Final Text
CHAPTER 280
REVENUE SHARING PROGRAM (REPEALED)
24VAC30-280-20. Definitions. (Repealed.)
The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:
"Construction projects" means projects that
usually require more than one fiscal year to complete and that change or add to
the characteristics of a road, facility, or structure.
"Eligible project" means work including
construction, improvement, maintenance, and eligible street additions costs to
which revenue sharing funds are available.
"Maintenance" means activities involved in
preserving or restoring the roadway, facility, or structure to its original
condition, as nearly as possible.
"Matching funds" means funds provided by the
Commonwealth that are allocated to eligible items of work in participating
localities to supplement, on a dollar-for-dollar basis, the locality's
contribution for eligible projects.
"Project number" means a multi-digit alphanumeric
code which identifies work to be completed; it is used in conjunction with
construction. The usual format for a project number is rrrr-ccc-sss, Jnnn,
where rrrr is the four-digit route code, ccc is the three-digit locality code,
sss is a three-digit section code, J is a phase identifier, and nnn is the job
number.
"Revenue Sharing Program Fund" means the
designation given to the fund used to finance the specially funded program
developed by the local government and the Department of Transportation subject
to approval by the Commonwealth Transportation Board.
"Rural addition" means any street eligible for
addition into the secondary system of state highways under § 33.1-72.1 of the
Code of Virginia.
"Six-Year Plan" means either the Six-Year
Improvement Program for Interstate, Primary, and Urban Systems developed by
VDOT and the Commonwealth Transportation Board, or the Secondary Six-Year Plan,
the official listing of improvements to be constructed on the secondary system,
which is developed jointly by the Virginia Department of Transportation (VDOT)
and the county governments (§ 33.1-70.01 of the Code of Virginia).
"System of state highways" means the primary or
secondary roads under the ownership, control or jurisdiction of VDOT.
"VDOT manager" means the department employee responsible for the
administration of the revenue sharing program for that locality. For counties,
the VDOT manager is usually the local residency administrator unless otherwise
indicated. For cities and towns maintaining their own streets, the VDOT manager
is the urban program manager for that locality.
24VAC30-280-25. Purpose. (Repealed.)
A. The Revenue Sharing Program provides additional funding
for use by a county, city, or town to construct, maintain, or improve the
highway systems within such county, city, or town and eligible additions in
certain counties of the Commonwealth. Locality funds are matched with state
funds, with statutory limitations on the amount of state funds authorized per
locality.
B. The program is administered by the Department of
Transportation, in cooperation with the participating localities under the
authority of § 33.1-23.05 of the Code of Virginia. An annual allocation of
funds for this program is designated by the Commonwealth Transportation Board.
C. Application for program funding must be made by
resolution of the governing body of the jurisdiction in which the road is
located. If a locality is requesting funds for a road outside its jurisdiction,
concurrence from the affected jurisdiction must be provided. 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. Project funding is allocated by
resolution of the Commonwealth Transportation Board. Construction may be
accomplished by the Department of Transportation or by the locality under an
agreement with the department.
24VAC30-280-30. Eligible work. (Repealed.)
A. The Revenue Sharing Program may be used to finance
eligible work on highway systems within a locality. The Revenue Sharing Program
is intended to provide funding for relatively small, immediately needed new improvements
or to supplement funding for existing projects and their funding needs for the
fiscal year. Larger new projects may also be considered provided the locality
identifies any additional funding needed to implement the project. Revenue
Sharing Program funds are generally expected to be used to finance project
costs in the same fiscal year and projects should be in active development that
is leading to their completion within the near term.
B. Below is a list of types of work that could be
considered eligible for revenue sharing financing.
1. Deficits on completed VDOT-administered construction or
improvement projects. When a project is completed with a deficit, the locality
may request that the deficit be financed by the Revenue Sharing Program.
2. Supplemental funding for projects listed in the adopted
Six-Year Plan and Ongoing Construction or Improvement Projects.
a. When the appropriate VDOT manager or locality
anticipates the cost to complete a project will exceed the financing currently
committed to this work, the locality may request that the anticipated deficit
be financed by the Revenue Sharing Program.
b. When the appropriate VDOT manager anticipates
allocations (in addition to those proposed in the adopted Six-Year Plan) will
be required to completely finance a project, the locality may request
permission to provide one half of such additional financing with the remaining
one half provided by state matching funds. This includes, but is not limited
to, such things as signalization, additional preliminary engineering, or
acquisition of additional right-of-way. This procedure may be utilized to
accelerate the funding of a project and thereby permits its completion earlier
than otherwise would have been possible.
3. Construction projects not included in the adopted
Six-Year Plan. When the appropriate VDOT manager concurs that the proposed work
may be eligible for program funding, the locality may request one half the
funds to construct a project not currently in the Six-Year Plan. However, in such
cases, the locality funds, together with the state matching funds, should
finance the entire estimated cost of the project within the fiscal year
involved. A PE only project can be established provided it is fully funded.
4. Improvements (incidental). Any operation, usually
constructed within one year, that changes the type, width, length, location, or
gradient of a road, facility, or structure; or the addition of features not
originally provided for such road, facility, or structure may be funded by the
program. Incidental improvements are not generally included in the Six-Year
Plan. This includes, but is not limited to sidewalks, trails, curb and gutter
installation, plant mix placement on an existing hard surfaced road, or traffic
signal installation.
5. Improvements necessary for the acceptance of specific
subdivision streets otherwise eligible for acceptance into the system for
maintenance. The improvements (widening, surface treating, etc.) necessary for
the acceptance of certain subdivision streets otherwise eligible under §
33.1-72.1 of the Code of Virginia, known as rural additions, for acceptance
into the secondary system of state highways may be funded by the Revenue
Sharing Program. Roads in cities and towns are not eligible as additions to the
urban system under § 33.1-72.1 of the Code of Virginia.
6. Unprogrammed maintenance whose accomplishment is
consistent with the department's operating policies. Examples of this type of
work include normal maintenance replacement activities such as guardrail
replacement, plant mix overlays, sidewalks and curb and gutter repair.
7. New hardsurfacing (paving). The first-time paving of a
previously unpaved roadway; usually composed of a multiple course asphalt
surface treatment may be funded by the Revenue Sharing Program. Only roads in
the state secondary system are eligible to use Revenue Sharing Program funds
for new hardsurfacing. Urban system roads in cities and towns are not eligible.
8. New roadway. Revenue Sharing Program funds may be used
to establish a new facility to be part of the system of state highways or part
of the road system in the locality for which VDOT provides maintenance
payments. In order for a new roadway to be eligible for Revenue Sharing Program
funding, it must be a part of a locally adopted plan such as the locality's
comprehensive plan and must be expected to divert sufficient traffic from
existing public roads so that those roads will not need to be improved in the
foreseeable future. Projects may also need to be included in the regional
constrained long-range plan in air quality nonattainment areas.
24VAC30-280-40. Application. (Repealed.)
Requests for Revenue Sharing Program funding within a
locality must be made by resolution of the governing body of the locality in
which the road is located. The application package must include the resolution,
the detailed designation of funds form and the summary designation of funds
form. Localities requesting funds for a road in another locality must provide a
letter of concurrence from the locality where the road is located. Towns not
maintaining their own streets may not directly apply for Revenue Sharing
Program funds but may include their requests as part of the package submitted
by the county in which they are located. See Guidance Document (Revenue Sharing
Guide) for additional information and forms.
24VAC30-280-50. Approval. (Repealed.)
A. Upon receipt of the requests, VDOT's Local Assistance
Division reviews the application from each locality for eligibility. Once the
localities' requests are found to be acceptable, the Local Assistance Division
will prioritize the requests as delineated in § 33.1-23.05 B of the Code of
Virginia. Priorities for funding are divided into four tiers. The following
rules apply to administration and funding of projects under each tier:
1. Tier one will be fully funded before any funds are
available for tier two, tier two will be fully funded before funding is
available for tier three, etc. If funds are depleted in the first tiers, no
further funds will be available.
2. Tier one provides funding when the governing body
commits more than $1 million in general funds for a $1 million match for
revenue sharing projects. The total amount of the locality's requests is the
basis for considering tier one funding. If locality requests in tier one exceed
available revenue sharing funds for the year, localities' requests will be
prioritized based on the amount of local funds committed above the matching
funds. In the case of a tie, funds for those localities will be prorated. For
example, if four localities commit $1.1 million but only $3 million remains in
the Revenue Sharing Program Fund, each of the four localities will receive
$750,000.
3. For tiers two through four, projects will be prioritized
individually. For tiers two through four, if requests within a tier exceed
available revenue sharing funds, all projects within that tier will be prorated
based on the total requests for that tier and funds remaining.
4. Tier two provides funding when the project is
administered by the city, county, or town. Local administration must include
all remaining phases of the project. If the project is changed to VDOT
administration, the project will be reevaluated for tier assignment and fund
availability may be affected.
5. Tier three projects may receive funds when the
allocation will accelerate an existing project in the Six-Year Improvement
Program or the locality's capital plans. To qualify for tier three, unscheduled
projects must move into the 24-month advertisement schedule. For projects in
the locality's capital plan, the locality must provide documentation of an
established advertisement date and show that Revenue Sharing Program funding
will be able to advance the advertisement date. A project will also qualify for
tier three if the addition of Revenue Sharing Program funds will keep the
project advertisement date on schedule.
6. From any funds remaining, any other requests that have a
matching allocation from the governing body are considered tier four projects.
B. Based on the project priorities, the Local Assistance
Division develops the statewide program for submission to the Commonwealth
Transportation Board for approval. The Local Assistance Division will review
with other divisions as necessary and appropriate.
The Commonwealth Transportation Board approves the
Statewide Revenue Sharing Program, including allocations to specific projects
in each locality's request. The Commonwealth Transportation Commissioner may
approve transactions, such as locality/state agreements, for revenue sharing
projects prior to Commonwealth Transportation Board approval; however, no state
funds may be expended on such projects until approval by the board and no
project work should be conducted, prior to approval by the board, for which
reimbursement from the Revenue Sharing Program is expected.
24VAC30-280-60. Implementation. (Repealed.)
Upon Commonwealth Transportation Board approval of the
statewide program, development of the individual projects begins. The state
matching funds for the approved projects are reserved and placed in a special
account. Projects may be developed and constructed by VDOT or the locality.
1. VDOT administered work.
a. VDOT will request payment from the locality for its
share of the estimated cost of work to be performed; the money is collected
prior to the beginning of work. After the project is completed, VDOT will make
final billing to the locality for its share of the actual costs incurred, in
excess of those provided at the beginning of the project. If the locality's
share of the actual cost is less than the estimated cost, the difference will
be refunded to the locality or the locality may transfer the remaining funds to
another existing project as noted in the section describing Transfer of Funds
(24VAC30-280-65). See Guidance Document (Revenue Sharing Guide) for additional
information.
b. If a local government wishes to cancel a project begun
under the Revenue Sharing Program during the Preliminary Engineering (PE) or
Right of Way (RW) phases but prior to the Construction (CN) phase, it may do so
by resolution of the local governing body. The department retains the sole
option to require reimbursement by the locality of all state matching funds
spent from the time the project was begun until it is canceled.
c. If the project does not begin before the end of the fiscal
year involved, the locality must pay its share to the department, or certify
that the money is held in a special fund account specifically earmarked for the
project or projects. This must occur by April 1 of the fiscal year or moneys
will be returned to the Revenue Sharing Program Fund and made available for
supplemental funding.
2. Locally administered work.
a. VDOT has published a Guide for Local Administration of
VDOT Projects that provides general guidance for locally administered projects.
This guide is available on the Local Assistance Division webpage on the VDOT
website (http://www.virginiadot.org/business/local-assistance-
locally%20administered.asp). The Local Assistance Division, working with the
appropriate project coordinator will prepare locality/state agreements that
govern the performance of work administered by the locality. The agreement must
be executed by both the locality and VDOT prior to incurring any cost to be
financed from the Revenue Sharing Program. Locality/state agreements must be
executed or VDOT must receive a certification that the funds are in a special
account by April 1; otherwise moneys will be returned to the Revenue Sharing
Program Fund and made available for supplemental funding.
b. Once the project begins, the locality may submit monthly
invoices to VDOT for eligible costs incurred. For tier one, when a locality has
committed local funds in addition to the required matching funds for their
total application, those additional local funds must be spent prior to any
Revenue Sharing Program matching funds. After all work is completed, the
locality makes a final billing to VDOT for its share of the actual eligible
costs incurred. If the actual cost is less than that provided by the agreement,
the remaining VDOT difference may be transferred to another existing project as
noted in the section describing Transfer of Funds (24VAC30-280-65), or, if the
locality desires, refunded to the VDOT Revenue Sharing Program Fund.
c. If a local government wishes to cancel a locally
administered project begun under the Revenue Sharing Program before it is
completed, it may do so by resolution of the local governing body. The
department retains the sole option to require reimbursement by the locality of
all state matching funds spent from the time the project was begun until it is
canceled.
24VAC30-280-65. Transfer of funds. (Repealed.)
To implement a transfer of funds to an existing project,
the county administrator or city/town manager may request funds be moved from
one revenue sharing project to another existing revenue sharing project in
order to provide additional funds. Revenue Sharing Program 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 a scheduled ad date can be met if approved by the
Commonwealth Transportation Board. Included in the request must be the detailed
reasons for the request and status of both projects.
24VAC30-280-70. Additional allocations. (Repealed.)
No more than three months prior to the end of any fiscal
year in which less than the total provided appropriation has been allocated,
those localities committing more than $1 million may be allowed an additional
allocation. The funds available for redistribution shall be allocated at the
discretion of the Commonwealth Transportation Board among the localities
receiving the maximum allocation.
FORMS (24VAC30-280)
Project Detail Designation of Funds Form (rev. 4/06).
Summary Designation of Funds Form (rev. 4/06).
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.
24VAC30-281-9999.
Revenue Sharing Program Guide (2008).§