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WV Code § 17-27-1 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-1. Legislative Findings and Purposes

The Legislature finds and declares:(1) That there is a public need for timely acquisition or construction of and improvements to transportation facilities within the state that are compatible with state and local transportation plans;(2) That public need may not be wholly satisfied by existing ways in which transportation facilities are acquired, constructed or improved;(3) That authorizing private entities to acquire, construct or improve one or more transportation facilities may result in the availability of transportation facilities to the public in a more timely or less costly manner, thereby serving the public health, safety, convenience and welfare and the enhancement of the residential, agricultural, recreational, economic, commercial and industrial opportunities;(4) That providing a mechanism for the solicitation, receipt and consideration of proposals submitted by private entities for the purposes described in this section serves the public purpose of this article to the extent that the action facilitates the timely acquisition or construction of or improvement to a qualifying transportation facility or the continued operation of a qualifying transportation facility; and(5) That providing for the expansion and acceleration of transportation financing using innovative financing mechanisms, including, but not limited to, design-build contracting and financing arrangements, will add to the convenience of the public and allow public and private entities to have the greatest possible flexibility in contracting with each other for the provision of the public services which are the subject of this article.
WV Code § 17-27-2 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-2. Definitions

As used in this article, the following words and terms have the following meanings:(1) "Comprehensive agreement" means the comprehensive agreement by and between a developer and the division required by section nine of this article.(2) "Department" means the Department of Transportation.(3) "Developer" means the private entity that is responsible for the acquisition, construction or improvement of a qualifying transportation facility.(4) "Division" means the Division of Highways.(5) "Material default" means any default by the developer in the performance of its duties under subsection (f), section eight of this article that jeopardizes adequate service to the public from a qualifying transportation facility and remains unremedied after the division has provided notice to the developer and a reasonable cure period has elapsed.(6) "Private entity" means any natural person, corporation, limited liability company, partnership, joint venture or other private business entity.(7) "Public entity" means the State of West Virginia or any political subdivision thereof.(8) "Qualifying transportation facility" means one or more transportation facilities acquired, constructed or improved by a private entity pursuant to this article.(9) "Revenues" mean the user fees or service payments generated by a qualifying transportation facility.(10) "Service contract" means a contract entered into between a public entity and a developer pursuant to section six of this article.(11) "Service payments" mean payments to the developer of a qualifying transportation facility pursuant to a service contract.(12) "State" means the State of West Virginia.(13) "Transportation facility" means any public inland waterway port facility, road, bridge, tunnel, overpass or existing airport used for the transportation of persons or goods, and the structures, equipment, facilities or improvements necessary or incident thereto.(14) "User fees" mean the rates, tolls, fees or other charges imposed by the developer of a qualifying transportation facility for use of all or a portion of the qualifying transportation facility pursuant to the comprehensive agreement.
WV Code § 17-27-3 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-3. Prerequisites for Development

Any private entity seeking authorization under this article to acquire, construct or improve a transportation facility shall first submit a conceptual proposal as set forth in section five of this article: Provided, That notwithstanding any provision of this code to the contrary, the division has no duty to accept, consider or review a conceptual proposal that is not solicited by the division. The private entity may initiate the approval process pursuant to subsections (a) and (b) of said section or the division may alternatively request proposals pursuant to subsection (c) of said section.
WV Code § 17-27-4 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-4. Powers and Duties of the Division and Other Agencies That Are Part of the Department

In addition to the powers and duties set forth elsewhere in this code, the division and any other agency that is part of the department may:(1) Undertake one level of review for each proposal submitted by a private entity in accordance with this article. The review shall consist of the review by the division of the conceptual proposal: Provided, That expenses of the division incurred for review of proposal shall be paid by the private entity submitting the proposal. The division shall take into account at all times the needs and funding capabilities of the state as a whole in terms of transportation;(2) Enter into agreements, contracts or other transactions with any agency that is part of the department, any federal, state, county, municipal agency or private entity;(3) Act on behalf of the state and represent the state in the planning, financing, development and construction of any transportation facility for which solicited proposals have been received in accordance with the provisions of this article, with the concurrence of the affected public entity. Other public entities in this state shall cooperate to the fullest extent with what the division considers appropriate to effectuate the duties of the division;(4) Exempt from disclosure any sensitive business, commercial or financial information that is not customarily provided to business competitors that is submitted to the division for final review and approval;(5) Exempt from disclosure any documents, communications or information described in this section including, but not limited to, the project's design, management, financing and other details in accordance with the provisions of article one, chapter twenty-nine-b of this code; and(6) Do any and all things necessary to carry out and accomplish the purposes of this article.
WV Code § 17-27-6 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-6. Service Contracts

In addition to any authority otherwise conferred by law, any public entity may contract for services to be provided for a qualifying transportation facility in exchange for service payments and other consideration as the division determines appropriate.
WV Code § 17-27-7 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-7. Dedication of Public Property

Any public entity may dedicate any property interest that it has for public use as a qualified transportation facility if it finds it will serve the public purpose of this article. In connection with the dedication, a public entity may convey any property interest that it has to the developer, by contract, for any consideration determined by the public entity. This consideration may include, without limitation, the agreement of the developer to develop the qualifying transportation facility. No real property may be dedicated by a public entity pursuant to this article unless all other public notice and comment requirements are met.
WV Code § 17-27-8 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-8. Powers and Duties of the Developer

(a) The developer has all power allowed by law generally to a private entity having the same form of organization as the developer and may acquire, construct or improve the qualifying transportation facility and impose user fees in connection with the use of the facility.(b) The developer may own, lease or acquire any other right to facilitate the development of the qualifying transportation facility.(c) Any financing of the qualifying transportation facility may be in the amounts and upon terms and conditions determined by the developer. The developer may issue debt, equity or other securities or obligations, enter into sale and leaseback transactions and secure any financing with a pledge of, security interest in, or lien on, any or all of its property, including all of its property interests in the qualifying transportation facility.(d) Subject to applicable permit requirements, the developer may cross any canal or navigable watercourse as long as the crossing does not unreasonably interfere with the current navigation and use of the waterway.(e) In developing the qualifying transportation facility, the developer may:(1) Make classifications according to reasonable categories for assessment of user fees; and(2) With the consent of the division, make and enforce reasonable rules to the same extent that the division may make and enforce rules with respect to a similar transportation facility. The developer may, by agreement with appropriate law-enforcement agencies, arrange for video enforcement in connection with its toll collection activities.(f) The developer shall:(1) Acquire, construct or improve the qualifying transportation facility in a manner that meets the engineering standards of:(A) The authority for facilities operated and maintained by the division, in accordance with the provisions of the comprehensive agreement; and(B) The division, in accordance with the provisions of the comprehensive agreement;(2) Keep the qualifying transportation facility open for use by the members of the public at all times after its initial opening upon payment of the applicable user fees or service payments: Provided, That the qualifying transportation facility may be temporarily closed because of emergencies or, with the consent of the division, to protect the safety of the public or for reasonable construction or maintenance procedures;(3) Contract for the performance of all maintenance and operation of the transportation facility through the division, using its maintenance and operations practices, until the date of termination of the developer's duties as defined in the comprehensive agreement;(4) Cooperate with the division in establishing any interconnection with the qualifying transportation facility requested by the division;(5) Remain in compliance with state tax, workers' compensation and unemployment compensation laws; and(6) Comply with the provisions of the comprehensive agreement and any service contract.
WV Code § 17-27-10 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-10. Federal, State and Local Assistance

The division may take any action to obtain federal, state or local assistance for a qualifying transportation facility that serves the public purpose of this article and may enter into any contracts required to receive federal assistance. The division may determine that it serves the public purpose of this article for all or any portion of the costs of a qualifying transportation facility to be paid, directly or indirectly, from the proceeds of a grant or loan made by the local, state or federal government or any agency or instrumentality thereof.
WV Code § 17-27-11 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-11. Material Default; Remedies

(a) Except upon written agreement of the developer and any other parties identified in the comprehensive agreement, the division may exercise, at its discretion, any or all of the following remedies provided in this section or elsewhere in this article to remedy any material default that has occurred or may continue to occur.(1) To elect to take over the transportation facility or facilities and in that case it shall succeed to all of the rights, title and interest in the transportation facility or facilities, subject to any liens on revenues previously granted by the developer to any person providing financing for the facility or facilities and the provisions of subsection (c) of this section;(2) To exercise the power of condemnation to acquire the qualifying transportation facility or facilities. Any person who has provided financing for the qualifying transportation facility and the developer, to the extent of its capital investment, may participate in the condemnation proceedings with the standing of a property owner;(3) To terminate the comprehensive agreement and exercise any other rights and remedies that may be available to it at law or in equity, subject only to the express limitations of the terms of the comprehensive agreement; and(4) To make or cause to be made any appropriate claims under the performance or payment bonds required by this article.(b) In the event the division elects to take over a qualifying transportation facility pursuant to subdivision (1), subsection (a) of this section, the division may acquire, construct or improve the transportation facility, impose user fees for the use of the transportation facility and comply with any service contracts as if it were the developer. Any revenues that are subject to a lien shall be collected for the benefit of, and paid to, secured parties, as their interests may appear, to the extent necessary to satisfy the developer's obligations to secured parties, including the maintenance of reserves and the liens shall be correspondingly reduced and, when paid off, released. Remaining revenues, if any, after all payments to, or for the benefit of, secured parties shall be paid to the developer, subject to the negotiated maximum rate of return. The right to receive the payment, if any, shall be considered just compensation for the transportation facility or facilities. The full faith and credit of the division may not be pledged to secure any financing of the developer by the election to take over the qualifying transportation facility. Assumption of development of the qualifying transportation facility does not obligate the division to pay any obligation of the developer from sources other than revenues.
WV Code § 17-27-12 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-12. Governmental Entities Prohibited From Pledging Full Faith and Credit

The full faith and credit of the state, or any county, municipality or political subdivision of the state may not be pledged to secure any financing of the developer in connection with the acquisition, construction or equipping of a qualifying transportation facility.
WV Code § 17-27-13 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-13. Condemnation

(a) At the request of the developer, the division may exercise the power of condemnation that it has under law for the purpose of acquiring any lands or estates or interests in any lands or estates to the extent that the division finds that the action serves the public purpose of this article: Provided, That the power of condemnation may not be exercised if the extraction of mineable minerals is outside the defined one thousand foot corridor of the project or work which is the subject of a solicited conceptual proposal, comprehensive agreement or service contract submitted or entered into under the provisions of this article. Any amounts to be paid in any condemnation proceeding shall be paid by the developer.(b) Until the division has provided written certification as to the existence of a material default under subsection (a), section eleven of this article, the power of condemnation may not be exercised against a qualifying transportation facility.
WV Code § 17-27-14 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-14. Utility Crossings

The developer and each county, municipality, public service district, public utility, railroad and cable television provider whose facilities are to be crossed or affected shall cooperate fully with the other in planning and arranging the manner of the crossing or relocation of the facilities. Any entity possessing the power of condemnation is expressly granted the powers in connection with the moving or relocation of facilities to be crossed by the qualifying transportation facility or that must be relocated to the extent that the moving or relocation is made necessary or desirable by construction of or improvements to the qualifying transportation facility, which includes construction of or improvements to temporary facilities for the purpose of providing service during the period of construction or improvement. Any amount to be paid for the crossing, construction, moving or relocating of facilities shall be paid by the developer.
WV Code § 17-27-15 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-15. Dedication of Assets

The division shall terminate the developer's authority and duties under this article on the date set forth in the comprehensive agreement. Upon termination, the division and duties of the developer under this article cease and the qualifying transportation facility shall be dedicated to the division for public use.
WV Code § 17-27-16 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-16. Qualifying a Transportation Facility as a Public Improvement

All qualifying transportation facilities authorized under this article are public improvements and are subject to article five-a, chapter twenty-one of this code. Article twenty-two, chapter five of this code applies to all qualifying transportation facilities authorized under this article. All construction, reconstruction, repair or improvement of qualifying transportation facilities authorized under this article shall be awarded by competitive bidding. Competitive bids shall be solicited by the division for each construction contract in excess of $25,000 in total cost. Construction costs should be of sufficient size that the performance and payment bonds are in the $10 million to $30 million range, where possible. Competitive bids shall be solicited by the division through publication of a Class II legal advertisement, in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area is the county or municipality in which the transportation facility is to be located. The advertisement shall also be published as a Class II advertisement in a newspaper of general circulation published in the city of Charleston. The advertisement shall solicit sealed proposals for the construction of the transportation facility, stating the time and place for the opening of bids. All bids shall be publicly opened and read aloud. Construction contracts shall be awarded to the lowest qualified responsible bidder, who shall furnish a sufficient performance or payment bond: Provided, That both the division and the private entity have the right to reject all bids and solicit new bids for the construction contract. The provisions of article one-c, chapter twenty-one of this code apply to the construction of all qualifying transportation facilities approved under this article.
WV Code § 17-27-17 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-17. Exemptions From Taxation

(a) The exercise of the powers granted in this article will be in all respects for the benefit of the people of this state, for the improvement of their health, safety, convenience and welfare and for the enhancement of their residential, agricultural, recreational, economic, commercial and industrial opportunities and is a public purpose. As the construction, acquisition, improvement, operation and maintenance of qualifying transportation facilities will constitute the performance of essential governmental functions, a developer is not required to pay any taxes or assessments upon any qualifying transportation facility or any property acquired or used by the developer under the provisions of this article or upon the income therefrom, other than taxes collected from the consumer pursuant to article fifteen, chapter eleven of this code.
WV Code § 17-27-18 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 27. Public-Private Transportation Facilities Act|§17-27-18. Construction

The provisions of this article are remedial and shall be liberally construed and applied so as to promote the purposes set out in section one of this article.
WV Code § 17-28-1 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 28. West Virginia Community Empowerment Transportation Act|§17-28-1. Short Title

This article may be known and referred to as the "West Virginia Community Empowerment Transportation Act."
WV Code § 17-28-2 (2021)
2021 West Virginia Code|Chapter 17. Roads and Highways|Article 28. West Virginia Community Empowerment Transportation Act|§17-28-2. Legislative Findings

The Legislature finds as follows:(1) That a broad and unified system should be continued and persistently upgraded by state law for financing, planning, designing, constructing, expanding, improving, maintaining and operating the public road system and transportation facilities that together comprise the transportation infrastructure of this state;(2) That, in addition to traditional means and methods of putting transportation infrastructure into place, a significant contribution to a system as described in subdivision one of this section can be made by public-private partnerships that will assist federal, state and local governments in their efforts to meet the evolving needs of governmental entities, industry, labor, commerce, and, most importantly, the citizens of this state;(3) That available public funding necessary to provide for an adequate or more than adequate transportation infrastructure have not kept pace with the needs of the governmental entities that are charged with financing, developing and maintaining an optimal transportation infrastructure in this state;(4) That investment in transportation infrastructure by private entities should be facilitated, and innovative financing mechanisms should be encouraged and developed, so as to utilize private capital and other funding sources to supplement governmental actions taken in support of transportation projects, to the end that the financial and technical expertise and other experience of private entities regarding the development of transportation facilities may be garnered and put into service on behalf of the state;(5) That public and private entities should have a clear and well-designed statutory framework to work within that allows for flexibility in partnering with each other and developing transportation infrastructure projects; and(6) This article should not be limited by any rule of strict construction, but should be liberally construed to effect the legislative purpose of conceiving and creating a modern transportation infrastructure under the leadership and guidance of governmental entities, with corresponding and cooperative assistance, under appropriate circumstances, by public-private partnerships, inuring to the benefit and prosperity of the state and the welfare of its citizens.