ENROLLED
Senate Bill No. 557
(By Senators Helmick, Sharpe, Chafin, Prezioso, Plymale,
Edgell, Love,
Bailey, Bowman, McCabe, Unger, Minear, Boley, Facemyer, Yoder, Guills and
Sprouse)
____________
[Passed March 11, 2006; in effect from passage.]
____________
AN ACT to amend and reenact §17-16A-1, §17-16A-6, §17-16A-10, §17-
16A-11, §17-16A-18, §17-16A-18a, §17-16A-20, §17-16A-21, §17-
16a-22 and §17-16A-29 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;
eliminating the authority of the authority to issue certain
additional revenue bonds after the effective date of the
amendments to the section; placing certain limitations on the
authority of the authority to issue revenue refunding bonds;
limiting the purposes for which the authority may issue
revenue refunding bonds; limiting the authority of the
authority to acquire, hold or lease real property; limiting
the ability of placement of new tolls; requiring public notice
and hearings in certain circumstances; requiring certain procedures prior to any increase in rates, tolls or charges,
approve certain contracts or proposals, issue refunding bonds
or take any action that would result in or require an increase
in rates, tolls or charges; requiring applications for
commuter passes at every Division of Motor Vehicles office in
the state; eliminating the authority to pledge state road
funds in certain circumstances; and providing for a discount
program.
Be it enacted by the Legislature of West Virginia:

That §17-16A-1, §17-16A-6, §17-16A-10, §17-16A-11, §17-16A-18,
§17-16A-18a, §17-16A-20, §17-16A-21, §17-16A-22 and §17-16A-29 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-1. Constructing, operating, financing, etc., parkway,



economic development and tourism projects.





In order to remove the present handicaps and hazards on the
congested highways and roads in the state of West Virginia, to
facilitate vehicular traffic throughout the state, to promote and
enhance the tourism industry and to develop and improve tourist
facilities and attractions in the state, to promote the
agricultural, economic and industrial development of the state and to provide for the construction of modern express highways,
including center divisions, ample shoulder widths, longsight
distances, the bypassing of cities, multiple lanes in each
direction and grade separations at all intersections with other
highways and railroads, to provide for the development,
construction, improvement and enhancement of state parks, tourist
facilities and attractions and to provide for the improvement and
enhancement of state parks presently existing, the West Virginia
Parkways, Economic Development and Tourism Authority (hereinafter
created) is hereby authorized and empowered to construct,
reconstruct, improve, maintain, repair and operate parkway
projects, economic development projects and tourism projects (as
those terms are hereinafter defined in section five of this
article) at such locations as shall be approved by the state
Department of Transportation.
§17-16A-6. Parkways authority's powers.








(a) The parkways authority is hereby authorized and empowered:







(1) To adopt bylaws for the regulation of its affairs and the
conduct of its business;







(2) To adopt an official seal and alter the same at pleasure;







(3) To maintain an office at such place or places within the
state as it may designate;







(4) To sue and be sued in its own name, plead and be
impleaded. Any and all actions against the parkways authority shall be brought only in the county in which the principal office
of the parkways authority shall be located;







(5) To construct, reconstruct, improve, maintain, repair and
operate projects at such locations within the state as may be
determined by the parkways authority: Provided,
That the parkways
authority shall be prohibited from constructing motels or any other
type of lodging facility within five miles of the West Virginia
Turnpike;







(6) To issue parkway revenue bonds of the State of West
Virginia, payable solely from revenues, for the purpose of paying
all or any part of the cost of any one or more projects, which
costs may include, with respect to the West Virginia Turnpike, such
funds as are necessary to repay to the State of West Virginia all
or any part of the state funds used to upgrade the West Virginia
Turnpike to federal interstate standards: Provided, That upon the
effective date of the amendments to this section enacted during the
regular session of the Legislature in two thousand six, the
authorization to issue bonds pursuant to this subsection is limited
to that of refunding bonds pursuant to subdivision seven of this
subsection;







(7) To issue parkway revenue refunding bonds of the state of
West Virginia, payable solely from revenues, for any one or more of
the following purposes: (i) Refunding any bonds which shall have
been issued under the provisions of this article or any predecessor thereof; and (ii) repaying to the state all or any part of the
state funds used to upgrade the West Virginia Turnpike to federal
interstate standards;







(8) To fix and revise, from time to time, tolls for transit
over each parkway project constructed by it or by the West Virginia
Turnpike Commission;







(9) To fix and revise, from time to time, rents, fees or other
charges, of whatever kind or character, for the use of each tourism
project or economic development project constructed by it or for
the use of any building, structure or facility constructed by it in
connection with a parkway project;







(10) To acquire, hold, lease and dispose of real and personal
property in the exercise of its powers and the performance of its
duties under this article: Provided, That the authority may not
finance any transaction to acquire, hold or lease real property;







(11) To acquire in the name of the state by purchase or
otherwise, on such terms and conditions and in such manner as it
may deem proper, or by the exercise of the right of condemnation in
the manner hereinafter provided, such public or private lands,
including public parks, playgrounds or reservations, or parts
thereof or rights therein, rights-of-way, property, rights,
easements and interests, as it may deem necessary for carrying out
the provisions of this article: Provided, That the authority may
not finance any transaction to acquire real property
. No compensation shall be paid for public lands, playgrounds, parks,
parkways or reservations so taken, and all public property damaged
in carrying out the powers granted by this article shall be
restored or repaired and placed in its original condition as nearly
as practicable
;







(12) To designate the locations, and establish, limit and
control such points of ingress to and egress from each project as
may be necessary or desirable in the judgment of the parkways
authority to ensure the proper operation and maintenance of such
project, and to prohibit entrance to such project from any point or
points not so designated;







(13) To make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under this article, and to employ
consulting engineers, attorneys, accountants, architects,
construction and financial experts, trustees, superintendents,
managers and such other employees and agents as may be necessary in
its judgment, and to fix their compensation. All such expenses
shall be payable solely from the proceeds of parkway revenue bonds
or parkway revenue refunding bonds issued under the provisions of
this article, tolls or from revenues;







(14) To make and enter into all contracts, agreements or other
arrangements with any agency, department, division, board, bureau,
commission, authority or other governmental unit of the state to operate, maintain or repair any project;







(15) To receive and accept from any federal agency grants for
or in aid of the construction of any project, and to receive and
accept aid or contributions from any source of either money,
property, labor or other things of value, to be held, used and
applied only for the purposes for which such grants and
contributions may be made;







(16) To do all acts and things necessary or convenient to
carry out the powers expressly granted in this article; and







(17) To file the necessary petition or petitions pursuant to
Title 11, United States Code, Sec. 401 (being section 81 of the
act of Congress entitled "An act to establish a uniform system of
bankruptcy throughout the United States", approved July 1, 1898, as
amended) and to prosecute to completion all proceedings permitted
by Title 11, United States Code, Secs. 401-403 (being sections 81
to 83, inclusive, of said act of Congress). The State of West
Virginia hereby consents to the application of said Title 11,
United States Code, Secs. 401-403, to the parkways authority.







(b) Nothing in this article shall be construed to prohibit the
issuance of parkway revenue refunding bonds in a common plan of
financing with the issuance of parkway revenue bonds: Provided,
That upon the effective date of the amendments to this section
enacted during the regular session of the Legislature in two
thousand six, the authorization to issue bonds pursuant to this subsection is limited to that of refunding bonds pursuant to
sections twenty-one and twenty-two of this article
.
§
17-16A-10. Parkway revenue bonds generally.








(a) The parkways authority is authorized to provide by
resolution for the issuance of parkway revenue bonds of the state
for the purpose of paying all or any part of the cost of one or
more projects: Provided, That this section shall not be construed
as authorizing the issuance of parkway revenue bonds for the
purpose of paying the cost of the West Virginia Turnpike, which
parkway revenue bonds may be issued only as authorized under
section eleven of this article. The principal of and the interest
on bonds shall be payable solely from the funds provided for
payment.








(b) The bonds of each issue shall be dated, shall bear
interest at a rate as may be determined by the parkways authority
in its sole discretion, shall mature at a time not exceeding forty
years from their date or of issue as may be determined by the
parkways authority, and may be made redeemable before maturity, at
the option of the parkways authority at a price and under the terms
and conditions as may be fixed by the parkways authority prior to
the issuance of the bonds.








(c) The parkways authority shall determine the form of the
bonds, including any interest coupons to be attached thereto, and
shall fix the denomination of the bonds and the place of payment of principal and interest, which may be at any bank or trust company
within or without the state.








(d) The bonds shall be executed by manual or facsimile
signature by the chair of the parkways authority, and the official
seal of the parkways authority shall be affixed to or printed on
each bond, and attested, manually or by facsimile signature, by the
secretary and treasurer of the parkways authority. Any coupons
attached to any bond shall bear the manual or facsimile signature
of the chair of the parkways authority.








(e) In case any officer whose signature or a facsimile of
whose signature appears on any bonds or coupons shall cease to be
an officer before the delivery of the bonds, the signature or
facsimile shall nevertheless be valid and sufficient for all
purposes the same as if he had remained in office until delivery.
In case the seal of the parkways authority has been changed after
a facsimile has been imprinted on the bonds, then the facsimile
seal will continue to be sufficient for all purposes.








(f) All bonds issued under the provisions of this article
shall have all the qualities and incidents of negotiable
instruments under the negotiable instruments law of the state. The
bonds may be issued in coupon or in registered form, or both, as
the parkways authority may determine, and provision may be made for
the registration of any coupon bonds as to principal alone and also
as to both principal and interest, and for the recorders into coupon bonds of any bonds registered as to both principal and
interest.








(g) The parkways authority may sell the bonds at a public or
private sale at a price it determines to be in the best interests
of the state.








(h) The proceeds of the bonds of each issue shall be used
solely for the payment of the cost of the parkway project or
projects for which the bonds were issued, and shall be disbursed in
a manner consistent with the resolution authorizing the issuance of
the bonds or in the trust agreement securing the bonds.








(i) If the proceeds of the bonds of any issue, by error of
estimates or otherwise, shall be less than the cost, then
additional bonds may in like manner be issued to provide the amount
of the deficit. Unless otherwise provided in the resolution
authorizing the issuance of the bonds or in the trust agreement
securing the bonds, the additional bonds shall be deemed to be of
the same issue and shall be entitled to payment from the same fund
without preference or priority of the bonds first issued.








(j) If the proceeds of the bonds of any issue exceed the cost
of the project or projects for which the bonds were issued, then
the surplus shall be deposited to the credit of the sinking fund
for the bonds.








(k) Prior to the preparation of definitive bonds, the parkways
authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for
definitive bonds when the bonds have been executed and are
available for delivery. The parkways authority may also provide
for the replacement of any bonds that become mutilated or are
destroyed or lost.








(l) Bonds may be issued under the provisions of this article
without obtaining the consent of any department, division,
commission, board, bureau or agency of the state in accordance with
this article.








(m) Notwithstanding any other provision of this code to the
contrary, the authority may not issue parkway revenue bonds after
the effective date of the amendments to this section enacted in the
regular session of the Legislature in two thousand six: Provided,
That the authority may issue revenue refunding bonds pursuant to
sections twenty-one and twenty-two of this article for parkway
revenue bonds previously issued prior to the effective date of the
amendments to this section enacted in the regular session of the
Legislature in two thousand six.
§17-16A-11. Parkway revenue bonds--West Virginia Turnpike; related
projects.








(a) The parkways authority is authorized to provide by
resolution, at one time or from time to time, for the issuance of
parkway revenue bonds of the state in an aggregate outstanding
principal amount not to exceed, from time to time, two hundred million dollars for the purpose of paying: (i) All or any part of
the cost of the West Virginia Turnpike, which may include, but not
be limited to, an amount equal to the state funds used to upgrade
the West Virginia Turnpike to federal interstate standards; (ii)
all or any part of the cost of any one or more parkway projects
that involve improvements to or enhancements of the West Virginia
Turnpike, including, without limitation, lane-widening on the West
Virginia Turnpike and that are or have been recommended by the
parkways authority's traffic engineers or consulting engineers or
by both of them prior to the issuance of parkway revenue bonds for
the project or projects; and (iii) to the extent permitted by
federal law, all or any part of the cost of any related parkway
project. For purposes of this section only, a "related parkway
project" means any information center, visitors' center or rest
stop, or any combination thereof, and any expressway, turnpike,
trunkline, feeder road, state local service road or park and forest
road which connects to or intersects with the West Virginia
Turnpike and is located within seventy-five miles of the turnpike
as it exists on the first day of June, one thousand nine hundred
eighty-nine, or any subsequent expressway, trunkline, feeder road,
state local service road or park and forest road constructed
pursuant to this article: Provided, That nothing in this section
shall be construed as prohibiting the parkways authority from
issuing parkway revenue bonds pursuant to section ten of this article for the purpose of paying all or any part of the cost of
any related parkway project: Provided, however, That none of the
proceeds of the issuance of parkway revenue bonds under this
section shall be used to pay all or any part of the cost of any
economic development project, except as provided in section
twenty-three of this article: Provided further, That nothing in
this section shall be construed as prohibiting the parkways
authority from issuing additional parkway revenue bonds to the
extent permitted by applicable federal law for the purpose of
constructing, maintaining and operating any highway constructed, in
whole or in part, with money obtained from the Appalachian Regional
Commission as long as the highway connects to the West Virginia
Turnpike as it existed as of the first day of June, one thousand
nine hundred eighty-nine: And provided further, That, for purposes
of this section, in determining the amount of bonds outstanding,
from time to time, within the meaning of this section: Original par
amount or original stated principal amount at the time of issuance
of bonds shall be used to determine the principal amount of bonds
outstanding, except that the amount of parkway revenue bonds
outstanding under this section may not include any bonds that have
been retired through payment, defeased through the deposit of funds
irrevocably set aside for payment or otherwise refunded so that
they are no longer secured by toll revenues of the West Virginia
Turnpike: And provided further, That the authorization to issue bonds under this section is in addition to the authorization and
power to issue bonds under any other section of this code: And
provided further, That, without limitation of the authorized
purposes for which parkway revenue bonds are otherwise permitted to
be issued under this section, and without increasing the maximum
principal par amount of parkway revenue bonds permitted to be
outstanding, from time to time, under this section, the authority
is specifically authorized by this section to issue, at one time or
from time to time, by resolution or resolutions under this section,
parkway revenue bonds under this section for the purpose of paying
all or any part of the cost of one or more parkway projects that:
(i) Consist of enhancements or improvements to the West Virginia
Turnpike, including, without limitation, projects involving lane
widening, resurfacing, surface replacement, bridge replacement,
bridge improvements and enhancements, other bridge work, drainage
system improvements and enhancements, drainage system replacements,
safety improvements and enhancements, and traffic flow improvements
and enhancements; and (ii) have been recommended by the authority's
consulting engineers or traffic engineers, or both, prior to the
issuance of the bonds. Except as otherwise specifically provided
in this section, the issuance of parkway revenue bonds pursuant to
this section, the maturities and other details of the bonds, the
rights of the holders of the bonds, and the rights, duties and
obligations of the parkways authority in respect of the bonds shall be governed by the provisions of this article insofar as the
provisions are applicable.








(b) Notwithstanding any other provision of this code to the
contrary, the authority may not issue parkway revenue bonds after
the effective date of the amendments to this section enacted in the
regular session of the Legislature in two thousand six: Provided,
That the authority may issue revenue refunding bonds pursuant to
sections twenty-one and twenty-two of this article for parkway
revenue bonds previously issued prior to the effective date of the
amendments to this section enacted during the regular session of
the Legislature in two thousand six.
§17-16A-13a. Public notice and hearing requirements.



(a) Notwithstanding any provision of the law to the contrary,
on and after the first day of July, two thousand six, 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 refunding bond
pursuant to sections twenty-one
and twenty-two of this article
which would require the parkways
authority to increase rates, tolls or charges;



(3) 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,



(4) 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 findings 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 the first day of July, two thousand six, 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 without first satisfying the
public notice and hearing requirements of this section, shall be
null and void.
§17-16A-18. Cessation of tolls.
(a) Except as provided herein, when all bonds issued under the
provisions of this article in connection with any parkway project or projects and the interest thereon shall have been paid or a
sufficient amount for the payment of all such bonds and the
interest thereon to the maturity thereof shall have been set aside
in trust for the benefit of the bondholders, such project or
projects, if then in good condition and repair to the satisfaction
of the Commissioner of the state Division of Highways, shall be
transferred to the state Division of Highways and shall thereafter
be maintained by the state Division of Highways free of tolls.
(b) No later than the first day of February, one thousand nine
hundred ninety, the parkways authority shall discontinue, remove
and not relocate all toll collection facilities on the West
Virginia Turnpike as the same existed on June first, one thousand
nine hundred eighty-nine, except for the three main toll barriers
and collection facilities and, provided solely that the provisions
of section eighteen-a are complied with, the toll collection
facilities at the intersection of U. S. Route 19 (Corridor "L") and
said turnpike.
§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 pursuant to the
applicable provisions of chapter twenty-nine-a of this code;
(2) The parkways authority shall 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 this 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).
§17-16A-20. Parkway projects part of state road system.





It is hereby declared that any expressway, turnpike, feeder
road, state local service road or park and forest road or other
road, or any subsequent expressway, turnpike feeder road, state
local service road, park and forest road or other road constructed
pursuant to this article shall be a part of the state road system,
although subject to the provisions of this article and of any bonds
or trust agreements entered into pursuant thereto, and that the
construction of such parkway projects shall be considered as
developments of the state road system.
§17-16A-21. Parkway revenue refunding bonds--generally.
The parkways authority is hereby authorized to provide by resolution for the issuance of parkway revenue refunding bonds of
the state for the purpose of refunding any bonds then outstanding
which shall have been issued under the provisions of this article,
including the payment of any redemption premium thereon and any
interest accrued or to accrue to the date of redemption of such
bonds; and, if deemed advisable by the parkways authority, for the
additional purpose of constructing improvements, extensions or
enlargements of the project or projects in connection with which
the bonds to be refunded shall have been issued: Provided, That
this section shall not be construed as authorizing the issuance of
parkway revenue refunding bonds for the purpose of refunding any
bonds then outstanding which shall have been issued under the
provisions of this article, or any predecessor thereof, in
connection with the construction of the West Virginia Turnpike,
which revenue refunding bonds may be issued only as authorized
under section twenty-two of this article. The issuance of such
bonds, the maturities and other details thereof, the rights of the
holders thereof and the rights, duties and obligations of the
parkways authority in respect of the same shall be governed by the
provisions of this article insofar as the same may be applicable.
After the effective date of the amendments to this article enacted
by the Legislature during the regular session in two thousand six,
no issuance of a refunding bond may extend the maturity date of
such bond being refunded and may not exceed the outstanding principal of such bond being refunded. Any refunding bond issued
after the effective date of the amendments to this article enacted
by the Legislature during the regular session in two thousand six
shall be structured to provide for approximately level annual debt
service savings each fiscal year through the final maturity or
structured to approximate the level of debt service that would have
been paid prior to the refunding, with a preponderance of the
savings being deferred toward eliminating or reducing the most
distant maturities. For purposes of this section, the outstanding
principal is to be determined as of the date on which the revenue
bond is refinanced.
§17-16A-22. Parkway revenue refunding bonds--West Virginia



Turnpike.
The parkways authority is hereby authorized to provide by
resolution for the issuance of parkway revenue refunding bonds of
the state in an aggregate principal amount not to exceed sixty
million dollars for the purpose of refunding any bonds which shall
have been issued under this article, or any predecessor thereof, in
connection with the construction of the West Virginia Turnpike,
including the payment of any redemption premium thereon and any
interest accrued or to accrue to the date of redemption of such
bonds, and, to the extent permissible under federal law and if
deemed advisable by the parkways authority, for repaying to the
state all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards: Provided,
That
any proceeds derived from the issuance of such bonds which are used
on any parkway project other than the West Virginia Turnpike must
be used solely on parkway projects: (i) Which are either connected
to or intersect with the West Virginia Turnpike and are within
seventy-five air miles of said turnpike as it exists on the first
day of June, one thousand nine hundred eighty-nine, or any
subsequent expressway, trunkline, turnpike, feeder road, state
local service road or park and forest road constructed pursuant to
this article; and (ii) which involve the upgrading or addition of
interchanges, the construction of expressways or feeder roads, or
the upgrading or construction of information centers, visitors'
centers, rest stops or any combination thereof: Provided, however,
That none of the proceeds of the issuance of parkway revenue
refunding bonds issued under this section shall be used to pay all
or any part of the cost of any economic development project.
Except as otherwise specifically provided in this section, the
issuance of parkway revenue refunding bonds pursuant to this
section, the maturities and other details thereof, the rights of
the holders thereof, and the rights, duties and obligations of the
parkways authority in respect of the same, shall be governed by the
provisions of this article insofar as the same may be applicable.
After the effective date of the amendments to this article
enacted by the Legislature during the regular session in two thousand six, no issuance of a refunding bond may extend the
maturity date of such bond being refunded and may not exceed the
outstanding principal of such bond being refunded. Any refunding
bond issued after the effective date of the amendments to this
article enacted by the Legislature during the regular session in
two thousand six shall be structured to provide for approximately
level annual debt service savings each fiscal year through the
final maturity or structured to approximate the level of debt
service that would have been paid prior to the refunding, with a
preponderance of the savings being deferred toward eliminating or
reducing the most distant maturities
. For purposes of this
section, the outstanding principal is to be determined as of the
date on which the revenue bond is refinanced.
§17-16A-29. Discount program for purchasers of West Virginia EZ
Pass transponders.







(a) The parkways authority is hereby authorized to create a
discount program for purchasers of West Virginia EZ Pass
transponders: Provided, That prior to any increase in any rates,
tolls or charges along any portion of the parkway, the parkways
authority shall create a discount program for purchasers of West
Virginia EZ Pass transponders. Any discount program created
pursuant to this section shall provide discounts for each class of
motor vehicles.








(b) The authority must provide public notice and hold public hearings on any proposed discount program as required in section
thirteen-a of this article prior to implementation of such program.








(c) For purposes of this section, a "West Virginia EZ Pass
transponder" means a device sold by the parkways authority which
allows the purchaser to attach the device to his or her motor
vehicle and travel through a Parkways toll facility and be billed
for such travel by the authority.