reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-200. Commonwealth Transportation Board; membership; terms; vacancies

The Board shall have a total membership of 17 members that shall consist of 14 nonlegislative citizen members and three ex officio members as follows: the Secretary of Transportation, the Commissioner of Highways, and the Director of the Department of Rail and Public Transportation. The nonlegislative citizen members shall be appointed by the Governor as provided in § 33.2-201, subject to confirmation by the General Assembly. Appointments of nonlegislative citizen members shall be for terms of four years commencing on July 1, upon the expiration of the terms of the existing members, respectively. Vacancies shall be filled by appointment by the Governor for the unexpired term and shall be effective until 30 days after the next meeting of the ensuing General Assembly and, if confirmed, thereafter for the remainder of the term. No nonlegislative citizen member shall be eligible to serve more than two consecutive four-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining that member's eligibility for reappointment. Ex officio members of the Board shall serve terms coincident with their terms of office.
The Secretary shall serve as chairman of the Board and shall have voting privileges only in the event of a tie. The senior nonlegislative citizen member shall serve as vice-chairman of the Board and shall preside during the absence of the chairman. In the event that more than one nonlegislative citizen member of the Board may be considered the senior nonlegislative citizen member, the Board shall elect the vice-chairman from such senior nonlegislative citizen members. The Director of the Department of Rail and Public Transportation and the Commissioner of Highways shall not have voting privileges.
Code 1950, c. 87, § 33-1; 1956; 1970, c. 322, § 33.1-1; 1974, c. 462; 1984, c. 748; 1985, c. 448; 1986, Sp. Sess., c. 13; 1990, cc. 1, 317; 1995, cc. 195, 223; 1999, cc. 636, 673; 2011, cc. 36, 152; 2013, cc. 762, 794; 2014, c. 805; 2015, cc. 374, 684.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-201. Appointment requirements; statewide interest

Of the members appointed to the Board, one member shall be a resident of the territory now included in the Bristol highway construction district, one in the Salem highway construction district, one in the Lynchburg highway construction district, one in the Staunton highway construction district, one in the Culpeper highway construction district, one in the Fredericksburg highway construction district, one in the Richmond highway construction district, one in the Hampton Roads highway construction district, and one in the Northern Virginia highway construction district. The remaining five members shall be appointed from the Commonwealth at large, provided that at least two reside in urbanized areas with populations greater than 200,000 and are designated as urban at-large members and at least two reside outside urbanized areas with populations greater than 200,000 and are designated as rural at-large members. The at-large members shall be appointed to represent rural and urban transportation needs and to be mindful of the concerns of seaports and seaport users, airports and airport users, railways and railway users, and mass transit and mass transit users. Each appointed member of the Board shall be primarily mindful of the best interest of the Commonwealth at large instead of the interests of the highway construction district from which chosen or of the transportation interest represented.
No member of a governing body of a locality shall be eligible, during the term of office for which he was elected or appointed, to serve as an appointed member of the Board.
Code 1950, § 33-2; 1964, c. 265; 1970, c. 322, § 33.1-2; 1974, c. 462; 1982, c. 487; 1984, c. 748; 1986, Sp. Sess., c. 13; 2000, c. 49; 2014, c. 805; 2018, c. 828.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-202. Meetings

The Board shall meet at least once every three months and at such other times, on the call of the chairman or of a majority of the members, as may be deemed necessary to transact such business as may properly be brought before it. Six members shall constitute a quorum of the Board for all purposes. For a transportation project valued in excess of $25 million that is located wholly within a single highway construction district, the Board shall hold at least one hearing in the highway construction district where such project being considered is located to discuss such project prior to a meeting at which a vote to program funds pursuant to § 33.2-214 for such project will be taken.
It shall be the duty of the Board to keep accurate minutes of all meetings of the Board, in which shall be set forth all acts and proceedings of the Board in carrying out the provisions of this title.
Code 1950, § 33-5; 1970, c. 322, § 33.1-6; 1974, c. 462; 2014, c. 805; 2016, c. 367.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-203. Salaries and expenses

All salaries and expenses of the Board shall be paid from the state treasury out of the annual appropriation for the Board. Warrants for such salaries and expenses shall be issued by the Comptroller on certificates of the Commissioner of Highways to the parties entitled thereto and shall be paid by the State Treasurer out of the funds appropriated for that purpose.
Code 1950, § 33-10; 1970, c. 322, § 33.1-10; 1974, c. 462; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-204. Offices

The main office of the Board, the Department of Transportation, and the Department of Rail and Public Transportation shall be located in the City of Richmond. In the discretion of the Commissioner of Highways, other offices of the Department of Transportation may be established in the various highway construction districts of the Commonwealth as may be necessary to carry out the provisions of this title.
Code 1950, § 33-6; 1970, c. 322, § 33.1-7; 2013, cc. 585, 646; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-205. Oaths and bonds of members

Each member of the Board shall, before entering upon the discharge of his duties, take an oath that he will faithfully and honestly execute the duties of the office during his term and each shall be bonded in accordance with § 2.2-1840, conditioned upon the faithful discharge of his duties.
Code 1950, § 33-9; 1970, c. 322, § 33.1-9; 1974, c. 462; 2014, c. 805; 2021, Sp. Sess. I, c. 152.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-206. How testimony of members of Commonwealth Transportation Board and Commissioner of Highways taken in civil proceedings

No member of the Board or the Commissioner of Highways shall be required to leave his office for the purpose of testifying in any suit, action, or other civil proceeding involving any of his official duties, but the deposition of any member of the Board or the Commissioner of Highways may be taken at the main office of the Board in Richmond, after reasonable notice in writing has been given to the adverse party.
Any deposition taken pursuant to this section may be read in the pending suit, action, or other civil proceeding. However, on motion to the court, filed at least 10 days before the commencement of the trial, the judge may, for good cause shown, require any member of the Board or the Commissioner of Highways to attend and testify ore tenus.
Code 1950, § 33-3.1; 1966, c. 369; 1970, c. 322, § 33.1-4; 1974, c. 462; 1995, cc. 195, 223; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-207. Bookkeeping system

The chairman of the Board shall, with the aid and advice of the Auditor of Public Accounts, cause to be maintained a complete and modern system of bookkeeping for the Department, and the books to be kept by the Department shall show in detail all receipts and disbursements of the Department, the source of such receipts, and the purpose, amount, and recipient of all disbursements.
Code 1950, § 33-14; 1970, c. 322, § 33.1-14; 1974, c. 462; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-210. Traffic regulations; penalty

A. The Board shall have the power and duty to make regulations that are not in conflict with the laws of the Commonwealth for the protection of and covering traffic on and for the use of systems of state highways and shall have the authority to add to, amend, or repeal such regulations.
B. The regulations, together with any additions or amendments thereto, prescribed by the Board under the authority of this section shall have the force and effect of law, and any person, firm, or corporation violating any such regulation or any addition or amendment thereto is guilty of a misdemeanor punishable by a fine of not less than $5 nor more than $100 for each offense. Such person shall be civilly liable to the Commonwealth for the actual damage sustained by the Commonwealth by reason of his wrongful act. Such damages may be recovered at the suit of the Board and, when collected, paid into the state treasury to the credit of the Department. Any regulations promulgated by the Board shall be developed in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) except when specifically exempted by law.
Code 1950, §§ 33-12, 33-18; 1956, c. 92; 1964, c. 265; 1970, c. 322, §§ 33.1-12, 33.1-19; 1974, c. 462; 1977, c. 150; 1978, c. 650; 1986, Sp. Sess., c 13; 1988, cc. 844, 903; 1989, c. 727; 1992, c. 167; 1995, c. 94; 2001, c. 349; 2003, cc. 281, 533, 560; 2004, c. 110; 2005, cc. 839, 919; 2006, cc. 197, 417, 833, 924; 2006, Sp. Sess. I, c. 8; 2007, c. 337; 2008, Sp. Sess. II, c. 5; 2009, cc. 670, 690; 2010, cc. 17, 51; 2011, cc. 104, 164; 2012, cc. 729, 733; 2013, cc. 388, 569, 585, 646, 741; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-211. Copies of regulations as evidence

Copies of regulations of the Board and of additions or amendments thereto printed under the authority of the Board shall be admissible in all of the courts of the Commonwealth without further proof and given the force and effect prescribed hereby, and the fact that such printed copies bear the name of the Board shall be prima facie evidence that they are duly adopted and promulgated under the provisions of this title and that they are true copies of the regulations, or of any additions and amendments thereto, adopted pursuant to the provisions of subsection A of § 33.2-210.
Code 1950, § 33-21; 1970, c. 322, § 33.1-22; 1974, c. 462; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-212. Sections not applicable to certain engines and tractors

The provisions of §§ 33.2-210 and 33.2-211 shall not apply to traction engines and tractors weighing not less than five tons when drawing threshing machines, hay balers, or other farm machinery for local farm use.
Code 1950, § 33-22; 1970, c. 322, § 33.1-23; 2011, cc. 104, 164; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-214.2. Transparency in the development of the Six-Year Improvement Program, statewide prioritization process, and state of good repair program

A. The Board shall develop the Six-Year Improvement Program pursuant to § 33.2-214 in a transparent manner that provides to the public, elected officials, and other stakeholders the opportunity to engage and comment in a meaningful manner prior to the adoption of such program.
B. No later than 150 days prior to a vote to include projects or strategies evaluated pursuant to § 33.2-214.1 in the Six-Year Improvement Program, the Office of Intermodal Planning and Investment shall make public, in an accessible format, (i) a recommended list of projects and strategies for inclusion in the Six-Year Improvement Program based on the results of such evaluation; (ii) the results of the screening of candidate projects and strategies, including whether such projects are located on a primary evacuation route; (iii) whether a project has been designed to be or the project sponsor has committed that the design will be resilient; and (iv) the results of the evaluation of candidate projects and strategies, including the weighting of factors and the criteria used to determine the value of each factor.
C. The Department shall make public a recommended list of projects eligible for funds under the state of good repair program pursuant to § 33.2-369 from the listing of prioritized pavement and bridge needs published in the Commissioner's annual report pursuant to § 33.2-232 at least 150 days prior to the adoption of a Six-Year Improvement Program that includes new projects with funding from such program.
D. The Board may modify the recommended list of projects in subsection B or C through formal action.
2017, cc. 166, 273; 2020, c. 971; 2021, Sp. Sess. I, cc. 51, 52.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-214.3. Transparency in project selection in Planning District 8

At least annually, the Northern Virginia Transportation Authority, the Northern Virginia Transportation Commission, the Virginia Railway Express, and the Commonwealth Transportation Board shall conduct a joint public meeting for the purposes of presenting to the public, and receiving public comments on, the transportation projects proposed and conducted by each entity in Planning District 8. Such presentation shall include documentation regarding how the combined project selection, timing, and revenue sources employed by the entities represents the most efficient use of revenue sources. Such presentation shall include any evaluations or analyses conducted by such entities pursuant to § 33.2-214.1 or subdivision 2 of § 33.2-2500 that relate to Planning District 8. Each entity shall have at least one designee physically assembled at such joint public meeting. Nothing herein shall require a quorum of each such entity to participate in such joint public meeting. The Board shall also invite a Virginia representative of the National Capital Region Transportation Planning Board Steering Committee to participate in and present information during the joint meeting. Nothing herein shall require such representative to participate or be physically present in such joint public meeting. The joint public meeting shall be made available online in a manner that allows the public to contemporaneously view and hear the meeting. However, in the event that online transmission of the meeting to the public fails, nothing herein shall require the meeting to recess until public access is restored online.
2018, c. 640; 2019, c. 749; 2023, c. 316.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-215. Policies and operation of Departments

The Board shall have the power and duty to review and approve policies and transportation objectives of the Department of Transportation and the Department of Rail and Public Transportation, to assist in establishing such policies and objectives, to oversee the execution thereof, and to report on these policies and objectives to the Commissioner of Highways and the Director of the Department of Rail and Public Transportation, respectively.
Code 1950, § 33-12; 1956, c. 92; 1964, c. 265; 1970, c. 322, § 33.1-12; 1974, c. 462; 1977, c. 150; 1978, c. 650; 1986, Sp. Sess., c. 13; 1988, cc. 844, 903; 1989, c. 727; 1992, c. 167; 1995, c. 94; 2001, c. 349; 2003, cc. 281, 533, 560; 2004, c. 110; 2005, cc. 839, 919; 2006, cc. 197, 417, 833, 924; 2006, Sp. Sess. I, c. 8; 2007, c. 337; 2008, Sp. Sess. II, c. 5; 2009, cc. 670, 690; 2011, cc. 104, 164; 2012, cc. 729, 733; 2013, cc. 388, 569, 585, 646, 741; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-216. Roadside memorials; penalty

A. The Board shall establish regulations regarding size, distance from the roadway, and other safety concerns to govern the installation, maintenance, and removal of roadside memorials, plaques, and other devices placed within the right-of-way that commemorate the memory of persons killed in vehicle crashes within the right-of-way of any state highway.
B. Any person who installs any plaque, device, sign, object, material, or other memorial within the right-of-way of any highway controlled by the Department except in accordance with criteria established as provided in this section may be assessed a civil penalty of no more than $100. Each occurrence shall be subject to a separate penalty. All civil penalties collected under this section shall be paid into the Highway Maintenance and Operating Fund established pursuant to § 33.2-1530.
2002, c. 96, § 33.1-206.1; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-217. Prohibition of certain weeds and plants on highway rights-of-way

Neither the Board nor the Commissioner of Highways shall plant or cause or suffer to be planted on the right-of-way of any state highway any of the weeds or plants known as devil shoestring (Tephrosia virginiana), Johnson grass (Sorghum halepense), or barberry (Berberis vulgaris) if the governing body of the county in which the highway is located declares by resolution such weeds or plants to be injurious to adjacent property.
The Board shall cause all such weeds or plants planted or caused to be planted by the Board or Commissioner of Highways on any state highway right-of-way to be dug up and destroyed.
Any owner of land adjacent to any state or other public highway right-of-way, or his agents and employees, may dig up, cut down, or otherwise remove and destroy any of such plants or weeds and any other plants or weeds that are or may become noxious or otherwise injurious to his property found growing upon any state or other public highway right-of-way adjacent to his land.
Code 1950, § 33-124; 1970, c. 322, § 33.1-209; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-218. Fees for participating in the Integrated Directional Sign Program

The Board shall establish reasonable fees to be collected by the Commissioner of Highways from any qualified entity for the purpose of participating in the Integrated Directional Sign Program (IDSP) administered by the Department or its agents that is designed to provide information to the motoring public relating to gasoline and motor vehicle services, food, lodging, attractions, or other categories as defined by the IDSP. Such fees shall be deposited into a special fund specifically accounted for and used by the Commissioner of Highways solely to defray the actual costs of supervising and administering the signage programs. Included in these costs shall be a reasonable margin, not to exceed 10 percent, in the nature of a reserve fund.
2005, c. 491, § 33.1-12.01; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-219. Statements to be filed with Commonwealth Transportation Board by transit systems

Any transit system that conducts its operations within the exclusive jurisdiction of any locality or within the boundaries of any district as defined in § 33.2-1901, and any adjoining locality, shall file annually with the Board such financial and other statistical data as the Board shall require in order to effectively administer the provisions of § 46.2-206 and shall file with the Department of Rail and Public Transportation, at such times as the Department of Rail and Public Transportation shall require, such information as the Department of Rail and Public Transportation shall require to carry out its duties under subdivision 4 of § 33.2-285.
The provisions of this section shall not be construed so as to exempt any such transit system from any provision of law or regulation made pursuant to law that requires the filing of data with any other agency of the Commonwealth.
1972, c. 290, § 33.1-223.1; 1984, c. 760; 1992, c. 167; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-220. Transfer of interest in and control over certain highways, highway rights-of-way, and landings

Notwithstanding any contrary provision of this title, the Board, upon receipt of a written request from a public access authority established pursuant to Title 15.2 and without first abandoning or discontinuing such highway, highway right-of-way, or landing, including a wharf, pier, or dock, may transfer to such requesting authority any and all rights and interests of the Board in a highway, highway right-of-way, or landing as the Board may deem in the public interest. Such transfer may be either with or without compensation from the requesting authority.
2007, c. 304, § 33.1-223.2:17; 2011, c. 667; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-221. Other powers, duties, and responsibilities

A. The Board shall have the power and duty to comply fully with the provisions of the present or future federal aid acts. The Board may enter into all contracts or agreements with the United States government and may do all other things necessary to carry out fully the cooperation contemplated and provided for by present or future acts of Congress related to transportation.
B. The Board shall have the power and duty to enter into all contracts with other states necessary for the proper coordination of the location, construction, maintenance, improvement, and operation of transportation systems, including the systems of state highways with the highways of such other states, and where necessary, seek the approval of such contracts by the Congress of the United States.
C. The Board shall have the power and duty to administer, distribute, and allocate funds in the Transportation Trust Fund as provided by law. The Board shall ensure that the total funds allocated to any highway construction project are equal to total expenditures within 12 months following completion of the project.
D. The Board shall have the power and duty, with the advice of the Secretary of Finance and the State Treasurer, to engage a financial advisor and investment advisor who may be anyone within or without the government of the Commonwealth to assist in planning and making decisions concerning the investment of funds and the use of bonds for transportation purposes. The work of these advisors shall be coordinated with the Secretary of Finance and the State Treasurer.
E. The Board shall have the power and duty to enter into payment agreements with the Treasury Board related to payments on bonds issued by the Commonwealth Transportation Board.
F. When the traffic-carrying capacity of any of the systems of state highways or a portion thereof is increased by construction or improvement, the Board may enter into agreements with localities, authorities, and transportation districts to establish highway user fees for such system of state highways or portion thereof that the localities, authorities, and transportation districts maintain.
Code 1950, § 33-12; 1956, c. 92; 1964, c. 265; 1970, c. 322, § 33.1-12; 1974, c. 462; 1977, c. 150; 1978, c. 650; 1986, Sp. Sess., c. 13; 1988, cc. 844, 903; 1989, c. 727; 1992, c. 167; 1995, c. 94; 2001, c. 349; 2003, cc. 281, 533, 560; 2004, c. 110; 2005, cc. 839, 919; 2006, cc. 197, 417, 833, 924; 2006, Sp. Sess. I, c. 8; 2007, c. 337; 2008, Sp. Sess. II, c. 5; 2009, cc. 670, 690; 2011, cc. 104, 164; 2012, cc. 729, 733; 2013, cc. 388, 569, 585, 646, 741; 2014, c. 805; 2015, c. 684.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-221.1. Use of biodiesel and other alternative fuels in vehicles providing public transportation

A. As used in this section, unless the context requires a different meaning, "biodiesel fuel" means a renewable, biodegradable, mono-alkyl ester combustible liquid fluid fuel from agricultural plant oils or animal fats that meets the applicable American Society for Testing and Materials (ASTM) Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.
B. The Board shall encourage the use of biodiesel fuel and other alternative fuels, to the extent practicable, in buses and other vehicles used to provide public transportation in the Commonwealth.
2006, c. 939, §§ 67-500, 67-501; 2006, c. 939, §§ 67-500, 67-501; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-222. Commissioner of Highways

The Commissioner of Highways shall be the chief executive officer of the Department of Transportation. The Commissioner of Highways shall be an experienced administrator able to direct and guide the Department in the establishment and achievement of the Department's core mission as provided in subsection B of § 33.2-256 and other transportation objectives determined by the Commonwealth Transportation Board.
The Commissioner of Highways shall devote his entire time and attention to his duties as chief executive officer of the Department and shall receive such compensation as shall be fixed by law. He shall also be reimbursed for his actual travel expenses while engaged in the discharge of his duties.
In the event of a vacancy due to the death, temporary disability, retirement, resignation, or removal of the Commissioner of Highways, the Governor may appoint and thereafter remove at his pleasure an "Acting Commissioner of Highways" until such time as the vacancy may be filled as provided in § 33.2-200. Such "Acting Commissioner of Highways" shall have all powers and perform all duties of the Commissioner of Highways as provided by law and shall receive such compensation as may be fixed by the Governor. In the event of the temporary disability for any reason of the Commissioner of Highways, full effect shall be given to the provisions of § 2.2-605.
Code 1950, § 33-3; 1960, c. 271; 1963, Ex. Sess., c. 3; 1964, c. 265; 1970, c. 322, § 33.1-3; 1974, c. 462; 1990, cc. 1, 317; 1995, cc. 195, 223; 2007, c. 896; 2014, c. 805; 2017, cc. 166, 273.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-223. General powers of Commissioner of Highways

Except such powers as are conferred by law upon the Board and the Office of Intermodal Planning and Investment of the Secretary of Transportation, the Commissioner of Highways shall have the power to do all acts necessary or convenient for constructing, improving, maintaining, and preserving the efficient operation of the highways embraced in the systems of state highways and to further the interests of the Commonwealth in the areas of public transportation, railways, seaports, and airports. And as executive head of the Department, the Commissioner of Highways is specifically charged with the duty of executing all orders and decisions of the Board and may, subject to the provisions of this chapter, require that all appointees and employees perform their duties under this chapter.
In addition, the Commissioner of Highways, in order to maximize efficiency, shall take such steps as may be appropriate to outsource or privatize any of the Department's functions that might reasonably be provided by the private sector. Procuring equipment and labor to ensure that adequate resources will be available to address emergency and weather-related events as they may arise, including snow and ice removal services, shall be considered an emergency under subsection F of § 2.2-4303, and the Commissioner of Highways shall have the authority to establish and utilize such procedures as he deems necessary and most efficient to obtain and ensure the availability of such services to protect the safety and security of the traveling public.
Code 1950, § 33-13; 1970, c. 322, § 33.1-13; 1974, c. 462; 1978, c. 652; 1986, Sp. Sess., c. 13; 2007, cc. 863, 896, 928; 2014, c. 805; 2016, c. 538; 2018, c. 828.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-224. Employees; delegation of responsibilities

The Commissioner of Highways shall employ such engineers, clerks, assistants, and other employees as may be needed and shall prescribe and fix their duties, including the delegation of duties and responsibilities conferred or imposed upon the Commissioner of Highways by law. They shall receive all salaries and expenses as may be fixed in accordance with the provisions of law.
Code 1950, § 33-7; 1952, c. 41; 1970, c. 322, § 33.1-8; 1974, c. 462; 1982, c. 177; 1983, c. 127; 1995, cc. 195, 223; 2001, cc. 69, 87; 2011, cc. 36, 152; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-225. Liaison duties with other organizations

Tasks and responsibilities concerning transportation program or project delivery shall be carried out as follows:
1. The Commissioner of Highways shall cooperate with the federal government, the American Association of State Highway and Transportation Officials, and any other organization in the numbering, signing, and marking of highways; in the taking of measures for the promotion of highway safety; in research activities; in the preparation of standard specifications; in the testing of highway materials; and otherwise with respect to transportation projects.
2. The Department of Transportation and the Department of Rail and Public Transportation may offer technical assistance and coordinate state resources, as available, to work with local governments, upon their request, in developing sound transportation components for their local comprehensive plans.
2013, cc. 585, 646, § 33.1-190.4; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-226. Authority to lease or convey airspace

The Commissioner of Highways may lease or sell and convey the airspace superjacent or subjacent to any highway in the Commonwealth that is within his jurisdiction and in which the Commonwealth owns fee simple title after satisfying itself that use of the airspace will not impair the full use and safety of the highway or otherwise interfere with the free flow of traffic thereon and it cannot be reasonably foreseen as needed in the future for highway and other transit uses and purposes. The Commissioner of Highways may provide in such leases and conveyances of airspace for columns of support, in fee or otherwise, ingress, egress, and utilities.
No lease or conveyance shall be entered into by the Commissioner of Highways unless the locality, by action of its governing body by majority recorded vote, approves the projected use of the airspace in question and has taken such steps as it deems proper to regulate the type and use of the improvements to be erected in such airspace by appropriate zoning or other method of land use control.
All leases and conveyances shall contain those terms deemed necessary by the Commissioner of Highways to protect the interests of the Commonwealth and the public. The Commissioner of Highways may utilize any competitive procurement process authorized by law, including (i) competitive sealed bidding, (ii) competitive negotiation, (iii) best value procurements as defined in § 2.2-4301, and (iv) public-private partnerships pursuant to the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.), as determined by the Commissioner of Highways, in his sole discretion, to be appropriate and the method most likely to achieve the identified goals of the proposed lease or sale and conveyance of airspace. The Commissioner of Highways may reject any bid or offer that he believes is not in the best interest of the Commonwealth.
Compensation paid for such leases and conveyances shall be credited to the Priority Transportation Fund established pursuant to § 33.2-1527.
1979, c. 431, § 33.1-183.1; 2013, cc. 585, 646; 2014, c. 805; 2017, c. 278; 2020, cc. 1230, 1275.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-227. Defense of employees

If any person employed by the Commonwealth Transportation Board, the Department of Transportation, or the Department of Rail and Public Transportation is arrested or indicted or otherwise prosecuted on any charge arising out of any act committed in the discharge of his official duties, the Commissioner of Highways or the Director of the Department of Rail and Public Transportation may employ special counsel approved by the Attorney General to defend such employee. The compensation for special counsel employed, pursuant to this section, shall, subject to the approval of the Attorney General, be paid by the agency for which the employee works out of the funds appropriated for the administration of the Department of Transportation or the Department of Rail and Public Transportation.
Code 1950, § 33-11.1; 1958, c. 542; 1970, c. 322, § 33.1-11; 1974, c. 462; 2013, cc. 585, 646; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-228. Agreements between Commissioner of Highways and certain localities

Notwithstanding the provisions of §§ 33.2-209, 33.2-214, and 33.2-221, the Commissioner of Highways, pursuant to a resolution adopted by the Board and following receipt of a resolution adopted by the governing body of a locality, may enter into an agreement with any such locality pursuant to which the locality assumes responsibility for the design, right-of-way acquisition, and construction of highways or portions thereof in such locality, using funds allocated pursuant to § 33.2-371.
2004, c. 623, § 33.1-12.1; 2014, c. 805; 2015, c. 684.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-229. Furnishing information regarding right-of-way transactions

Upon written request to the central office of the Department, the Commissioner of Highways shall furnish information regarding right-of-way transactions where any public funds are expended. Such information shall not be released prior to 60 days following the transaction to any person not a party directly interested in such transaction.
The information furnished under this section shall consist of (i) the name of the person to whom any sum was paid for land or interest therein, (ii) the amount of land or interest therein acquired from such person, and (iii) the amount paid such person for land and the amount paid for damage resulting to the remaining property of such person.
Code 1950, § 33-15.1; 1958, c. 316; 1960, c. 352; 1970, c. 322, § 33.1-16; 1974, c. 462; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-230. Written notice of decision to dispose of real property

Whenever the Board or the Department decides to sell or otherwise dispose of any surplus real property, the Commissioner of Highways shall provide written notice of such decision to the mayor or chairman of the governing body of the locality in which the property or any portion thereof is located. Any failure to provide or receive such notice shall not create a cloud on the title to the property.
1999, c. 287, § 33.1-223.2:2; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-231. Establish community service landscaping program

The Commissioner of Highways shall establish a program whereby persons convicted of nonviolent misdemeanors who have received a suspended sentence or probation can fulfill their community service requirements by mowing rights-of-way and performing other landscaping maintenance tasks for roads and highways that the Department has the responsibility to maintain.
2008, c. 688, § 33.1-12.2; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-233. Gathering and reporting of information and statistics

A. The Commissioner of Highways and the Director of the Department of Rail and Public Transportation shall gather and tabulate information and statistics relating to transportation and disseminate the same throughout the Commonwealth. In addition, the Commissioner of Highways shall provide a report to the Governor, the General Assembly, the Board, and the public concerning the current status of all highway construction projects in the Commonwealth. This report shall be posted at least four times each fiscal year but may be updated more often as circumstances allow. The report shall contain, at a minimum, the following information for every project in the Six-Year Improvement Program: (i) project description; (ii) total cost estimate; (iii) funds expended to date; (iv) project timeline and completion date; (v) statement of whether project is ahead of, on, or behind schedule; (vi) the name of the prime contractor; (vii) total expenditures of federal transportation funds in each county and city; (viii) total expenditures of state transportation funds in each county and city; (ix) statewide totals for federal, state, and local funds expended for highways; (x) statewide totals for federal, state, and local funds expended for transit; (xi) total funds expended on intercity passenger and freight rail line and trains; and (xii) total funds expended in each federal and state programmatic category. Use of one or more websites may be used to satisfy this requirement. Project-specific information posted on the Internet shall be updated daily as information is available.
B. The Department shall develop performance metrics that measure the efficiency and quality of the Department's processes for the review of and approval of subdivision and commercial development plans. The Commissioner of Highways shall gather and tabulate information to support development of the performance metrics. The data collected and reported shall include, at a minimum, (i) the length of time that it takes the Department to review plans from the date the plans are received in the local office of the Department until comments are returned to the local government; (ii) the number of reviews that are required to achieve final approval of plans; and (iii) measures reported at the residency, district, and statewide levels of the Department.
The Department shall adopt performance standards for the review and approval of subdivision and commercial development plans no later than January 1, 2025. Once performance standards are developed, these measures will be reported and made available for public view on the Department's website and shall be updated on a quarterly basis.
2013, cc. 585, 646, § 33.1-13.05; 2014, c. 805; 2022, c. 680.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-234. Construction by state or local employees

A. Irrespective of the provisions of § 33.2-235, in cases of emergency or on any project reasonably estimated to cost not more than $700,000, the Commissioner of Highways may build or maintain any of the highways in the systems of state highways by state employees or local employees as he may designate.
B. Notwithstanding the provisions of subsection A, the Commissioner of Highways may enter into a written agreement with a locality for the building and maintenance of any of the highways in the systems of state highways by local employees provided that (i) the locality has obtained a cost estimate for the work of not more than $1 million and (ii) the locality has issued an invitation for bid and has received fewer than two bids from private entities to build or maintain such highways.
Code 1950, § 33-104; 1970, c. 322, § 33.1-190; 1977, c. 678; 1982, c. 647; 1985, c. 130; 1986, Sp. Sess., c. 9; 2006, cc. 434, 480; 2008, c. 472; 2010, cc. 22, 50; 2014, c. 805; 2021, Sp. Sess. I, c. 260.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-235. Procurement

All projects reasonably estimated to cost $300,000 or more that the Board or the Commissioner of Highways may undertake for construction shall be let in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq.). When such projects are reasonably estimated to cost below $300,000, the Commissioner of Highways may let them to contract, and if such projects are let to contract, they shall be let only in accordance with the Virginia Public Procurement Act.
As used in this section, "project" means construction and does not include routine maintenance work or the installation of traffic control devices, unless such work is to be performed under contract.
Code 1950, § 33-99; 1970, c. 322, § 33.1-185; 1973, c. 229; 1977, c. 678; 1978, c. 144; 1982, c. 647; 1992, c. 108; 2010, cc. 22, 50; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-236. Maps or plats prepared at request and expense of local governing bodies and other groups; Department of Energy to seek other existing sources

The Commissioner of Highways may prepare photogrammetric maps or plats of specific sites or areas at the request of the governing bodies of localities of the Commonwealth, local nonprofit industrial development agencies, planning district commissions, soil and water conservation districts, metropolitan planning organizations, public service authorities, and local chambers of commerce. The Department of Energy shall first review the request to determine whether suitable or alternate maps or plats are currently available, and the local governing body, agency, or chamber shall agree to reimburse the Department of Transportation for the cost of producing the maps or plats.
Code 1950, § 33-136.2; 1962, c. 96; 1970, c. 322, § 33.1-222; 1982, c. 184; 1984, c. 590; 2014, c. 805; 2021, Sp. Sess. I, c. 532.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-237. Directional signs for certain educational institutions

For the purpose of this section, "Virginia educational institution" means a for-profit educational institution with its main campus located in the Commonwealth that (i) has, for at least five consecutive years prior to making a request under this section, awarded academic degrees approved by the State Council of Higher Education for Virginia; (ii) offers programs in workforce training or job readiness that contribute to Virginia's economic growth and development; and (iii) has a combined annual enrollment of at least 1,000 students at its main campus and any branch location situated within a radius of 25 miles from the main campus.
Upon request from a Virginia educational institution, the Commissioner of Highways shall erect and maintain signs at appropriate and conspicuous locations along interstate, primary, or secondary highways providing motorists directions to the main or branch location of any such institution. All costs associated with production and erection of signs under this section shall be borne by the affected institution, but all costs associated with maintenance of those signs shall be borne by the Department.
Signs erected by the Department under this section shall be placed in accordance with all applicable Department regulations.
1999, c. 310, § 33.1-223.2:3; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-238. Closing highways for safety of public or proper completion of construction; injury to barriers, signs, etc.

If it appears to the Commissioner of Highways necessary for the safety of the traveling public or for proper completion of work that is being performed to close any highway under his jurisdiction to all traffic or any class of traffic, the Commissioner of Highways may close, or cause to be closed, the whole or any portion of such highway deemed necessary to be excluded from public travel and may exclude all or any class of traffic from such closed portion. While any such highway or portion thereof is so closed, or while any such highway or portion thereof is in process of construction or maintenance, the Commissioner of Highways, or contractor under authority from the Commissioner of Highways, may erect, or cause to be erected, suitable barriers or obstructions thereon, may post, or cause to be posted, conspicuous notices to the effect that the highway or portion thereof is closed and may place warning signs, lights, and lanterns on such highway or portion thereof. When such highway is closed for the safety of the traveling public or in process of construction or maintenance as provided in this section, any person who willfully breaks down, drives into new construction work, removes, injures, or destroys any such barrier or barriers or obstructions, tears down, removes, or destroys any such notices, or extinguishes, removes, injures, or destroys any such warning lights or lanterns so erected, posted, or placed is guilty of a Class 1 misdemeanor.
Code 1950, § 33-109; 1958, c. 547; 1968, c. 162; 1970, c. 322, § 33.1-193; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-239. Providing highway detours

Whenever necessary, the Commissioner of Highways shall select, lay out, maintain, and keep in as good repair as possible suitable detours, by the most practical route, while the highways are being improved or constructed, and he shall place or cause to be placed explicit directions to the traveling public during repair of any such highway under process of construction.
Code 1950, § 33-110; 1970, c. 322, § 33.1-194; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-240. Connections over shoulders of highways for intersecting private roads

The Commissioner of Highways shall permit suitable connections from where private roads leading to and from private homes intersect improved highways and over and across the shoulders and unimproved parts of such highways to the paved or otherwise improved parts thereof to provide the users of such private roads safe and convenient means of ingress and egress with motor vehicles to and from the paved or otherwise improved parts of such highways.
Code 1950, § 33-116; 1970, c. 322, § 33.1-197; 2014, c. 805.