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Hampton Roads Transportation Accountability Commission

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The Hampton Roads Transportation Accountability Commission ( HRTAC ) is a political subdivision of the Commonwealth of Virginia in the United States that has the responsibility for funding several major traffic projects in the Hampton Roads area. It was created by the Virginia General Assembly in 2014 to maintain and administer the Hampton Roads Transportation Fund , a trust fund established by the Virginia General Assembly through a 0.7% increase in the state sales and use tax and a 2.1% increase in the fuel tax region-wide. The organization previously existed as the Hampton Roads Transportation Authority ( HRTA ) but was disbanded in 2008 after the Virginia Supreme Court invalidated its authority to raise and levy taxes.

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75-610: The organization exists alongside the Hampton Roads Transportation Planning Organization (HRTPO), which is the federally mandated metropolitan planning organization responsible for planning and programming the projects for the region. Although politically independent, the TAC generally consists of the same members of the TPO, with the major exception being that mass transit is not represented on

150-485: A 5 percent tax on automobile repairs, a grantor's tax of 40 cents for every $ 100 of assessed value when selling a home, a motor vehicle rental tax of 2 percent, a one-time vehicle registration fee of 1 percent, an $ 10 increase in the vehicle registration fee in the region, and a 2 percent gas tax for the region. Many residents were upset by the General Assembly's choice to delegate its taxing authority, During

225-619: A 58-year public-private partnership . ERC maintains and operates the project ongoing. Transportation around South Hampton Roads is complicated by the various branches of the Elizabeth River (Virginia) , which are crossed by two major highways. The busiest spur route in the area, I-264 , crosses the river's Eastern Branch (via the Berkley Bridge ) and its Southern Branch (via the Downtown Tunnel ). Built in 1952,

300-546: A competing free facility. Both tunnels were initially tolled (25 cents, both ways) to pay off their construction bonds; both were made free in the late 1980s after the opening of the second (eastbound) Downtown Tunnel. Options included adding a 58-cent toll to the Midtown Tunnel (and a 19-cent toll to the MLK Extension), which could raise $ 427 million for the project; or adding a $ 2.05 peak/$ 1.50 off-peak toll for

375-506: A continuing, cooperative, and comprehensive ("3-C") planning process. Statewide and metropolitan transportation planning processes are governed by federal law ( 23 U.S.C.   §§ 134 – 135 ). Transparency through public access to participation in the planning process and electronic publication of plans now is required by federal law. As of 2015, there are 408 MPOs in the United States. Purposes of MPOs: In other words,

450-452: A major conceptual shift for many MPOs (and others in the planning community), since the imposition of fiscal discipline on plans now required, not only understanding how much money might be available, but how to prioritize investment needs and make difficult choices among competing needs. Adding to this complexity is the need to plan across transportation modes and develop approaches for multimodal investment prioritization and decision making. It

525-570: A manner which complies with the requirements of Article IV, Section 11 of the Constitution. Since the HRTA is also not a directly elected body, the press reported that its funding sources as set forth at that time were also invalidated by the court ruling. The opinion did not, however find the existence of the HRTA (or the NVTA for that matter) to be unconstitutional, nor did it strike the authority of

600-551: A subcommittee of the HRPDC, now known as the Transportation Planning Organization) concluded that new tolls could help secure funding for transportation projects that were removed from the 2026 RTP, including the Midtown Tunnel and MLK Extension. This would include tolling the parallel Downtown Tunnel to create a congestion-management plan to prevent the diversion of potential Midtown Tunnel traffic to

675-507: A very expensive project and we have no public‐sector resources to pay for it.", which was underscored in the solicitation request, which stated that "user tolls will ultimately pay for the work". Ultimately, although three companies expressed an interest, only one actually submitted a proposal, which was what is now Elizabeth River Crossings. After the lengthy review process required under the PPTA, then-Governor Bob McDonnell and VDOT executed

750-698: Is in this context of greater prominence, funding, and requirements that MPOs function today. An annual element is composed of transportation improvement projects contained in an area's transportation improvement program (TIP), which is proposed for implementation during the current year. The annual element is submitted to the U.S. Department of Transportation as part of the required planning process. The passage of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users SAFETEA-LU in 2005 created new and revised requirements for transportation planning and programs. Although SAFETEA-LU increased standards, most MPOs already were in compliance with

825-515: Is one of the key roles that the technical committee supports. The technical committee typically comprises staff-level officials of local, state, and federal agencies. In addition, a technical committee may include representatives of interest groups, various transportation modes, and local citizens. A 2005 survey of MPOs nationally commissioned in preparation of "Special Report 288" of the Transportation Research Board of

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900-479: The Federal-Aid Highway Act of 1962 , which required the formation of an MPO for any urbanized area (UZA) with a population greater than 50,000. Federal funding for transportation projects and programs are channeled through this planning process. Congress created MPOs in order to ensure that existing and future expenditures of governmental funds for transportation projects and programs are based on

975-480: The High Rise Bridge using I-464 . One-lane closures were not feasible because most of this work required overhead work (such as installing the fireproofing on the ceiling), or work that would cross the centerline. But after several weekends of closures, public outcry from businesses and citizens of Portsmouth forced VDOT and ERC to reconsider the plan. Portsmouth City Council asked VDOT to look at turning

1050-882: The Metropolitan Council is the MPO. An example of a medium-sized MPO is the Lexington Area MPO in Kentucky . An example of a small MPO is the Kittery Area MPO in Maine . Another MPO planning organization has developed in the area of western central Florida . Several MPOs there, with governance over eight counties, have developed a greater regional planning committee, the Chairs Coordinating Committee (CCC), composed of

1125-751: The National Academies found that "forecast by negotiation" was a common method of projecting future population and employment growth for use in travel forecasting , suggesting rent-seeking behavior on the part of MPO committees influencing the technical staff. Usually MPOs retain a core professional staff in order to ensure the ability to carry out the required metropolitan planning process in an effective and expeditious manner. The size and qualifications of this staff may vary by MPO, since no two metropolitan areas have identical planning needs Most MPOs, however, require at least some staff dedicated solely to MPO process oversight and management because of

1200-624: The South Hampton Roads region of Virginia , comprises the rehabilitation of the Downtown and existing Midtown Tunnels, the construction of a new parallel Midtown Tunnel, and the extension of the MLK Freeway / U.S. 58 to I-264 . Intended to reduce congestion on area surface streets and arterial roads, the project was administered by Elizabeth River Crossings (ERC) and Virginia Department of Transportation (VDOT) as part of

1275-485: The U.S. Route 460 project (dubbed the "Commonwealth Connector") went forward as public-private partnerships projects, both of which met serious criticism in how they were approached and negotiated. Finally, in 2013, the General Assembly passed a new massive transportation funding package, sponsored by Speaker of the House of Delegates William J. Howell that accomplished the same as the HRTA authorizing legislation, with

1350-630: The 2008 session of the Virginia General Assembly , there were efforts sponsored by legislators from the area to include improvements to the Hampton Roads Bridge-Tunnel , a major issue for localities on the Virginia Peninsula , many of whose residents have complained that the proposed projects shortchange their area. Also, Del. Tom Gear sponsored H.B. 829 to abolish the HRTA. None of those measures

1425-415: The 2026 RTP. Based on this study, the MPO added the projects to the regions 2030 RTP, now estimated to cost around $ 5 billion — if the Virginia General Assembly approved the new tolls and several tax increases. After receiving the proposal, the General Assembly enacted House Bill 3202 introduced by State Delegate William J. Howell , which allowed the region to enact tolling on the project by creating

1500-645: The 2026 Regional Transportation Plan (RTP). The construction cost was estimated at $ 686 million. However, the Commission removed the project from the RTP after concluding that state funding would be insufficient, and because VDOT determined that "reliance on a regional gas tax [was] not a reasonably foreseeable source of revenue" for the plan. In 2006, the Hampton Roads Metropolitan Planning Organization (MPO) (formerly

1575-639: The Commonwealth Transportation Board, would raise $ 15.4 billion for statewide projects, including $ 1.3 billion for the new Hampton Roads Transportation Fund. The following session, State Delegate Chris Jones of Suffolk and State Senator Frank Wagner of Virginia Beach introduced legislation, HB1253 and SB513, which provides for the creation of the Hampton Roads Transportation Accountability Commission (HRTAC) in order to manage

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1650-559: The Comprehensive Agreement with ERC on December 5, 2011. Under the agreement, VDOT retains ownership and oversight of the tunnels, while ERC finances, builds, operates and maintains the facilities for a 58-year concession period. Funding is expected from tolls, private equity, contributions from the Commonwealth and a low-interest Federal Highway Administration loan. ERC is responsible for paying back all debt on

1725-465: The Elizabeth River. As of March 2015, the first six elements are in place and production of the remaining five tunnel elements is in progress. Upon completion of construction, traffic in the existing Midtown Tunnel will be converted to one-way eastbound from Portsmouth to Norfolk and the new 2-lane tunnel will carry westbound traffic from Norfolk to Portsmouth. The scheduled completion date of

1800-579: The HRTAC currently has four major projects underway: Metropolitan planning organization A metropolitan planning organization ( MPO ) is a federally mandated and federally funded transportation policy-making organization in the United States that is made up of representatives from local government and governmental transportation authorities. They were created to ensure regional cooperation in transportation planning. MPOs were introduced by

1875-574: The Hampton Roads Transportation Authority, as well as authorizing tax increases requested by the MPO to finance the other major projects in the region's plan. The state legislation authorized the HRTA to impose, assess and collect taxes, fees and tolls for projects within the jurisdictional limits of the authority, including the controversial civil remedial fees where drivers who violated traffic laws were charged civil penalties on top of their criminal fines. In total,

1950-608: The Hampton Roads Transportation Fund (HRTF) revenues for the Hampton Roads region. This legislation also moved the responsibility for approval and prioritization of the projects from the HRTPO to the HRTAC. The General Assembly then adopted the bill on March 8, 2014, and the bill was signed by Governor Terry McAuliffe on April 3. HRTAC then became effective on July 1, 2014. The HRTA area includes

2025-478: The MPO setting. Federal law, however, does not require members of an MPO policy committee to be representatives of the metropolitan areas' populations. Systematic studies have found that MPO policy committees' representations of urban municipalities and disadvantaged minority populations in their areas are less than proportional to population. The policy committee's responsibilities include debating and making decisions on key MPO actions and issues, including adoption of

2100-535: The Midtown Tunnel to its surface-street connection on London Boulevard in Portsmouth. As part of the long-term plan, regional leaders and VDOT looked to extend the freeway from its terminus at London Boulevard down to I-264, creating a highway-speed alternate that connected I-264 to the Midtown Tunnel and the new Western Freeway . Efforts to extend the MLK Freeway have been in the works with VDOT as far back as

2175-697: The Midtown allows direct access to Portsmouth without passing through Downtown. Built with one lane in both directions, it served nearly 8,400 vehicles per day in its first operating year and nearly 40,000 per day in 2013, making it the "most heavily traveled two-lane road east of the Mississippi", according to the VDOT and ERC. Traffic is projected to rise to nearly 50,000 vehicles per day by 2026. The Martin Luther King Jr. Freeway carries U.S. 58 after

2250-524: The Midtown, and a $ 2.20 peak/$ 1.60 off-peak for the Downtown Tunnel, which could raise nearly $ 4.8 billion. Based on this study, the MPO added the projects to the regions 2030 RTP, now estimated to cost around $ 779 million— if the Virginia General Assembly approved the new tolls and several tax increases. After receiving the proposal, the General Assembly enacted House Bill 3202 introduced by State Delegate William J. Howell , which allowed

2325-611: The TAC due to state law prohibiting the use of HRTF funds for mass/public transit purposes. Since 2004, the Hampton Roads region has been searching for funding to complete major projects such as the addition of a new Midtown Tunnel and the extension of the Martin Luther King Freeway in Portsmouth, the addition of a third harbor crossing between the Southside and the Peninsula, and widening I-64 on both sides of

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2400-446: The authority of the regional authorities to impose tolling on the roadways. As early as 2004 while the political wrangling continued, VDOT had determined that in order to fund the project, it would need to be a public-private venture, sending out an informal request for information for private entities interested in pursuing such a project. Three companies expressed an interest in the project, including Skanska. Both Skanska and one of

2475-451: The chairs of seven MPOs and the chairs of their appointed advisory committee (or their representatives) in order to coordinate transportation planning for the region, that is compatible with all, as well as addressing the challenges of long range planning for a large and growing region that has overlapping issues among the MPOs or transportation plans that extend throughout the entire area. Often

2550-415: The citizenry in the absence of an affirmative, recorded vote of a majority of all members elected to each body of the General Assembly. Thus, by enacting Chapter 896 [HB 3202], the General Assembly has failed to adhere to the mandates of accountability and transparency that the Constitution requires when the General Assembly exercises the legislative taxing authority permitted by the Constitution. If payment of

2625-634: The commission. Legislators are appointed by their respective body's leadership and must represent one or more of the jurisdictions of the Commission. There are also four state level executives who are appointed ex officio as non-voting member to the board by virtue of their positions. All individuals hold their position on the commission for the duration they hold their elected (or appointed) office. Commission Chairman Commission Vice-Chair ( R - 83rd - Norfolk/VA Beach) (R - 76th - Chesapeake/Suffolk) (R - 94th - Newport News) (R - 7th - Norfolk/Virginia Beach) Hampton Roads District As of June 2016,

2700-527: The complexity of the process and need to ensure that requirements are properly addressed. There are five core functions of an MPO: If the metropolitan area is designated as an air quality non-attainment or maintenance area, then Presently, most MPOs have no authority to raise revenues such as to levy taxes on their own, rather, they are designed to allow local officials to decide collaboratively how to spend available federal and other governmental transportation funds in their urbanized areas. The funding for

2775-424: The contract penalties. The Downtown & Midtown Tunnel Rehabilitation Project consisted of 15 projects to bring the tunnels up to NFPA 502 standards, plus: Rehabilitation work on the westbound Downtown Tunnel (Norfolk to Portsmouth) began on August 9, 2013. The plan initially called for closing the tunnel on about 25 consecutive weekends from 8 p.m. Friday to 5 a.m. Monday, with traffic to be primarily detoured to

2850-513: The early 1990s, when the agency completed its initial environmental assessment. The project received a new environmental assessment in 1999, when VDOT began pursuing the parallel Midtown Tunnel. In June 2004, the Hampton Roads Planning District Commission wanted to add the parallel Midtown Tunnel and the extension of the Martin Luther King Freeway (along with several other congestion-relieving projects) to

2925-573: The eastbound tunnel into a two-way tunnel during the weekend closures, an idea VDOT and ERC had initially ruled out, insisting that "maintaining two lanes of eastbound traffic in the eastbound Downtown Tunnel while directing westbound traffic towards one of the four alternative routes (with the I-64 High Rise Bridge as the primary detour) is the best course of action, both for the Project and the traveling public." Eventually, ERC changed

3000-471: The entire territory encompassed by all 12 localities within the states Planning District 23, and each are represented on its governing board by their chief elected official or other designee from the localities governing council. Also, there are five positions legislators from the Virginia General Assembly—two senators and three State Delegates who will represent the intent of the legislature on

3075-417: The environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and state and local planned growth and economic development patterns. There are a large number of metropolitan planning organizations in the United States. Elizabeth River Tunnels Project The Elizabeth River Tunnels Project , a series of transportation projects in

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3150-429: The exception of granting the new authority taxation power. Instead, the General Assembly itself levied the tax increases—a statewide sales and use tax increase to 4.8%, a statewide increase in motor vehicle registration fees by $ 15, as well as, for the first time since 1986, a change in the statewide gas tax to be 3.5% of the price of a gallon of gas instead of a flat 17.5 cents per gallon. This plan, based on estimates from

3225-674: The fabrication and installation of the new, parallel Midtown Tunnel, as well as upgrading & replacing the Brambleton Ave/ Hampton Boulevard interchange, which leads directly to the tunnel. Fabrication of the tunnel's 11 concrete elements began in November 2012 in Sparrows Point, Maryland and are towed down the Chesapeake Bay to the Project site in Portsmouth for immersion and placement under

3300-423: The federal government requires that federal transportation funds be allocated to regions in a manner that has a basis in metropolitan plans developed through intergovernmental collaboration, rational analysis, and consensus-based decision making. Typically, an MPO governance structure includes a variety of committees as well as a professional staff. The "policy committee" is the top-level decision-making body for

3375-423: The first time, state transportation officials were required to consult seriously with local representatives on MPO governing boards regarding matters of project prioritization and decision-making. These changes had their roots in the need to address increasingly difficult transportation problems—in particular, the more complicated patterns of traffic congestion that arose with the suburban development boom in

3450-404: The mandates of accountability and transparency that the Constitution requires when the General Assembly exercises the legislative taxing authority permitted by the Constitution. If payment of the regional taxes and fees is to be required by a general law, it is the prerogative and the function of the General Assembly, as provided by Article IV, Section 1 of the Constitution, to make that decision, in

3525-418: The means to achieve important national goals including economic progress, cleaner air , energy conservation , and social equity . ISTEA promoted a transportation system in which different modes and facilities—highway, transit, pedestrian , bicycle , aviation , and marine —were integrated to allow a "seamless" movement of both goods and people. New funding programs provided greater flexibility in

3600-558: The members of the executive committee of an MPO act interchangeably as the representative to this seven-MPO regional committee. This committee meets less frequently than the participating MPOs. The enactment of the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) ushered in a "renaissance" for MPOs. After a decade or more of being consigned to a minimal role in transportation planning, ISTEA directed additional federal funding to MPOs, expanded their authority to select projects, and mandated new metropolitan planning initiatives. For

3675-422: The metropolitan long-range transportation plans, transportation improvement programs , annual planning work programs, budgets, and other policy documents. The policy committee also may play an active role in key decision points or milestones associated with MPO plans and studies, as well as conducting public hearings and meetings. An appointed advisory committee (CAC) develops the recommendations for consideration by

3750-408: The money they put into the project. Initially, ERC estimated the toll rate to be between $ 2–3 (for cars), however the Comprehensive Agreement scheduled the tolls to begin at rates of $ 1.59/non-peak hours and $ 1.84/peak for cars and $ 4.77/non-peak and $ 7.34/peak for heavy vehicles after the infusion of VDOT and FHWA money and the extra eight years added to the concession. However, after public outcry at

3825-484: The new Midtown Tunnel is December 24, 2016. ERC will face the steepest penalty of all the projects -- $ 21,000 a day—if this project is not completed by its completion date. For the rehabilitation work on the Midtown Tunnel, ERC will face the same penalty as for the work on the Downtown tunnel ($ 7,000/day), if the work is not completed by May 11, 2018. ERC completed the new tunnel a half year ahead of schedule, and opened

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3900-451: The new Midtown Tunnel is completed, at which point they would return to the rates set in the Comprehensive Agreement. After 2017, rates increase annually by a factor equal to the greater of changes to Consumer Price Index or 3.5 percent. Each level of the project was laid out in detail in the Comprehensive Agreement as four separate projects/services, along with the dates that construction on them must be substantially completed to avoid

3975-486: The new, westbound tunnel to traffic at 1:40pm EST on June 17, 2016. Rehabilitation work on the Midtown was completed early as well, by mid-2017. The Martin Luther King Freeway Project consists of extending the freeway from U.S. 58/London Boulevard to an interchange with I-264 with an interchange at High Street (which carries U.S. 17 to the east of its interchange with U.S. 58). This requires

4050-407: The operations of an MPO comes from a combination of federal transportation funds and required matching funds from state and local governments. In some regions, MPOs have been given authority to handle expanded functions: MPOs differ greatly in various parts of the country and even within states. Some have large staffs, while others may include only a director and a transportation planner. Sometimes

4125-693: The other interested parties stated that tolling on the Downtown Tunnel and the Midtown Tunnel would bring about the best financial outcome for completing the project. Following that, VDOT began the process to solicit bids from private companies to partner with the state in executing the Elizabeth River Tunnels Project (which now included the rehabilitation of the Downtown Tunnel) through Virginia's Public Private Transportation Act. Transportation Secretary Pierce R. Homer said that "It desperately needs upgrading." and that "it's

4200-558: The permanent closure of two I-264 ramps: eastbound to Des Moines Ave, and Westbound to South Street, in accordance with the projects FHWA approval of the VDOT proposal. Construction on the extension began in November 2014 and was completed in 2016. Operational control of the tunnel system was turned over to ERC on July 12, 2012. Under the agreement's turnover plan, ERC is responsible for all maintaining and operating: The boundaries for incident management, which includes removal of disabled/wrecked vehicles as well as snow removal, extends

4275-495: The plan from full weekend closures to nightly closures from 8 p.m. to 5 a.m. Rehabilitation work on the eastbound tunnel began on July 25, 2014. ERC scheduled full weekend closures on the eastbound tunnel and little to no resistance was felt from city leaders or residents. To minimize delays, work on the Midtown Tunnel will begin after the completion of the new Midtown Tunnel. The Downtown Tunnel rehabilitation work ended August 16, 2016. The Midtown Tunnel Construction consists of

4350-425: The planning organization. In most MPOs, the policy committee comprises: With only a few unique exceptions nationwide, MPO policy committee members are not elected directly by citizens. Rather, a policy committee member typically is an elected or appointed official of one of the MPO's constituent local jurisdictions. The policy committee member thus has legal authority to speak and act on behalf of that jurisdiction in

4425-645: The planning process and to see that investment decisions contributed to meeting the air quality standards of the Clean Air Act Amendments . In addition, ISTEA placed a new requirement on MPOs to conduct "fiscally constrained planning", and ensure that long-range transportation plans and short-term transportation improvement programs were fiscally constrained; in other words, adopted plans and programs can not include more projects than reasonably can be expected to be funded through existing or projected sources of revenues. This new requirement represented

4500-538: The policy committee and establishes a ranked proposal for work plans. Most MPOs also establish a technical committee to act as an advisory body to the policy committee for transportation issues that primarily are technical in nature. The technical committee interacts with the MPO's professional staff on technical matters related to planning, analysis tasks, and projects. Through this work, the technical committee develops recommendations on projects and programs for policy committee consideration. Metropolitan travel forecasting

4575-566: The previous decades. Many recognized that the problems could only be addressed effectively through a stronger federal commitment to regional planning. The legislation that emerged, the Intermodal Surface Transportation Efficiency Act (ISTEA), was signed into federal law by President George H. W. Bush in December 1991. It focused on improving transportation, not as an end in itself, but as

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4650-570: The professional staff of an MPO is provided by a county or a council of governments. In many urban areas, existing organizations such as county governments or councils of government also function as MPOs. The MPO role also may be played by an independent governmental organization or a regional government. In the Portland, Oregon, metropolitan area, for example, Metro is the MPO. In the Minneapolis-St. Paul, Minnesota , metropolitan area,

4725-401: The project, as well as assumes the entire risk of a decrease in toll revenue if traffic counts do not meet projections. However, if traffic exceeds projections and increases revenue, VDOT will receive a portion of the excess revenue, after all other costs and debt service has been paid for the period. The deal reached financial close on April 13, 2012. The cost of the project, at financial close

4800-416: The rates, the incoming governor, Terry McAuliffe announced a further, $ 82.5 million buydown of the tolls through the completion of the construction. This buydown reduced tolls to 75-cents/off peak and $ 1.00/peak for the light vehicles, and $ 2.25 during non-peak or $ 4.00 during peak hours for heavy vehicles. Under Gov. McAuliffe's plan, toll rates would increase by 25-cents each year until January 2017 or until

4875-501: The region to enact tolling on the project by creating the Hampton Roads Transportation Authority , as well as authorizing tax increases requested by the MPO to finance the other major projects in the region's plan, including the controversial civil remedial fees , a plan that would have allowed the HRTA to raise nearly $ 169 million in taxes in its first year. However, the authority's taxing authority

4950-572: The regional authorities to impose tolling on the roadways. Nonetheless, since the sole purpose of the HRTA was financial, it was abolished by the General Assembly in 2009. The legislature took several years to develop a long-term plan to replace the one the Supreme Court deemed unconstitutional. Several projects in the HRTA plan continued to go unfunded while two other plans—the Elizabeth River Tunnels Project and

5025-431: The regional taxes and fees anticipated to be applied to the HRTA would generate an additional $ 170 million per year towards critical regional transportation projects, in addition to state monies delegated for projects. Toll revenues would be additional funds available to the HRTA. With this, HRTA then scheduled regional tax increases to go into effect on April 1, 2008, which included a $ 10 automobile safety inspection fee,

5100-430: The regional taxes and fees is to be required by a general law, it is the prerogative and the function of the General Assembly, as provided by Article IV, Section 1 of the Constitution, to make that decision, in a manner which complies with the requirements of Article IV, Section 11 of the Constitution. The opinion did not find the existence of the HRTA (or the NVTA for that matter) to be unconstitutional, nor did it strike

5175-440: The regulations. Some of the planning topic areas include transportation systems security, emergency preparedness, public participation plans for metropolitan planning, and requiring the electronic publication of plans and TIP/STIP by the MPOs. SAFETEA-LU requires that the statewide transportation planning process and the metropolitan planning process provide for consideration of projects and strategies that will protect and enhance

5250-547: The use of funds, particularly regarding using previously restricted highway funds for transit development, improved " intermodal " connections, and emphasized upgrades to existing facilities over building new capacity—particularly roadway capacity. To accomplish more serious metropolitan planning, ISTEA doubled federal funding for MPO operations and required the agencies to evaluate a variety of multimodal solutions to roadway congestion and other transportation problems. MPOs also were required to broaden public participation in

5325-651: The water, projects that would cost a combined total of $ 3.8 billion USD . However, the Commission determined that state funding would be insufficient for most of these projects because VDOT determined that "reliance on a regional gas tax [was] not a reasonably foreseeable source of revenue" for the plan. In 2006, the Hampton Roads Transportation Planning Organization (then called the Hampton Roads Metropolitan Planning Organization) concluded that new tolls could help secure funding for transportation projects that were removed from

5400-428: The westbound Downtown Tunnel is the oldest tunnel in Hampton Roads; much of it, including its ceiling tiles, has reached or exceeded its designed service life and requires repairs. The eastbound tube, built in 1987, also requires maintenance, as well as several updates to comply with NFPA 502 regulations. The primary alternate route to the Downtown Tunnel is the Midtown Tunnel upstream. Built in 1962 to carry U.S. 58 ,

5475-513: Was $ 2.1 billion. ERC eventually received $ 300 million from VDOT, $ 663.75 mil from the Virginia Small Business Financing Authority and $ 422 million from the U.S. Department of Transportation , all of which went to pay down the toll rate. The 58-year concession period will end on April 13, 2070. The agreement gave ERC the authority to impose tolling on the roadway in order to recoup the private parties

5550-786: Was passed, however. While the Assembly was still in session, on February 29, 2008, the Virginia Supreme Court ruled in Marshall v. Northern Virginia Transportation Authority that the taxation authority granted to these non-elected bodies violated the Constitution of Virginia :and were thus unconstitutional. The Court ruled that the General Assembly could not delegate its taxing powers to an unelected body, stating in its opinion, written by State Justice S. Bernard Goodwyn : ...the General Assembly has failed to adhere to

5625-471: Was short-lived. On February 28, 2008, the State Supreme Court ruled in Marshall v. Northern Virginia Transportation Authority that the taxation authority granted to these non-elected bodies violated the Constitution of Virginia : The General Assembly also may not accomplish through Chapter 896 [HB 3202], indirectly, that which it is not empowered to do directly, namely, impose taxes on

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