HB 771 Virginia House of Delegates · 2020 Regular Session

Dulles Greenway; amends the powers and responsibilities of the SCC to regulate toll road operators.

Summary
Dulles Greenway. Amends the powers and responsibilitiesof the State Corporation Commission (SCC) to regulate toll road operators underthe Virginia Highway Corporation Act of 1988. The measure adds requirementsthat toll rates not materially discourage the public's use of the toll road,that the cost of operating the toll road be reasonably apportioned across alltoll road users based on the relative distance each class of user travels onthe toll road such that the toll rates are established in a reasonable andnondiscriminatory manner in relation to the benefit obtained, and that tollrates shall provide the operator with no more than a reasonable return. Inaddition, the measure (i) requires the SCC, by October 1, 2020, to initiate aninvestigation into the tolls charged by all operators subject to the Act and toissue a ruling by April 1, 2021, on its investigation as to whether the currenttolls charged by the operator comply with such new requirements; (ii) prohibitsthe SCC from using during any future complaint proceeding the fact that anyincremental return resulting from increased traffic related to a relativechange in potential toll users that is greater than zero on a cumulative basisas the sole basis for finding that the operator's return exceeds a reasonablelevel as specified in such new requirements; (iii) requires the SCC, in itsinitial investigation, to develop a baseline from which it can measure therelative change in potential toll users and directs how the incremental returnshall be computed; (iv) prohibits an operator from seeking a toll increase thatattempts to raise its return above the reasonable level; (v) requires the fulldisclosure, in public financial reports to the SCC, of the details of anyrelated party transactions; and (vi) establishes a presumption that any relatedparty transactions shall be presumed to be imprudent and excluded from costsused for any purpose, including but not limited to costs of lobbyists,excessive compensation, and entertainment expenses, unless the operatorprovides information showing that at least three separate competitive bidsdemonstrate that the operator could not have achieved better contract termsfrom a third party.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2020
Committee Review
Floor Vote
Governor
Introduced Jan 7, 2020 Last action Jan 30, 2020
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Full legislative history

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Total actions
4
Key actions
0
Committee
1
Jan 7, 2020
Committee
Referred to Committee on Labor and Commerce
lower
Jan 7, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20104070D
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Dave LaRock
Dave LaRock
RRepublican
VA
33