COMMITTEE SUBSTITUTE

FOR

H. B. 4110

(By Mr. Speaker, Mr. Kiss, and Delegates

Staton, Browning and Mahan)

(Originating in the Committee on the Judiciary)


[February 8, 2006]


A BILL to amend and reenact §17-16A-18a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-16A-13a, all relating to the West Virginia Parkways, Economic Development and Tourism Authority; requiring the Authority to provide public notice and hold public hearings in each county of the state through which the turnpike runs before it takes any action which would have the effect of increasing or extending rates or tolls; and providing for the submission and processing of commuter pass applications for the West Virginia Turnpike at all Department of Motor Vehicles offices throughout the state.

Be it enacted by the Legislature of West Virginia:
That §17-16A-18a of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §17-16A-13a, all to read as follows:
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY.

§17-16A-13a. Public notice & hearing requirements.

(a) Notwithstanding any provision of the law to the contrary, on and after July 1, 2006, unless the Parkways Authority satisfies the public notice and hearing requirements set forth in this section, it may not:
(1) Increase any rates, tolls or charges along any portion of the parkway, or approve any proposal or contract that would result in or require an increase in any rates or tolls along any portion of the parkway;
(2) Issue any bond which would require the Parkways Authority to increase rates, tolls or charges;
(3) Issue any bond which would have the effect of extending the repayment period on any obligation or bond;
(4) Approve any contract or project which would require or result in an increase in the rates, tolls or charges along any portion of the parkway; or,
(5) Take any other action which would require or result in an increase in the rates, tolls or charges along any portion of the parkway.
(b) The Parkways Authority shall publish notice of any proposed contract, project or bond which would result in or require an increase in any toll rates or charges, or the extension of any bond repayment obligation, along with the associated rate increase or revised bond repayment period, by a Class II legal advertisement in accordance with the provisions of article three, chapter fifty- nine of this code, published and of general circulation in each county which borders the parkway.
(c) Once notice has been provided in accordance with the provisions of this section, the Parkways Authority shall conduct a public hearing in each county which borders the parkway, and any citizen may communicate by writing to the Parkways Authority his or her opposition to or approval of such proposal or rate or toll increase or amended bond terms. The public notice and written public comment period shall be conducted not less than forty-five days from the publication of the notice, and the affected public must be provided with at least twenty (20) days notice of each scheduled public hearing.
(d) All studies, records, documents and other materials which were considered by the Parkways Authority before recommending the approval of any such project or recommending the adoption of any such increase shall be made available for public inspection for a period of at least twenty days prior to the scheduled hearing at a convenient location in each county where a public hearing shall be held.
(e) At the conclusion of all required public hearings, the Parkways Authority shall render a final decision which shall include written finding of fact supporting its final decision on any proposed project which would result in or require a rate increase, or prior to finally approving any proposed rate or toll increase, and such required findings and conclusions must reference and give due consideration to the public comments and additional evidence offered during the public hearings.
(f) On and after July 1, 2006, any final action taken by the Parkways Authority to approve or implement any proposed rate increase, contract or project which would require or result in a proposed increase of any rate or tolls along any portion of the parkway, or require the extension of any bond repayment obligation, without first satisfying the public notice and hearing requirements of this section, shall be null and void.
§17-16A-18a. Corridor "L" toll fees authorized; commuter pass; annual report.

(a) The Parkways Authority is hereby authorized to operate the currently existing toll collection facility located at the interchange of U.S. Route 19 (Corridor "L") and said 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 turnpike shall not exceed those toll charges levied and collected by the authority at said interchange as of the first day of January, one thousand nine hundred ninety, and hereafter, no proposed increase in such toll fees shall be implemented by the Parkways Authority unless the authority shall have 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 The Parkways Authority shall establish maintain, 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 system of commuter passes shall, at a minimum, permit the holder of such 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 commuter pass or passes: Provided, however, That the cost for such 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. Applications for these commuter passes are to be made available by the Parkway Authority to every Division of Motor Vehicles office in the state.
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 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, shall be available only for use when operating or traveling in a Class "A" motor vehicle as herein defined. Whoever shall knowingly or intentionally utilize any commuter pass issued in accordance with this section while operating other than a Class "A" motor vehicle, as herein defined, at the U.S. Route 19 (Corridor "L") turnpike toll facility, or any other toll facility at or upon which such 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 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 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. The reports shall include, but not be limited to, disclosing separately the expenditure of said toll revenues generated from the U.S. Route 19 (Corridor "L") turnpike toll facility including a description of the purposes for which such toll revenues are expended;
(5) In the event any court of competent jurisdiction shall issue 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 court order is final or all appeals to said order have been exhausted;
(6) For the purpose of this section, a Class "A" vehicle shall be defined as a motor vehicle of passenger type and truck with a gross weight of not more than 8,000 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.
(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).


NOTE: The purpose of this bill is to require that the West Virginia Parkways, Economic Development and Tourism Authority hold public hearings in each county of the state through which the turnpike runs, with adequate public notice of the hearings whenever it proposes to increase any tolls rates or charges, or when it proposes to enter into any contract, issue revenue bonds approve any project or take any other action which would require or result in a rate or toll increase or extend any bond repayment obligation. The bill further requires the Parkways Authority to provide for the processing and submission of commuter pass applications for the West Virginia Turnpike at all Division of Motor Vehicles offices throughout the state.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§17-16A-13a is new; therefore, strike-throughs and underscoring have been omitted.