There is hereby created in the state treasury a special nonreverting fund to be known as the Highway Maintenance and Operating Fund ( the Fund ). The Fund shall be established on the books of the Comptroller. Any moneys remaining in the Fund at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund.
The Fund shall consist of the following:
1. Revenues allocated pursuant to subdivision B 1 of § 33.2-1524;
2. Revenues generated pursuant to § 33.2-213;
3. Right-of-way use fees pursuant to § 56-484.32;
4. Civil penalties pursuant to §§ 33.2-216, 33.2-1224, 33.2-1229, 46.2-341.20:2, 46.2-1573, 46.2-1573.11, 46.2-1573.23, and 46.2-1573.36;
5. Permit fees as outlined in § 46.2-652.1;
6. Permit fees pursuant to §§ 46.2-1128, 46.2-1140.1, 46.2-1142.1, 46.2-1143, 46.2-1148, and 46.2-1149.1;
7. Applicable portions of emissions inspection fees from on-road emissions inspectors as designated in § 46.2-1182; and
8. Any other funds appropriated by the General Assembly.
In any year in which the Board determines funding in excess of the amount provided pursuant to § 33.2-1524 is necessary for the Special Structure Program pursuant to § 33.2-374, the Board shall allocate moneys from the Fund to the Special Structure Fund established pursuant to § 33.2-1532.
2014, c. 805; 2015, c. 684; 2020, cc. 1230, 1275.