2016 General Assembly

Key Transportation Bills

The 2016 Virginia General Assembly convened in Richmond January 13th – March 11th.  Reconvene Session (“veto session”) is April 20th to consider gubernatorial amendments and vetoes.

This Session, particular attention was given to legislation that would insert legislative approval of individual highway projects into the transportation planning/construction process, prohibit tolling in general, and on I-66 specifically, and maintaining the tenuous compromise on I-66 inside the Beltway project.

The signature event of the Session was Governor McAuliffe’s February 10th announcement of a bipartisan agreement to add a third I-66 inside the Beltway between the Dulles Connector Road and Ballston. This approach transforms to reality the Alliance’s longstanding position on this matter and is strong testimony to the difference the Alliance’s educational/advocacy initiatives and persistence continue to make in advancing transportation investments of greatest regional significance.

Click here to check the status of any General Assembly bill.

Key Transportation Bills

Commonwealth Transportation Board

HB 716 (LeMunyon)

Commonwealth Transportation Board; project evaluation -Requires that for Northern Virginia, the HB2 rating for congestion mitigation shall be given a weight twice the weight of  all other factors combined. 

Left in House Transportation

HB 718 (LeMunyon)

Commonwealth Transportation Board; project proposals to regional organizations. Requires the CTB to annually submit projects that from a statewide perspective improve the efficiency and effectiveness of the transportation system and just solicit localities for input.  Currently, as regulated, the CTB may submit only up to 2 projects and otherwise all projects are submitted by localities.

Left in House Transportation

HB 719 (LeMunyon)

Commonwealth Transportation Board; value of statewide prioritization Requires that the HB2 rating factor criteria be public no later than 30 days prior to a vote. 

Signed by the Governor

HB 384 (Marshall, Robert)

Commonwealth Transportation Board; meetings. Requires the Commonwealth Transportation Board to hold at least one hearing on projects that are located wholly within a single highway construction district and valued in excess of $25 million in the highway construction district where the project being considered is located prior to a vote on the project.

Passed House and Senate with substitute

HB 1346 (Villanueva)

Commonwealth Transportation Board; regional membership. Increases from 17 to 19 the membership of the Commonwealth Transportation Board by the addition of two nonlegislative citizen members: one from the Hampton Roads Transportation Accountability Commission and one from the Northern Virginia Transportation Authority.

Continued to 2017 in House Transportation by voice vote

SB 258 (Surovell)

Commonwealth Transportation Board; voting weighted by population. Provides that the votes of the nine nonlegislative citizen members of the Commonwealth Transportation Board who represent the nine highway construction districts shall be weighted on the basis of the population of each member’s district as a percentage of the total population of the Commonwealth.

Passed by indefinitely in Senate Transportation

SB 471 (Wagner)

Commonwealth Transportation Board; regional membership. Increases from 17 to 19 the membership of the Commonwealth Transportation Board by the addition of two nonlegislative citizen members: one from the Hampton Roads Transportation Accountability Commission and one from the Northern Virginia Transportation Authority.

Stricken at request of Patron in Senate Transportation

Funding

HB 1008 (Levine)

Motor vehicle fuels; sales tax in certain transportation districts, price floor. Places a floor on the 2.1 percent regional gas tax to match the floor on the statewide gas tax that was set in HB2313, correcting an oversight from HB2313. The regional gas tax supports transit services for NVTC and PRTC, including VRE operations and WMATA local funding matches.

Stricken from docket

HJ 139 (LaRock)

Constitutional Amendment (first resolution); transportation funds 

Left in Privileges and Elections

SB 477 (Wagner)

Motor vehicle fuels; sales tax in certain transportation districts, price floor. Places a floor on the 2.1 percent regional gas tax to match the floor on the statewide gas tax that was set in HB2313, correcting an oversight from HB2313. The regional gas tax supports transit services for NVTC and PRTC, including VRE operations and WMATA local funding matches.

Stricken Stricken from docket

SB 742 (Wagner)

Motor vehicle fuels sales tax in certain transportation districts. Changes the regional gas tax in Hampton Roads from a percentage to a cents per gallon tax that decreases as the price of gas increases. The regional gas tax in Hampton Roads would have a floor of $0.05 per gallon and a ceiling of $0.14 per gallon and would be determined on the basis of the average wholesale price of unleaded regular gasoline. The bill places a floor on the price of gasoline that the regional gas tax is imposed on in Northern Virginia that is identical to the floor used for the statewide gas tax and increases the regional gas tax in Northern Virginia from 2.1% to 3%.

Continued to 2017 in House Finance

I-66

HJ 110 (LeMunyon)

Study: Secretary of Transportation; tolling alternatives on Interstate 66; report.  Requires a study of alternatives to adding vehicle capacity to I-66 inside the beltway and to evaluate alternatives through H599

Left in House Rules

HB 1 (LeMunyon)

Interstate 66: tolls on existing components east of mile marker 67 prohibited .  Prohibits tolls on existing components of Interstate 66 inside the Beltway

Left in House Appropriations

HB 380 (Marshall, Robert)

Interstate 66: tolls prohibited from Haymarket to Interstate 495. Prohibits the imposition or collection of any toll on Interstate 66 from Haymarket to Interstate 495.

Left in House Transportation   

HB 407 (Bulova)

Interstate 66: designation of HOV lanes. Prohibits HOV-2 lanes of Interstate 66 from being converted to HOV-3 lanes or a more restrictive designation. The bill has a delayed effective date of July 1, 2017, and an expiration date of January 1, 2020.

Passed House and Senate with substitute 

HB 631 (Bell)

Tolling on Interstate 66.  Prohibits tolls on existing components of Interstate 66 east of mile marker 67.

Left in House Transportation

HB 712 (Marshall, Robert)

Interstate 66: tolls prohibited from Haymarket to Interstate 66.  Prohibits the imposition or collection of any toll on Interstate 66 from Haymarket to Interstate 495 and requires the same portion of Interstate 66 to include not less than four lanes in each direction.

Left in House Transportation         

HB 713 (Marshall, Robert)

Interstate 66: advisory referendum on collection of tolls. Provides for an advisory referendum in each county and city in Planning District 8 on the questions of whether tolls should be imposed and collected on Interstate 66 inside the Capital Beltway and whether tolls should be imposed and collected on Interstate 66 outside the Capital Beltway. The results of the referendum would be advisory only and are intended to demonstrate the preference of the qualified voters in those counties and cities that would be affected by tolling on Interstate 66.

Left in House Privileges and Elections

HB 841 (Webert)

Interstate 66: prohibits tolls on any component . Prohibits tolls on any component of Interstate 66 outside the Capital Beltway existing prior to July 1, 2016. The bill provides that if additional lanes are added to an interstate highway, those additional lanes may be tolled. The bill prohibits HOV-2 lanes of Interstate 66 from being converted to HOV-3 lanes or a more restrictive designation and prohibits a HOT lane occupancy requirement of more than two. The bill allows vehicles bearing clean special fuel vehicle license plates to use HOT lanes; such vehicles may currently use HOV lanes.

Left in House Transportation

HB 916 (Bulova)

Interstate 66; prohibits imposition or collection of tolls on any component. Prohibits the imposition or collection of tolls on any component of Interstate 66 existing prior to July 1, 2016.

Left in House Transportation

HB 1243 (Marshall, Robert)

Interstate 66; referendum for tolling. Requires that localities in Planning District 8 that are located wholly or partially inside the Capital Beltway have voter approval by referendum before the imposition and collection of tolls for the use of Interstate 66 inside the Capital Beltway.

Left in House Privileges and Elections

HB 1244 (Marshall, Robert)

Referendum for tolling Interstate 66. Requires that localities in Planning District 8 that are located wholly or partially outside the Capital Beltway have voter approval by referendum before the imposition and collection of tolls for the use of Interstate 66 outside the Capital Beltway.

Left in House Privileges and Elections

HB 1374 (Bulova)

Tolls for use of Interstate 66. Provides that the Commonwealth Transportation Board may impose tolls for the use of Interstate 66 from Interstate 495 to Route 29 in Rosslyn only if such tolls are collected at the same time Interstate 66 eastbound is being widened from the Dulles Connector Road to Ballston.

Left in House Transportation

SB 234 (Petersen)

Interstate 66: tolls on existing components east of mile maker 67 prohibited. Prohibits tolls on existing components of Interstate 66 east of mile marker 67. The bill provides that if additional lanes are added after January 1, 2017, toll revenues from use of the additional lanes shall be used only for the construction and maintenance of such additional lanes.

Passed by indefinitely in Senate Transportation (13-Y 0-N)

SB 405 (Vogel)

Tolling additional capacity and designation of HOV and HOT lanes on Interstate 66. Prohibits tolls on any component of Interstate 66 outside the Capital Beltway existing prior to July 1, 2016. The bill provides that if additional lanes are added to an interstate highway, those additional lanes may be tolled. The bill prohibits HOV-2 lanes of Interstate 66 from being converted to HOV-3 lanes or a more restrictive designation and prohibits a HOT lane occupancy requirement of more than two. The bill allows vehicles bearing clean special fuel vehicle license plates to use HOT lanes; such vehicles may currently use HOV lanes.

Incorporated by Senate Transportation (SB295-Lucas) (13-Y 0-N)

HB 715 (LeMunyon)

HOV designation on Interstate 66. Adds to the criteria on which the Commonwealth Transportation Board must base its decision to change the HOV-2 designation to a more restrictive designation on Interstate 66 whether such change in designation has been screened and evaluated by the Department of Transportation in accordance with its responsibilities for analysis of transportation projects in the Northern Virginia Transportation District. The bill has a delayed effective date of January 1, 2020.

Passed House and Senate

HB 1067 (Jones)

Bonds; tolls on I-66. Authorizes the Treasury Board to issue bonds pursuant to Article X, Section 9 (c) of the Constitution of Virginia in an amount up to $1.5 billion plus financing costs to finance the costs of acquiring, constructing, and equipping dynamically tolled lanes on a portion of Interstate 66. Issuance of the bonds is contingent on the Transportation Public-Private Partnership Advisory Committee, prior to January 1, 2018, finding that the issuance is necessary due to the inability of private parties to meet the term sheet published by the Department of Transportation in September 2015 pursuant to the procurement initiated under the Public-Private Transportation Act of 1995.

Continued to 2017 in House Appropriations with substitute by voice vote

SB 60 (Hanger)

Bonds; tolls on I-66. Authorizes the Treasury Board to issue bonds pursuant to Article X, Section 9 (c) of the Constitution of Virginia in an amount up to $1.5 billion plus financing costs to finance the costs of acquiring, constructing, and equipping dynamically tolled lanes on a portion of Interstate 66. Issuance of the bonds is contingent on (i) the Commissioner of Highways finding that the private parties are unable to deliver the I-66 project outside the Beltway in a way that meets the term sheet, (ii)  the Transportation Public-Private Partnership Advisory Committee concurs with the Commissioner’s finding, and (iii) that the Secretary of Finance further concurs and finds that the issuance of bonds is in the public interest. The bill is contingently effective on the requirements for changing the HOV-2 designation on I-66 being met and the Secretary certifying that such requirements have been met. No bonds shall be issued prior to February 20, 2017.

Continued to 2017 in House Appropriations

I-95/I-395

HB 97 (Cole)

Interstate 95 corridor traffic congestion evaluation. Directs the Department of Transportation (the Department) to conduct an evaluation with the Fredericksburg Area Metropolitan Planning Organization of traffic congestion on the Interstate 95 corridor in the George Washington Regional Commission region to determine the feasibility of extending the HOT lanes south on Interstate 95. The bill also directs the Department to report on the evaluation by the first day of the 2019 Regular Session of the General Assembly.

Passed House and Senate  

HB 99 (Cole)

High-occupancy vehicle (HOV)lane: certain vehicle use of HOT lanes on Interstate 395, exceptions. Allows vehicles that have fewer than three occupants that display an installed E-ZPASS transponder and have paid the toll on the Interstate 95 HOT lanes to use HOV lanes of Interstate 395 during peak traffic periods.

Left in House Transportation

HB 225 (Albo)

Interstate system components: approvals of tolls on I-395. Requires approval of the General Assembly prior to the imposition and collection of tolls for the use of Interstate 395.

Left in House Transportation

MWAA

HJ 138 (LaRock)

Study; Joint Commission on Transportation Accountability; report. Directs the Joint Commission on Transportation Accountability to study the Metropolitan Washington Airports Authority’s compliance with the Dulles Toll Road Permit and Operating Agreement.

Left in House Rules

Northern Virginia Transportation Authority

HB 727 (LeMunyon)

Northern Virginia Transportation Authority; decision-making procedure. Codifies existing practice of the NVTA to make information concerning projects in its regional transportation plan publicly available at least 30 days prior to any decision for the expenditure of funds.

Signed by the Governor

HB 901 (Marshall, Robert)

Use of certain revenues by the Northern Virginia Transportation Authority. Requires that 50% of the funds the Northern Virginia Transportation Authority has remaining after distribution to localities be used for bus rapid transit on Interstate 66 or expansion of Virginia Railway Express that benefit the Interstate 66 corridor from Haymarket to Interstate 495, or Interstate 66 construction outside the Capital Beltway until July 1, 2031.

Left in House Transportation

HB 949 (Keam)

Northern Virginia Transportation Authority (NVTA); membership composition. Increases from 17 to 18 the membership of the NVTA and provides that the additional non-legislative citizen member represent towns that receive funds for urban highway systems.

Left in House Transportation

SB 112 (Petersen)

Use of certain revenues by NVTA. Allows new sidewalk projects to be funded by the Northern Virginia Transportation Authority.

Failed to report (defeated) in Senate Transportation (5-Y 7-N)

SB 113 (Petersen)

Northern Virginia Transportation Authority (NVTA); membership composition. Increases from 17 to 18 the membership of the NVTA and provides that the additional nonlegislative citizen member represent towns that receive funds for urban highway systems.

Left in House Transportation

HB 190 (Bulova)

Northern Virginia Transportation Authority; use of population estimates in connect with decisions Provides that the population criterion required for decisions of the Northern Virginia Transportation Authority shall be the estimates, not the projections, made by the Weldon Cooper Center for Public Service of the University of Virginia and provides that the population estimates shall be adjusted once the estimates are available for July 1 of the fifth year after the decennial census. Under current law, the population estimates are adjusted on July 1 of the fifth year, which requires use of the previous year’s data

Signed by Governor

SB 413 (Barker)

Northern Virginia Transportation Authority; use of population estimates in connect with decisions Provides that the population criterion required for decisions of the Northern Virginia Transportation Authority shall be the estimates, not the projections, made by the Weldon Cooper Center for Public Service of the University of Virginia and provides that the population estimates shall be adjusted once the estimates are available for July 1 of the fifth year after the decennial census. Under current law, the population estimates are adjusted on July 1 of the fifth year, which requires use of the previous year’s data

 

Passed Senate and House

Northern Virginia Transportation Commission

HB 723 (LeMunyon)

NOVA: transfer of powers and duties to NOVA Authority. Merges the Northern Virginia Transportation Commission with the Northern Virginia Transportation Authority

Left in House Transportation

HB 181 (Minchew)

Northern Virginia Transportation Commission; membership. Increases the number of nonlegislative citizen members of the Northern Virginia Transportation Commission from 13 to 14 by increasing from one to two the members who represent Loudoun County.

Signed by Governor

SB 277 (Wexton)

Northern Virginia Transportation Commission; membership. Increases the number of nonlegislative citizen members of the Northern Virginia Transportation Commission from 13 to 14 by increasing from one to two the members who represent Loudoun County.

Passed the Senate and House

HB 724 (LeMunyon)

Quorum and action by the Northern Virginia Transportation Commission. Provides quorum and voting procedures for the Northern Virginia Transportation Commission that are analogous to those followed by the Northern Virginia Transportation Authority.

Passed by indefinitely in Senate Transportation with letter

HB 725 (LeMunyon)

Northern Virginia Transportation Commission; membership. Allows the governing body of each participating county and city in the Northern Virginia Transportation Commission (NVTC) to appoint commissioners to the NVTC who are not members of the governing body.

Passed by indefinitely in Senate Transportation

Route 28

HJ 52 (Marshall, Robert)

Study; State Route 28 from Interstate 66 to State Route 7 in Loudoun County; inclusion in the Interstate Highway System; report. Requests the Department of Transportation to study the feasibility of including State Route 28 from Interstate 66 to State Route 7 in Loudoun County in the Interstate Highway System.

Left in House Rules

Tolling

HB 721 (LeMunyon)

Toll Facilities Revolving Account; statewide prioritization process – Would require projects utilizing funds from the Toll Facilities Revolving Account to go through the HB2 process.   Toll Facilities Account is one of the several pots of transportation dollars that is exempt from HB2 evaluation.

Left in House Transportation, failed to report

HB 224 (Marshall, Robert)

Interstate system components: approval of tolls. Requires prior approval by the General Assembly before any tolls may be imposed or collected for the use of any component of the Interstate System.

Left in House Transportation

HB 722 (LeMunyon)

Tolls; prohibits imposition or collection of tolls on certain highways in Planning District 8  Prohibits tolling of any primary, secondary, or urban highway in NoVa not tolled as of January 1, 2016.

Left in House Transportation    

HB 726 (LeMunyon)

Northern Virginia Excess Toll Revenue Fund, created. Establishes the Northern Virginia Excess Toll Revenue Fund into which all moneys collected by a toll facility in Planning District 8 that exceed amounts necessary for the design, development, operation, maintenance, or financing of the highway where the toll is collected will be deposited. Moneys in the Northern Virginia Excess Toll Revenue Fund will be distributed to the Northern Virginia Transportation Authority and used for alleviating highway congestion.

Left in House Transportation

SB 516 (McPike)

Tolling on interstate highways.  Prohibits tolls on any component of interstate highways existing prior to July 1, 2016. The bill provides that if additional lanes are added to an interstate highway, those additional lanes may be tolled.

Incorporated by Senate Transportation (SB295-Lucas) (13-Y 0-N)

HB 1069 (Jones)

Toll collection procedures, fees, and penalties; period of nonpayment; notice of unpaid tolls; reciprocity agreements and enforcement. Requires the Department of Transportation to allow E-ZPass account holders to provide an email or phone number and to electronically notify account holders of a toll violation and further requires toll operators to notify the Department of such toll violations. The bill amends the definition of high-occupancy toll (HOT) lanes to ensure that mass transit vehicles and commuter buses meet the high-occupancy requirement. The bill lengthens, from 30 to 60 days, the time period before the administrative fee increases from $25 to $100 for all toll violations. The bill decreases the civil penalties for an unpaid toll violation on the HOT lanes, making them equal to civil penalties for other toll violations, and allows the HOT lanes operator to offer reduced civil penalties if the owner of the vehicle pays within 14 days prior to the hearing date, which is also permitted for other toll operators. For violations on any toll road, the bill provides that for a first conviction there is a cap of $2,200 on civil penalties and administrative fees. The bill also provides for a 10-day grace period for unpaid tolls and requires toll operators to attempt to process and collect unpaid tolls twice during such period. The bill allows the Governor to enter into agreements on behalf of the Commonwealth with other states to provide for the enforcement of tolling violations occurring in Virginia on out-of-state residents and to enforce tolling violations in other states on Virginia residents. Reciprocity agreements with other states would provide for notification of the Commissioner of the Department of Motor Vehicles (DMV) or other similar entity in another state so that violators who have not paid would have their registration suspended in accordance with the agreement. The bill allows for agreements between toll operators or high-occupancy toll (HOT) lanes operators and DMV to include necessary information to enforce reciprocity agreements. The bill states that a toll violation on the HOT lanes is a traffic infraction and that a HOT lanes operator shall mail the statutorily required invoice for unpaid tolls, as is the case for other toll violations. The bill clarifies references to the issuance of summonses for toll violations and requires toll operators to attempt to collect tolls through a debt collector before mailing a summons. The bill provides for a two-year statute of limitations for all toll violations. The bill contains technical amendments.

Passed House and Senate with substitute

SB 295 (Lucas)

Toll violations at all-electronic toll facilities; administrative fees and period of nonpayment. Lowers the administrative fee that is paid after 30 days of nonpayment of an unpaid toll from $100 to $50 and lengthens such period of nonpayment from 30 days to 60 days. The time period for notice to contest liability for a toll violation is extended from 60 to 90 days. The time period to file an affidavit stating that the owner of the vehicle was not the operator of the vehicle during the unpaid toll violation is extended from 14 to 30 days.

Passed by indefinitely in Transportation with letter     

Transit

HJ 109 (LeMunyon)

Study: Washington Metropolitan Area Transit Authority Compact of 1966; report

Left in House Rules

HB 1278 (Levine)

Washington Metropolitan Area Transit Authority Compact of 1966; membership.

Left in House Transportation, failed to report

HB 1359 (Peace)

Transit Capital Project Revenue Advisory Committee. Establishes the Transit Capital Project Revenue Advisory Board (the Advisory Board) within the Department of Rail and Public Transportation to examine the effects of the loss of state transit capital funds and identify additional sources of revenue.

Passed the House and Senate

SB 710 (Ebbin)

Composition of the Washington Metropolitan Area Transit Authority Compact of 1966. Changes from the U.S. Administrator of General Services to the Secretary of the U.S. Department of Transportation the appointing authority for the two federal members of the Board of Directors of the Washington Metropolitan Area Transit Authority and their alternates. The change is made in the WMATA Compact found in Title 33.2 (Highways and Other Surface Transportation Systems) in order to conform with federal law.

Passed the House and Senate

HB 826 (Torian)

Prince William Count Metrorail Improvement District, created.  Creates the Prince William County Metrorail Improvement District to provide a means of financing an extension of commuter rail service from Fairfax County into Prince William County.

Left in House Transportation

HJ 159 (Torian)

Study; Department of Rail and Public Transportation; improved transportation services; report. Requests that the Department of Rail and Public Transportation (the Department) evaluate the level of study necessary to identify and advance potential public transportation services from the Franconia-Springfield Metro Station to Marine Corps Base Quantico in Prince William and Stafford Counties, including the feasibility of extending the Blue Line and other multimodal options such as bus rapid transit along Interstate 95 and U.S. Route 1. Following the evaluation, the Department shall proceed to the recommended level of study for improved public transportation services along the U.S. Route 1 corridor

Left in House Rules

VDOT

HB 717 (LeMunyon)

Evaluation of significant transportation projects in Northern Virginia. Directs the Department of Transportation to complete evaluations of certain significant transportation projects in the Northern Virginia Transportation District by December 31, 2016.

Left in House Transportation

HB 720 (LeMunyon)

Transportation projects in Planning District 8; public hearings Requires the Department of Transportation (VDOT) or the Department of Rail and Public Transportation to hold a public hearing regarding any transportation project valued in excess of $10 million in Planning District 8 at the conclusion of the project’s preliminary design phase but before the detailed design phase begins and requires VDOT to evaluate such projects and make public the results of such evaluations not less than 14 days prior to such hearing.

Left in House Transportation

HB 728 (LeMunyon)

State and local transportation planning; results of reviews related to homeland security. Requires that the results of Department of Transportation reviews of proposed local comprehensive plan amendments for issues related to homeland security be provided concurrently to the submitting locality and the Northern Virginia Transportation Authority.

Passed House and Senate

HB 1383 (Keam)

Commissioner of Highways; annual report to be made public. Requires the Commissioner of Highways to make his annual report public on the Department of Transportation’s website. Currently such report is only provided to the Governor, the General Assembly, the Joint Legislative Audit and Review Commission, and the Commonwealth Transportation Board.

Passed House and Senate

HB 732 (LeMunyon)

State and local transportation planning; review of proposed rezoning, impact on roads.  Provides that in Planning District 8 (Northern Virginia) the Department of Transportation’s review of a proposed rezoning shall consider the transportation impact of the proposed rezoning on all interstate, primary, and secondary roads within a five-mile radius of the proposed rezoning.

Left in House Transportation

HB 947 (Keam)

Department of Transportation; induced demand considered in certain projects. Requires the Department of Transportation to consider the concept of induced demand when conducting a review employing value engineering as required in certain projects. The bill defines “induced demand” as the concept that new roads will create new drivers, resulting in the intensity of traffic staying the same.

Left in House Transportation

HB 796 (Bell)

Practical design standards; VDOT to employ standards for any highway system project. Requires the Department of Transportation to employ practical design standards for any highway system project, including all projects costing more than $5 million. “Practical design standards” are defined in the bill as standards that incorporate maximum flexibility in application of standards that reduce the cost of project delivery while preserving and enhancing safety and mobility.

Left in House Transportation