Vol. 38 Iss. 2 - September 13, 2021

Chapter 271

REGISTRAR'S NOTICE: The Commonwealth Transportation Board is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 B 3 of the Code of Virginia, which exempts regulations relating to the location, design, specifications or construction of public buildings or other facilities, and in accordance with § 2.2-4002 B 4 of the Code of Virginia, which exempts regulations relating to grants of state or federal funds or property.

Title of Regulation: 24VAC30-271. Economic Development Access Fund Policy (repealing 24VAC30-271-10, 24VAC30-271-20).

Statutory Authority: § 33.2-210 of the Code of Virginia.

Effective Date: October 14, 2021.

Agency Contact: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Virginia Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email

Background: Pursuant to § 33.2-1509 of the Code of Virginia, the Commonwealth Transportation Board (CTB) is authorized to make decisions on expending funds for constructing, reconstructing, maintaining, or improving access roads within localities to economic development sites on which manufacturing, processing, research and development facilities, distribution centers, regional service centers, corporate headquarters, or other establishments that also meet basic employer criteria as determined by the Virginia Economic Development Partnership in consultation with the Virginia Department of Small Business and Supplier Diversity will be built under firm contract or are already constructed. This regulation sets forth the policy by which the CTB makes those funding decisions. The CTB recently completed a periodic review, in which it determined that the regulation was not necessary to protect the health, safety, and welfare of the public, because the functions performed by the regulation are those that are adequately performed by a guidance document on the topic that has been adopted by the CTB. The CTB expends funds by voting on a resolution, which specifies the criteria and conditions for the use of such funds on each project, and the terms of the resolution are used to enforce the funding conditions on the locality receiving the funds. The regulation merely provides guidance to the localities to use in preparing a request for funding. In fact, the CTB has adopted a guidance document that specifies, in more detail, all the criteria and conditions that it will consider in making funding decisions for economic development access funds. The regulation is not necessary


The amendments repeal Economic Development Access Fund Policy (24VAC30-271).

VA.R. Doc. No. R21-6883; Filed August 23, 2021