CODE OF VIRGINIA

DEFINITIONS (§ 33.2-1700)

As used in this chapter, unless the context requires a different meaning:

   “Board” means the Commonwealth Transportation Board, or if the
   Commonwealth Transportation Board is abolished, any board, commission, or
   officer succeeding to the principal functions thereof or upon whom the powers
   given by this chapter to the Board shall be given by law.

“Cost of the project,” as applied to a project to be acquired by
purchase or by condemnation, includes:

   1.  The purchase price or the amount of the award;

   2.  The cost of improvements, financing charges, and interest during any
   period of disuse before completion of improvements;

   3.  The cost of traffic estimates and of engineering data;

   4.  The cost of engineering and legal expenses;

   5.  The cost of plans, specifications and surveys, and estimates of cost and
   of revenues; and

   6.  Other expenses necessary or incident to determining the feasibility or
   practicability of the enterprises, administrative expenses, and such other
   expenses as may be necessary or incident to the financing authorized in this
   chapter and the acquisition of the project and the placing of the project in
   operation.

“Cost of the project,” as applied to a project to be constructed,
includes:

   1.  The cost of construction;

   2.  The cost of all lands, properties, rights, easements, and franchises
   acquired that are deemed necessary for such construction;

   3.  The cost of acquiring by purchase or condemnation any ferry that is deemed
   by the Board to be competitive with any bridge to be constructed;

   4.  The cost of all machinery and equipment;

   5.  The cost of financing charges and interest prior to construction, during
   construction, and for one year after completion of construction;

   6.  The cost of traffic estimates and of engineering data;

   7.  The cost of engineering and legal expenses;

   8.  The cost of plans, specifications and surveys, estimates of cost and of
   revenues; and

   9.  Other expenses necessary or incident to determining the feasibility or
   practicability of the enterprise, administrative expenses, and such other
   expenses as may be necessary or incident to the financing authorized in this
   chapter, the construction of the project, the placing of the project in
   operation, and the condemnation of property necessary for such construction
   and operation.

“Improvements” means those repairs to, replacements of, additions
to, and betterments of a project acquired by purchase or by condemnation as are
deemed necessary to place it in a safe and efficient condition for the use of
the public, if such repairs, replacements, additions, and betterments are
ordered prior to the sale of any bonds for the acquisition of such
project.”Owner” includes all individuals, incorporated companies,
partnerships, societies, and associations having any title or interest in any
property rights, easements, or franchises authorized to be acquired by this
chapter.”Project” means any one or more of the following:

   1.  The York River Bridges, extending from a point within Yorktown in York
   County or within York County across the York River to Gloucester Point or some
   point in Gloucester County.

   2.  The Rappahannock River Bridge, extending from Greys Point, or its
   vicinity, in Middlesex County, across the Rappahannock River to a point in the
   vicinity of White Stone, in Lancaster County, or at some other feasible point
   in the general vicinity of the two respective points.

   3.  The James River Bridge, from a point at or near Jamestown, in James City
   County, across the James River to a point in Surry County.

   4.  The James River, Chuckatuck, and Nansemond River Bridges, together with
   necessary connecting roads, in the Cities of Newport News and Suffolk and the
   County of Isle of Wight.

   5.  The Hampton Roads Bridge-Tunnel or Bridge and Tunnel System, extending
   from a point or points in the Cities of Newport News and Hampton on the
   northwest shore of Hampton Roads across Hampton Roads to a point or points in
   the City of Norfolk or Suffolk on the southeast shore of Hampton Roads.

   6.  Interstate 264, extending from a point in the vicinity of the intersection
   of Interstate 64 and U.S. Route 58 at Norfolk to some feasible point between
   London Bridge and U.S. Route 60.

   7.  The Henrico-James River Bridge, extending from a point on the eastern
   shore of the James River in Henrico County to a point on the western shore,
   between Falling Creek and Bells Road interchanges of Interstate 95; however,
   the project shall be deemed to include all property, rights, easements, and
   franchises relating to this project and deemed necessary or convenient for its
   operation, including its approaches.

   8.  The limited access highway between the Newport News/Williamsburg
   International Airport area and the Newport News downtown area, which generally
   runs parallel to tracks of the Chesapeake and Ohio Railroad.

   9.  Transportation improvements in the Dulles Corridor, with an eastern
   terminus of the East Falls Church Metrorail station at Interstate 66 and a
   western terminus of Virginia Route 772 in Loudoun County, including without
   limitation the Dulles Toll Road; the Dulles Access Road; outer roadways
   adjacent or parallel thereto; mass transit, including rail; bus rapid transit;
   and capacity-enhancing treatments such as high-occupancy vehicle lanes,
   high-occupancy toll lanes, interchange improvements, commuter parking lots,
   and other transportation management strategies.

   10.  Subject to the limitations and approvals of § 33.2-1712, any other
   highway for a primary highway transportation improvement district or
   transportation service district that the Board has agreed to finance under a
   contract with any such district or any other alternative mechanism for
   generation of local revenues for specific funding of a project satisfactory to
   the Board, the financing for which is to be secured by Transportation Trust
   Fund revenues under any appropriation made by the General Assembly for that
   purpose and payable first from revenues received under such contract or other
   local funding source; second, to the extent required, from funds appropriated
   and allocated, pursuant to the highway allocation formula as provided by law,
   to the highway construction district in which the project is located or to the
   county or counties in which the project is located; and third, to the extent
   required from other legally available revenues of the Transportation Trust
   Fund and from any other available source of funds.

   11.  The U.S. Route 58 Corridor Development Program projects as defined in
   §§ 33.2-2300 and 33.2-2301.

   12.  The Northern Virginia Transportation District Program as defined in §§
   33.2-2400 and 33.2-2401.

   13.  Any program for highways or mass transit or transportation facilities
   endorsed by the affected localities, which agree that certain distributions of
   state recordation taxes will be dedicated and used for the payment of any
   bonds or other obligations, including interest thereon, the proceeds of which
   were used to pay the cost of the program. Any such program shall be referred
   to as a “Transportation Improvement Program.”

   14.  Any project designated by the General Assembly financed in whole or part
   through the issuance of Commonwealth of Virginia Federal Highway Reimbursement
   Anticipation Notes.

   15.  Any project authorized by the General Assembly financed in whole or in
   part by funds from the Priority Transportation Fund established pursuant to §
   33.2-1527 or from the proceeds of bonds whose debt service is paid in whole or
   in part by funds from such Fund.

   16.  Any project identified by the Board to be financed in whole or in part
   through the issuance of Commonwealth of Virginia Federal Transportation Grant
   Anticipation Revenue Notes.

“Revenues” includes tolls and any other moneys received or pledged
by the Board pursuant to this chapter, including legally available
Transportation Trust Fund revenues and any federal highway reimbursements and
any other federal highway assistance received by the Commonwealth.”Toll
project” means a project financed in whole or in part through the issuance
of revenue bonds that are secured by toll revenues generated by the
project.”Undertaking” means all of the projects authorized to be
acquired or constructed under this chapter.

HISTORY: Code 1950, § 33-228; 1950, p. 145; 1954, c. 578; 1956, c. 158; 1962,
c. 273; 1964, c. 558; 1970, c. 322, § 33.1-268; 1972, c. 2; 1974, cc. 52, 297;
1982, c. 261; 1986, Sp. Sess., c. 13; 1988, cc. 844, 903; 1989, Sp. Sess., cc.
9, 11; 1990, c. 710; 1991, cc. 666, 713; 1993, cc. 391, 793; 1994, cc. 520, 589;
1995, c. 354; 2000, cc. 1019, 1044; 2004, c. 807; 2007, c. 896; 2011, cc. 830,
868; 2014, c. 805.