Amended and Restated Delegation from Commissions to the VRE Operations Board

Approved July 17, 2025

In 2005, the Northern Virginia Transportation Commission and the Potomac and Rappahannock Transportation Commission (Commissions) approved a Plan of Delegation of Authority to the VRE Operations Board, the joint committee of the Commissions established under the VRE Master Agreement to oversee the VRE commuter rail service. The 2005 delegation, which was preceded by a more limited delegation of contract authority in 1991, occurred in phases and was finalized in 2008. Because the VRE Operations Board is not a legal entity, all actions taken by it in accordance with its delegated authority are done in the name of the Commissions.

The Plan of Delegation is subject to ongoing Commission oversight and possible amendment and revocation as the Commissions may determine in their sole discretion. In order to enable such ongoing Commission oversight, Commissioners shall receive the Operations Board agenda materials in advance of upcoming Operations Board meeting. Any Commission member may request their jurisdiction’s representative on the Operations Board to make a motion at the Operations Board’s meeting to bring an agenda item to the Commissions for consideration and any action. The motion must be approved by the Operations Board before the agenda item will be brought to the Commissions for consideration and any action.

Powers Delegated to VRE Operations Board

  1. Approval of all contracts and agreements provided funds have been budgeted and appropriated for the purpose with the exception of those contracts and agreements reserved to the Commissions for approval.
  2. Delegation of spending authority to VRE Chief Executive Officer up to limits of Operations Board’s authority provided funds have been budgeted and appropriated for the purpose.
  3. Approval of issuance of IFBs, RFPs and other competitive procurement solicitations for items for which funds have been budgeted and appropriated.
  4. Agreements incidental to approved capital projects, e.g., force account agreements with freight railroads, storm water management agreements with localities, and right of entry agreements with third party property owners.
  5. Approval of temporary and permanent easements on Commission owned property that are necessary for VRE facilities that are under construction or major modification, e.g., utility line easements, and approval of temporary and permanent easements conveyed to the Commissions for a nominal fee by third parties which easements are necessary for VRE facilities that are under construction or major modification, e.g., construction easements, access easements, and support structure easements.
  6. Approval of VRE Tariff and changes thereto consistent with the VRE budget.
  7. Conduct annual review of VRE Chief Executive Officer and VRE General Counsel subject to Commission review and approval of all employment agreement amendments.

Powers Retained by the Commissions:

  1. Approval of annual VRE budget, six-year financial plan, and Capital Improvement Program (CIP).
  2. Approval of amendments to the VRE Master Agreement.
  3. Approval of amendments to the VRE Liability Insurance Plan, the Insurance Plan Management Agreement, and the Insurance Plan Trust Fund Agreement.
  4. Approval of operating access agreements with freight railroads, Amtrak and the Virginia Passenger Rail Authority (VPRA).
  5. Approval of VRE service operations and rail equipment maintenance agreement(s), maintenance of railroad right of way agreements, and dispatching agreements.
  6. Hiring and termination of the Chief Executive Officer, and approval of employment agreement amendments.
  7. Hiring and termination of the VRE General Counsel, and approval of employment agreement amendments.
  8. Approval of state, regional and federal grant applications.
  9. Approval of state and federal legislative agendas.
  10. Approval of VRE strategic plan.
  11. Approval of VRE related debt, loans and security interests in Commission property.
  12. Approval of investment policies.
  13. Approval of alternate construction methods.
  14. Approval of public-private partnership projects and related agreements.
  15. Approval of sale or purchase of real property in the Commissions’ names including the authority to acquire property interests through eminent domain.
  16. Approval of sale or purchase of rolling stock.
  17. Approval of leases of Commission owned real property and leases to the Commissions of third party owned real property.
  18. Acceptance of gifts to the Commissions.
  19. Terms and conditions under which jurisdictions and other parties may participate in the VRE commuter rail service.
  20. Approval of personnel plan amendments and personnel policies.
  21. Approval of position classification plan and amendments thereto.
  22. Approval of service expansions and reductions.
  23. Approval of new VRE commuter rail stations.
  24. Receiving notice of claims under the Tort Claims Act
  25. Acceptance of service of process.
  26. Approval of lawsuits filed in name of Commissions.
  27. All actions reserved to the Commissions by the VRE Master Agreement.
  28. All actions not expressly delegated to the Operations Board.
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