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Introduced Version Senate Bill 438 History

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sb438 intr
Senate Bill No. 438

(By Senators Unger, Yoder and Barnes)

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[Introduced March 3, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend and reenact §24A-1-3 of the Code of West Virginia, 1931, as amended, relating to allowing an exemption for certain county or regional solid waste authority-designated motor carriers of recyclable materials from the certificate of convenience requirements; preserving the Public Service Commission's jurisdiction over drivers and carriers for safety and insurance purposes; removing the provision that these carriers provide the recycling hauling service free of charge; and requiring reporting to county solid waste authorities.

Be it enacted by the Legislature of West Virginia:

That §24A-1-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1. PURPOSES, DEFINITIONS AND EXEMPTIONS.

§24A-1-3. Exemptions from chapter.
The provisions of this chapter, except where specifically otherwise provided, do not apply to:
(1) Motor vehicles operated exclusively in the transportation of United States mail or in the transportation of newspapers: Provided, That the vehicles and their operators are subject to the safety rules promulgated by the Commission;
(2) Motor vehicles owned and operated by the United States of America, the State of West Virginia or any county, municipality or county board of education, urban mass transportation authority established and maintained pursuant to article twenty-seven, chapter eight of this code, or by any of their departments, and any motor vehicles operated under a contract with a county board of education exclusively for the transportation of children to and from school or other legitimate transportation for the schools as the Commission may specifically authorize;
(3) Motor vehicles used exclusively in the transportation of agricultural or horticultural products, livestock, poultry and dairy products from the farm or orchard on which they are raised or produced to markets, processing plants, packing houses, canneries, railway shipping points and cold storage plants, and in the transportation of agricultural or horticultural supplies to farms or orchards where they are to be used: Provided, That the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle, and their operators are subject to the safety and insurance rules promulgated by the Commission;
(4) Motor vehicles used exclusively in the transportation of human or animal excreta;
(5) Motor vehicles used exclusively in ambulance service or duly chartered rescue squad service;
(6) Motor vehicles used exclusively for volunteer fire department service;
(7) Motor vehicles used exclusively in the transportation of coal from mining operations to loading facilities for further shipment by rail or water carriers: Provided, That the vehicles and their operators are subject to the safety rules promulgated by the Commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle, and their operators are subject to the insurance rules promulgated by the Commission;
(8) Motor vehicles used by petroleum commission agents and oil distributors solely for the transportation of petroleum products and related automotive products when the transportation is incidental to the business of selling the products: Provided, That the vehicles and their operators are subject to the safety rules promulgated by the Commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle, and their operators are subject to the insurance rules promulgated by the Commission;
(9) Motor vehicles owned, leased by or leased to any person and used exclusively for the transportation of processed source-separated recycled materials, generated by commercial, institutional and industrial customers, transported free of charge from the customers to a facility for further processing: Provided, That the vehicles and their operators shall be subject to the safety rules promulgated by the Commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle, and their operators are subject to the insurance rules promulgated by the Commission;
(10) Motor vehicles specifically preempted from state economic regulation of intrastate motor carrier operations by the provisions of 49 U.S.C. §14501 as amended by title I, section 103 of the federal "Interstate Commerce Commission Termination Act of 1995": Provided, That the vehicles and their operators are subject to the safety regulations promulgated by the Commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle, and their operators are subject to the insurance rules promulgated by the Commission;
(11) Motor vehicles designated by the West Virginia Bureau of Senior Services for use and operation by local county aging programs: Provided, That the vehicles and their operators are subject to the safety rules promulgated by the Commission;
(12) Motor vehicles designated by the West Virginia Division of Public Transit operated by organizations that receive federal grants from the federal transit administration: Provided, That the vehicles and their operators are subject to the safety and insurance rules promulgated by the Commission.
A county or regional solid waste authority may designate motor vehicles for exemption and they shall be exempt from the provisions of the certificate of convenience and necessity when used for the transportation of recyclable materials generated by commercial, residential, construction, institutional or industrial customers and transported from the generator's location to a recycling or composting operation for further processing: Provided That:
(a) The recyclable content of the hauling container of the motor vehicle equals or exceeds seventy percent recyclable material by weight; and is reported to the county or regional solid waste authority annually; and
(b) The motor vehicles and the operators of the motor vehicles are subject to the safety and insurance rules of the Public Service Commission; and
(c) The recyclable material is generated in a county which has in effect and is operating under a countywide comprehensive land use plan; and
(d) The recyclable material 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; and
(e) The population has increased by fifteen percent or more as determined by the Bureau of the Census of the United States Department of Commerce during the taking of the two thousand census of population.


NOTE: The purpose of this bill is to provide that County and Regional Solid Waste Authorities may designate certain common carriers of recyclable materials to be exempt from certificate of convenience requirements.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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