ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 3089
(By Delegates Boggs, R. M. Thompson, Butcher and Tansill)
[Passed April 9, 2005; in effect ninety days from passage.]
AN ACT
to amend and reenact §17C-17A-3 and §17C-17A-12 of the Code
of West Virginia, 1931, as amended; and to amend and reenact
§24A-1A-2 of said code, all relating to the regulation of the
commercial transportation of coal; adding representatives to
the commercial motor vehicle weight and safety enforcement
advisory committee; authorizing the division to provide for
special crossing permits by legislative rule; creating the
Coal Resource Transportation Designation Committee and
authorizing it to make recommendations
to the Joint Committee
on Government and Finance and to designate roads to the coal
resource transportation road
system
under certain
circumstances
; and adding routes to the coal resource
transportation road system in Braxton, Webster, Nicholas and
Ohio counties.
Be it enacted by the Legislature of West Virginia:
That §17C-17A-3 and §17C-17A-12 of the code of West Virginia,
1931, as amended, be amended and reenacted; and that §24A-1A-2 of said code be amended and reenacted, all to read as follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 17A. REGULATION OF THE COMMERCIAL TRANSPORTATION OF COAL.
§17C-17A-3. Authority of the division of highways and public
service commission generally.
(a) The division of highways shall establish all legal vehicle
weight limits for all public highways including roads within the
coal resource transportation road system. Public highways shall be
designated as coal resource transportation roads by the
commissioner of the division of highways pursuant to this article.
Only state-maintained roads and public highways found in the
following areas: Boone; Fayette; Lincoln; Logan; McDowell; Mercer;
Mingo; Raleigh; Wayne and Wyoming counties; in Braxton county,
Braxton county route 19/29 from Mine 5 haulroad to intersection of
county route 36/1, county route 36/1 to intersection of county
route 36 and county route 36 to the Webster County line (Webster
County route 9); in Ohio County, county route 1 from the
intersection of county route 7 to intersection of Riley Delaplaine
Road; in Greenbrier County, routes west of Sam Black Church and
southwest to the Summers County line; in Clay County, routes 4 and
16; in Nicholas County, routes 1/11, 16, 19, 19/2, 19/40, 20, 39,
41, 55 abd 82; in Webster County, routes 9, 9/1, 9/2, 20, 32 and
82; and all state-maintained roads and public highways found in
Washington, Malden, Louden and Cabin Creek districts, Kanawha
County, are eligible to qualify as part of the coal resource transportation road system. The division shall post signs on roads
informing the public of the designation and shall also list a
toll-free telephone line for public reporting of poor driving or
law violations by special permit operators. The division shall
provide periodic reports to the commercial motor vehicle weight and
safety enforcement advisory committee as established in section
two, article one-a, chapter twenty-four-a of this code relating to
the study of coal resource transportation roads. The periodic
reports shall include the following at a minimum: (1) Citations
issued for violations of this chapter; (2) disposition of the
violations; (3) road conditions and maintenance; and (4) the amount
of undue road damage attributable to coal resource transportation
road system permit use.
(b) The public service commission shall administer the coal
resource transportation road permitting program and otherwise
enforce the provisions of this article. The commission shall
establish requirements for vehicle operators holding coal resource
transportation road permits pursuant to section five of this
article consistent with federal statutory and regulatory
requirements.
(1) The commission may, during normal business hours, conduct
inspections of all trucking-related records of shippers, vehicle
operators, vehicle owners and receivers engaged in the
transportation of coal. Copies of records shall be provided to
commission employees upon request. This provision may not be
construed to authorize the commission to reveal trade secrets or other confidential financial information of those persons
inspected; however the commission may use any weight measurement
records as evidence of a violation of this article.
(2) The commission shall establish and maintain a toll-free
telephone line for public reporting of poor driving or law
violations by special permit operators. In addition, the
commission shall require all vehicles operating under a permit
issued pursuant to the provisions of this article to clearly
display on the vehicle the toll-free telephone number.
(3) The commission shall implement a study of commercial
vehicle safety-related issues, including using higher education
institutions and other research organizations. The commission
shall provide periodic reports to the commercial motor vehicle
weight and safety enforcement advisory committee as established in
section two, article one-a, chapter twenty-four-a of this code
relating to the study of motor vehicle weight and safety
enforcement.
(4) The commission shall establish procedures to use
electronic real time reporting of coal vehicle weights on coal
resource transportation roads by shippers and receivers. The
commission may require daily certified reports from shippers or
receivers if electronic reporting methods are not used. The
commission may authorize alternative measures of reporting that
require same-day reporting of weight measurements by shippers and
receivers.
(5) The commission shall impose and collect from shippers of coal on the coal resource transportation road system through the
use of the special permit, issued pursuant to section five of this
article, for the privilege of loading coal in excess of
eighty-eight thousand pounds for transport on a coal resource
transportation road. The fee shall be assessed in the amount of
five cents per ton of coal hauled over the road. Revenue from the
fees shall be deposited in the coal resource transportation fund
created in said section.
(c) Notwithstanding the provisions of section three, article
one, chapter twenty-nine-a of this code, the commission and the
division shall each propose legislative rules for promulgation in
accordance with the provisions of article three of said chapter to
carry out their duties and responsibilities pursuant to the
provisions of this article.
(d) Notwithstanding any provisions of this code to the
contrary, the division may propose rules for legislative approval
in accordance with the provisions of article three, chapter twenty-
nine-a of this code which would provide a process for approval by
the commissioner of the division of a special crossing permit and
renewals thereof. Special crossing permits authorized by this
subsection would authorize the holder of the permit to operate or
move a vehicle or combination of vehicles which exceed the maximum
weight allowance specified in this chapter or are otherwise not in
conformity with the provisions of this chapter on limited sections
of public highways under specific circumstances specified in the
permit:
Provided, That no special crossing permit may allow the operation or movement of any vehicle or combination of vehicles on
a public highway for more than one-half of a mile:
Provided,
however, That no special crossing permit may allow the operation or
movement of any vehicle or combination of vehicles on a public
highway if the commissioner of the division of highways determines
there is an existing alternate off-road route available. Each
special crossing permit shall contain the specific section or
mileage of the public highway where operation is authorized.
Special crossing permits may not exceed a three-year period and may
be renewed upon approval by the commissioner of the division of
highways as specified in legislative rule. The commissioner of the
division may provide for fees for the processing of applications
for special crossing permits. As a condition of approval of a
special crossing permit, an applicant shall agree to pay for all
actual expenditures incurred by the department of transportation
for the upgrading or repair of the public highway, including
traffic control devices, for which the applicant seeks the special
crossing permit. In addition, all holders of special crossing
permits shall pay for the restoration of the public highway to its
original condition after the permit has expired. The initial rule
filed by the division pursuant to this subsection shall be filed as
an emergency rule.
§17C-17A-12. Designating special coal resource transportation
roads, highways and bridges.
(a) From those counties and districts described in subsection (a), section three of this article, the commissioner of the
division of highways shall identify those public roads, highways
and bridges used during the previous twelve-month period for
transportation of quantities of coal in excess of fifty thousand
tons or projected to be used for transporting quantities of coal in
excess of fifty thousand tons during the ensuing year. The
identification process shall include the following as to each
discretely identifiable section of the public highway:
(1) The current condition of the public roads, highways and
bridges;
(2) The estimated quantities of coal transported;
(3) Any planned or necessary maintenance or improvement;
(4) The number of truck loads of coal transported in an
average day;
(5) Any anticipated increase or decrease in the quantity of
coal being transported; and
(6) Other information determined by the commissioner to be
relevant.
(b) Upon completion of the identification process, but in no
event later than the first day of July, two thousand three, the
commissioner shall designate by order an interim coal resource
transportation road system consisting of those public roads,
highways, bridges or segments thereof which may be used as special
coal haulage roads consistent with the authority contained in this
article. The commissioner shall establish a process for the
receipt and evaluation of public comment on the designations contained within the interim coal resource transportation road
system, and designate weight limits and other conditions for use of
the coal resource transportation road system as public interest so
provides. The commissioner shall publish a directory, including
supporting maps and other documents, of the interim coal resource
transportation road system.
(c) By no later than the first day of January, two thousand
four, the commissioner shall designate by order the coal resource
transportation road system and shall publish a directory, including
supporting maps and other documents, of that road system.
(d) The commissioner shall establish a process for periodic
evaluation of the designations contained in the coal resource
transportation road system in order to add to or delete from the
road system certain additional sections of public highways:
Provided, That the evaluations and modifications of the road system
shall be completed at a minimum on an annual basis.
(e) Effective the first day of July, two thousand five, there
is created the coal resource transportation designation committee,
the purpose of which is to approve the designation of additional
coal resource transportation roads pursuant to the provisions of
this section:
Provided, That the committee may only consider those
applications for designation of roads, highways and bridges not
located within those whole counties identified in section three of
this article.
(f) The committee consists of the following members:
(1) The commissioner of highways, or his or her designee;(2) The superintendent of the state police, or his or her designee;
(3)One member who is representative of the coal industry, to
be appointed by the governor;
(4)One citizen member from the largest citizen action group,
to be appointed by the governor; and
(5) One member of the largest organization representing coal
miners, to be appointed by the governor.
(g) The governor shall appoint members with the advice and
consent of the Senate. Appointed members shall serve for terms of
three years. No member may be appointed to serve more than two
consecutive terms. The committee shall annually nominate from its
members a chair, who shall hold office for one year.
(h) The public members of the committee may receive
compensation for attendance at official meetings, not to exceed the
amount paid to members of the Legislature for their interim duties
as recommended by the citizens legislative compensation commission
and authorized by law. Committee members may be reimbursed for
actual and necessary expenses incurred for each day or portion of
a day engaged in the discharge of committee duties in a manner
consistent with guidelines of the travel management office of the
department of administration.
(i) The committee shall accept applications from any person
for designation or decertification of public roads, highways and
bridges, or segments thereof in any county in the state, which may
be used as special coal haulage roads consistent with the authority
contained in this article. The committee shall establish a process for the receipt and evaluation of public comment on the
designations contained in applications: Provided, That, prior to
any designation the committee shall first have held a public
hearing in the county wherein the public road, highway or bridge is
located: Provided, however, That, where a public road, highway or
bridge is located in more than one county, the hearing shall be
conducted in the county containing the longest mileage under
designation: Provided, further, That prior to any public hearing
the applicant shall cause notice of such public hearing or hearings
by Class I legal advertisement.
(j) Once an application has been approved by the committee and
the public road, highway or bridge has become part of the coal
resource transportation road system, such route must be used for
coal haulage pursuant to the provisions of this article within one
year of its designation. In the event any public road, highway or
bridge that is part of the coal resource transportation road system
ceases to be used for coal haulage for a period of time exceeding
one year, then such route may be decertified by the committee upon
application by any person: Provided, That prior to any
decertification the committee shall first have held a public
hearing in the county wherein the public road, highway, or bridge
is located: Provided, however, That where a public road, highway or
bridge is located in more than one county, the hearing shall be
conducted in the county containing the longest mileage under
decertification: Provided further, That prior to any public hearing the applicant shall cause notice of such public hearing or hearings
by Class I legal advertisement.
(k) Prior to rendering a final decision on any application for
designation or decertification of a coal resource transportation
road, the committee shall first report its findings and
recommendations on each pending application to the Joint Committee
on Government and Finance. The Joint Committee on Government and
Finance may comment on the application which comments shall be
considered by the committee. The committee may not make final any
designation or decertification before thirty days after reporting
its findings and recommendations on an application to the Joint
Committee on Government and Finance.
(l) The coal resource transportation designation committee
created in this section shall report its activities to the
Secretary of Transportation who will provide the necessary staff to
assist the committee in the discharge of its functions pursuant to
this section.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
ARTICLE 1A. COMMERCIAL VEHICLE REGULATION.
§24A-1A-2. Creation of advisory committee; purpose; members;
terms.
(a) There is created the commercial motor vehicle weight and
safety enforcement advisory committee, the purpose of which is to
study the implementation of the commercial motor vehicle weight and
safety enforcement program set forth in this article.
(b) The committee consists of the following members:
(1) One member who is an employee of the division of highways,
to be appointed by the commissioner of highways;
(2) One member who is an employee of the public service
commission, to be appointed by the chairman of the public service
commission;
(3) One member who is a state police officer, to be appointed
by the superintendent of the state police;
(4) One member who is an employee of the division of motor
vehicles, to be appointed by the commissioner of motor vehicles;
(5) One member who is an employee of the development office,
to be appointed by the governor;
(6) One member who is representative of the coal industry, to
be appointed by the governor;
(7) One member of the Senate, to be appointed by the president
of the Senate;
(8) One member of the House of Delegates, to be appointed by
the speaker of the House of Delegates;
(9) Two citizen members, to be appointed by the governor;
(10) One member of the largest organization representing coal
miners, to be appointed by the governor; and
(11) One member of the largest organization representing
natural resource transportation drivers, to be appointed by the
governor.
(c) Members shall serve for terms of three years. No member
may be appointed to serve more than two consecutive terms.
(d) The committee shall annually nominate from its members a
chair, who shall hold office for one year.
(e) The committee shall hold at least four meetings each year
or more often as may, in the discretion of the chair, be necessary
to effectuate the purposes of this article.
(f) The public members of the committee may receive
compensation for attendance at official meetings, not to exceed the
amount paid to members of the Legislature for their interim duties
as recommended by the citizens legislative compensation commission
and authorized by law.
(g) Committee members may be reimbursed for actual and
necessary expenses incurred for each day or portion of a day
engaged in the discharge of committee duties in a manner consistent
with guidelines of the travel management office of the department
of administration.
(h) On or before the first day of January, two thousand four,
and each subsequent year thereafter, the committee shall submit to
the governor and to the Legislature a report of its recommendations
for improving the effectiveness of the commercial vehicle weight
and safety enforcement program.
(i) The commercial vehicle weight and safety enforcement
advisory committee shall continue to exist until the first day of
July, two thousand seven, pursuant to the provisions of article
ten, chapter four of this code, unless sooner terminated, continued
or reestablished pursuant to the provisions of that article.