ENROLLED
H. B. 2359
(By Delegate Warner)
[Passed March 9, 1999; in effect July 1, 1999.]
AN ACT to amend and reenact sections one and four, article three- a, chapter seventeen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to the type of funding approved for constructing industrial
road sites; providing for an increase in the amount of
funding which may be allocated per county per fiscal year;
and providing for surety in estimated amount to be expended
by the division of highways.
Be it enacted by the Legislature of West Virginia:
That sections one and four, article three-a, chapter
seventeen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 3A. INDUSTRIAL ACCESS ROAD FUND.
§17-3A-1. Industrial access road fund created; construction
guarantees by municipalities and counties.
(a) Any other provision of this code notwithstanding, there
is hereby continued in the state treasury the "industrial access
road fund", referred to in this article as "the fund". There
shall be deposited into the fund three fourths of one percent of
all state tax collections which are otherwise specifically
dedicated by the provisions of this code to the state road fund
or the percentage of those tax collections that will produce
three million dollars for each fiscal year. At the end of each
fiscal year, all unused moneys in the fund revert to the state
road fund.
(b) The moneys in the fund shall be expended by the division
of highways for constructing and maintaining industrial access
roads within counties and municipalities to industrial sites on
which manufacturing, distribution, processing or other economic
development activities, including publicly owned airports, are
already constructed or are under firm contract to be constructed.
In the event there is no industrial site already constructed or
for which the construction is under firm contract, a county or
municipality may guarantee to the division of highways an
acceptable surety or a device in an amount equal to the estimated cost of the access road or that portion provided by the division
of highways, that an industrial site will be constructed and if
no industrial site acceptable to the division of highways is
constructed within the time limits of the surety or device, the
surety or device shall be forfeited.
§17-3A-4. Restrictions on use of fund.
(a) The fund may not be used for the adjustment of utilities
or for the construction of industrial access roads to schools,
hospitals, libraries, armories, shopping centers, apartment
buildings, government installations or similar facilities,
whether public or private. The fund may not be used to construct
industrial access roads on private property.
(b) Moneys from the fund may not be expended until the
governing body of the county or municipality certifies to the
division of highways that the industrial site is constructed and
operating or is under firm contract to be constructed or
operated, or upon the presentation of an acceptable surety or
device in an amount equal to the estimated cost of the access
road or that portion provided by the division of highways in
accordance with section one of this article.
(c) Not more than four hundred thousand dollars of unmatched
moneys from the fund may be allocated for use in any one county in any fiscal year. The maximum amount of unmatched moneys which
may be allocated from the fund is ten percent of the fair market
value of the designated industrial establishment. The amount of
unmatched funds allocated may be supplemented with additional
matched moneys from the fund, in which case the matched moneys
allocated from the fund may not exceed one hundred fifty thousand
dollars, to be matched equally from sources other than the fund.
The amount of matched moneys which may be allocated from the fund
over and above the unmatched funds may not exceed five percent of
the fair market value of the designated industrial site.
(d) Funds may only be allocated to those items of
construction and engineering which are essential to providing an
adequate facility to serve the anticipated traffic. Funds may
not be allocated for items such as storm sewers, curbs, gutters
and extra pavement width unless necessary to extend or connect an
existing access road.