Virginia 2023 Regular Session

Virginia Senate Bill SB445

Introduced
1/11/22  

Caption

Roadways; operation under HCA to operate instead under PPTA.

Impact

If enacted, SB445 will allow the Commissioner to negotiate and execute new comprehensive agreements that could lead to changes in how specific roadways are managed and funded. It will streamline the decision-making process for adopting new operational frameworks that align with public-private partnerships, which are increasingly seen as essential for maintaining and upgrading infrastructure. It shifts regulatory oversight from localities and the State Corporation Commission to the Department of Transportation, potentially simplifying operational frameworks but raising questions regarding local input.

Summary

SB445 addresses the operation of roadways in Virginia, enabling the Commissioner of Highways to evaluate whether certain roadways, previously managed under the Virginia Highway Corporation Act (HCA), can be transitioned to operate under the Public-Private Transportation Act (PPTA). This transfer is contingent upon a determination of public interest, incorporating factors such as financial terms and enhancements, and potential benefits for commuters including reduced toll rates. The bill emphasizes stakeholder engagement through public meetings and consultations with local authorities to guide the evaluation process.

Contention

A notable element of contention surrounding SB445 may arise from the use of non-disclosure agreements (NDAs) to protect confidential financial data. While NDAs can enhance negotiation confidentiality, they could also raise concerns regarding transparency, particularly as data protected under these agreements becomes exempt from the Virginia Freedom of Information Act. Critics may argue that this lack of transparency could disadvantage public stakeholders who are not privy to important financial details during operational transitions.

Additional_notes

The bill will expire on January 1, 2024, if not acted upon, suggesting a limited timeframe for its implications. This temporary nature could generate urgency among stakeholders aiming to assess the viability and public interest of transitioning roadway operations under the new guidelines established in SB445.

Companion Bills

VA SB445

Carry Over Roadways; operation under HCA to operate instead under PPTA.

Previously Filed As

VA HB859

Roadways; operation under HCA to operate instead under PPTA.

VA SB445

Roadways; operation under HCA to operate instead under PPTA.

VA HB859

Roadways; operation under HCA to operate instead under PPTA.

VA SB1162

Roadways under Va. Hwy. Corporation Act of 1988; operating under Public-Private Transp. Act of 1995.

VA HB1858

Roadways operating under Va. Hwy. Corporation Act of 1988; Commissioner of Highways to evaluate.

VA HB1391

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

VA SB565

Relating to repeal of authority for the establishment and operation of the Trans-Texas Corridor and to the operation of vehicles on certain Texas roadways.

VA HB1522

Public utilities; require owners or operators of to be responsible for maintaining underground lines up to the meter.

VA HB2041

Speed safety cameras; placement and operation.

VA SB2818

MS Department of Health and MS Department of Revenue; provide certain exemptions for operation required under Medical Cannabis Act.

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