fund or the Transportation Trust Fund is proposed by
the General Assembly as an amendment to the Budget Bill, such amendment shall
include language setting out the plan for repayment of such funds within three
years.
A. All moneys credited to the Highway Maintenance and Operating Fund, the Priority Transportation Fund, the Rail Enhancement Fund, the Shortline Railway Preservation and Development Fund, the Transportation Trust Fund, the Virginia Rural Transportation Fund, and the Virginia Urban Congestion Relief Fund, hereinafter referred to as "the Funds," or any related subaccount, fund, or subfund of any of the Funds shall be used for the purposes specified in this section.
B. 1. Such moneys credited to the Funds shall be the revenues designated for deposit into any of the Funds from (i) the revenues generated annually from the taxes, fees, or other charges imposed under Titles 33.1 and 46.2 of the Code of Virginia; (ii) the revenues generated annually pursuant to Chapters 11, 12, and 15 of the Acts of Assembly of 1986, Special Session, as the provisions of such Chapters may be amended; (iii) the revenues generated annually from Chapters 6 (§ 58.1-600 et seq.), 6.1 (§ 58.1-640 et seq.), 8 (§ 58.1-800 et seq.), 22 (§ 58.1-2200 et seq.), 24 (§ 58.1-2400 et seq.), 25 (§ 58.1-2500 et seq.), and 27 (§ 58.1-2700 et seq.) of Title 58.1; and (iv) such other sources as the General Assembly may dedicate or appropriate to any of the Funds. In addition, all interest, dividends, or appreciation accruing to any of the Funds shall also be part of the Funds and be used for the purposes specified in this section.
2. The revenues described in subdivision 1 shall include but are not limited to the revenues described in subdivisions A 1 and A 2 of § 33.1-23.03:8; all taxes and fees collected under Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1 credited to the Highway Maintenance and Operating Fund as provided in subsection C of § 58.1-2701; all funds, tolls, revenues, amounts required to be paid over to the Transportation Trust Fund, and interest, dividends, and appreciation accruing to the Transportation Trust Fund or the Highway Maintenance and Operating Fund, as designated for the Transportation Trust Fund pursuant to § 33.1-23.03:1; all state recordation taxes deposited into the U.S. Route 58 Corridor Development Fund pursuant to § 58.1-815; all state recordation taxes deposited or transferred into the Northern Virginia Transportation District Fund pursuant to § 58.1-815.1 and any public rights-of-way use fees or state or local revenues deposited into the Northern Virginia Transportation District Fund pursuant to such section; all state recordation taxes deposited or transferred into the Transportation Improvement Program Set-aside Fund pursuant to § 58.1-816.1; the revenues from the motor vehicle sales and use tax deposited into the Rail Enhancement Fund pursuant to clause (iv) of subsection A of § 58.1-2425; the revenues from the insurance license tax on automobile premiums deposited into the Virginia Urban Congestion Relief Fund as provided under § 58.1-2531 pursuant to enactments of the 2006 Session of the General Assembly; the revenues from the vehicle registration fees deposited into the Virginia Urban Congestion Relief Fund as provided under § 46.2-702.1 pursuant to enactments of the 2006 Session of the General Assembly; the revenues from the state sales and use taxes deposited into the Virginia Urban Congestion Relief Fund as provided in subsection G of § 58.1-638 pursuant to enactments of the 2006 Session of the General Assembly; the revenues from the fuels taxes deposited into the Highway Maintenance and Operating Fund, the Commonwealth Transit Capital Fund, the Virginia Urban Congestion Relief Fund, and the Virginia Rural Transportation Fund as provided in subsection F of § 58.1-2289 pursuant to enactments of the 2006 Session of the General Assembly; the revenues from the motor vehicle sales and use tax deposited into the Virginia Urban Congestion Relief Fund, the Virginia Rural Transportation Fund, the Rail Enhancement Fund, and the Shortline Railway Preservation and Development Fund as provided in clause (vi) of subsection A of § 58.1-2425 pursuant to enactments of the 2006 Session of the General Assembly; any damages and costs collected pursuant to § 33.1-191 as designated for deposit into the Transportation Trust Fund under such section; any civil penalties, and interest thereon, and cost recoveries designated for deposit into any of the Funds as provided under law; fees for dealer's license plates designated for deposit into the Transportation Trust Fund pursuant to § 46.2-1546; any excess earnings to be deposited into the Transportation Trust Fund under a comprehensive agreement entered into under the Public-Private Transportation Act of 1995 (§ 56-556 et seq.) pursuant to subsection E of § 56-566; revenues from the lease, sale, or other conveyance made by the Commonwealth Transportation Board that are designated for deposit into any of the Funds as provided under law; and any locally generated revenues deposited into any of the Funds as provided under law.
C. All moneys credited to the Funds shall be used solely for purposes of:
1. Administering, planning, constructing, improving, or maintaining the roads embraced in the systems of highways for the Commonwealth and its localities, including access roads and bikeways adjacent thereto, or furthering the interests of the Commonwealth in the areas of highways, public transportation, railways, seaports, airports, or congestion mitigation;
2. Making payments on bonds or other obligations (including bond anticipation notes and refunding bonds) that have been issued or entered into to finance transportation projects that are directly related to the purposes described in subdivision 1; or
3. Making loans to finance transportation projects that are directly related to the purposes described in subdivision 1.
D. No moneys designated for deposit into the general fund of the state treasury shall be used for any of the purposes described in subsection C or for any other transportation-related purpose except that moneys designated for deposit into the general fund of the state treasury shall be used for (i) making debt service payments on any transportation-related bonds or other obligations issued pursuant to Article X, Section 9 (c) of the Virginia Constitution in those cases in which the revenues dedicated for the payment of the debt service on such bonds or other obligations are insufficient to make full payment; and (ii) purposes of making the $40 million deposit under § 58.1-815 and the $40 million deposit under § 58.1-816, including any portion of such $40 million deposit under § 58.1-816 that is actually deposited or transferred into (a) the Northern Virginia Transportation District Fund established under § 58.1-815.1 or (b) the Transportation Improvement Program Set-aside Fund established under § 58.1-816.1.
§ 33.1-23.03:8. Priority Transportation Fund established.
A. There is hereby created in the state treasury a special nonreverting fund to be known as the Priority Transportation Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. All funds as may be designated in the appropriation act for deposit to the Fund shall be paid into the state treasury and credited to the Fund. Such funds shall include:
1. A portion of the moneys actually collected, including penalty and interest, attributable to any increase in revenues from the taxes imposed under Chapter 22 (§ 58.1-2200 et seq.) of Title 58.1, with such increase being calculated as the difference between such tax revenues collected in the manner prescribed under Chapter 22 less such tax revenues that would have been collected using the prescribed manner in effect before the effective date of Chapter 22. The portion to be deposited to the Fund shall be the moneys actually collected from such increase in revenues (but not including additional revenues described in subsection F of § 58.1-2289) and allocated for highway and mass transit improvement projects as set forth in § 33.1-23.03:2, but not including any amounts that are allocated to the Commonwealth Port Fund and the Commonwealth Airport Fund under such section. There shall also be deposited into the Fund all additional federal revenues attributable to Chapter 22 (§ 58.1-2200 et seq.) of Title 58.1; and
2. Beginning with the fiscal year ending June 30, 2000, and for fiscal years thereafter, all revenues that exceed the official forecast, pursuant to § 2.2-1503, for (i) the Highway Maintenance and Operating Fund and (ii) the allocation to highway and mass transit improvement projects as set forth in § 33.1-23.03:2, but not including any amounts that are allocated to the Commonwealth Port Fund and the Commonwealth Airport Fund under such section; and
3. Any other such funds as may be transferred, allocated, or appropriated.
The Fund shall be considered a part of the Transportation Trust Fund. 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 for the purposes enumerated in subsection B of this section. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller.
B. The Commonwealth Transportation Board shall use the Fund to facilitate the financing of priority transportation projects throughout the Commonwealth. The Board may use the Fund either (i) by expending amounts therein on such projects directly, (ii) by payment to any authority, locality, commission or other entity for the purpose of paying the costs thereof, or (iii) by using such amounts to support, secure, or leverage financing for such projects. No expenditures from or other use of amounts in the Fund shall be considered in allocating highway maintenance and construction funds under § 33.1-23.1 or apportioning Transportation Trust Fund funds under § 58.1-638, but shall be in addition thereto. The Board shall use the Fund to facilitate the financing of priority transportation projects as designated by the General Assembly; provided, however, that, at the discretion of the Commonwealth Transportation Board, funds allocated to projects within a transportation district may be allocated among projects within the same transportation district as needed to meet construction cash-flow needs.
§ 33.1-23.1. Allocation of funds among highway systems.
A. The Commonwealth Transportation Board shall allocate each year from all funds made available for highway purposes such amount as it deems reasonable and necessary for the maintenance of roads within the interstate system of highways, the primary system of state highways, the secondary system of state highways 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 to withdraw 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 and pursuant to other provisions in this title which provide for the disposition of funds prior to allocation for highway purposes, and after allocation is made pursuant to subsection A of this section, the Commonwealth Transportation Board shall allocate each year the remaining funds available for highway purposes, exclusive of federal funds for the interstate system, among the several highway systems for construction first pursuant to §§ 33.1-23.1:1 and 33.1-23.1:2 and then as follows:
1. Forty percent of the remaining funds exclusive of federal-aid matching funds for the interstate system shall be allocated to the primary system of state highways, including the arterial network, and in addition, an amount shall be allocated to the primary system as interstate matching funds as provided in subsection B of § 33.1-23.2.
2. Thirty percent of the remaining funds exclusive of federal-aid matching funds for the interstate system shall be allocated to urban highways for state aid pursuant to § 33.1-44.
3. Thirty percent of the remaining funds exclusive of federal-aid matching funds for the interstate system shall be allocated to the secondary system of state highways.
C. Notwithstanding the foregoing provisions of this section, the General Assembly may, through the general appropriations act, permit the Governor to increase the amounts to be allocated to highway maintenance, highway construction, either or both.
D. The provisions of this section shall not apply to funds deposited in the Virginia Urban Congestion Relief Fund (§ 33.1-23.1:01) or the Virginia Rural Transportation Fund (§ 33.1-23.1:02), whether such funds are designated for highway or non-highway purposes.
§ 33.1-23.1:01. Virginia Urban Congestion Relief Fund established; report.
A. There is hereby created in the state treasury a special nonreverting fund known as the Virginia Urban Congestion Relief Fund, hereafter referred to as "the Fund," to be administered by the Board. The Fund shall be established on the books of the Comptroller. Any moneys collected by virtue of § 46.2-702.1, subsection G of § 58.1-638, the applicable provisions of subsection F of § 58.1-2289, the applicable provisions of clause (vi) of subsection A of § 58.1-2425, § 58.1-2531, and any other public or private moneys designated for the Fund 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. 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 chairman of the Board.
B. Moneys in the Fund shall solely be used to address statewide and regional transportation projects and needs in the Commonwealth's urban areas as follows:
1. A minimum percentage, as designated by the Board, of the moneys allocated from the Fund in a given fiscal year shall be used for non-highway related projects, including but not limited to transit projects, transportation-demand management, rail development, ports, airports, and higher density development;
2. A minimum percentage, as designated by the Board, of the moneys allocated from the Fund in a given fiscal year shall be used for local projects approved by a Metropolitan Planning Organization that will provide transportation relief in less than 18 months, including but not limited to intersection improvements, the extension of existing turning lanes, the addition of passing lanes, additional signals, commuter bus services, and transportation-demand management services; and
3. The remaining moneys in the Fund may be disbursed to fund projects based on applications by Metropolitan Planning Organizations, other transportation authorities established by the General Assembly, the Virginia Department of Transportation, and the Department of Rail and Public Transportation, or to make debt service payments on obligations incurred by the Board that address urban transportation needs.
C. The Board shall establish eligibility standards and requirements for projects to be funded by the Fund, and policies and procedures for applications for allocations and grants from the Fund. Such eligibility standards shall require a demonstration that land-use actions have been undertaken to protect the integrity of the project, and shall require the applicant to provide matching funds at a level specified by the Board, which may include right-of-way donations, in-kind matches, or non-state dollars. No single project shall be allocated more than 50% of total available funds. Any project for which grants are provided pursuant to this section shall be added to the Six-Year Improvement Program, if not already included in such Program.
D. In assigning priorities for funding eligibility, the Board shall consider, but not be limited to, the extent to which:
1. Expenditures associated with project design have already been incurred;
2. Implementation of the project has been delayed, in terms of the 20-year planning cycle;
3. Construction of the project would result in substantial local and regional highway congestion mitigation;
4. Completion of the project would substantially improve commuting time between major residential areas and centers of employment; and
5. Implementation of the project would improve air quality or mitigate vehicle emissions or other environmental hazards.
E. The Board shall establish specific performance measures and criteria by which to measure the success of the projects supported by the Fund. These performance measures shall include, but not be limited to, standards for returns on investment and goals related to safety improvements, connectivity, economic development, improved air quality, and traffic mitigation. The Board shall review the performance measures annually, and assess the progress of the Fund in meeting these goals and standards.
F. For purposes of this section, "urban area" means those areas so designated by the Commonwealth Transportation Commissioner and approved by the Board. The areas and boundaries shall be based upon the designation of urbanized areas by the United States Bureau of the Census. In establishing the urban areas and their boundaries, the Commissioner shall seek the input of the governing bodies of the affected counties, cities, and towns.
G. Notwithstanding any other provision in this section and as provided in the appropriation act, all moneys in the Fund shall first be used to offset the debt service payment requirements of the Transportation Trust Fund established under § 33.1-23.03:1 attributable to Federal Highway Reimbursement Anticipation Notes.
H. No expenditures from or other use of amounts in the Fund shall be considered in allocating highway maintenance and construction funds under § 33.1-23.1 or apportioning Transportation Trust Fund funds under § 58.1-638.
I. The Board shall report annually to the Governor and the General Assembly as to the status of the Fund. The report shall include a detailed list of the awards and grants made during the previous fiscal year and any debt service payments or obligations. The report shall indicate the minimum percentages determined by the Board for non-highway projects and local projects, as required in subdivisions B 1 and B 2, including details of how awards or grants fit into this allocation formula. The report shall also include a detailed review of the Fund's performance measures and an analysis of the progress of the Fund in meeting these standards and measures.
§ 33.1-23.1:02. Virginia Rural Transportation Fund established; report.
A. There is hereby created in the state treasury a special nonreverting fund known as the Virginia Rural Transportation Fund, hereafter referred to as "the Fund," to be administered by the Board. The Fund shall be established on the books of the Comptroller. Any moneys collected by virtue of the applicable provisions of subsection F of § 58.1-2289, the applicable provisions of clause (vi) of subsection A of § 58.1-2425, and any other public or private moneys designated for the Fund 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. 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 chairman of the Board.
B. Moneys in the Fund shall be used to address statewide and regional transportation projects and needs in the Commonwealth's rural areas as follows:
1. A minimum percentage, as designated by the Board, of the moneys allocated from the Fund in a given fiscal year shall be used for non-highway related projects to improve transportation in rural areas; and
2. The remaining moneys in the Fund may be disbursed for projects in rural areas based on application by Metropolitan Planning Organizations, Planning District Commissions, other transportation authorities established by the General Assembly, the Virginia Department of Transportation, and the Department of Rail and Public Transportation, or to make debt service payments on obligations incurred by the Board that address rural transportation needs.
C. The Board shall establish additional eligibility standards for projects to be funded from the Fund, and policies and procedures for applications for allocations and grants from the Fund. Such eligibility standards shall require a demonstration that land-use actions have been undertaken to protect the integrity of the project, and shall require the applicant to provide matching funds at a level specified by the Board, which may include right-of-way donations, in-kind matches, or non-state dollars. No single project shall be awarded more than 50% of total available funds. Any project for which grants are provided pursuant to this section shall be added to the Six-Year Improvement Program, if not already included in such Program.
D. The Board shall establish specific performance measures and criteria by which to measure the success of the projects supported by the Fund. These performance measures shall include, but not be limited to, standards for returns on investment and goals related to safety improvements, connectivity, improved air quality, and economic development. The Board shall review the performance measures annually, and assess the progress of the Fund in meeting these goals and standards.
E. For purposes of this section, "rural area" means any area not designated as an "urban area" pursuant to § 33.1-23.1:01.
F. The Board shall report annually to the Governor and the General Assembly as to the status of the Fund. The report shall include a detailed list of the awards and grants made during the previous fiscal year and any debt service payments or obligations. The report shall indicate the minimum percentage determined by the Board for non-highway projects, as required in subdivision B 1, including details of how awards or grants fit into this allocation formula. The report shall also include a detailed review of the Fund's performance measures and an analysis of the progress of the Fund in meeting these standards and measures.
G. No expenditures from or other use of amounts in the Fund shall be considered in allocating highway maintenance and construction funds under § 33.1-23.1 or apportioning Transportation Trust Fund funds under § 58.1-638.
§ 33.1-221.1:1.2. Shortline Railway Preservation and Development Fund.
A. The General Assembly declares shortline railway preservation and development of railway transportation support facilities to be important elements of a balanced transportation system of the Commonwealth for freight and passengers, and further that the retention, maintenance, and improvement of the shortline railway and development of railway transportation support facilities are essential to the Commonwealth's continued economic growth, vitality, and competitiveness in national world markets. There is hereby created in the state treasury a special nonreverting fund to be known as the Shortline Railway Preservation and Development Fund, hereinafter in this section referred to as "the Fund." A "shortline railway," for the purposes of this section, shall mean any Class II or Class III railroad as defined by the United States Surface Transportation Board. "Railway transportation support facilities," for the purposes of this section, shall mean facilities required for the loading, transfer, or additional track capacity to facilitate the shipment of goods by rail other than as provided for in § 33.1-221.1:1 or 33.1-221.1:1.1.
B. The Fund shall be established on the books of the Comptroller. Any moneys collected by virtue of the applicable provisions of clause (vi) of subsection A of § 58.1-2425 and any other public or private moneys designated for the Fund 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 recommendations of the Rail Advisory Committee and the approval of the Commonwealth Transportation Board, the Fund for acquiring, leasing, and improving shortline railways and the development of railway transportation support facilities or assisting other appropriate entities to acquire, lease, or improve shortline railways and the development of railway transportation purposes whenever the Board shall have determined that such acquisition, lease, and improvement is for the common good of a region of the Commonwealth or the Commonwealth as a whole. The Director of the Department of Rail and Public Transportation may consult with other agencies or their designated representatives concerning projects to be undertaken under this section.
D. Tracks and facilities constructed, and property and equipment purchased, with funds under this section shall be the property of the Commonwealth for the useful life of the project, not to exceed 15 years, as determined by the Director of the Department of Rail and Public Transportation, and shall be made available for use by all common carriers using the railway system to which they connect under the trackage rights agreements between the parties. Projects undertaken pursuant to this section shall be limited to those in a region of the Commonwealth or the Commonwealth as a whole. Such projects shall include a minimum of 30% cash or in-kind matching contribution from a private source, which may include a railroad, a regional authority, private industry, or a local government source, or a combination of such sources. No single project shall be allocated more than 50% of total available funds.
E. No expenditures from or other use of amounts in the Fund shall be considered in allocating highway maintenance and construction funds under § 33.1-23.1 or apportioning Transportation Trust Fund funds under § 58.1-638.
§ 46.2-694. Fees for vehicles designed and used for transportation of passengers; weights used for computing fees; burden of proof.
A. The annual registration fees for motor vehicles, trailers, and semitrailers designed and used for the transportation of passengers on the highways in the Commonwealth are:
1. Twenty-threeThirty-three
dollars for each private passenger car or motor home if the passenger car or
motor home weighs 4,000 pounds or less, provided that it is not used for the
transportation of passengers for compensation and is not kept or used for rent
or for hire, or is not operated under a lease without a chauffeur.
2. Twenty-eightForty-eight
dollars for each passenger car or motor home which weighs more than 4,000
pounds, provided that it is not used for the transportation of passengers for
compensation and is not kept or used for rent or for hire, or is not operated
under a lease without a chauffeur.
3. Thirty cents per 100 pounds or major fraction thereof for a
private motor vehicle other than a motorcycle with a normal seating capacity of
more than 10 adults including the driver if the private motor vehicle is not
used for the transportation of passengers for compensation and is not kept or
used for rent or for hire or is not operated under a lease without a chauffeur.
In no case shall the fee be less than $23$33
if the vehicle weighs 4,000 pounds or less or $28$48
if the vehicle weighs more than 4,000 pounds.
4. Thirty cents per 100 pounds or major fraction thereof for a
school bus. In no case shall the fee be less than $23$33
if the vehicle weighs 4,000 pounds or less or $28$38
if the vehicle weighs more than 4,000 pounds.
5. Twenty-threeThirty-three
dollars for each trailer or semitrailer designed for use as living quarters for
human beings.
6. ThirteenTwenty-three
dollars plus $ 0.30 per 100 pounds or major fraction thereof for each motor
vehicle, trailer, or semitrailer used as a common carrier of passengers,
operating either intrastate or interstate. Interstate common carriers of
interstate passengers may elect to be licensed and pay the fees prescribed in
subdivision 7 of this subsection on submission to the Commissioner of a
declaration of operations and equipment as he may prescribe. An additional $5
shall be charged if the motor vehicle weighs more than 4,000 pounds.
7. ThirteenTwenty-three
dollars plus $ 0.70 per 100 pounds or major fraction thereof for each motor
vehicle, trailer, or semitrailer used as a common carrier of interstate
passengers if election is made to be licensed under this subsection. An
additional $5 shall be charged if the motor vehicle weighs more than 4,000
pounds. In lieu of the foregoing fee of $ 0.70 per 100 pounds, a motor carrier
of passengers, operating two or more vehicles both within and outside the
Commonwealth and registered for insurance purposes with the Surface
Transportation Board of the United States Department of Transportation, Federal
Highway Administration, may apply to the Commissioner for prorated
registration. Upon the filing of such application, in such form as the
Commissioner may prescribe, the Commissioner shall apportion the registration
fees provided in this subsection so that the total registration fees to be paid
for such vehicles of such carrier shall be that proportion of the total fees,
if there were no apportionment, that the total number of miles traveled by such
vehicles of such carrier within the Commonwealth bears to the total number of
miles traveled by such vehicles within and outside the Commonwealth. Such total
mileage in each instance is the estimated total mileage to be traveled by such
vehicles during the license year for which such fees are paid, subject to the
adjustment in accordance with an audit to be made by representatives of the
Commissioner at the end of such license year, the expense of such audit to be
borne by the carrier being audited. Each vehicle passing into or through
Virginia shall be registered and licensed in Virginia and the annual
registration fee to be paid for each such vehicle shall not be less than $33$43.
For the purpose of determining such apportioned registration fees, only those
motor vehicles, trailers, or semitrailers operated both within and outside the
Commonwealth shall be subject to inclusion in determining the apportionment
provided for herein.
8. ThirteenTwenty-three
dollars plus $ 0.80 per 100 pounds or major fraction thereof for each motor
vehicle, trailer or semitrailer kept or used for rent or for hire or operated
under a lease without a chauffeur for the transportation of passengers. An
additional fee of $5 shall be charged if the vehicle weighs more than 4,000
pounds. This subsection does not apply to vehicles used as common carriers.
9. Twenty-threeThirty-three
dollars for a taxicab or other vehicle which is kept for rent or hire operated
with a chauffeur for the transportation of passengers, and which operates or
should operate under permits issued by the Department as required by law. An
additional fee of $5 shall be charged if the vehicle weighs more than 4,000
pounds. This subsection does not apply to vehicles used as common carriers.
10. EighteenTwenty-eight
dollars for a motorcycle, with or without a sidecar. To this fee shall be added
a surcharge of $3 which shall be distributed as provided in § 46.2-1191.
11. Twenty-threeThirty-three
dollars for a bus used exclusively for transportation to and from church
school, for the purpose of religious instruction, or church, for the purpose of
divine worship. If the empty weight of the vehicle exceeds 4,000 pounds, the
fee shall be $28$38.
12. ThirteenTwenty-three
dollars plus $ 0.70 per 100 pounds or major fraction thereof for other
passenger-carrying vehicles.
13. An additional fee of $4 per year shall be charged and collected at the time of registration of each pickup or panel truck and each motor vehicle under subdivisions 1 through 12 of this subsection. All funds collected pursuant to this subdivision shall be paid into the state treasury and shall be set aside as a special fund to be used only for emergency medical service purposes. The moneys in the special fund shall be distributed as follows:
a. Two percent shall be distributed to the State Department of Health to provide funding to the Virginia Association of Volunteer Rescue Squads to be used solely for the purpose of conducting volunteer recruitment, retention and training activities;
b. Thirty percent shall be distributed to the State Department of Health to support (i) emergency medical services training programs (excluding advanced life support classes); (ii) advanced life support training; (iii) recruitment and retention programs (all funds for such support shall be used to recruit and retain volunteer emergency medical services personnel only, including public awareness campaigns, technical assistance programs, and similar activities); (iv) emergency medical services system development, initiatives, and priorities based on needs identified by the State Emergency Medical Services Advisory Board; (v) local, regional, and statewide performance contracts for emergency medical services to meet the objectives stipulated in § 32.1-111.3; (vi) technology and radio communication enhancements; and (vii) improved emergency preparedness and response. Any funds set aside for distribution under this provision and remaining undistributed at the end of any fiscal year shall revert to the Rescue Squad Assistance Fund;
c. Thirty-two percent shall be distributed to the Rescue Squad Assistance Fund;
d. Ten percent shall be available to the State Department of Health's Office of Emergency Medical Services for use in emergency medical services; and
e. Twenty-six percent shall be returned by the Comptroller to the locality wherein such vehicle is registered, to provide funding for training of volunteer or salaried emergency medical service personnel of licensed, nonprofit emergency medical services agencies and for the purchase of necessary equipment and supplies for use in such locality for licensed, nonprofit emergency medical and rescue services.
The Comptroller shall clearly designate on the warrant, check, or other means of transmitting these funds that such moneys are only to be used for purposes set forth in this subdivision. Such funds shall be in addition to any local appropriations and local governing bodies shall not use these funds to supplant local funds. Each local governing body shall report annually to the Board of Health on the use of the funds returned to it pursuant to this section. In any case in which the local governing body grants the funds to a regional emergency medical services council to be distributed to the licensed, nonprofit emergency medical and rescue services, the local governing body shall remain responsible for the proper use of the funds. If, at the end of any fiscal year, a report on the use of the funds returned to the locality pursuant to this section for that year has not been received from a local governing body, any funds due to that local governing body for the next fiscal year shall be retained until such time as the report has been submitted to the Board.
B. All motor vehicles, trailers, and semitrailers registered as provided in subsection B of § 46.2-646 shall pay a registration fee equal to one-twelfth of all fees required by subsection A of this section or § 46.2-697 for such motor vehicle, trailer, or semitrailer, computed to the nearest cent, multiplied by the number of months in the registration period for such motor vehicles, trailers, and semitrailers.
C. The manufacturer's shipping weight or scale weight shall be used for computing all fees required by this section to be based upon the weight of the vehicle.
D. The applicant for registration bears the burden of proof that the vehicle for which registration is sought is entitled by weight, design, and use to be registered at the fee tendered by the applicant to the Commissioner or to his authorized agent.
§ 46.2-694.1. Fees for trailers and semitrailers not designed and used for transportation of passengers.
Unless otherwise specified in this title, the registration fees for trailers and semitrailers not designed and used for the transportation of passengers on the highways in the Commonwealth shall be as follows:
Registered Gross Weight 1-Year Fee 2-Year Fee Permanent Fee
0-1,500 lbs
1,501-4,000 lbs
4,001 lbs & above
From the foregoing registration fees, the following amounts, regardless of weight category, shall be paid by the Department into the state treasury and set aside for the payment of the administrative costs of the safety inspection program provided for in Article 21 (§ 46.2-1157 et seq.) of Chapter 10 of this title: (i) from each one-year registration fee, one dollar and fifty cents; (ii) from each two-year registration fee, three dollars; and (iii) from each permanent registration fee, four dollars.
§ 46.2-697. Fees for vehicles not designed or used for transportation of passengers.
A. Except as otherwise provided in this section, the fee for
registration of all motor vehicles not designed and used for the transportation
of passengers shall be thirteen dollars$23 plus an
amount determined by the gross weight of the vehicle or combination of vehicles
of which it is a part, when loaded to the maximum capacity for which it is
registered and licensed, according to the schedule of fees set forth in this
section. For each 1,000 pounds of gross weight, or major fraction thereof, for
which any such vehicle is registered, there shall be paid to the Commissioner
the fee indicated in the following schedule immediately opposite the weight
group and under the classification established by the provisions of subsection
B of § 46.2-711 into which such vehicle, or any combination of vehicles of
which it is a part, falls when loaded to the maximum capacity for which it is
registered and licensed. The fee for a pickup or panel truck shall be twenty-three dollars$33 if its gross weight is 4,000 pounds
or less, and twenty-eight dollars$48
if its gross weight is 4,001 pounds through 6,500 pounds. The fee shall be twenty-nine
dollars$39 for any motor vehicle with a gross
weight of 6,501 pounds through 10,000 pounds.
Fee Per Thousand Pounds of Gross Weight
Gross Weight Private For Rent or
Groups (pounds) Carriers For Hire Carriers
---------------------------------------------------------------
--------------
10,001 - 11,000 $2.60 $4.75
11,001 - 12,000 2.80 4.90
12,001 - 13,000 3.00 5.15
13,001 - 14,000 3.20 5.40
14,001 - 15,000 3.40 5.65
15,001 - 16,000 3.60 5.90
16,001 - 17,000 4.00 6.15
17,001 - 18,000 4.40 6.40
18,001 - 19,000 4.80 7.50
19,001 - 20,000 5.20 7.70
20,001 - 21,000 5.60 7.90
21,001 - 22,000 6.00 8.10
22,001 - 23,000 6.40 8.30
23,001 - 24,000 6.80 8.50
24,001 - 25,000 6.90 8.70
25,001 - 26,000 6.95 8.90
26,001 - 27,000 8.25 10.35
27,001 - 28,000 8.30 10.55
28,001 - 29,000 8.35 10.75
29,001 - 40,000 8.45 10.95
40,001 - 45,000 8.55 11.15
45,001 - 50,000 8.75 11.25
50,001 - 55,000 9.25 13.25
55,001 - 76,000 11.25 15.25
76,001 - 80,000 13.25 16.25
For all such motor vehicles exceeding a gross weight of 6,500 pounds, an additional fee of five dollars shall be imposed.
B. In lieu of registering any motor vehicle referred to in this section for an entire licensing year, the owner may elect to register the vehicle only for one or more quarters of a licensing year, and in such case, the fee shall be twenty-five percent of the annual fee plus five dollars for each quarter that the vehicle is registered.
C. When an owner elects to register and license a motor vehicle under subsection B of this section, the provisions of §§ 46.2-646 and 46.2-688 shall not apply.
D. Notwithstanding any other provision of law, no vehicle designed, equipped, and used to tow disabled or inoperable motor vehicles shall be required to register in accordance with any gross weight other than the gross weight of the towing vehicle itself, exclusive of any vehicle being towed.
E. All registrations and licenses issued for less than a full year shall expire on the date shown on the license and registration.
§ 46.2-698. Fees for farm vehicles.
A. The fees for registration of farm motor vehicles having
gross weights of 7,500 pounds or more, when such vehicles are used exclusively
for farm use as defined in this section, shall be one-half of the fee per 1,000
pounds of gross weight for private carriers as calculated under the provisions
of § 46.2-697 and one-half of the fee for overload permits under § 46.2-1128,
but the annual registration fee to be paid for each farm vehicle shall not be
less than $15$25.
B. A farm motor vehicle is used exclusively for farm use:
1. When owned by a person who is engaged either as an owner, renter, or operator of a farm of a size reasonably requiring the use of such vehicle or vehicles and when such vehicle is:
a. Used in the transportation of agricultural products of the farm he is working to market, or to other points for sale or processing, or when used to transport materials, tools, equipment, or supplies which are to be used or consumed on the farm he is working, or when used for any other transportation incidental to the regular operation of such farm;
b. Used in transporting forest products, including forest materials originating on a farm or incident to the regular operation of a farm, to the farm he is working or transporting for any purpose forest products which originate on the farm he is working; or
c. Used in the transportation of farm produce, supplies, equipment, or materials to a farm not worked by him, pursuant to a mutual cooperative agreement.
2. When the nonfarm use of such motor vehicle is limited to the personal use of the owner and his immediate family in attending church or school, securing medical treatment or supplies, or securing other household or family necessities.
C. As used in this section, the term "farm" means one or more areas of land used for the production, cultivation, growing, or harvesting of agricultural products, but does not include a tree farm that is not also a nursery or Christmas tree farm, unless it is part of what otherwise is a farm. As used in this section, the term "agricultural products" means any nursery plants; Christmas trees; horticultural, viticultural, and other cultivated plants and crops; aquaculture; dairy; livestock; poultry; bee; or other farm products.
D. The first application for registration of a vehicle under this section shall be made on forms provided by the Department and shall include:
1. The location and acreage of each farm on which the vehicle to be registered is to be used;
2. The type of agricultural commodities, poultry, dairy products or livestock produced on such farms and the approximate amounts produced annually;
3. A statement, signed by the vehicle's owner, that the vehicle to be registered will only be used for one or more of the purposes specified in subsection B of this section; and
4. Other information required by the Department.
The above information is not required for the renewal of a vehicle's registration under this section.
E. The Department shall issue appropriately designated license plates for those motor vehicles registered under this section. The manner in which such license plates are designated shall be at the discretion of the Commissioner.
F. The owner of a farm vehicle shall inform the Commissioner within 30 days or at the time of his next registration renewal, whichever comes first, when such vehicle is no longer used exclusively for farm use as defined in this section, and shall pay the appropriate registration fee for the vehicle based on its type of operation. It shall constitute a Class 2 misdemeanor to: (i) operate or to permit the operation of any farm motor vehicle for which the fee for registration and license plates is herein prescribed on any highway in the Commonwealth without first having paid the prescribed registration fee; or (ii) operate or permit the operation of any motor vehicle, registered under this section, for purposes other than as provided under subsection B of this section; or (iii) operate as a for-hire vehicle.
G. Nothing in this section shall affect the exemptions of agricultural and horticultural vehicles under §§ 46.2-664 through 46.2-670.
H. Notwithstanding other provisions of this section, vehicles licensed under this section may be used by volunteer rescue squad members and volunteer firefighters in responding to emergency calls, in reporting for regular duty, and in attending squad meetings and drills.
§ 46.2-700. Fees for vehicles for transporting well-drilling machinery and specialized mobile equipment.
A. The fee for registration of any motor vehicle, trailer, or
semitrailer on which well-drilling machinery is attached and which is
permanently used solely for transporting the machinery shall be $15$25.
B. The fee for the