VirginiaHB4112026 Regular SessionHouseWALLET

Commissioner of Highways; certain agreements with U.S. Department of Transportation.

Sponsored By: David A. Reid (Democratic)

Became Law

Summary

Commissioner of Highways; certain agreements with the U.S. Department of Transportation; National Environmental Policy Act. Authorizes the Commissioner of Highways to enter into agreements for a term of five years with the U.S. Department of Transportation, as provided for in federal law, regarding state assumption of responsibility for categorical exclusions and the Surface Transportation Project Delivery Program. The bill authorizes the Department of Transportation to assume certain responsibilities of the U.S. Secretary of Transportation pursuant to such agreement. Under the bill, the Commonwealth waives its immunity from civil suit in a federal court under certain circumstances. The bill contains an expiration date of five years after the date on which the first agreement is entered into. This bill is identical to SB 716.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Public comment on review manual changes

The Virginia Department of Transportation must post proposed substantive changes to its environmental review manual online for 30 days of public comment. Posting must start at least 45 days before the planned effective date. Purely administrative edits do not need posting.

Virginia can take over federal environmental reviews

Virginia’s Commissioner of Highways can sign five-year agreements with the U.S. Department of Transportation. Under these deals, Virginia handles some federal environmental reviews for transportation projects. The Department may take on duties normally done by the U.S. Secretary of Transportation. It may adopt rules and spend funds needed to carry out these duties.

Federal court suits allowed on state reviews

People harmed by actions taken under these agreements can sue Virginia only in federal court. The Commonwealth waives its Eleventh Amendment immunity and consents to be sued for this narrow purpose. This applies only when a valid agreement is in place and the claim arises from those assumed duties, and the agreement was in effect when the act happened. Cases follow the same legal standards as suits against the U.S. Secretary of Transportation. This also exposes the Commonwealth to federal lawsuits tied to these duties.

Law sunsets five years after first deal

This law expires five years after the date the first agreement under it is signed, unless the General Assembly renews it. When an agreement is signed, the Commissioner of Highways must tell the chair of the Virginia Code Commission in writing and include the date.

Sponsors & Cosponsors

Sponsor

  • David A. Reid

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 247 • No: 0

Senate vote 2/24/2026

Passed Senate Block Vote

Yes: 39 • No: 0

Senate vote 2/23/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/23/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • No: 0

Senate vote 2/19/2026

Reported from Transportation

Yes: 13 • No: 0

House vote 2/12/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 2/6/2026

Reported from Appropriations

Yes: 22 • No: 0

House vote 2/4/2026

Subcommittee recommends reporting

Yes: 7 • No: 0 • Other: 1

House vote 1/29/2026

Reported from Transportation and referred to Appropriations

Yes: 21 • No: 0

House vote 1/27/2026

Subcommittee recommends reporting and referring to Appropriations

Yes: 10 • No: 0 • Other: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0133)

    4/6/2026Governor
  2. Approved by Governor-Chapter 133 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB411)

    2/27/2026House
  6. Bill text as passed House and Senate (HB411ER)

    2/26/2026House
  7. Enrolled

    2/26/2026House
  8. Signed by President

    2/26/2026Senate
  9. Signed by Speaker

    2/26/2026House
  10. Passed Senate Block Vote (39-Y 0-N 0-A)

    2/24/2026Senate
  11. Read third time

    2/24/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    2/23/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)

    2/23/2026Senate
  14. Rules suspended

    2/23/2026Senate
  15. Reported from Transportation (13-Y 0-N)

    2/19/2026Senate
  16. Referred to Committee on Transportation

    2/13/2026Senate
  17. Constitutional reading dispensed (on 1st reading)

    2/13/2026Senate
  18. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/12/2026House
  19. Read second time and engrossed

    2/11/2026House
  20. Read first time

    2/10/2026House
  21. Fiscal Impact Statement from Department of Planning and Budget (HB411)

    2/9/2026House
  22. Fiscal Impact Statement from Department of Planning and Budget (HB411)

    2/9/2026House
  23. Reported from Appropriations (22-Y 0-N)

    2/6/2026House
  24. Subcommittee recommends reporting (7-Y 0-N)

    2/4/2026House
  25. Reported from Transportation and referred to Appropriations (21-Y 0-N)

    1/29/2026House

Bill Text

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