H. B. 3141
(By Delegates Fleischauer, Martin, Miley,
M. Poling, T. Campbell, Barill, Manypenny,
Caputo, Manchin, Michael and Wells)
[Introduced February 15, 2011; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-8a, relating to requiring the Commissioner of Highways to require bonds be posted in connection with major construction, mineral extraction and industrial projects that impact the roads in the state; and granting rule-making authority.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17-2A-8a, to read as follows:
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-8a. Major construction, industrial projects and mineral extraction.
(a) In addition to all other duties, powers and responsibilities given and assigned to the commissioner in this chapter, the commissioner may require bonds be posted, or other financial security obtained, in connection with major construction or industrial projects, including, but not limited to, major mineral extraction, drilling, logging projects and associated activities that impact the roads in this state above and beyond normal wear and tear.
(b) The commissioner shall, by July 1, 2011, promulgate emergency rules pursuant to section fifteen, article three, chapter twenty-nine-a of this code, and by December 1, 2011, promulgate permanent rules pursuant to article three of that chapter to implement this section.
(c) In promulgating the rules required by subsection (b) of this section, the commissioner shall, at a minimum, consider the following:
(1) The types of major construction activities, industrial activities, mineral extraction projects, oil and gas drilling projects, logging projects and similar activities that pose a potential harm to or could potentially damage the roads in this state;
(2) What constitutes “potential harm to or could potentially damage” the roads in this state;
(3) The amount of bond or other financial security to be required; and
(4) Requiring those engaged in the projects and activities covered by this section give notice of their proposed activities, the amount of time between when the project or activities are to begin and when the notice is required, the materials required to be included in the notice and any other information the commissioner determines is necessary to be submitted before an informed decision may be made on the type and amount of financial security to be required.
NOTE: The purpose of this bill is to permit the Commissioner of Highways to require bonds be posted in connection with major construction, mineral extraction and industrial projects that impact the roads in this state. The bill also grants rule-making authority.
This section is new; therefore, it has been completely underscored.