Senate Bill No. 462
(By Senator Craigo)
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[Introduced March 22, 1993; referred to the
Committee on the Judiciary.]
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A BILL to amend article two, chapter twenty-four-a of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
four-b, relating to the pass through of transportation costs
by motor carriers transporting solid waste as a rate
surcharge.
Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty-four-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section four-
b, to read as follows:
ARTICLE 2. COMMON CARRIERS BY MOTOR VEHICLES.
§24A-2-4b. Motor carriers transporting solid waste; pass through
of increased transportation costs as rate surcharge.
Any common carrier by motor vehicle transporting solid waste
in this state pursuant to authority granted under section five of
this article may make application to the commission for approvalof a rate surcharge to pass through any increase in the
transportation costs for the motor carrier's solid waste removal
service, to commercial and residential customers, which
transportation costs are the result of the closure of any
commercial solid waste facility previously used by the common
carrier, including increases which are the direct result of fees,
charges, taxes or any other assessment imposed directly or
indirectly upon the common carrier by a governmental body. The
commission shall within fourteen days of receipt of the
application notify the common carrier of approval of the
requested rate surcharge, or approval of a rate surcharge other
than in the amount requested and the reason therefor. The
effective date of the approved rate surcharge shall be the same
date as the effective date of the increase in the transportation
costs to which the surcharge relates; except that in the event
the application for approval of the rate surcharge is received by
the commission more than sixty days after the effective date of
the transportation cost increase, then the effective date of the
approved rate surcharge shall be the date the application was
received by the commission.
The commission shall immediately promulgate emergency rules
which set forth the procedures for the filing of the
transportation cost rate surcharge application. It is the
purpose of this statute to provide an expedited process which
will allow the subject common carriers to pass through
transportation cost increases to all customers. Only that datanecessary to review in accordance with this section may be
required by the commission to be submitted by the motor carrier.
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(NOTE: The purpose of this bill is to provide an expedited
process which will allow the subject motor carriers to pass
through certain transportation cost increases to all customers.
The bill allows motor carriers to obtain from the PSC
transportation cost increases which will occur when landfills
close and haulers must use other more distant landfills.)