WEST virginia legislature
2021 regular session
Introduced
House Bill 2203
By Delegates Jeffries, J. and Paynter
[Introduced February 10, 2021; Referred to the Committee on Technology and Infrastructure then Finance]
A BILL to amend and reenact §17-16A-13 of the Code of West Virginia, 1931, as amended, relating to ending tolls on the West Virginia Turnpike effective July 1, 2021.
Be it enacted by the Legislature of West Virginia:
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY.
§17-16A-13. Tolls, rents, fees, charges, and revenues; competitive bidding on contracts.
(a) The Parkways Authority is
hereby authorized to may fix, revise, charge and collect tolls
and fees for the use of each parkway project and the different parts or
sections thereof and to fix, revise, charge and collect rents, fees,
charges and other revenues, of whatever kind or character, for the use of each
economic development project or tourism project, or any part or section
thereof, and to contract with any person, partnership, association or
corporation desiring the use of any part thereof, including the right-of-way
adjoining the paved portion, for placing thereon telephone, fiber optic or
other data transmission lines or devices, electric light, power or other
utility lines, gas stations, garages, stores, hotels, restaurants and
advertising signs, or for any other purpose except for tracks for railroad or
railway use, and to fix the terms, conditions, rents and rates of charges for
such use: Provided, That the Parkways Authority may not charge tolls or
fees for transit over an existing road without express legislative
authorization for the charging of such tolls or fees: Provided, however,
That an existing road does not include the West Virginia Turnpike new
lanes or new sections of an existing road, the replacement or construction of
any bridge or tunnel, or related facilities. Such tolls, rents, fees and
charges shall be so fixed and adjusted in respect of the aggregate of tolls, or
in respect of the aggregate rents, fees and charges, from the project or
projects in connection with which the bonds of any issue shall have been issued
as to provide a fund sufficient with other revenues, if any: (1) To pay the
cost of acquiring, constructing, reconstructing, maintaining, repairing,
improving and operating such project or projects and to create reserves
therefor; (2) to pay the principal of and the interest on such bonds and
related costs and expenses as the same shall become due and payable, and to
create reserves for such purposes; and (3) to comply with any covenants under
any trust agreement securing any bonds issued by the Parkways Authority, or any
predecessor thereof, or to maintain bond credit ratings. Such tolls, rents, fees,
and other charges shall not be subject to supervision or regulation by any
other commission, board, bureau, department or agency of the state. The tolls,
rents, fees, charges and all other revenues derived from the project or
projects in connection with which the bonds of any issue shall have been
issued, except such part thereof as may be necessary to pay the cost of
acquiring, constructing, reconstructing, maintaining, improving, repairing and
operating such project or projects and to provide such reserves therefor as may
be provided in the resolution authorizing the issuance of such bonds or in the
trust agreement securing the same, shall be set aside at regular intervals as
may be provided in the resolution or the trust agreement in a sinking fund
which is hereby pledged to, and charged with, the payment of: (i) The interest
upon the bonds as such interest shall fall due; (ii) the principal of the bonds
as the same shall fall due; (iii) the necessary charges of paying agents and
trustees for paying principal and interest; and (iv) the redemption price or
the purchase price of bonds retired by call or purchase as therein provided.
The use and disposition of moneys to the credit of such sinking fund shall be
subject to the provisions of the resolution authorizing the issuance of the
bonds or of the trust agreement. Except as may otherwise be provided in the
resolution or the trust agreement, such sinking fund shall be a fund for all
bonds without distinction or priority of one over another. The moneys in the
sinking fund, less such reserve as may be provided in the resolution or trust
agreement, if not used within a reasonable time for the purchase of bonds for
cancellation as above provided, shall be applied to the redemption of bonds at
the redemption price then applicable.
(b) The Parkways Authority shall cause, as soon as it is legally able to do so, all contracts to which it is a party and which relate to the operation, maintenance or use of any restaurant, motel or other lodging facility, truck and automobile service facility, food vending facility or any other service facility located along the West Virginia Turnpike, to be renewed on a competitive bid basis. All contracts relating to any facility or services entered into by the Parkways Authority with a private party with respect to any project constructed after the effective date of this legislation shall be let on a competitive bid basis only. If the Parkways Authority receives a proposal for the development of a project, except for a parkway project, such proposal shall be made available to the public in a convenient location in the county wherein the proposed facility may be located. The Parkways Authority shall publish a notice of the proposal by a Class I legal advertisement in accordance with the provisions of §59-3-1 et seq. of this code. The publication area shall be the county in which the proposed facility would be located. Any citizen may communicate by writing to the Parkways Authority his or her opposition to or approval to such proposal within a period of time not less than 45 days from the publication of the notice. No contract for the development of an economic development project or a tourism project may be entered into by the Parkways Authority until a public hearing is held in the vicinity of the location of the proposed economic development project or tourism project with at least 20 days’ notice of such hearing by a Class I publication pursuant to §59-3-2 of this code. The Parkways Authority shall make written findings of fact prior to rendering a decision on any such proposed project. All studies, records, documents, and other materials which are considered by the Parkways Authority in making such findings shall be made available for public inspection at the time of the publication of the notice of public hearing and at a convenient location in the county where the proposed economic development project or tourism project may be located. The Parkways Authority shall promulgate rules in accordance with chapter 29A of this code for the conduct of any hearing required by this section. Persons attending any such hearing shall be afforded a reasonable opportunity to speak and be heard on the proposed economic development project or tourism project.
(c) Notwithstanding any provision of this code, law or rule to the contrary, all tolls on the West Virginia Turnpike shall cease effective July 1, 2021.
NOTE: The purpose of this bill is to end tolls on the West Virginia Turnpike effective July 1, 2021.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.