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Introduced Version Senate Bill 439 History

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sb439 intr
Senate Bill No. 439

(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 commercial solid waste from the certificate of convenience requirements; and providing that the Public Service Commission has jurisdiction over these carriers for purposes of regulating vehicle safety and insurance.

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 for exemption, and they shall be exempt from the provisions of the certificate of convenience and necessity, motor vehicles used exclusively in the collection or transportation of solid waste, as defined in section two, article fifteen, chapter twenty-two of this code, which is generated by nonresidential sources. Nonresidential sources include, but are not limited to commercial, construction, institutional and industrial customers: Provided, That:
(a) The motor vehicles and the operators of the motor vehicles are subject to the safety and insurance rules of the Public Service Commission; and
(b) The solid waste is generated in a county which has in effect and is operating under a countywide comprehensive land use plan; and
(c) 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; and
(d) 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 solid waste 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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