24VAC30-281 Revenue-Sharing Program Policy

REGULATIONS

Vol. 25 Iss. 19 - May 25, 2009

TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMONWEALTH TRANSPORTATION BOARD

Chapter 281

Final Regulation

REGISTRAR’S NOTICE: The Commonwealth Transportation Board is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 B 4 of the Code of Virginia, which exempts regulations relating to grants of state or federal funds or property.

Titles of Regulations: 24VAC30-280. Revenue Sharing Program (repealing 24VAC30-280-20 through 24VAC30-280-70).

24VAC30-281. Revenue-Sharing Program Policy (adding 24VAC30-281-10).

Statutory Authority: §§ 33.1-23.05 and 33.1-72.1 of the Code of Virginia.

Effective Date: July 1, 2009.

Agency Contact: Hugh Adams, Department of Transportation, Local Assistance Division, VDOT Annex Bldg, 1401 East Broad Street, 4th Floor, Richmond, VA 23219, telephone [phone], FAX (804) 786-2603, or email [e-mail].

Summary:

This regulation establishes the policies and procedures the Virginia Department of Transportation (VDOT) will follow in providing funding under the Revenue-Sharing Program, as established by the Code of Virginia and administered by the Commonwealth Transportation Board (CTB). Chapter 608 (SB99) of the 2008 Acts of Assembly significantly modifies the Revenue-Sharing Program. Due to the extent of changes, it was deemed expedient to repeal the existing detailed regulation and replace it with a new regulation with less detail and supplemented by a revised guidance document.

In a resolution passed by the CTB addressing the legislative modification of the program, the Commissioner was granted authority to establish administrative procedures to assure compliance with program provisions. Pursuant to this authority, text appearing in 24VAC30-280 relating to definitions, eligible work, implementation, etc., is contained in a guidance document, similar to that which was used for the repealed regulation.

The new regulation specifies the amount of matching funds available (up to $1 million); the purposes for which the funds can be used (improvement, construction, or reconstruction of highways within a locality); the statute under which revenue-sharing funds will be prioritized and allocated; requirements and conditions under which localities may request funds; conditions affecting how funds may be transferred administratively; time limitations concerning the use of revenue sharing funds; and conditions under which the CTB may grant additional allocations if funds have not been fully allocated.

CHAPTER 281
REVENUE-SHARING PROGRAM POLICY

24VAC30-281-10. Policy.

A. Pursuant to § 33.1-23.05 of the Code of Virginia, the Commonwealth Transportation Board adopts the following policy concerning administration of revenue-sharing funds for systems in certain counties and towns of the Commonwealth:

1. The Revenue-Sharing Program shall provide a matching allocation up to $1 million to any county, city, or town for projects designated by the locality for improvement, construction, or reconstruction of highway systems within such locality.

2. Revenue-sharing funds shall be prioritized and allocated in accordance with the provisions of § 33.1-23.05 B of the Code of Virginia.

3. Application for program funding must be made by resolution of the governing body of the jurisdiction requesting the funds. A locality may request funds for a project located within its own jurisdiction or in an adjacent jurisdiction, with concurrence from the governing body of the other locality. Towns not maintaining their own streets are not eligible to receive Revenue-Sharing Program funds directly; their requests must be included in the application of the county in which they are located. All requests must include a priority listing of projects.

4. Funds may be administratively transferred from one revenue-sharing project to another existing revenue-sharing project. If approved by this board, revenue-sharing funds may also be transferred to an existing project in the Six-Year Improvement Program or Secondary Six-Year Plan if needed to meet the approved federal obligation schedule or to ensure that a scheduled advertisement date can be met or accelerated. Requests for all such transfers must be made in writing by the county administrator or city/town manager. Such requests must include the reasons for the request and the status of both projects.

5. The Revenue-Sharing Program is intended to provide funding for relatively small, immediately needed improvements or to supplement funding for existing projects. Larger new projects may be considered, provided the locality identifies the additional funding needed to implement the project. Revenue-sharing funds are normally expected to be used within the fiscal year following their allocation. If a project having funds allocated under this program has not been initiated so that a portion of such funds have been expended within two subsequent fiscal years of allocation, the funds may be reallocated at the discretion of this board.

6. No more than three months prior to the end of any fiscal year in which less than the full program allocation has been allocated by this board to specific governing bodies, those localities initially requesting the maximum allocation as defined in § 33.1-23.05 of the Code of Virginia may be allowed an additional allocation.

7. The Commonwealth Transportation Commissioner is directed to establish administrative procedures to assure the provisions of this policy and legislative directives are adhered to and complied with.

VA.R. Doc. No. R09-1898; Filed April 29, 2009, 9:26 a.m.