COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 653

(By Senators Love, Ross, Caldwell, Facemyer, Anderson, Edgell, Kessler, Minard, Mitchell, Hunter, Rowe, Oliverio, Redd, Sprouse, McCabe and Sharpe )

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[Originating in the Committee on Finance;

reported April 4, 2001.]

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A BILL to amend and reenact sections thirteen and eighteen-a, article sixteen-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the parkways authority; allocating money for king coal highway, the coalfields expressway and route 2; and exempting state school buses, law-enforcement vehicle and emergency services vehicles operating on the West Virginia turnpike from all toll fee charges.

Be it enacted by the Legislature of West Virginia:
That sections thirteen and eighteen-a, article sixteen-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 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY.
§17-16A-13. Tolls, rents, fees, charges and revenues; competitive bidding on contracts.

(a) (1) The parkways authority is hereby authorized to may fix, revise, charge and collect tolls for the use of each parkway project and the different parts or sections thereof of the project, and to fix, revise, charge and collect rents, fees, charges and other revenues, of whatever kind or character, for the use of each economic development project or tourism project, or any part or section thereof of the project, and to contract with any person, partnership, association or corporation desiring the use of any part thereof of the project, including the right-of-way adjoining the paved portion, for placing thereon telephone, telegraph, electric light, power or other utility lines, gas stations, garages, stores, hotels, restaurants and advertising signs, or for any other purpose except for tracks for railroad or railway use, and to fix the terms, conditions, rents and rates of charges for such the use. Such The tolls, rents, fees and charges shall be so fixed and adjusted in respect of the aggregate of tolls, or in respect of the aggregate rents, fees and charges, from the project or projects in connection with which the bonds of any issue shall have been issued as to provide a fund sufficient with other revenues, if any, to pay: (A) The cost of maintaining, repairing and operating such the project or projects; and (B) the principal of and the interest on such the bonds as the same bonds shall become due and payable, and to create reserves for such those purposes. Such The tolls, rents, fees and other charges shall are not be subject to supervision or regulation by any other commission, board, bureau, department or agency of the state. The tolls, rents, fees, charges and all other revenues derived from the project or projects in connection with which the bonds of any issue shall have been issued, except such the part thereof as may be necessary to pay such the cost of maintenance, repair and operation and to provide such the reserves therefor as may be provided for in the resolution authorizing the issuance of such the bonds or in the trust agreement securing the same bonds, shall be set aside at such the regular intervals as may be provided in such the resolution or such the trust agreement in a sinking fund which is hereby pledged to, and charged with, the payment of: (i) The interest upon such the bonds as such and any interest shall fall that falls due; (ii) the principal of such the bonds as the same bonds shall fall due; (iii) the necessary charges of paying agents for paying principal and interest; and (iv) the redemption price or the purchase price of bonds retired by call or purchase as therein provided in the resolution or trust fund. The use and disposition of moneys to the credit of such the sinking fund shall be is subject to the provisions of the resolution authorizing the issuance of such the bonds or of such the trust agreement. Except as may otherwise be provided in such the resolution or such the trust agreement, such the sinking fund shall be a fund for all such bonds without distinction or priority of one over another. The moneys in the sinking fund, less such the reserve as may be provided in such the resolution or trust agreement, if not used within a reasonable time for the purchase of bonds for cancellation as above provided in this subsection, shall be applied to the redemption of bonds at the redemption price then applicable.
(2) (A) In fiscal year one thousand nine hundred ninety-eight two thousand two, after the parkways authority has met or provided for the satisfaction of each requirement imposed by the provisions of subdivision (1) of this subsection, the parkways authority shall pay two hundred fifty thousand dollars to the Hatfield-McCoy regional recreation authority one million five hundred thousand dollars to the King Coal Highway and Coal Fields Expressway and one million five hundred thousand dollars to route 2 from any remaining balance of revenues received from economic development projects and tourism projects.
(B) Upon the effective date of this act, the parkways authority shall seek authorization from the federal highway administration, the state department of transportation and the trustee under any trust indenture or agreement existing as the result of the issuance of any revenue bonds under the provisions of this article to issue additional revenue bonds in a total amount not to exceed six million dollars for the purpose of funding projects of the Hatfield-McCoy regional recreation authority. Upon the agreement of all of such the entities that the parkways authority be authorized to do so, as certified to the parkways authority, the governor and the joint committee on government and finance, the parkways authority is authorized to may issue additional revenue bonds in a total amount not to exceed six million dollars. The proceeds of the revenue bonds shall be used to fund projects of the Hatfield-McCoy regional recreation authority. Each issuance of such revenue bonds and the application of the proceeds thereof shall be of the revenue bonds are subject to each condition, restriction or other provision of this article applicable to the issuance of parkway revenue bonds. In the event the agreement is not certified as required by this subsection, and until the same agreement is certified, the parkways authority shall pay two hundred fifty thousand dollars to the Hatfield-McCoy regional recreation authority in the fiscal year ending the thirtieth day of June, two thousand, and in each fiscal year thereafter, for a total of four consecutive years, for the purpose of funding projects of the Hatfield-McCoy regional recreation authority. These amounts shall be paid in quarterly installments from remaining balances in each such fiscal year of revenues received from economic development projects and tourism projects as determined in the manner provided in paragraph (A) of this subdivision.
(b) The parkways authority shall cause, as soon as it is legally able to do so, all contracts to which it is a party and which relate to the operation, maintenance or use of any restaurant, motel or other lodging facility, truck and automobile service facility, food vending facility or any other service facility located along the West Virginia turnpike, to be renewed on a competitive bid basis. All contracts relating to any facility or services entered into by the parkways authority with a private party with respect to any project constructed after the effective date of this legislation shall be let on a competitive bid basis only. If the parkways authority receives a proposal for the development of a project, such the proposal shall be made available to the public in a convenient location in the county wherein in which the proposed facility may be located. The parkways authority shall publish a notice of the proposal by a Class I legal advertisement in accordance with the provisions of article three, chapter fifty-nine of this code. The publication area shall be the county in which the proposed facility would be located. Any citizen may communicate by writing to the parkways authority his or her opposition to or approval to such the proposal within a period of time not less than forty-five days from the publication of the notice. No contract for the development of a project may be entered into by the parkways authority until a public hearing is held in the vicinity of the location of the proposed project with at least twenty days' notice of such the hearing by a Class I publication pursuant to section two, article three, chapter fifty- nine of this code. The parkways authority shall make written findings of fact prior to rendering a decision on any proposed project. All studies, records, documents and other materials which are considered by the parkways authority in making such the findings shall be made available for public inspection at the time of the publication of the notice of public hearing and at a convenient location in the county where the proposed project may be located. The parkways authority shall promulgate rules in accordance with chapter twenty-nine-a of this code for the conduct of any hearing required by this section. Persons attending any such hearing shall be afforded a reasonable opportunity to speak and be heard on the proposed project.
§17-16A-18a. Corridor "L" toll fees authorized; commuter pass; school bus exemption; annual report.

(a) The parkways authority is hereby authorized to may operate the currently existing toll collection facility located at the interchange of U. S. route 19 (corridor "L") and said the turnpike subject to the following:
(1) The toll fee charges by the parkways, economic development and tourism authority at its toll facilities located at the interchange of U. S. route 19 (corridor "L") and said the turnpike shall not exceed those toll charges levied and collected by the authority at said the interchange as of the first day of January, one thousand nine hundred ninety, and hereafter, no proposed increase in such the toll fees shall be implemented by the parkways authority unless the authority shall have has first complied with validly promulgated and legislatively approved rules and regulations pursuant to the applicable provisions of chapter twenty-nine-a of this code;
(2) As soon as reasonably possible after the effective date of this legislation, but in no event later than the first day of July, one thousand nine hundred ninety, The authority shall establish, advertise, implement and otherwise make generally available to all qualified members of the public, resident or nonresident, a system of commuter passes, in a form to be determined by the authority: Provided, That said the system of commuter passes shall, at a minimum, permit the holder of such the pass or passes, after paying the applicable fee to the authority, to travel through the U. S. route 19 (corridor "L") turnpike interchange and toll facilities on an unlimited basis, without additional charge therefor, for a period of one year after the issuance of said the commuter pass or passes: Provided, however, That the cost for such the commuter pass or passes shall in no event aggregate more than five dollars per year for a full calendar year of unlimited travel through the U. S. route 19 (corridor "L") turnpike interchange toll facilities.
To the extent required or necessary, the parkways authority is further hereby authorized and empowered, in addition to the extent previously authorized and empowered pursuant to section six and section thirteen-b, article sixteen-a of this chapter, to may promulgate rules in accordance with chapter twenty-nine-a of this code with regard to the implementation of proposed future toll increases at the U. S. route 19 (corridor "L") turnpike toll facility;
(3) The system of commuter passes implemented in accordance with the provisions of subdivision (2), subsection (a), above of this section, shall be available only for use when operating or traveling in a Class A motor vehicle as herein defined in this section. Whoever shall Any person who knowingly or intentionally utilize uses any commuter pass issued in accordance with this section while operating other than a Class A motor vehicle, as herein defined in this section, at the U. S. route 19 (corridor "L") turnpike toll facility, or any other toll facility at or upon which such the pass may later be usable, shall be guilty of a misdemeanor and, for every such offense shall, upon conviction thereof, be punished in accordance with the provisions of section seventeen, article sixteen-a of this chapter; and the parkways authority shall hereafter be authorized and empowered to may cancel any such commuter pass or passes improperly used in accordance with this section;
(4) In addition to the annual report required by section twenty-six of this article, the parkways authority will shall prepare and deliver to the governor, the speaker of the House of Delegates and the president of the Senate a separate annual report of toll revenues collected from the U. S. route 19 (corridor "L") turnpike toll facility. The report shall disclose separately the toll revenues generated from regular traffic and the commuter pass created herein in this section. The reports shall include, but not be limited to, disclosing separately the expenditure of said the toll revenues generated from the U. S. route 19 (corridor "L") turnpike toll facility including a description of the purposes for which such the toll revenues are expended;
(5) In the event any court of competent jurisdiction shall issue issues an order which adjudges that any portion of subdivision (1), (2) or (3), subsection (a) of this section is illegal, unconstitutional, unenforceable or in any manner invalid, the parkways authority shall discontinue, remove and not otherwise relocate the U. S. route 19 (corridor "L") turnpike toll facility within three hundred sixty-five days after the date upon which said the court order is final or all appeals to said the order have been exhausted;
(6) For the purpose of this section, a Class A vehicle shall be defined as means a motor vehicle of passenger type and truck with a gross weight of not more than eight thousand pounds and registered or eligible for registration as a Class A vehicle in accordance with section one, article ten, chapter seventeen-a of this code as the same is currently constituted; and
(7) Notwithstanding any other provisions of the code to the contrary, the parkways authority may not promulgate emergency rules in accordance with section fifteen, article three, chapter twenty-nine-a of this code to increase or decrease toll fees or the commuter pass fee established herein in this section.
(b) Nothing in this section is to be construed to apply to, regulate, or in any manner affect the operation of the three main line toll barriers and toll collection facilities currently located on the West Virginia turnpike and operated by the parkways authority as Barrier A, Barrier B and Barrier C (I-64, I-77).
(c) Notwithstanding any provision in this article to the contrary, beginning the first day of July, two thousand one, the parkways authority shall exempt state county school buses, law- enforcement vehicles and emergency services vehicles operating on the turnpike from all toll fee charges.