Virginia HB 1391: Tolls; Commissioner of Highways to evaluate ways to reduce and implement distance-based tolling.

Bill Text

2024SESSION
INTRODUCED
24105224D
1 HOUSEBILLNO.1391
2 OfferedJanuary16,2024
3 A BILL to direct the Commissioner of Highways to evaluate ways to reduce tolls and implement
4 distance-based tolling by transferring any roadway within the Commonwealth operated pursuant to
5 the Virginia Highway Corporation Act of 1988 to the Public-Private Transportation Act of 1995.
6 ––––––––––
Patrons––ReidandMartinez
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8 ReferredtoCommitteeonTransportation
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10 Be it enacted by the General Assembly of Virginia:
11 1. § 1. A. The Commissioner of Highways (the Commissioner), in consultation with the Secretary of
12 Transportation and the Secretary of Finance, shall evaluate whether it is in the public interest, as
13 defined in this act, for any roadway within the Commonwealth operated pursuant to the Virginia
14 Highway Corporation Act of 1988 (§ 56-535 et seq. of the Code of Virginia), hereinafter referred to in
15 this act as the HCA, to instead be operated as a qualifying transportation facility under the authority
16 and requirements provided by the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq. of the
17 Code of Virginia), hereinafter referred to in this act as the PPTA.
18 B. In making such determination, the Commissioner shall consult with the locality in which any such
19 roadway is located and consult with the local public. Consultation with the locality and the public shall
20 include, at a minimum, (i) conducting at least two public hearings to solicit input from the users of the
21 roadway, (ii) providing an opportunity for electronic online inputs, (iii) providing an opportunity for
22 written comments delivered by the United States Postal Service, and (iv) soliciting input from the local
23 jurisdiction's governing body. As used in this section, "in the public interest" means benefitting the
24 public through (a) a minimum of 25 percent reduction in tolls across the length of the roadway, based
25 upon current toll rates as of December 31, 2023; (b) the implementation of distance-based pricing; (c)
26 regional transportation benefits; and (d) economic benefits to the locality by reducing capital spending
27 on alternative routes.
28 C. The Commonwealth shall hold harmless the locality for any loss of tax revenue by using new
29 revenue from, in priority order:
30 1. Potential new state taxes generated from within the locality for skill games;
31 2. Potential new state taxes generated by a casino or sports authority located in the locality's
32 planning district; or
33 3. General fund surplus.
34 D. In the event that the Commissioner determines that it is in the public interest, as defined in this
35 act, for any roadway in the Commonwealth operated pursuant to the HCA to instead be operated under
36 the authority and requirements provided by the PPTA, and the Secretary of Transportation concurs, the
37 Commissioner is authorized to negotiate the key business terms of a comprehensive agreement with the
38 applicable roadway. Such key business terms shall include (i) the applicable commercial and financial
39 terms for the Commonwealth; (ii) a minimum of a 25 percent toll rate reduction for a full-length,
40 end-to-end trip; (iii) the implementation of distance-based tolling; (iv) benefits to commuters that use
41 such roadway and to the regional transportation network; (v) any enhancements to such roadway; (vi)
42 triennial meetings between the Transportation Public-Private Partnership Steering Committee (the
43 Committee) and the locality to discuss ways to further reduce tolls or eliminate the tolls altogether; and
44 (vii) a prohibition on the Commonwealth assuming any debt from the owner of the roadway.
45 E. The Commissioner shall present such key business terms to the Committee for its consideration. If
46 the Committee concurs that such operation under the authority and requirements of the PPTA is in the
47 public interest, as defined in this act, the General Assembly hereby authorizes the Commissioner to
48 finalize and execute a new comprehensive agreement between the roadway operator and the Department
49 of Transportation.
50 F. Notwithstanding § 56-551 of the Code of Virginia, upon execution of such a new comprehensive
51 agreement, the corresponding roadway shall immediately become subject to the PPTA. Upon the
52 execution of the new comprehensive agreement, the State Corporation Commission shall retain no
53 further authority with respect to such operation and shall transfer all of its records and regulatory
54 oversight responsibilities regarding such roadway to the Department of Transportation.
55 G. In the absence of an executed new comprehensive agreement as authorized hereunder, the State
56 Corporation Commission shall continue to fulfill its regulatory responsibilities under the HCA. The
57 following provisions of the PPTA shall not apply to a new comprehensive agreement entered into under
58 this act: subsection B of § 33.2-1801, §§ 33.2-1802 through 3