Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Engrossed Version Senate Bill 439 History

OTHER VERSIONS  -  Introduced Version  |  DOWNLOAD  wpd  |  Email


SB439 SUB1 eng
ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 439

(By Senators Unger, Yoder and Barnes)

____________

[Originating in the Committee on the Judiciary;

reported March 24, 2005.]

____________


A BILL to amend and reenact §22C-4-23 of the Code of West Virginia, 1931, as amended; to amend and reenact §24A-2-5 of said code; and to amend and reenact §24A-3-3 of said code, all relating to allowing an exemption for certain county or regional solid waste authority-designated motor carriers of commercial solid waste from the certificate of convenience requirements; establishing criteria for the exemption; and establishing requirements for notice and a public hearing.

Be it enacted by the Legislature of West Virginia:
That §22C-4-23 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that
§24A-2-5 of said code be amended and reenacted; and that §24A-3-3 of said code be amended and reenacted, all to read as follows:
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS,

AUTHORITIES, COMMISSIONS AND COMPACTS.

ARTICLE 4. COUNTY AND REGIONAL SOLID WASTE AUTHORITIES.

§22C-4-23. Powers, duties and responsibilities of authority generally.

The authority may exercise all powers necessary or appropriate to carry out the purposes and duties provided in this article, including the following:
(1) Sue and be sued, plead and be impleaded and have and use a common seal.
(2) To conduct its business in the name of the county solid waste authority or the regional solid waste authority, as the case may be, in the names of the appropriate counties.
(3) The authority board of directors shall promulgate rules to implement the provisions of sections nine and ten of this article and is authorized to promulgate rules for purposes of this article and the general operation and administration of authority affairs.
(4) Adopt, and, from time to time, amend and repeal, bylaws necessary and proper for the conduct of its affairs consistent with this article.
(5) To promulgate such rules as may be proper and necessary to implement the purposes and duties of this article.
(6) Acquire, construct, reconstruct, enlarge, improve, furnish, equip, maintain, repair, operate, lease or rent or contract for the operation by any person, partnership, corporation or governmental agency, any solid waste facility or collection, transportation and processing facilities related thereto.
(7) Issue negotiable bonds, notes, debentures or other evidences of indebtedness and provide for the rights of the holders thereof, incur any proper indebtedness and issue any obligations and give any security therefor which it may deem necessary or advisable in connection with exercising powers as provided herein.
(8) Make available the use or services of any solid waste facility collection, transportation and processing facilities related thereto, to any person, partnership, corporation or governmental agency consistent with this article.
(9) Acquire by gift or purchase, hold and dispose of real and personal property in the exercise of its powers and duties.
(10) Make and enter all contracts, leases and agreements and to execute all instruments necessary or incidental to the performance of its duties and powers.
(11) Employ managers, engineers, accountants, attorneys, planners and such other professional and support personnel as are necessary in its judgment to carry out the provisions of this article.
(12) Receive and accept from any source such grants, fees, real and personal property, contributions, funds transferred from a solid waste facility and funds of any nature as may become available to the authority, in order to carry out the purposes of this article, including, but not limited to, the development, operation or management of litter control programs and recycling programs: Provided, That nothing contained in this subsection shall be construed to extend the authority or jurisdiction of the Public Service Commission to activities under this subsection solely because the activities are funded by moneys transferred from a solid waste facility, nor may the use of transferred funds by a solid waste authority be considered by the Public Service Commission in carrying out its duties under section one-f, article two, chapter twenty-four of this code.
(13) Cooperate with and make such recommendations to local, state and federal government and the private sector in the technical, planning and public policy aspects of litter control and solid waste management as the authority may find appropriate and effective to carry out the purposes of this article.
(14) Charge, alter and collect rentals, fees, service charges and other charges for the use or services of any solid waste facilities or any solid waste collection, transportation and processing services provided by the authority.
(15) Prohibit the dumping of solid waste outside the hours of operation of a solid waste facility.
(16) Enforce the hours of operation of a solid waste facility and the mandatory disposal provision in section ten of this article by referring violations to the division of environmental protection or the appropriate law-enforcement authorities.
(17) Do all acts necessary and proper to carry out the powers expressly granted to the authority by this article and powers conferred upon the authority by this article.
All rules promulgated by the authority pursuant to this article are exempt from the provisions of article three, chapter twenty-nine-a of this code.
(18) A county or regional solid waste authority may designate a motor carrier as exempt from obtaining a certificate of convenience and necessity or permit from the Public Service Commission, as would otherwise be required by chapter twenty-four of this code, for the operation of motor vehicles used exclusively in the collection or transportation of construction and demolition debris or of solid waste and recyclable materials which are generated by commercial, industrial, institutional or other nonresidential sources: Provided, That:
(A) The solid waste is generated in a county in which the county or regional solid waste authority has in effect and is operating a drop off or curbside recycling program available to all county residents;
(B) The population of the county increased by fifteen percent or more between the two most recent decennial censuses conducted by the Bureau of the Census of the United States Department of Commerce;
(C) The county is served by fewer than three common carriers by motor vehicles authorized to carry nonresidential solid waste by certificates of convenience and necessity issued by the Public Service Commission; and
(D) There is not a regional solid waste authority operating one or more transfer stations for the region.
No county or regional solid waste authority shall designate any motor carrier as exempt unless it determines that the above conditions have been met, and that granting an exemption meets one or more of the following criteria: (i) Improvement of the dependability, quality or value of solid waste collection or recycling services available to the county or region; (ii) enhancement of the disposal, recycling or composting capacity available to the county or region; (iii) enhancement of economic development in the county or region; and (iv) facilitation of the development of the solid waste infrastructure in the county or region.
Any applicant for an exemption shall establish to the satisfaction of the solid waste authority that it has the financial resources and the ability to provide the services proposed in its application. An applicant for an exemption shall be provided with written notice and a reasonable opportunity to make written and oral submissions to the county or regional solid waste authority prior to any decision on whether to grant, deny or revoke an exemption. Prior to granting any exemption a public hearing shall be conducted by the authority to afford interested persons a reasonable opportunity to submit written or oral comments. Notice of the public hearing shall be given in the manner required for conducting a public hearing on a solid waste facility siting plan. When granting an exemption, the county or regional solid waste authority may impose reasonable conditions not inconsistent with the criteria set forth above. A copy of the county or regional solid waste authority's decision granting, denying or revoking an exemption shall be supplied to the Motor Carrier Division of the Commission along with a notarized statement by the authority's chairperson or secretary that the copy accurately represents the action taken. No exemption granted under this subsection may be assigned or transferred without the approval of the solid waste authority.

CHAPTER 24A. MOTOR CARRIERS OF PASSENGERS

AND PROPERTY FOR HIRE.

ARTICLE 2. COMMON CARRIERS BY MOTOR VEHICLES.

§24A-2-5. Certificate of convenience and necessity.

(a) Required; application; hearing; granting. -- It shall be unlawful for any common carrier by motor vehicle to operate within this state without first having obtained from the Commission a certificate of convenience and necessity: Provided, That a county or regional solid waste authority may grant an exemption to this requirement pursuant to the provisions of section twenty-three, article four, chapter twenty-two-c of this code. Upon the filing of an application for such certificate, the Commission shall set a time a place for a hearing on the application: Provided, however, That the Commission may, after giving proper notice and if no protest is received, waive formal hearing on the application. Notice shall be by publication which shall state that a formal hearing may be waived in the absence of a protest to such application. The notice shall be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for such publication shall be the proposed area of operation. The notice shall be published at least ten days prior to the date of the hearing. After the hearing or waiver by the Commission of the hearing, if the Commission finds from the evidence that the public convenience and necessity require the proposed service or any part thereof, it shall issue the certificate as prayed for, or issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the right granted by such certificate such terms and conditions as in its judgment the public convenience and necessity may require, and if the Commission shall be of the opinion that the service rendered by any common carrier holding a certificate of convenience and necessity over any route or routes in this state is in any respect inadequate or insufficient to met the public needs, such certificate holder shall be given reasonable time and opportunity to remedy such inadequacy or insufficiency before any certificate shall be granted to an applicant proposing to operate over such route or routes as a common carrier. Before granting a certificate to a common carrier by motor vehicle the Commission shall take into consideration existing transportation facilities in the territory for which a certificate is sought, and in case it finds from the evidence that the service furnished by existing transportation facilities is reasonably efficient and adequate, the Commission shall not grant such certificate.
(b) Rules and regulations; taking evidence at hearings; burden of proof. -- The Commission shall prescribe such rules and regulations as it may deem proper for the enforcement of the provisions of this section and in establishing that public convenience and necessity do exist the burden of proof shall be upon the applicant. The Commission may designate any of its employees to take evidence at the hearing of any application for a certificate and submit findings of fact as a part of a report or reports to be made to the Commission.
(c) Certificate not franchise, etc.; assignment or transfer. -- No certificate issued in accordance with the terms of this chapter shall be construed to be either a franchise or irrevocable or to confer any proprietary or property rights in the use of the public highways. No certificate issued under this chapter shall be assigned or otherwise transferred without the approval of the Commission. Upon the death of a person holding a certificate, his personal representative or representatives may operate under such certificate while the same remains in force and effect and, with the consent of the Commission, may transfer such certificate.
(d) Suspension, revocation or amendment. -- The Commission may at any time, for good cause, suspend and, upon not less than fifteen days' notice to the grantee of any certificate and an opportunity to be heard, revoke or amend any certificate.
(e) The Commission shall have the authority, after hearing, to ratify, approve and affirm those orders issued pursuant to this section since the tenth day of March, nineteen hundred seventy-nine. For the purposes of this subsection the Commission may give notice by a Class I legal advertisement of such hearing in any newspaper or newspapers of general circulation in this state, and such other newspapers as the Commission may designate.
ARTICLE 3. CONTRACT CARRIERS BY MOTOR VEHICLES.

§24A-3-3. Permit.

(a) Required; application; hearing; granting. -- It shall be unlawful for any contract carrier by motor vehicle to operate within this state without first having obtained from the Commission a permit: Provided, That a county or regional solid waste authority may grant an exemption to this requirement pursuant to the provisions of section twenty-three, article four, chapter twenty-two-c of this code.
Upon the filing of an application for such permit, the Commission shall fix a time and place for hearing thereon: Provided, however, That the Commission may, after giving notice as hereinafter provided and if no protest is received, waive formal hearing on such application. Said notice shall be by publication which shall state that formal hearing may be waived in the absence of protest to such application. Such notice shall be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for such publication shall be the area of operation. Such notice shall be published at least ten days prior to the date of hearing. After hearing or waiver of hearing as aforesaid, as the case may be, the Commission shall grant or deny the permit prayed for or grant it for the partial exercise only of the privilege sought, and may attach to the exercise of the privilege granted by such permit such terms and conditions as in its judgment are proper and will carry out the purposes of this chapter. No permit shall be granted unless the applicant has established to the satisfaction of the Commission that the privilege sought will not endanger the safety of the public or unduly interfere with the use of the highways or impair unduly the condition or unduly increase the maintenance cost of such highways, directly or indirectly, or impair the efficient public service of any authorized common carrier or common carriers adequately serving the same territory.
(b) Rules and regulations; evidence at hearing. -- The commission shall prescribe such rules and regulations as it may deem proper for the enforcement of the provisions of this section and may designate any of its employees to take evidence at the hearing on any application for a permit and submit findings of fact as a part of report or reports to be made to the Commission.
(c) Permit not franchise, etc.; assignment or transfer. -- No permit issued in accordance with the terms of this chapter shall be construed to be either a franchise or irrevocable or to confer any proprietary or property rights in the use of the public highways. No permit issued under this chapter shall be assigned or otherwise transferred without the approval of the Commission. Upon the death of a person holding a permit, his personal representative or representatives may operate under such permit while the same remains in force and effect and, with the consent of the Commission, may transfer such permit.
(d) Suspension, revocation or amendment. -- The Commission may at any time, for good cause, suspend and, upon not less than fifteen days' notice to the grantee of any permit and an opportunity to be heard, revoke or amend any permit.
(e) Notice of cessation or abandonment. -- Every contract carrier by motor vehicle who shall cease operation or abandon his rights under a permit issued shall notify the Commission within thirty days of such cessation or abandonment.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****