Bill Text: VA SB1148 | 2017 | Regular Session | Chaptered
Bill Title: Airspace; authority to lease or convey.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-03-03 - Governor: Acts of Assembly Chapter text (CHAP0278) [SB1148 Detail]
Download: Virginia-2017-SB1148-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §33.2-226 of the Code of Virginia is amended and reenacted as follows:
§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 until after the time unless the
locality, by action of its governing body by majority recorded vote, approves
the projected use and has zoned of the airspace in question or
has otherwise 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 and shall not be entered into until after public
advertising for bids for such airspace. The Commissioner of Highways
shall advertise for bids at least 14 days prior to the execution of a lease or
a conveyance. The advertisement shall state the place where bidders may examine
a map of the airspace, the general terms of the lease or conveyance and the
time and place when bids will be opened by the Commissioner of Highways. The
highest bid from a responsible bidder, in the sole discretion of the
Commissioner of Highways, shall be accepted; however, the Commissioner of
Highways may reject all bids and advertise the property again 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 Transportation Trust Fund established pursuant to §33.2-1524.