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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 427
(By Senators Tomblin (Mr. President) and Caruth,
By Request of the Executive)
____________
[Passed March 13, 2010; to take effect July 1, 2010.]
____________
AN ACT to amend and reenact §17-16A-3, §17-16A-5, §17-16A-6,
§17-16A-10, §17-16A-11, §17-16A-13a, §17-16A-19, §17-16A-26
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-30, all relating to the West Virginia
Parkways, Economic Development and Tourism Authority; renaming
the West Virginia Parkways, Economic Development and Tourism
Authority; reorganizing the membership of the authority;
redefining terms; authorizing issuance of revenue bonds for
parkway projects; prohibiting the authority from constructing
new tourism projects or new economic development projects;
clarifying and adding certain powers of the authority relating to parkway projects, tourism projects and economic development
projects; clarifying certain powers of the Department of
Transportation with respect to parkway projects; clarifying
the power of the authority to reimburse the Department of
Transportation for costs associated with parkway projects;
clarifying certain powers of the authority with respect to
real and personal property; clarifying the powers of the
authority to fix and revise tolls for transit over certain
parkway projects; requiring notice and public hearings prior
to fixing initial rates or tolls on parkway projects;
requiring an annual legislative audit of the Parkways
Authority; requiring the Parkways Authority to provide certain
information; requiring a discount program for purchasers of EZ
Pass transponders prior to fixing initial rates or tolls on
parkway projects; requiring the Parkways Authority to hold
informational sessions concerning the discount program for
purchasers of EZ Pass transponders; requiring EZ Pass
transponders to be available without the payment of a security
deposit; requiring refunds of paid security deposits through
credits on statements; requiring county commission where a
parkway project is located approve a parkways project by
resolution; requiring Governor to establish a local committee;
and providing duties of the local committee.
Be it enacted by the Legislature of West Virginia:
That §17-16A-3, §17-16A-5, §17-16A-6, §17-16A-10, §17-16A-11,
§17-16A-13a, §17-16A-19, §17-16A-26 and §17-16A-29 of the Code of
West Virginia, 1931, as amended, be amended and reenacted; that said
code be amended by adding thereto a new section, designated §17-16A-
30, all to read as follows:
ARTICLE 16A. WEST VIRGINIA PARKWAYS AUTHORITY.
§17-16A-3. West Virginia Parkways Authority.
(a) The West Virginia Parkways, Economic Development and
Tourism Authority is continued as an agency of the state, and
commencing July 1, 2010, it shall be known as the West Virginia
Parkways Authority. Any reference to the West Virginia Parkways,
Economic Development and Tourism Authority within this code shall
mean the West Virginia Parkways Authority.
(b) To be effective on July 1, 2010, the Governor shall
appoint, by and with the advice and consent of the Senate:
(1) A public member representing the first congressional
district for a term of five years; and
(2) A public member representing the first congressional
district for a term of four years.
(c) The public member representing the third congressional
district whose term expires in 2010 may be reappointed for a term
of five years. The public member representing the second
congressional district whose term expires in 2011 may be reappointed
for a term of five years.
(d) To be effective on July 1, 2014, the Governor shall
appoint, by and with the advice and consent of the Senate, a public
member representing the second congressional district for a term of
five years to replace the public member representing the third
congressional district whose term expires in 2014.
(e) To be effective on July 1, 2015, the Governor shall
appoint, by and with the advice and consent of the Senate, an at-
large public member for a term of five years to replace one of the
public members representing the third congressional district whose
terms expire in 2015.
(f) Commencing July 1, 2015, the Authority shall consist of the
following nine members:
(1) The Governor or a designee;
(2) The Secretary of the Department of Transportation or a
designee;
(3) Two public members representing the first congressional
district;
(4) Two public members representing the second congressional
district;
(5) Two public members representing the third congressional
district; and
(6) One at-large public member.
(g) After the initial appointment term, the term for the public
members shall be five years. All public members' appointments shall be made by the Governor, by and with the advice and consent of the
Senate.
(h) A public member may not serve more than two consecutive
full five year terms. A public member may continue to serve until
a successor has been appointed and has qualified.
(i) Each public member shall be a resident of this state during
the appointment term and shall have been a qualified elector for a
period of at least one year next preceding the appointment.
(j) A vacancy on the Authority shall be filled by appointment
by the Governor for the unexpired term of the public member whose
office is vacant and the appointment shall be made within sixty days
of the vacancy.
(k) The Governor may remove any public member from the
Authority for neglect of duty, incompetency or official misconduct.
(l) A public member immediately and automatically forfeits
membership to the Authority if he or she is convicted of a felony
under the laws of any jurisdiction, or becomes a nonresident of this
state.
(m) The Governor or designee shall serve as chair of the
Authority. The Authority shall annually elect one of the public
members as vice chair, and shall also elect a secretary and
treasurer who need not be members of the Authority.
(n) The Governor shall appoint an Executive Director of the
Authority, by and with the advice and consent of the Senate. The Executive Director serves at the will and pleasure of the Governor.
The Executive Director is responsible for managing and administering
the daily functions of the Authority and performing all other
functions necessary to the effective operation of the Authority.
The compensation of the Executive Director is annually set by the
Governor.
(o) The public members of the Authority are not entitled to
compensation for their services, but shall be reimbursed for all
reasonable and necessary expenses actually incurred in the
performance of their duties in a manner consistent with guidelines
of the Travel Management Office of the Department of Administration.
(p) Five members of the Authority constitutes a quorum and the
vote of a majority of members present shall be necessary for any
action taken by the Authority. No vacancy in the membership of the
Authority shall impair the right of a quorum to exercise all the
rights and perform all the duties of the Authority.
(q) The Authority shall meet at least monthly. The chair or
any five members of the Authority may call a special meeting:
Provided, That notice shall be given to all members of the Authority
not less than ten days prior to any special meeting.
(r) Prior to commencing his or her duties as a member of the
Authority, each public member shall take and subscribe to the oath
required by section five, article IV of the Constitution of this
state.
(s) Before the issuance of any revenue bonds or revenue
refunding bonds under the provisions of this article, each public
member of the Authority shall execute a surety bond in the penal sum
of twenty-five thousand dollars. The secretary and treasurer of the
Authority shall execute a surety bond in the penal sum of fifty
thousand dollars. Each surety bond shall be conditioned upon the
faithful performance of the duties of his or her office, shall be
executed by a surety company authorized to transact business in West
Virginia as a surety, shall be approved by the Governor and filed
in the Office of the Secretary of State.
(t) All expenses incurred in carrying out the provisions of
this article shall be paid solely from funds provided under this
article and no liability or obligation shall be incurred by the
Authority beyond the extent to which moneys shall have been provided
under this article.
§17-16A-5. Definitions.
As used in this article, the following words and terms shall
have the following meanings, unless the context shall indicate
another or different meaning or intent:
(a) "Cost" means the cost of construction, reconstruction,
maintenance, improvement, repair and operation of the project, the
cost of the acquisition of all land, rights-of-way, property,
rights, easements and interests acquired by the Parkways Authority
for such construction, reconstruction, maintenance, improvement and repair, the cost of all machinery, equipment, material and labor
which are deemed essential thereto, the cost of improvements, the
cost of financing charges, interest prior to and during construction
and for one year after completion of construction, the cost of
traffic estimates and of engineering, consultant, accounting,
architects', trustees' and legal fees and expenses, plans,
specifications, surveys, estimates of cost and of revenues, other
costs and expenses necessary or incident to determining the
feasibility or practicability of constructing any such project,
administrative expenses and such other costs and expenses as may be
necessary or incident to the construction of the project, the
financing of such construction and the placing of the project in
operation or to the operation of the project. Any obligation or
expense hereafter incurred by the Department of Transportation with
the approval of the Parkways Authority, regardless of whether the
approval was authorized before or after the obligation or expense
was incurred, for traffic surveys, borings, preparation of plans and
specifications, and other engineering and consulting services in
connection with the construction of a parkway project shall be
regarded as a part of the cost of such project and may be reimbursed
to the state out of the proceeds of parkway revenue bonds or revenue
refunding bonds hereinafter authorized.
(b) "Department of Transportation" means the West Virginia
Department of Transportation and each of its respective divisions and subordinate agencies, including, without limitation, the
Division of Highways.
(c) "Economic development project" means any land or water
site, structure, facility or equipment which the Parkways Authority
may acquire, create, develop, construct, reconstruct, improve or
repair under the provisions of this article to promote the
agricultural, economic or industrial development of the state,
together with all property rights, easements and interests which may
be acquired by the Parkways Authority for the development,
construction or operation of such project.
(d) "Expressway" means any road serving major intrastate and
interstate travel, including federal interstate routes.
(e) "Feeder roads" means any road serving community to
community travel or collects and feeds traffic to an expressway or
turnpike.
(f) "Local service road" means any local arterialized and spur
roads which provide land access and socioeconomic benefits to
abutting properties.
(g) "Owner" means all individuals, co-partnerships,
associations or corporations having any title or interest in any
property, rights, easements and interests authorized to be acquired
by this article.
(h) "Park and forest roads" means any road serving travel
within state parks, state forests and public hunting and fishing areas.
(i) "Parkways Authority" or "Authority" means the West Virginia
Parkways Authority, or if the Parkways Authority is abolished, the
board, body, commission or authority succeeding to the principal
functions thereof or to whom the powers given by this article to the
Parkways Authority shall be given by law.
(j) "Parkway project" means any expressway, turnpike, bridge,
tunnel, trunkline, feeder road, state local service road or park and
forest road, or any portion or portions of any expressway, turnpike,
trunkline, feeder road, state local service road or park and forest
road, whether contiguous or noncontiguous to the West Virginia
Turnpike or to any such portion or portions, which the Parkways
Authority may acquire, construct, reconstruct, maintain, operate,
improve or repair under the provisions of this article, which shall
include for all purposes of this article, any acquisition,
construction, reconstruction, maintenance, operation, improvement
or repair that the authority may undertake by agreement with the
Department of Transportation, or any expressway, turnpike or other
road constructed by the West Virginia Turnpike Commission pursuant
to the authority granted to it under the laws of this state prior
to June 1, 1989, and shall embrace all bridges, tunnels, overpasses,
underpasses, interchanges, entrance plazas, approaches, toll houses,
service stations and administration, storage and other buildings,
which the Parkways Authority may deem necessary for the operation of the parkway project, or which is used in the operation of a
parkway project constructed prior to June 1, 1989, together with all
property, rights, easements and interests which may be acquired by
the Parkways Authority for the construction or the operation of the
parkway project or which were acquired in connection with or are
used in the operation of a parkway project constructed prior to June
1, 1989.
(k) "Project" or "projects" means a parkway project, economic
development project or tourism project, or any combination thereof.
(l) "Transportation secretary" means the Secretary of the State
Department of Transportation.
(m) "Tourism project" means:
(1) Any park or tourist facility and attraction which the
Parkways Authority may create, develop, construct, reconstruct,
improve, maintain or repair under the provisions of this article,
and shall include all roads, interchanges, entrance plazas,
approaches, service stations, administration, storage and any other
buildings or service stations, structures which the Parkways
Authority may deem necessary for the operation of the tourism
project, together with all property rights, easements and interests
which may be acquired by the Parkways Authority for the construction
or operation of the tourism project; and
(2) The construction, reconstruction, improvement, maintenance
and repair of any park or tourist facility and attraction owned by the state as of June 1, 1989.
(n) "Tourist facility and attraction" mean cabins, lodges,
recreational facilities, restaurants, and other revenue producing
facilities, any land or water site, and any information center,
visitors' center or rest stop which the Parkways Authority
determines may improve, enhance or contribute to the development of
the tourism industry in the state.
(o) "Trunkline" means any road serving major city to city
travel.
(p) "Turnpike" means the West Virginia Turnpike or any other
toll road in the state.
(q) "West Virginia Turnpike Commission" means the State
Turnpike Commission existing as of June 1, 1989.
(r) "West Virginia Turnpike" means the turnpike from Charleston
to a point approximately one mile south of the intersection of
Interstate 77 and U.S. Route 460 near Princeton in Mercer County,
West Virginia, which road is presently a part of the federal
interstate highway system.
§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 is 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
subject to the provisions of
section thirty of this article
: Provided, That after July 1, 2010,
the Parkways Authority is prohibited from constructing new tourism
projects or new economic development projects, but this prohibition
shall not prevent the Authority from entering into lease agreements,
development agreements or other agreements with private businesses
or companies allowing and providing for such private businesses or
companies to acquire, develop, construct and operate motels, lodging
facilities or other businesses and business facilities on land owned
by the Authority and located adjacent to the Tamarack project and
facilities at Exit 45 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 parkway 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;
(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:
(A) Refunding any bonds which shall have been issued under the
provisions of this article or any predecessor thereof; and
(B) 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 or improved by it, by the
Department of Transportation, or by the West Virginia Turnpike
Commission;
(9) To fix and revise, 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;
(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. 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 investigate and, if feasible, develop and implement a
"single fee" program which would produce on an annual basis a sum
of money equal to the total toll revenue received from all West
Virginia drivers on West Virginia toll roads during the Authority's
preceding fiscal year, divided into at least three classes based
upon usage, size and number of axles. Said sum, plus an amount
necessary to cover the expected costs of such program, shall be
produced by adding to either the annual cost of vehicle registration
or of vehicle inspection a single fee equal to the proportionate
share of that vehicle owner of the total toll revenue needed to be
produced from all vehicles within that class. A vehicle for which
such fee has been paid shall be entitled to traverse all toll roads
within the state without stopping to pay individual tolls during the effective period of said registration or said inspection: Provided,
however, That if the single fee proposed to be charged under said
program exceeds the standard round trip toll for that vehicle over
the entire length of the West Virginia Turnpike, the Authority shall
not implement such program without the prior approval of both Houses
of the Legislature: Provided, further, That any such program shall
also include comparable provisions which would allow vehicles
registered in other states to traverse West Virginia toll roads in
like fashion to West Virginia vehicles as set forth in this section
upon the payment of a single fee for each and every vehicle
registered in such state, in accordance with the same classification
system adopted for West Virginia vehicles.
(17) To do all acts and things necessary or convenient to carry
out the powers expressly granted in this article; and
(18) 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.
§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
parkway 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 parkway
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 parkway project or parkway 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: Provided, That the Parkways Authority shall comply
with the provisions of section twenty-eight, article one, chapter
five of this code.
§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, $200 million for
the purpose of paying:
(1) 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;
(2) 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
(3) To the extent permitted by federal law, all or any part of
the cost of any related parkway project.
(b) 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
existed on June 1, 1989, 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 on
June 1, 1989: 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:
(1) 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
(2) Have been recommended by the Authority's consulting
engineers or traffic engineers, or both, prior to the issuance of
the bonds.
(c) 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.
(d) Notwithstanding any other provision of this code to the
contrary, the Authority may not issue parkway revenue bonds under
this section for projects on the West Virginia Turnpike after June
30, 2010: Provided, That the authority may issue revenue refunding
bonds pursuant to sections twenty-one and twenty-two of this
article.
§17-16A-13a. Public notice and hearing requirements.
(a) Notwithstanding any provision of the law to the contrary,
on and after July 1, 2010, the Parkways Authority is authorized
after prior public notice and hearing, as set forth in this section,
to:
(1) Fix initial rates, tolls or charges along any portion of
a parkway project, or approve any proposal or contract that would
require the Parkways Authority to fix any initial rates, tolls or
charges along any portion of a parkway project;
(2) Increase any rates, tolls or charges along any portion of
the parkway project, 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 project;
(3) 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;
(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 project; 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 project.
(b) The Parkways Authority shall publish notice of any proposed
contract, project or bond which would require the Parkways Authority to fix any initial toll rates or charges, result in an increase of
any toll rates or charges or extend any bond repayment obligation,
along with the associated initial rate, 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 project or proposed parkway project
affected by the proposed contract, project or bond.
(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 project or
proposed parkway project affected by the proposed contract, project
or bond, and any citizen may communicate by writing to the Parkways
Authority his or her opposition to or approval of such proposal,
initial rate or toll, 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
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 initial rate or 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 is 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 initial rates, a
rate increase, or prior to finally approving any proposed initial
rate or toll or 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, 2010, any final action taken by the
Parkways Authority to approve or implement any proposed initial
rate, rate increase, contract or project which would require or
result in a proposed initial rate or toll or a proposed increase of
any rate or tolls along any portion of the parkway project without
first satisfying the public notice and hearing requirements of this
section, shall be null and void.
§17-16A-19. Preliminary expenses.
(a) The Secretary of the Department of Transportation is
authorized in his or her discretion to expend out of any funds
available for the purpose, such moneys as may be necessary for the
study of any parkway, economic development or tourism project or
projects and to use the Department of Transportation's engineering and other forces, including consulting engineers and traffic
engineers, for the purpose of effecting such study and to pay for
such additional engineering and traffic and other expert studies as
he or she may deem expedient.
(b) All such expenses incurred by the Department of
Transportation prior to the issuance of parkway revenue bonds or
revenue refunding bonds under the provisions of this article shall
be paid by the Department of Transportation and charged to the
appropriate project or projects, and the Department of
Transportation shall keep proper records and accounts showing each
amount so charged.
(c) Upon the sale of parkway revenue bonds or revenue refunding
bonds for any project or projects, the funds so expended by the
Department of Transportation in connection with such project or
projects may be reimbursed to the Department of Transportation from
the proceeds of such bonds.
§17-16A-26. Annual report; audit.
(a) Annually, the Parkways Authority shall prepare and provide
to each member of the West Virginia Legislature who so requests, an
annual report detailing the financial condition and operations of
the Parkways Authority. The Parkways Authority shall provide to the
Joint Committee on Government and Finance any financial statements
that are required under any trust agreement to which the Parkways
Authority is a party.
(b) Annually, the Parkways Authority shall file with the
Legislative Auditor's office a full and complete accounting of its
activities, including the collection of all revenues, expenditures,
liabilities, assets, bonds and disbursement of funds. The
Legislative Auditor shall conduct an annual audit of the information
provided by the Parkways Authority and the audit report of the
Legislative Auditor shall be provided to each member of the
Legislature requesting a copy.
§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 the fixation of any initial
rates, tolls or charges or any increase in any rates, tolls or
charges along any portion of the parkway project, 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 shall 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) Annually, the Parkways Authority shall hold at least one
public informational session in each of the following counties: Kanawha, Fayette, Raleigh and Mercer counties. The Authority is to
distribute educational materials and other information concerning
the discount program for purchasers of West Virginia EZ Pass
transponders described in this section.
(d) Upon the effective date of the amendments to this section
enacted during the regular session of the Legislature in the year
2010, the Authority shall make available West Virginia EZ Pass
transponders to the public without the payment of any monetary
security deposit. The Authority shall credit any individual that
has paid a security deposit for a West Virginia EZ Pass transponder
prior to July 1, 2010, on the individual's next billing statement.
(e) 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.
§17-16A-30. Coordination with county commission in counties where
a parkway project may be located.
Once a parkway project is identified by the Authority, the
Governor shall appoint, with the advice and consent of the Senate,
two persons from each county where the parkway project is located
to serve on a local committee to provide recommendations and
suggestions to the Authority on all matters regarding the local
identified project. The local committee shall also report any of its findings to the county commission or county commissions of the
counties in which the parkway project is located. Prior to any
final approval of a parkway project, the county commissions of the
counties in which a parkway project is located shall by resolution
approve the parkway project.