LEGISLATIVE REPORT #4

January 15, 2019

FROM:   Martha Burton 
               (804) 861-1666                                      
               mburton@craterpdc.org

ADMINISTRATION OF GOVERNMENT

HB 2424   -  Del. Mark Levine, Alexandria – RE: Body-Worn Cameras – to require localities to have a written policy that conforms to the model established by the Department of Criminal Justice Services prior to purchasing the system.

IN HOUSE MILITIA, POLICE & PUBLIC SAFETY COMMITTEE

HB 2435   -  Del. Luke Torian, Prince William County – RE: Procurement – to require that every public body when procuring construction contracts costing over $500,000, paid for solely with state or local funds, shall require in the specs that 60% of employees employed by contractors or subs for the project be from the local labor market.  “Local Labor Market” is defined as every locality in Virginia and any county outside if any portion of that county is within 75 miles of the Virginia border.

IN HOUSE GENERAL LAWS COMMITTEE

SB 1345    -  Sen. Barbara Favola, Arlington – RE: Procurement-Professional Services – competitive negotiation with top 2 offerors.  Same as HB 2072 (Report #2).

IN SENATE GENERAL LAWS & TECHNOLOGY COMMITTEE

SB 1358    -  Sen. Frank Wagner, Virginia Beach – to allow localities to establish and operate a primary health care facility for their employees, may include vision and dental care.

IN SENATE EDUCATION & HEALTH COMMITTEE

SB 1363    -  Sen. Rosalyn Dance, Petersburg – Petersburg Charter Bill.  Same as HB 2076.

IN SENATE LOCAL GOVERNMENT COMMITTEE

SB 1367    -  Sen. Tommy Norment, James City County – RE: Dogs – to amend Section 3.2-6538 to allow localities to adopt ordinances prohibiting the running at large of dogs in packs.  Dog owners- civil penalty not to exceed $100 per dog- money to go in Dog & Cat License Fund to support Animal Control.

IN SENATE AGRICULTURE, CONSERVATION & NATURAL RESOURCES

COMMITTEE

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SB 1369    -  Sen. Norment – RE: Procurement-Statute of Limitations on Construction Contracts – Same as HB 1667 (Report #1).

IN SENATE GENERAL LAWS & TECHNOLOGY COMMITTEE

SB 1400    -  Sen. Chap Petersen, Fairfax – RE: Stormwater – to amend Section 15.2-958.3 to allow localities to authorize contracts to provide loans for initial acquisition & installation of stormwater management improvements with owners of both existing properties and new construction.

IN SENATE LOCAL GOVERNMENT COMMITTEE

SB 1403    -  Sen. Petersen – RE: Eminent Doman-Assessments of Costs – to amend Section 25.1-245.1 to eliminate subsection E providing exception for public service companies/corporations, railroads.  All costs would be assessed in same manner, regardless of condemnor.

IN SENATE COMMITTEE FOR COURTS OF JUSTICE

SB 1404    -  Sen. Petersen – RE: Eminent Domain – to amend Section 25.1-310A. to provide that costs of filing petition or withdrawing funds, including release of liens attaching to the funds shall be taxed against the condemnor; G. interest to be no less than the judgment rate of interest.

IN SENATE COMMITTEE FOR COURTS OF JUSTICE

SB 1421    -  Sen. Mark Obenshain, Harrisonburg – RE: Eminent Domain – Numerous amendments – to add details that must be included in request for permission to inspect property; if owner’s written permission isn’t received in 15 days, petition shall provide notice of intent to enter; much detail must be provided in Notice of Intent to Enter; provide for reimbursement for at least 3 expert witnesses; re: damage-maliciously, willfully, recklessly would be removed.  To provide more detail in 25.1-230 re: determining FMV; to allow a person to recover damages resulting from reformation, alteration, revision, amendment, invalidation of a certificate; to allow an owner to recover costs if a taking is abandoned in full or in part.

IN SENATE COMMITTEE FOR COURTS OF JUSTICE

SB 1430    -  Sen. Obenshain – RE: Conflicts of Interest Act – to require that local elected officials complete training on the Act within 2 months of taking office and again once every 2 years.  The clerks of the governing bodies/school boards shall keep records of training dates/completion-records to maintained for 5 years; to provide

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that no Commonwealth’s attorney may serve as a county, city or town attorney also.  A local elected official holding office on 7-1-2019 must complete the required training no later than 12/31/2019.

IN SENATE RULES COMMITTEE

SB 1431    -  Sen. Obenshain – RE: FOI Act – Same requirements as seen in SB 1430 above but it would require training on the Freedom of Information Act for local elected officials.  Same timeframes.

IN SENATE GENERAL LAWS & TECHNOLOGY COMMITTEE

SB 1494    -  Sen. John Edwards, Roanoke – RE: Firefighters & Emergency Medical Technicians Procedural Guarantee Act – to provide in Section 9.1-302 that any breach of procedures required by this Act shall create a cause of action against the employing agency in favor of the firefighter or EMT that was subjected to interrogation.

IN SENATE GENERAL LAWS & TECHNOLOGY COMMITTEE

SB 1510    -  Sen. Charles Carrico, Bristol – RE: Police-Requested Towing – to amend Section 46.2-1217 to provide that only towing requests made by local law enforcement officers are subject to local ordinances regulating towing services for unattended, abandoned or immobile vehicles.

IN SENATE TRANSPORTATION COMMITTEE

SB 1528    -  Sen. Jill H. Vogel, Warrenton – RE: Workers Comp – occupational diseases – Same as SB 1022, HB 1804 ( Report #1).

IN SENATE COMMERCE & LABOR COMMITTEE

HB 2450   -  Del. Tony Wilt, Harrisonburg – RE: Annexation – to make current Moratorium Permanent; to provide in Section 15.2-102 for a Dependent City – former city that has reverted to town status; to create the Local Government Efficiency Analysis Fund, money (matching grants) to promote a program to encourage localities to explore consolidation, city reversion, interlocal agreements, other operational efficiencies; Towns would continue to be able to annex; it provides an advisory referendum before a proposed Consolidation- if a majority of voters in a locality vote no, that locality MAY decline to move forward on consolidation.

IN HOUSE COUNTIES, CITIES & TOWNS COMMITTEE

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HB 2475   -  Del. Torian – RE: Procurement-Construction Projects – to require competitive negotiation for construction projects where project cost is more than $500,000.

IN HOUSE GENERAL LAWS COMMITTEE

 

HB 2481   -  Del. Joe McNamara, Roanoke – RE: VRS – to amend Section 51.1-504 to allow localities to opt out of the Group Insurance Program.  Could have alternative insurance.

IN HOUSE _________

HB 2607   -  Del. Jeion Ward, Hampton – RE: Local Truck/Large Vehicle Ordinances – to amend Section 46.2-1222.2 to allow local ordinances to impose a waiting period of no more than 1 hour for large vehicles parked in commercial business areas waiting to load or unload, limit to no more than 2 hours large vehicles parked and actively engaged in or preparing to engage in utility or other similar work.  To add that local ordinances may prohibit or limit parking of these large vehicles adjacent to residential areas.

IN HOUSE __________

SB 1598    -  Sen. Siobhan Dunnavant, Henrico County – RE: Minimum Standards for Health Care in Local/Regional Jails – Same as HB 1918.

IN SENATE REHABILITAITON & SOCIAL SERVICES COMMITTEE

SB 1623    -  Sen. Jeremy McPike, Prince William County – RE: Sharing Local Tax Information – to amend Section 58.1-3 to allow the commissioner of the revenue, treasurer, finance director or other local official who collects or administers taxes for a locality for which the State APA has made a preliminary determination of fiscal stress to disclose information to such locality’s financial officer and CAO.

IN SENATE FINANCE COMMITTEE

SB 1633    -  Sen. Jennifer Boysko, Herndon – RE: Local CAFR Reports – to amend Section 15.2-2510 to change deadline for filing the report to December 15.

IN SENATE LOCAL GOVERNMENT COMMITTEE

SB 1638    -  Sen. Boysko – RE: Publishing Legal Notices – to amend Section 8.01-324 to provide qualifications for newspapers used; to provide that any newspaper authorized to publish legal notices shall also put the notices in full on their websites.  It also includes qualifications for how the notices will appear in papers.

IN SENATE COMMITTEE FOR COURTS OF JUSTICE

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HB 2688   -  Del. Ronnie Campbell, Rockbridge County – RE: Procurement-Construction – to allow public bodies to procure construction on a best value procurement basis – RFP must include criteria considered in evaluating, rating system & disclosure that price will be weighted at least 51%.

IN HOUSE GENERAL LAWS COMMITTEE

HB 2691   -  Del. Israel O’Quinn, Bristol – RE: Broadband – to require the SCC to establish pilot programs under which Dominion & APCO would be required to submit proposals to provide or make available Broadband services to underserved areas.

IN HOUSE __________

ECONOMIC DEVELOPMENT

SB 1523; HB 2545  -  Sen. Frank Ruff, Mecklenburg County; Del. Kathy Byron, Bedford County – to establish the Secretary of Workforce Development.

IN SENATE GENERAL LAWS & TECHNOLOGY & HOUSE __________

COMMITTEES

SJR 85      -  Sen. Amanda Chase, Chesterfield County – RE: Industrial Development Authorities – to direct JLARC to study IDAs- practices, procedures, accountability.

IN SENATE RULES COMMITTEE

SJR 302    -  Sen. Creigh Deeds, Charlottesville – Proposed Constitutional Amendment-Eminent Domain – to provide that an interstate natural gas pipeline is not considered a utility service.

IN SENATE COMMITTEE ON PRIVILEGES & ELECTIONS COMMITTEE

HB 2485   -  Del. Keith Hodges, Middlesex County – RE: Industrial Development Authorities – to amend Section 15.2-4901 to allow IDAs to facilitate and support landowner access to carbon markets through aggregation of landowners to reach a size that attracts investment of private capital.

IN HOUSE _________

HB 2513   -  Del. Tim Hugo, Fairfax County – RE: Workers Comp – Disease Presumption – Same as HB 2281 (Report #3).

REFERRED TO HOUSE

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HB 2539   -  Del. Byron – RE: Worker Retraining Tax Credit – to eliminate and replace with the Worker Training Investment Tax Credit.

IN HOUSE __________

HB 2550; SB 1651  -  Del. Chris Jones, Suffolk; Sen. Janet Howell, Fairfax County – RE: Research & Development – to establish the Commonwealth of Virginia Research Consortium Authority.  It would promote economic development by attracting and retaining high tech jobs; increase industry competitiveness by supporting innovative technologies; support provision of broadband throughout Virginia, support research related to innovative developments including cybersecurity and smart cities.  It includes the Commonwealth of Virginia Research Act.  The consortium would develop a Commonwealth Research & Technology Strategic Roadmap.  There would be Research & Technology and Investment Advisory Councils.  The consortium would be responsible for allocating research- related fund for CCAM.     NOTESB 1651 is almost identical; however, it does not reference CCAM.

IN HOUSE __________ & SENATE GENERAL LAWS & TECHNOLOGY COMMITTEES

SB 1597    -  Senator Dick Saslaw, Fairfax County – makes changes to funding and oversight of research, but is not as expansive as HB 2550 & SB 1651.

IN SENATE COMMERCE & LABOR COMMITTEE

SB 1589    -  Sen. Dunnavant – RE: Education & Economic Development – to create the Virginia Works Portal to be administered by VEDP.

IN SENATE GENERAL LAWS & TECHNOLOGY COMMITTEE

SB 1634    -  Sen. Boysko – RE: Economic Revitalization Zones – to amend Section 15.2-1129.2 to allow towns to establish such zones.

IN SENATE LOCAL GOVERNMENT COMMITTEE

SB 1658    -  Sen. Ben Chafin, Southwest Virginia – RE: Tobacco Commission – Invest in Virginia Venture Capital Accounts.  Same as HB 2190 (Report #3).

IN SENATE FINANCE COMMITTEE

SJR 311    -  Sen. Boysko – to direct DHCD to study the permitting processes for Broadband Deployment & Renewable Energy Projects

IN SENATE RULES COMMITTEE


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SB 1681    -  Sen. Monty Mason, Williamsburg – RE: State Surplus Property – available for economic development – Same as HB 2182.

IN SENATE GENERAL LAWS & TECHNOLOGY COMMITTEE

EDUCATION

SB 1330    -  Sen. Bill Stanley, Franklin County – RE: School Construction – to order a statewide voter ADVISORY referendum on whether or not the General Assembly shall issue $3.0 billion in G.O. bonds for K-12 school building construction, repair, modernization at November 2019 election.

IN SENATE COMMITTEE ON PRIVILEGES & ELECTIONS

SB 1331    -  Sen. Stanley – RE: School Modernization – standards for buildings, allow leasing, Virginia Resources Authority funding.  Same as HB 2192 (Report #3).

IN SENATE EDUCATION & HEALTH COMMITTEE

SB 1406    -  Sen. Dance – RE: Guidance Counselors – now School Counselors – required staffing ratios.  Same as HB 2053 (Report #2).

IN SENATE EDUCATION & HEALTH COMMITTEE

SB 1471    -  Sen. Emmett Hanger, August County – RE: Composite Index – to add a new section to modify the current SOQ funding formula and the calculation of the composite index to incorporate in the real estate indicator of wealth the land use assessment values.

IN SENATE FINANCE COMMITTEE

SB 1530    -  Sen. Deeds – RE: Required Training for School Resource & School Security Officers – to require a list of very specific training for these personnel; to require that each school board ensure that every public school employs at least one school administrator who has attended school safety training and provides what that training must include.

IN SENATE EDUCATION & HEALTH COMMITTEE

SBs 1551, 1563  -  Sen. Scott Surovell, Fairfax County; Sen. Lynwood Lewis, Eastern Shore – RE: School Resource Officers – MOU with law enforcement – (Same as HBs 1733, 2291, SBs 1130, 1214, 1299 – Report #3).

IN SENATE EDUCATION & HEALTH & COURTS OF JUSTICE COMMITTEES

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HB 2609   -  Del. Jay Jones, Norfolk – RE: School Resource Officers – to require training for these officers employed by local law enforcement departments; to encourage school administrators to go through this training.

IN HOUSE _______

HB 2612   -  Del. Schuyler Van Valkenburg, Henrico County – RE: Planning Time for Teachers- to require 45 minutes per day for all elementary, middle and high school teachers.

IN HOUSE EDUCATION COMMITTEE

SB 1582    -  Sen. David Suetterlein, Roanoke – RE: School Security Officers – Same as HBs 1631, 1765, 2024; SBs 1023, 1203 (Reports #1 & #2).

IN SENATE FINANCE COMMITTEE

SB 1590    -  Sen. Dunnavant – RE: Virtual Virginia – to require that Virtual Virginia be made available to all public schools- currently only available to high schools.

IN SENATE EDUCATION & HEALTH COMMITTEE

SB 1629    -  Sen. McPike – RE: Lead Testing-School Buildings – to amend Section 22.1-135.1 to require each school board to submit its testing plan and report test results to the Department of Health.

IN SENATE EDUCATION & HEALTH COMMITTEE

SJR 307    -  Sen. Lewis – to direct JLARC to study the Cost of Education in Virginia ad assess costs to implement the SOQ.

IN SENATE RULES COMMITTEE

HB 2646   -  Del. Hugo – RE: Teachers, Class Sizes – to reduce max class size in K from 29 to 28, from 30-28 in Grades 1-3, and 35-29 in grades 4-6.

IN HOUSE EDUCATION COMMITTEE

ENVIRONMENT

SB 1355    -  Sen. Wagner – RE: Coal Ash Ponds – to provide that in issuing permits for closure of ponds in the Chesapeake Bay watershed, DEQ shall consider:  consider all other state and federal laws and regulations re: ponds; anticipated truck traffic; long-term

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cost effectiveness of closure including costs of groundwater monitoring and remediation; ability of closure to withstand hurricanes, extreme weather, natural disasters.  Costs will be deemed in the public interest and recoverable by the utility- allocated to all customers.

IN SENATE AGRICULTURE, CONSERVATION & NATURAL RESOURCES COMMITTEE

SBs 1155, 1635  -  Sen. Dick Black, Loudoun, County; Sen. Boysko – RE: Trash Receptacles – to amend Section 15.2-901 to allow localities to require by ordinance that trash be shielded or screened from view of a person standing at ground level from outside of the property at any business or multi-family property that has a central collection receptacle.

IN SENATE LOCAL GOVERNMENT COMMITTEE

LAND USE

SB 1398; HB 2621  -  Sen. Stanley; Del. Riley Ingram, Hopewell – RE: Site Plan Approvals – to add a new section to allow localities, as a condition of site plan approval, to require owners/developers to enter into written agreements to decommission certified solar, facilities, or devices.

IN SENATE LOCAL GOVERNMENT & HOUSE _____________

COMMITTEES

HB 2549   -  Del. Chris Jones – RE: Cluster Zoning-Density – to amend Section 15.2-2286.1 to provide that the density calculation shall not include Resource Protection Areas pursuant to criteria of the SWCB; to provide that nothing in this section shall require a locality to allow a greater overall density for a clustered development than would be required on a non-clustered development.

IN HOUSE COUNTIES & CITIES & TOWNS COMMITTEE

SB 1663    -  Sen. George Barker, Alexandria – RE: Subdivision Ordinances-Sidewalks – to amend Section 15.2-2242-9 to provide that the ordinance may include when the provision of a sidewalk is in accord with the Comp Plan, a locality may require dedication of land for and construction of a sidewalk.

IN SENATE LOCAL GOVERNMENT COMMITTEE

HB 2686   -  Del. Barry Knight, Virginia Beach – RE: Boards of Zoning Appeals – to provide in Section 15.2-2308 C. that no action of the board shall be valid unless authorized by a majority of those present and voting.  It changes Section 15.2-2312 to require a majority of those present and voting.

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IN HOUSE COUNTIES, CITIES & TOWNS COMMITTEE

MISCELLANEOUS

HJR 645   -  Del. Nick Freitas, Culpeper – RE: Medicaid – to direct JLARC to study the impact of Medicaid expansion in Virginia.

IN HOUSE RULES COMMITTEE

SJR 287    -  Sen. Dance – to designate August 16 each year as Reverend Dr. Wyatt Tee Walker Day.

IN SENATE RULES COMMITTEE

HB 2683   -  Del. Cheryl Turpin, Virginia Beach – RE: Elections – to extend the time for polls to close to 8:00 p.m.

IN HOUSE COMMITTEE ON PRIVILEGES & ELECTIONS

PUBLIC SAFETY

HB 2436   -  Del. Torian – Community Policing Act – to add new sections to prohibit law enforcement officers from engaging in bias-based profiling.  It directs the State Police to develop and implement a Community Policing Reporting Database; and analyze vehicle and investigatory stops and records of complaints alleging use of excessive force.  To require that each time a law enforcement officer stops a driver the officer shall collect the following data:  race, ethnicity, age, gender of the person stopped; reason for stop, location; whether a warning, written citation or summons was issued, whether anyone was arrested; the warning provided, violation charged or crime charged, whether anyone was searched.  Each law enforcement agency shall collect the number of excessive force complaints the department receives.  State Police to compile, analyze and interpret and report to Governor, General Assembly, A.G. and every Commonwealth’s Attorney beginning 7-1-2020.

IN HOUSE ________

SB 1473    -  Sen. Deeds – RE: Guns – to prohibit at permitted events – Same as HB 1956 (Report #2).

IN SENATE COMMITTEE FOR COURTS OF JUSTICE

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SB 1517    -  Sen. Carrico – RE: Minimum Standards for Law Enforcement Officers – to amend Section 9.1-102 to require compulsory training standards for certification and recertification of officers in Advanced Law Enforcement Rapid Response Training.

IN SENATE COMMITTEE FOR COURTS OF JUSTICE

SB 1555    -  Sen. Vogel – RE: Maximum Speed Limits – to amend Section 46.2-870 to allow a county, by ordinance, to provide that the existing fines shall be doubled for violations of the applicable max speed limit on nonlimited access highways with 4 or more lanes.

                     Think Route 460, Route 58.

IN SENATE TRANSPORTATION COMMITTEE

HB 2465   -  Del. Chris Collins, Winchester – RE: Photo-Monitoring Systems – to amend Section 15.2-968.1 to require localities to consider historical accident, injury and fatality rates for the intersection when selecting a location; to require that the mandated monthly system evaluation results be made available to the public/ put on locality’s website; to require localities to publish an annual report consisting of number and types of violations, accidents, injuries, fatalities at each intersection that is monitored; gross revenue collected, operating costs- information to go on locality website.  Effective 6-30-2020.

IN HOUSE ________

TAXATION

SB 1337    -  Sen. Mark Peake, Lynchburg – RE: Remote Sales Tax Collection – to collect Sales Tax from remote sellers.  After the 1st full f.y. of collections, determine total and calculate the amount the current Sales Tax could be reduced and replaced by these revenues.

IN SENATE FINANCE COMMITTEE

SB 1425    -  Sen. Dunnavant – RE: Food Trucks – to provide that when an owner has paid a license tax to the locality in which the food truck is registered and in which property taxes are paid on the truck, no further license tax or license shall be required by any other locality for conducting business.

IN SENATE FINANCE COMMITTEE

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SB 1470    -  Sen. Edwards – to increase the Gas Tax by 5% of the average wholesale price.

IN SENATE FINANCE COMMITTEE

SBs, 1500, 1601  -  Sen. Hanger; Sen. Norment – RE: Sales Tax–Remote Sellers – Same as HB 2090, SBs 1267, 1294 (Report #3).

IN SENATE FINANCE COMMITTEE

SB 1512    -  Sen. Carrico – RE: County Cigarette Tax – to allow any county to levy tax on cigarettes if approved in a referendum.

IN SENATE FINANCE COMMITTEE

HB 2566   -  Del. Dave LaRock, Loudoun County – RE: Real & Personal Property Tax Exemptions – to REPEAL the property tax exemptions for all nonprofit entities that were granted by the General Assembly by designation effective 7-1-2024; to allow localities to grant them on or after 7-1-2019, to become effective 7-1-2024.

IN HOUSE FINANCE COMMITTEE

HB 2640   -  Del. Byron – RE: Machinery & Tools Tax – to amend Section 58.1-3507 to insert in the Code definitions of Original Total Capitalized Cost and separates out machinery and tools acquired in a bona fide arm’s length transaction and those not acquired in such a transaction.

IN HOUSE FINANCE COMMITTEE

TRANSPORTATION

SB 1505    -  Sen. Carrico – RE: Memorial Naming Signs on Roads, Bridges – to amend Section 33.2-213 to provide that when a bridge or highway facility is going to be named for a state official (includes State Police) killed in the line-of-duty, the state pays for the sign (Currently the locality must pay for it).

IN SENATE TRANSPORTATION COMMITTEE

HB 2578   -  Del. Ken Plum, Fairfax County – RE: Secondary Highway 6-Year Plans – to amend Section 33.2-331 to provide that a governing body would only have to advertise and hold a public hearing if the county has a proposed new funding allocation greater than $100,000.

IN HOUSE _______

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HJ 683      -  Del. LaRock – RE: Transportation Funds – a proposed Constitutional amendment to require that all transportation funds be kept separate and require a super majority vote for the General Assembly to “borrow” from them.

IN HOUSE COMMITTEE ON PRIVILEGES & ELECTIONS

HB 2633   -  Del. Karrie Delaney, Fairfax County – RE: SMART SCALE – to amend Section 33.2-214.1 to prohibit the CTB from prioritizing a project that analysis shows is likely to increase congestion over any project that analysis determines would not increase congestion.

IN HOUSE TRANSPORTATION COMMITTEE

SB 1680    -  Sen. Mason – RE: Mass Transit Providers – to require the CTB to allocate supplemental operating funds in 2020 & 2021 commensurate with FY 2019 operating assistance allocation methodology to any mass transit provider that is negatively impacted by a loss of operating funds as a direct result of the performance-based allocation process in 2018- Total Amount of Supplemental Operating Funds not to exceed $5 million annually.

IN SENATE TRANSPORTATION COMMITTEE