CODE OF VIRGINIA

SHORTLINE RAILWAY PRESERVATION AND DEVELOPMENT FUND (§ 33.2-1602)

A. For the purposes of this section:”Fund” means the Shortline
Railway Preservation and Development Fund.”Railway transportation support
facilities” means facilities required for the loading, transfer, or
additional track capacity to facilitate the shipment of goods by rail other than
as provided for in § 33.2-1600 or 33.2-1601.”Shortline railway”
means any Class II or Class III railroad as defined by the U.S. Surface
Transportation Board.

B. The General Assembly declares it to be in the public interest that shortline
railway preservation and development of railway transportation support
facilities are important elements 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, 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 and world markets.

C. There is hereby created in the state treasury a special nonreverting fund to
be known as the Shortline Railway Preservation and Development Fund. The Fund
shall be established on the books of the Comptroller and shall consist of such
funds from such sources as shall be set forth in the general 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 Department of Rail and Public Transportation or the
Director’s designee.

D. To fulfill this purpose, there shall be funding set forth each year in the
appropriation act and appropriated by the General Assembly in the Rail
Assistance Program of the Department of Rail and Public Transportation. These
funds shall be used by the Department of Rail and Public Transportation to
administer a Shortline Railway Preservation and Development Program for the
purposes described in subsection B. Furthermore, the Board shall include an
annual allocation for such purpose in its allocation of transportation revenues.

E. The Director of the Department of Rail and Public Transportation shall
administer and expend or commit, subject to the approval of the Board, the Fund
for acquiring, leasing, or 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 has determined that such
acquisition, lease, or 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.

F. 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, 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 of a region of the Commonwealth or the
Commonwealth as a whole. 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, private industry, a local government source, or
a combination of such sources. No single project shall be allocated more than 50
percent of total available funds.

HISTORY: 2006, c. 856, § 33.1-221.1:1.2; 2014, c. 805.