Virginia House Bill HB859

Virginia 2023 Regular Session

• Introduced: 1/12/22
• Refer: 1/12/22

Caption

Roadways; operation under HCA to operate instead under PPTA.

Impact

The bill introduces provisions for a nondisclosure agreement (NDA) between the Commissioner and local government officials if a roadway is managed under the HCA. This NDA aims to protect sensitive financial data and proprietary information related to the roadway’s operation, which raises concerns about transparency, as the information will be exempt from the Virginia Freedom of Information Act. Such a measure could limit public access to relevant operational details that would assist stakeholders in understanding costs and pricing related to roadway tolls.

Summary

House Bill 859 primarily addresses the management and operation of certain roadways in Virginia by allowing those currently governed by the Virginia Highway Corporation Act (HCA) to operate instead under the regulations set by the Public-Private Transportation Act (PPTA). This transition is contingent on an evaluation process by the Commissioner of Highways, who, in consultation with the Secretary of Transportation, must determine that such a move is in the public interest. The evaluation process will consider both financial and operational factors, including potential reductions in toll rates for users of the roadways.

Contention

Notably, the bill is set to expire on January 1, 2024, unless further action is taken, which creates a sense of urgency surrounding its evaluation and implementation. Potential points of contention may arise from differing perspectives on the public interest determination and the ramifications of changing operational oversight from the State Corporation Commission to the Department of Transportation. Critics may raise concerns regarding local accountability and the implications for commuters, particularly if it leads to increased tolls or reduced local governance over transportation matters.