ENGROSSED

Senate Bill No. 518

(By Senators Plymale, Wagner, Dittmar and Yoder)

_______

[Originating in the Committee on Transportation;

reported February 25, 1994.]

_______




A BILL to amend chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article seventeen-a, relating to the West Virginia transportation safety act; legislative findings; definitions; creating the West Virginia transportation safety council; creation of policy; powers and duties of the council; reporting to the Legislature; and termination of council.

Be it enacted by the Legislature of West Virginia:
That chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article seventeen-a, to read as follows:
ARTICLE 17A. WEST VIRGINIA TRANSPORTATION SAFETY ACT.

§17C-17A-1. Short title.

This article shall be known and may be cited as the "West Virginia Transportation Safety Act".
§17C-17A-2. Legislative findings.

The Legislature finds that the transportation of goods and materials composes an important segment of the state's economy. Laws relating to transportation have been in existence for some time and may not, in all instances, be appropriate in light of improved engineering technology and construction technology. In some instances, the existing weight limits are being exceeded by transporters of goods and materials. An independent body is needed to examine all laws relating to the transportation of goods and materials and the enforcement of these laws.
The Legislature hereby declares that the safety of the public and the integrity of the state's highway system must be balanced with the economic transportation of said goods and materials and the state's economy as a whole and that the state needs to adopt an overall transportation policy reflecting a balance of these interests. To achieve this balance, an independent council comprised of members who can make findings and conclusions of a technical nature relating to highway engineering, motor vehicle engineering, highway safety and the costs of transporting goods and materials and costs of maintaining highways is hereby created. This council is empowered with the appropriate authority to examine matters relating to the transportation of goods and materials and transportation laws, and recommend appropriate changes to existing laws.
§17C-17A-3. Definitions.

For purposes of this article, the following definitions apply:
(a) "Council" means the West Virginia transportation safetycouncil.
(b) "Goods and materials" means water, dirt, sand, gravel, stone, coal, oil, natural gas, timber, salt, crops, paper, steel or any other mineral or material directly obtained, mined, cut or otherwise derived from the land and transported in its natural form; or materials derived from a natural resource without substantial refinement, including, but not limited to, ready- mixed concrete, asphalt, block, coke, ash, stone and limestone aggregates or other items specifically designated by the safety council.
§17C-17A-4. West Virginia transportation safety council.

(a) There is hereby created a "West Virginia Transportation Safety Council" composed as follows: The commissioner of the division of highways, who shall be the chairperson of the council; the chief engineer of development for the division of highways; the superintendent of the division of public safety; the director of the division of transportation of the public service commission; the director of the West Virginia economic council; the chairperson of the West Virginia House of Delegates committee on roads and transportation; and then chairperson of the West Virginia Senate committee on transportation. These seven persons shall be known as the governmental appointees.
The nine nongovernmental persons shall be appointed by the governor on or before the first day of July, one thousand nine hundred ninety-four, and shall have the following qualifications:
(1) One shall be an engineer from the private sector;
(2) Two shall have experience in the transportation industry, with one having expertise in the manufacturing oftraditional haulage equipment and one from a Class I railroad;
(3) Two shall have managerial and transportation experience in the natural resources industry, one of whom shall come from the timber industry;
(4) One from the trucking industry;
(5) One from the state's largest motor advocacy group;
(6) One from the insurance industry; and
(7) One from the West Virginia research league.
(b) The council shall hold meetings at the direction of the chairperson. The chairperson shall call a meeting whenever three members request the chairperson to do so. The exact date and time of each meeting shall be determined by the chairperson.
A majority of the members shall constitute a quorum for the conduct of council business. All issues shall be resolved by a majority of those present at the meeting.
§17C-17A-5. Duties of council.

(a) The council is authorized to study and make recommendations to the Legislature, examine issues relating to transportation of goods and materials and create and adopt a policy relating to such transportation.
Prior to recommending any policy, the council shall hold public hearings in order to elicit public participation and comment on the formation of the policy. The council shall give notice by publication of the date, time and place of all meetings, pursuant to the open meeting law.
(b) The council shall consider weight limits, fees schedules and other criteria for classifying highways and bridges.
The policy shall be based upon relevant facts relating to: (1) Public safety; (2) the costs to maintain the integrity of the state's highway system; (3) the economic costs involved in transportation of goods and materials and the state's economy; and (4) additional considerations reasonably associated with the transportation of goods and materials along the state's highway system.
The policy shall also provide that highways and bridges may be upgraded and that certain upgrading costs may be shared by the state and private entities by entering into cooperative agreements.
(c) The council shall adopt the policy required by this article no later than the first day of December, one thousand nine hundred ninety-four.
§17C-17A-6. Powers of council.

To fulfill its duties under this article, the council has the following powers:
(a) To gather information and data relating to the transportation of goods and materials;
(b) To recommend whether the weight limits of particular public highways, or portions thereof, and public bridges existing in this state should be adjusted. Such recommendations shall be based on sound engineering and safety principles for the purpose of transporting goods and materials in an economically practical and feasible manner;
(c) To hold public hearings to discuss issues relating to the transportation of goods and materials;
(d) To recommend policies and general guidelines for the classification of highways and bridges based upon recommendedtonnage limits for specific axle configurations and total tonnage limits each highway or bridge can adequately support; and
(e) To recommend weight limits, fees for any increased weight permits, cost-sharing procedures to be used to upgrade highways and bridges and enforcement procedures with associated penalty schedules.
§17C-17A-7. Report to legislature and termination of council.

On or before the second day of January, one thousand nine hundred ninety-five, the council shall submit to the Legislature the policy and a written report listing its recommendations.
The council shall be terminated on the first day of June, one thousand nine hundred ninety-five.