Senate Bill No. 613

(By Senators Unger, Jenkins, Deem, Love, McKenzie, Oliverio and White)

____________

[Originating in the Committee on Transportation and Infrastructure; reported February 16, 2006.]

_____________



A BILL to amend and reenact §17-4-47 and §17-4-49 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6, §17-27-7 and §17-27-8, all relating to the establishment of the West Virginia Transportation Authority; empowering the West Virginia Transportation Authority to assure the resourceful expenditure of state funds for transportation projects; authorizing the West Virginia Transportation Authority to establish procedures relating to the authority and review of transportation projects; making legislative findings; stating legislative purpose; defining certain terms and phrases; requiring certain entities seeking state funds for transportation projects to submit a transportation project plan; setting forth transportation project plan requirements; setting forth conditions for approval by the West Virginia Transportation Authority and the Commissioner of Highways; authorizing county commissions to impose user fees for the construction and maintenance of roads and transportation projects; providing credit for municipally imposed fees; authorizing counties to issue revenue and general obligation bonds for transportation projects; providing notice and election requirements; coordinating the development of transportation projects with other infrastructure projects; information sharing; authorizing agreements among municipal utilities and public service districts to participate in transportation projects; authorizing setting of rates to include costs borne by municipal utilities and public service districts in coordination with transportation projects; exemption from Public Service Commission approval; requiring a bond necessary to compensate the division for improvements to highway facilities required as a result of development; regulating access from properties to and from state roads; and providing recovery of cost of highway improvements from commercial and residential developments.

Be it enacted by the Legislature of West Virginia:
That §17-4-47 and §17-4-49 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6, §17-27-7 and §17-27-8, all to read as follows:
ARTICLE 4. STATE ROAD SYSTEM.
§17-4-47. Access from commercial, etc., property and subdivisions to highways -- Purposes of regulation; right of access; provisions inapplicable to controlled-access facilities; removal of unauthorized access; bond for access.

(a) Access to and from state highways from and to real property used or to be used for commercial, industrial or mercantile purposes or from and to real property that is subdivided into lots is a matter of public concern and shall be regulated by the state road commissioner to achieve the following purposes:
(1) To provide for maximum safety of persons traveling upon, entering or leaving state highways;
(2) To provide for efficient and rapid movement of traffic upon state highways;
(3) To permit proper maintenance, repair and drainage of state highways; and
(4) To facilitate appropriate public use of state highways.
(b) Except where the right of access has been limited by or pursuant to law, every owner or occupant of real property abutting upon any existing state highway has a right of reasonable means of ingress to and egress from such state highway consistent with those policies expressed in subsection (a) of this section and any regulations issued by the commissioner under section forty-eight of this article.
(c) If the construction, relocation or reconstruction of any state highway, to be paid for, in whole or in part, with federal or state road funds, results in the abutment of real property as defined in subsection (a) of this section on such state highway that did not previously abut on it, no rights of direct access shall accrue because of such abutment, but the commissioner may authorize and limit access, if any, from such property compatible with the policies stated in said subsection and any regulations issued by the commissioner under section forty-eight of this article.
(d) The policies expressed in this section are applicable to state highways generally and shall in no way limit the authority of the state road commissioner to establish controlled-access facilities under the provisions of sections thirty-nine through forty-six, inclusive, of this article.
(e) Any unauthorized access to a state highway may be removed, blocked, barricaded or closed in any manner deemed necessary by the commissioner to protect the public and enforce the policies of this section and sections forty-eight, forty-nine and fifty of this article.
(f) As a condition of the granting of access, the state road commissioner shall require the owners of the real property developed or to be developed to provide a bond in an amount the commissioner determines to be necessary to compensate the division for improvements to highway facilities required as a result of the development. This bond shall be held a minimum of ten years.
§17-4-49. Same -- Points of commercial, etc., access to comply; plans, objections and procedures for new points; review of and changes in existing points; commissioner's preliminary determination.

(a) No new points of access to and from state highways from and to real property used or to be used for commercial, industrial or mercantile purposes shall be opened, constructed or maintained without first complying with the provisions of this section and sections forty-seven and forty-eight of this article. Access points opened, constructed or maintained without such compliance are deemed unauthorized.
(b) Plans of any such new point of access shall be submitted to the state road commissioner directly and the following rules shall apply:
(1) Notice of the proposed new point of access shall be filed with the commissioner, along with a plan of the proposed new point of access.
(2) The commissioner shall review the plan to ensure compliance with the policies stated in section forty-seven of this article and with any regulations issued by the commissioner under section forty-eight of this article.
(3) The commissioner shall reduce his objections to the proposed new point of access, if any, to writing and promptly furnish notice of such objection to the owner or owners of the real property affected and of their right to demand a hearing thereon. A plan not so objected to within six weeks from the time it is filed with the commissioner shall be deemed to have been approved by the commissioner.
(4) In any case where the commissioner so objects to the proposed new point of access, the owner or owners of the real property affected shall have reasonable opportunity for a hearing on such objections.
(c) (1) Existing points of access to and from state highways from and to real property used for commercial, industrial or mercantile purposes may be reviewed by the commissioner to determine whether such points of access comply with the policies stated in section forty-seven of this article and with any regulations issued by the commissioner under section forty-eight of this article. The commissioner may direct reasonable changes in existing points of access to and from state highways from and to property used for commercial, industrial or mercantile purposes if he determines from accident reports or traffic surveys that the public safety is seriously affected by such points of access and that such reasonable changes would substantially reduce the hazard to public safety. When such changes require construction, reconstruction or repair, such work shall be done at state expense as any other construction, reconstruction or repair.
(2) If the commissioner makes a preliminary determination that any such changes should be made, the following rules shall apply:
(A) The commissioner shall reduce his preliminary determination to writing and promptly furnish notice of such preliminary determination to the owner or owners of the real property affected and of their right to demand a hearing thereon. Such notice shall include a description of suggested changes deemed by the commissioner suitable to reduce the hazard to the public safety.
(B) In any case where the commissioner makes a preliminary determination that any such changes should be made, the owner or owners of the real property affected shall have reasonable opportunity for a hearing on such preliminary determination.
ARTICLE 27. WEST VIRGINIA COMMUNITY EMPOWERMENT TRANSPORTATION ACT.

§17-27-1. Short title.
The provisions of this article shall be known and referred to as the West Virginia Community Empowerment Transportation Act.
§17-27-2. Legislative findings.
The Legislature finds that there is a public need for timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, operation, implementation or installation of streets, highways and transportation infrastructure, within the state that are compatible with federal, state and local transportation plans. Public revenue, including federal funds, has not kept pace with the state's growing transportation system needs. Thus, public need may not be wholly satisfied by existing ways in which transportation facilities are acquired, constructed and improved. The Legislature further finds that authorizing highway authorities and political subdivisions to develop plans for review by a state transportation authority may result in the availability of such projects to the public in a more timely or less costly fashion, thereby serving the public safety, benefit and welfare. It is the further intent of this article, among other things, to encourage investment in the state by private entities and facilitate financing mechanisms, private capital and other funding sources that support the development or operation of transportation projects, to the end that financing for projects be expanded and accelerated to improve and add to the convenience of the public and such that public and private entities may have the greatest possible flexibility in contracting with each other for the providing of the public services that are the subject of this article. This article shall be liberally construed in conformity with the purposes hereof.
§17-27-3. Definitions.
The following terms, wherever used or referred to in this article, have the following meanings unless a different meaning clearly appears from the context:
(1) "Highway authority" or "highway association" means any entity created by the Legislature for the advancement and improvement of the state road and highway system, including, but not limited to, the New River Parkway Authority, Midland Trail Scenic Highway Association, Shawnee Parkway Authority, Corridor G Regional Development Authority, Coalfields Expressway Authority, Robert C. Byrd Corridor H Highway Authority, WV 2 and I-68 Authority, Little Kanawha River Parkway Authority, King Coal Highway Authority, Coal Heritage Highway Authority, Blue and Gray Intermodal Highway Authority and the West Virginia Eastern Panhandle Transportation Authority or, if an authority is abolished, any entity succeeding to the principal functions of the highway authority or to whom the powers given to the highway authority are given by law;
(2) "Transportation Authority" means the West Virginia Transportation Authority;
(3) "Transportation project" means any undertaking for the construction, maintenance and operation of bridges, roads, streets, highways or alleys for the public use together with improvements necessary to enhance public health, safety and security. The term "transportation project" does not include any project that would otherwise be under the authority of the Public Port Authority, the Aeronautics Commission or the Parkways, Economic Development and Tourism Authority.
(4) "Project costs" means the capital costs, costs of construction, expansion, renovation, repair and safety upgrading of bridges, roads, streets and alleys, the cost of land, equipment, machinery, installation of utilities and other similar expenditures necessary and convenient to the construction, operation or maintenance of a transportation project and includes financing, interest, professional service costs and all other charges or expenses necessary, appurtenant or incidental to the foregoing;
(5) "Revenue" means all revenue, income, earnings, user fees, lease payments or other service payments arising out of or in connection with supporting the development or operation of a transportation project, including, without limitation, money received as grants or otherwise from the United States of America, from any public entity or from any agency or instrumentality of the foregoing in aid of such transportation project, moneys generated by way of contract, pledge, donation, bequest or bonds and moneys generated by taxes which are authorized to be assessed and levied by the Legislature or any electorate;
(6) "Affected local jurisdiction" means any county and municipality in which all or a portion of a transportation project is located;
(7) "Private entity" means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity or other business entity;
(8) "Project sponsor" means any highway authority, political subdivision or private entity, or any combination thereof, which proposes to plan, acquire, construct, maintain, operate or otherwise develop a transportation project; and
(9) "Public service district" shall refer to those public corporations and political subdivisions of the state created pursuant to the provisions of section two, article thirteen-a, chapter sixteen of this code.
§17-27-4. West Virginia Transportation Authority; powers.
(a) The West Virginia Transportation Authority is hereby created. The Transportation Authority shall consist of nine members, including the Commissioner of the Division of Highways, and six citizens of the state, appointed by the Governor, by and with the advice and consent of the Senate, who are knowledgeable in matters relevant to the issues addressed by the Transportation Authority and who shall be broadly representative of the geographic regions of the state. In addition to the Commissioner of Highways, three of the voting members must be licensed professional engineers. One voting member must be certified in transportation planning. One voting member must be knowledgeable concerning financing and bond issuance for public transportation projects. One additional member of the House of Delegates to be appointed by the Speaker and one additional member of the Senate to be appointed by the President shall serve on the Transportation Authority in an advisory capacity as ex officio, nonvoting members.
(b) Citizen members are appointed to serve staggered terms. Of the initial appointments, two shall be appointed for terms of one year, two shall be appointed for terms of two years and two shall be appointed for terms of three years. After the initial appointments, all appointees shall serve for terms of three years. Of the members appointed by the Governor, no more than four thereof shall belong to the same political party and at least two shall be appointed from each congressional district. No two appointees shall be residents of the same highway district.
(c) The Commissioner of Highways or designee serves as chair and presiding officer of the Transportation Authority. The Transportation Authority shall annually elect one of its citizens members as vice chair and shall appoint a secretary, who need not be a member of the Transportation Authority and who shall keep records of its proceedings.
(d) The Governor may remove any appointed member for incompetency, neglect of duty, moral turpitude or malfeasance in office. If the Governor removes a member, the Governor shall fill the vacancy for the remainder of the unexpired term in the same manner as the original appointment.
(e) The Transportation Authority shall meet at least annually and may meet more frequently upon the call of Commissioner of the Division of Highways.
(f) All official actions of the Transportation Authority shall require an affirmative vote of the majority of members present and voting at any meeting. A quorum of four or more voting members, including the commissioner or his or her designee, must be present for a vote on any official action of the Transportation Authority. No official action may be taken by the Transportation Authority without the approval of the commissioner.
(g) The citizen members shall not receive any salary for the performance of their duties. Citizen members may be reimbursed from general revenues for reasonable and necessary expenses actually incurred in the performance of their official duties in a manner consistent with guidelines of the Department of Administration from funds appropriated or otherwise made available for such purpose upon submission of an itemized statement.
§17-27-5. Entities required to submit project plans generally; Transportation Authority duties and powers; transportation project plan requirements; financing options; Transportation Authority plan review; proprietary information.

(a) All project sponsors seeking state funds for a transportation project shall submit a transportation project plan to the Transportation Authority. The Transportation Authority shall review the proposed transportation project plan and the proposed financing for the project and shall encourage project sponsors to pursue alternative funding sources. Alternative funding sources may include, without limitation, utilization of tax increment financing, issuance of general obligations bonds, revenue bonds or anticipation notes, cooperation with other governmental units and utilities, dedicated user fees and public private partnerships.
(b) To implement and carry out the intent of this article, the Transportation Authority shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code. The Transportation Authority shall establish comprehensive, uniform guidelines for use by the Transportation Authority in evaluating any transportation project plan. The guidelines shall address the following: The use of alternative sources of funding which could finance all or a part of the transportation project; the transportation needs of the region; project costs; whether dedicated revenues from a project sponsor are offered for project costs; available federal funds; available state funds; the degree to which the transportation project impacts other infrastructure projects and implements cost-effective and efficient development of transportation projects with other infrastructure improvements; the cost effectiveness of the transportation project as compared with alternatives which achieve substantially the same economic development benefits; the project sponsor's ability to operate and maintain the transportation project or finance the continued operation and maintenance of the transportation project if approved; the degree to which the transportation project achieves other state or regional planning goals; the estimated date upon which the transportation project could commence if funding were available and the estimated completion date of the transportation project; and such other considerations as the Transportation Authority may consider necessary or appropriate to accomplish the purpose and intent of this article.
(c) The Transportation Authority shall create a transportation project plan application form which shall be used by all project sponsors requesting funding assistance from the state for transportation projects. The application shall require a preliminary proposal which includes the type and proposed location of the transportation project; the estimated total project costs of the transportation project; the amount of funding assistance desired and the specific uses of the funding; other sources of funding available or potentially available for the transportation project; information demonstrating the need for the transportation project and documentation that the proposed funding of the project is the most economically feasible alternative to completing the transportation project; a timeline for activities to be performed by the project sponsor and affected local jurisdictions; a statement setting forth the financing of the project costs, including the sources of the funds and identification of any dedicated revenues, proposed debt, tax increment financing plans, the issuance of bonds or notes, in-kind services, equity investment of project sponsors; a list of public utilities that can be constructed in coordination with the transportation project and a statement of the plans to accommodate such; the names and addresses of the persons who may be contacted for further information concerning the transportation project; a statement of the projected availability and use of dedicated revenues including user fees, lease payments and other service payments over time; and such other information as the Transportation Authority considers necessary to enable it to review the transportation project. The Transportation Authority may also require the submission of geographic information system mapping of the transportation project and electronic filing of the preliminary proposal. If the preliminary proposal is approved by the Transportation Authority for a further detailed review, the Transportation Authority shall advise the project sponsor of the estimated cost of a detailed review. The project sponsor must deposit with the Transportation Authority a bond, irrevocable letter of credit or other acceptable instrument guaranteeing payment by the project sponsor of the actual costs incurred by the Transportation Authority, to a maximum of the estimated costs, for a detailed review prior to the initiation of the detailed review.
(d) In evaluating any transportation project, the Transportation Authority may rely upon internal staff reports or the advice of outside advisors or consultants. The Transportation Authority may procure such services with the consent of the commissioner.
(e) The Transportation Authority shall encourage collaboration among a project sponsor, affected local jurisdictions and private entities through intergovernmental agreements and public-private partnerships including, without limitation, recommending the amounts and sources of funding which affected local jurisdictions or project sponsors may pursue, which state transportation or infrastructure agency or agencies may be consulted for appropriate investment of public funds, and alternatives to carry out the intent of this article.
(f) The Transportation Authority may recommend those transportation projects which are a prudent and resourceful expenditure of funds and which utilize alternative funding sources to the Governor. No proposal may be recommended or approved which is inconsistent with the Division of Highways' twenty-year long range plans or other transportation plans.
(g) The Transportation Authority shall prepare and publish an annual report of its activities and accomplishments and submit it to the Governor and to the Joint Committee on Government and Finance on or before the fifteenth day of December of each year. Further, the Transportation Authority shall prepare and transmit annually to the Governor and the Legislature a report outlining alternative road funding models and incentive packages. The report may also recommend legislation relating to third- party donation of funds, materials or services, federal credit instruments, secured loans, federal Transportation Infrastructure Finance and Infrastructure Act funds, state infrastructure banks (SIBS), private activity bonds or other matters respecting transportation deemed by the Transportation Authority to be in the public interest. The Transportation Authority may consider alternatives to the current system of taxing highway use through motor vehicle fuel taxes including, without limitation, pilot programs for testing technology and methods for the collection of mileage fees.
(h) The Transportation Authority shall take appropriate action to protect proprietary and trade secret information, which shall be exempt from the requirements of chapter twenty-nine-b of this code.
§17-27-6. County fees for transportation projects; general obligation and revenue bonds; election and notice requirements; credit for municipal service fees.

(a) Notwithstanding any code provisions to the contrary, the county commission of each county shall have the authority to impose by order upon users of a transportation project reasonable fees to be collected in the manner specified in the order for transportation projects. No order imposing a fee is effective until it is ratified by a majority of the legal votes cast by the qualified voters of the district at a primary or general election. The ballot question must set forth the fee, the manner in which it will be imposed and the general use to which the proceeds of the fee shall be put.
(b) Every county commission is hereby empowered, and authorized to issue, in the manner prescribed by law, revenue bonds or general obligation bonds for the purpose of raising or dedicating revenue to establish, construct, improve, extend, develop, maintain or operate a transportation project, or to refund any bonds of the counties, the proceeds of which were expended in the establishing, constructing, improving, extending, developing, maintaining or operating of such transportation project or any part thereof. Any bonds issued for any of the purposes stated in this section shall contain in the title or subtitle thereto the words "transportation project", in order to identify the same, and shall be of such form, denomination and maturity and shall bear such rate of interest as shall be fixed by order of the county commission. The county commission may provide for the issuance of bonds for other lawful purposes of the county in the same order in which provisions shall be made for the issuance of bonds under the provisions of this section. The county commission shall pay all of the costs and expenses of any election which shall be held to authorize the issuance of transportation project bonds. Whenever the county commission and the requisite majority of the legal votes cast at the election thereon shall authorize in the manner prescribed by law, the issuance of bonds for the purpose of establishing, constructing, improving, extending, developing, maintaining or operating, or any combination of the foregoing, a transportation project or for refunding any outstanding bonds, the proceeds of which were applied to any of said purposes, said bonds shall be issued and delivered to the county commission to be by it sold in the manner prescribed by law and the proceeds thereof shall be paid into the county commission and the same shall be applied and utilized by the county commission for the purposes prescribed by the order authorizing the issuance of such bonds. In any order for the issuance of bonds for such purposes, it shall be a sufficient statement of the purposes for creating the debt to specify that the same is for the purpose of establishing, constructing, improving, extending, developing, maintaining or operating, or any combination of the foregoing, a transportation project and further specifying the particular establishment, construction, improvement, extension, development, maintenance or operation contemplated; and an order for refunding bonds shall designate the issue and the number of bonds which it is proposed to refund.
(c) For the purposes of this section, a county commission is authorized to sue and be sued; make contracts and guarantees; incur liabilities; borrow or lend money for any time period deemed advisable by the county commission; sell, mortgage, lease, exchange, transfer or otherwise dispose of its property; or pledge its property as collateral or security for any time period deemed advisable by the commission. All sales, leases or other disposition of real property acquired with state road funds or federal funds, or of real property dedicated to the state road system, must be done in accordance with applicable federal and state law and may be done only with the approval of the Commissioner of Highways. Further, a county commission is authorized to create trusts of such kind as will expedite the efficient management of transportation projects and other assets owned or controlled by the county commission. The trustee, whether individual or corporate, in any such trust shall have a fiduciary relationship with the county commission and may be removed by the county commission for good cause shown or for a breach of the fiduciary relationship with the county commission. Nothing in this article may be deemed to effect a waiver of the sovereign, constitutional or governmental immunity of the state or its agencies.
(d) No revenue bonds or general obligation bonds may be issued under this section until all questions connected with the bonds are first submitted to a vote of the qualified voters of the district for which the bonds are to be issued and receive a majority of all the votes cast for and against the issuance. The ballot question must set forth: (1) The necessity for issuing the bonds; (2) purpose or purposes for which the proceeds of bonds are to be expended; (3) total indebtedness, bonded or otherwise; (4) amount of the proposed bond issue; (5) maximum term of bonds and series; (6) maximum rate of interest; (7) date of election; and (8) whether the county commission is collecting fees authorized by this section to provide funds for the payment of the interest upon the bonds and the principal at maturity and the approximate amount of fees necessary for this purpose.
(e) Notice of election on an order imposing a fee authorized by this section shall be given by publication, within fourteen consecutive days next preceding the date of the election, as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for publication shall be the district. All of the provisions of the general election laws of this state concerning primary or general elections, when not in conflict with the provisions of this section, shall apply to elections hereunder, insofar as practicable. If a majority of the legal votes cast upon the question be against the imposition of a fee or issuance of a bond provided by this section, such shall not take effect, but the question may again be submitted to a vote at any subsequent election in the manner herein provided.
(f) All money collected or appropriated by the foregoing county commissions under this section for a transportation project shall be deposited in a special account and shall be disbursed for the purpose of dedicating revenues to a transportation project.
(g) The powers conferred by this article are in addition and supplemental to any other powers conferred upon county commissions by the Legislature relating to streets, road maintenance or to construct and maintain transportation facilities.
(h) In the event rates, fees and charges imposed by a governing body of any municipality pursuant to section thirteen, article thirteen, chapter eight of this code are applied to street, bridge or road maintenance, construction, cleaning or street lighting, persons subject to both a county fee authorized by this section and the municipal fee shall be entitled to a full credit equivalent to the municipal fee against the county fee authorized by this section.
§17-27-7. Approval of Commissioner of Highways necessary; authority over transportation projects accepted into the state road system; use of state road funds.

Notwithstanding anything in this article to the contrary, no transportation project may be recommended or approved by the Transportation Authority without the approval of the Commissioner of Highways, nor may state road funds be used, singly or together with funds from any other source, for any purpose or in any manner contrary to or prohibited by the constitution and laws of this state or the federal government or where such use, in the sole discretion of the Commissioner, would jeopardize receipt of federal funds.
No transportation project may become part of the state road system without the approval of the Commissioner. All transportation projects that are accepted as part of the state road system, and all real property interests and appurtenances, are under the exclusive jurisdiction and control of the Commissioner, who may exercise the same rights and authority as he or she has over other transportation facilities in the state road system. As a condition of acceptance of a transportation project into the state road system, the Commissioner may require that the project sponsor provide a dedicated revenue source for the continued operation and maintenance of the transportation project.
No state road funds may be used to finance a transportation project without the approval of the commissioner.
§17-27-8. Coordination and development of transportation projects with other infrastructure; information sharing; agreements among municipal utilities and public service districts to participate in transportation projects; rates to include costs borne by municipal utilities and public service districts in coordination with transportation projects; exemption for Public Service Commission approval.

(a) The Transportation Authority shall encourage the joint and concurrent development and construction of transportation projects with other infrastructure including, without limitation, water and sewer infrastructure.
(b) To coordinate and integrate the planning of transportation projects among local jurisdictions, all governing bodies, units of government, municipal utilities and public service districts within the affected local jurisdiction shall cooperate, participate, share information and give input when a project sponsor prepares a transportation project plan.
(c) Pursuant to this section, municipal utilities and public service districts are granted the authority to enter into agreements with any project sponsor for the purpose of constructing new infrastructure facilities or substantially improving or expanding infrastructure facilities in conjunction with a transportation project and dedicating revenue or contributing moneys to transportation project costs. Each such agreement shall contain at a minimum engineering and construction standards, terms regarding the revenue sources and allocation of project costs and confirmation that the agreement does not violate any existing bond covenants. No agreement may modify the terms or provisions of a transportation plan approved by the Transportation Authority without the approval of the authority. No infrastructure facilities shall be located or relocated within a right-of-way in, or to be included within, the state road system except in accordance with transportation project plans approved by the commissioner.
(d) The rates charged by a municipal utility or public service district to customers in an affected local jurisdiction may include the additional cost borne by the municipal utility or public service district as a result of entering into an agreement with a project sponsor to contribute monies or dedicate revenue to transportation project costs.
(e) Nothing contained in this article shall be construed to affect the authority of the Department of Environmental Protection nor the authority of the Division of Health pursuant to the provisions of this code.
(f) Nothing herein shall be construed to give the Public Service Commission authority to regulate or intervene in the approval and construction of any transportation project or any agreement between a project sponsor and a municipal utility or public service district under the provisions of this article.
_________



(NOTE: The purpose of this bill is to create the West Virginia Transportation Authority to assure the resourceful expenditure of state funds for transportation projects. Toward these ends, the bill authorizes the West Virginia Transportation Authority to establish procedures requiring certain entities seeking state funds for transportation projects to submit a transportation project plan; sets forth transportation project plan requirements; sets forth conditions for approval by the West Virginia Transportation Authority and the Commissioner of Highways; authorizes county commissions to impose user fees for the construction and maintenance roads if ratified by vote; provides credit for municipal imposed fees; authorizes counties to issue revenue and general obligation bonds for transportation projects; provides notice and election requirements; encourages the coordination and development of transportation projects with other infrastructure projects; authorizes agreements among municipal utilities and public service districts to participate in transportation projects; provides for the setting of rates to include costs borne by municipal utilities and public service districts in coordination with transportation projects; provides exemptions for Public Service Commission approval; and provides for the recovery of costs associated with highway improvements for commercial and residential developments.

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

§17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6, §17-27-7 and §17-27-8 are new; therefore, strike-throughs and underscoring have been omitted.

____________


FINANCE COMMITTEE AMENDMENTS


On page fifteen, section four, line four, by striking out the word "annually" and inserting in lieu thereof the word "quarterly";
On page twenty-two, section six, line ten, by striking out the word "district" and inserting in lieu thereof the word "county";
On page twenty-five, section six, line eighteen, by striking out the word "district" and inserting in lieu thereof the word "county";
And,
On page twenty-six, section six, line thirteen, by striking out the word "district" and inserting in lieu thereof the word "county".