reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26A. Roads to Prosperity State Road Bonds › §17-26A-2. State Road General Obligation Bonds; Amount; When May Issue

(a) Bonds of the State of West Virginia, under authority of the Roads to Prosperity Amendment of 2017 of the principal amount not to exceed in the aggregate $1.6 billion are authorized to be issued and sold for matching available federal funds for highway and bridge construction in this state and for general highway and secondary roads and bridge construction or improvements in each of the fifty-five counties in this state, as provided for by the Constitution and the provisions of this article. During the fiscal year beginning July 1, 2017, the principal amount of $800 million in bonds may be sold. During the fiscal year beginning July 1, 2018, the principal amount of $400 million in bonds may be sold. During the fiscal year beginning July 1, 2019, the principal amount of $200 million in bonds may be sold. During the fiscal year beginning July 1, 2020, the principal amount of $200 million in bonds may be sold. Any amount not sold in a fiscal year may be carried forward and issued in any subsequent year before July 1, 2021.
(b) These bonds may be issued by the Governor upon resolution passed by the Legislature authorizing the same. The bonds shall bear the date and mature at the time, bear interest at the rates, be in amounts, be in denominations, be in the registered form, carry registration privileges, be due and payable at the times and place and in amounts, and be subject to terms of redemption as the resolution may allow.
(c) Both the principal and interest of the bonds shall be payable in the lawful money of the United States of America, and the bonds and the interest thereon shall be exempt from taxation by the State of West Virginia, or by any county, district or municipality thereof, which fact shall appear on the face of the bonds as part of the contract with the holder of the bond.
(d) The bonds shall be executed on behalf of the State of West Virginia, by the manual or facsimile signature of the Governor, under the Great Seal of the State or a facsimile of the Great Seal, and countersigned by the manual or facsimile signature of the Secretary of State.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26A. Roads to Prosperity State Road Bonds › §17-26A-3. Creation of Debt Service Fund to Pay Debt Service on State Road General Obligation Bonds

There is hereby created a special account in the State Treasury, which shall be designated and known as the Roads to Prosperity Bond Debt Service Fund, into which shall be deposited any and all amounts appropriated by the Legislature from the State Road Fund or funds from any source whatsoever which is made liable by law for the purpose of paying the interest on the bonds or paying off and retiring bonds issued pursuant to this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26A. Roads to Prosperity State Road Bonds › §17-26A-4. Roads to Prosperity Bond Debt Service Fund; Sources Used to Pay Bonds, Interest and Cost of Issuance; Investment of Remainder

(a) All funds deposited to the credit of the Roads to Prosperity Bond Debt Service Fund shall be kept by the State Treasurer in a separate account, and all money belonging to the fund shall be deposited in the Treasury to the credit of the fund.
(b) The fund shall be applied by the State Treasurer for payments on the principal and interest on bonds sold pursuant to this article as it becomes due and payable and any costs related to the issuance thereof. The remainder of the fund, if any, shall be invested by the West Virginia Board of Treasury Investments in the manner authorized under article six-c, chapter twelve of this code.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26A. Roads to Prosperity State Road Bonds › §17-26A-5. Covenants of State

The State of West Virginia covenants and agrees with the holders of the bonds issued pursuant hereto as follows: (1) That the bonds are a direct and general obligation of the State of West Virginia; (2) that the full faith and credit of the state is pledged to secure the payment of the principal and interest of the bonds; (3) that an annual state tax shall be collected in an amount sufficient to pay, as it may accrue, the interest on the bonds and the principal thereof; and (4) that the tax shall be levied in any year only to the extent that the moneys transferred to the Roads to Prosperity Bond Debt Service Fund as provided in sections three and four of this article which are irrevocably set aside and appropriated for and applied to the payment of the interest on and principal of any bond becoming due and payable in such year are insufficient therefor.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26A. Roads to Prosperity State Road Bonds › §17-26A-6. Sale by Governor; Certification of Annual Debt Service Amount

The Governor shall sell the bonds herein authorized at a time or times as provided by resolutions enacted by the Legislature. The Governor, in his or her discretion, may, by executive message, request that a resolution be proposed for the issuance of bonds pursuant to this article. The Governor shall determine the manner by which bonds will be sold at an aggregate price equal to, above or below par value. On or before June 1 in the fiscal year in which the first bonds are issued pursuant to this article and June 1 of each fiscal year, the commissioner shall certify to the Treasurer and Secretary of the Department of Revenue the principal and interest requirement for the following fiscal year on any bonds issued pursuant to this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26A. Roads to Prosperity State Road Bonds › §17-26A-7. Conflicts of Interest

No part of the proceeds from the sale of bonds under this article may inure to the benefit of or be distributable to the officers or employees of the state except to pay reasonable compensation for services rendered to the state. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or confined in jail not more than one year, or both fined and confined.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26A. Roads to Prosperity State Road Bonds › §17-26A-8. State Road Bonds Lawful Investments

All state road bonds issued pursuant to this article shall be lawful investments for banking institutions, societies for savings, building and loan associations, savings and loan associations, deposit guarantee associations, trust companies, and insurance companies, including domestic for life and domestic not for life insurance companies.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26A. Roads to Prosperity State Road Bonds › §17-26A-9. Refunding Bonds

Any state road general obligation bonds which are outstanding may at any time be refunded by the issuance of refunding bonds in an amount deemed necessary to refund the principal of the bonds to be refunded, together with any unpaid interest thereon; to accomplish the purpose of the amendment and to pay any premiums necessary to be paid in connection therewith. Any refunding may be effected whether the state road general obligation bonds to be refunded shall have then matured or shall thereafter mature. Any refunding bonds issued pursuant to this article shall be payable from the Roads to Prosperity Bond Debt Service Fund.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26A. Roads to Prosperity State Road Bonds › §17-26A-10. Termination or Dissolution

Upon the termination or dissolution of the West Virginia Division of Highways, all rights and properties of the West Virginia Division of Highways with respect to the Roads to Prosperity Bond Debt Service Fund shall pass to and be vested in the state, subject to the rights of bondholders, lienholders and other creditors.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26A. Roads to Prosperity State Road Bonds › §17-26A-12. Governor to Determine Bond Counsel

The Governor shall select a competent person or firm to serve as bond counsel who shall be responsible for the issuance of a final approving opinion regarding the legality of the sale of general obligation bonds issued pursuant to this article. Notwithstanding the provisions of article three, chapter five of this code, bond counsel may represent the state in court, render advice and provide other legal services as may be requested by the Governor, the secretary or the commissioner regarding any bond issuance pursuant to this article and all other matters relating to the bond issue. The Governor may also, in his or her discretion, select a person or firm to serve as underwriter for any issuance pursuant to this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26A. Roads to Prosperity State Road Bonds › §17-26A-13. Approval of and Payment of All Necessary Expenses

All necessary expenses, including legal expenses, incurred in the issuance of any general obligation bonds pursuant to this article shall be paid out of the Roads to Prosperity Bond Debt Service Fund or the State Road Fund if so appropriated by the Legislature. The amount of any expenses incurred shall be certified to the Treasurer by the Commissioner of Highways.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26A. Roads to Prosperity State Road Bonds › §17-26A-14. Dedication of Taxes and Fees

(a) There shall be dedicated an annual amount from the collections of the taxes and fees imposed pursuant to chapters eleven, seventeen-a, seventeen-b, seventeen-c and seventeen-d of this code, that are required to be deposited to the credit of the State Road Fund sufficient to pay the principal and interest of any state road bonds issued pursuant to this article.
(b) Beginning in July in the fiscal year in which the first interest payment on the bonds issued pursuant to this article is due, and monthly thereafter for the first ten months of each fiscal year, there shall be deposited into the Roads to Prosperity Bond Debt Service Fund an amount equal to one tenth of the projected annual principal and interest requirements, as certified by the commissioner, on all bonds issued pursuant to this article, of the tax collected pursuant to chapter eleven of this code: Provided, That each tenth payment shall be reduced by any interest earnings accrued to the Roads to Prosperity Bond Debt Service Fund: Provided, however, That if bonds issued after the annual certification have a first interest or principal payment coming due in the then current or next fiscal year, the monthly deposits shall be made in such a manner to provide for the payment of the interest and/or principal coming due.
2023 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.
2023 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.
2023 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) Review proposals submitted by private entities 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 an unsolicited proposal or proposals 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, as well as 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 proposals have been received in accordance with the provisions of this article. 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 projects design, management, financing, and other details in accordance with 29B-1-1
et seq
. of this code; and
(6) Do any and all things necessary to carry out and accomplish the purposes of this article.
2023 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 a developer or the division 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.
2023 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 a 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 a qualifying transportation facility.
(c) Any financing of a qualifying transportation facility may be in the amounts and upon terms and conditions negotiated 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) 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.
(e) 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 developers 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.
2023 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.
2023 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 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 this section;
(2) To exercise the power of condemnation to acquire the qualifying transportation facility or facilities;
(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) If 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 developers obligations to secured parties, including the maintenance of reserves and the liens shall be correspondingly reduced and, when paid off, released. 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.
2023 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. 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 17-27-11(a) of this code, the power of condemnation may not be exercised against a qualifying transportation facility.
2023 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, 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.
2023 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

Comprehensive agreements entered into pursuant to this article are exempt from the provisions of 5-22-1
et seq
. of this code. The provisions 21-1C-1
et seq
. of this code apply to the construction of all qualifying transportation facilities approved under this article.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 28. West Virginia Community Empowerment Transportation Act › §17-28-8. Commissioner's Authority Over Transportation Projects Accepted Into the State Road System; Use of State Road Funds

(a) Notwithstanding anything in this article to the contrary, the commissioner has final approval of any transportation project. However, no state road funds may 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.
(b) 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.
(c) No state road funds may be used to finance a transportation project without the written approval of the commissioner.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 28. West Virginia Community Empowerment Transportation Act › §17-28-9. Qualifying a Transportation Project as a Public Improvement

All transportation projects 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 transportation projects authorized under this article. All construction, reconstruction, repair or improvement of transportation projects under this article will be awarded by competitive bidding. Competitive bids are to be solicited by the governmental entity sponsoring a transportation project for each construction contract in excess of $25,000 in total cost. Competitive bids must be solicited by the sponsoring governmental entity through publication of a Class II legal advertisement, as required by article three, chapter fifty-nine of this code, and the publication area is the county or municipality where the transportation facility is to be located. The advertisement must also be published as a Class II advertisement in a newspaper of general circulation published in the city of Charleston. The advertisement is to include the solicitations of sealed proposals for the construction of the transportation project, stating the time and place for the opening of bids. All bids will be publicly opened and read aloud. Construction contracts must be awarded to the lowest qualified responsible bidder, who furnishes a sufficient performance or payment bond. The sponsoring governmental entity has the right to reject all bids and solicit new bids for the construction contract. Article one-c, chapter twenty-one of this code applies to the construction of all transportation projects approved under this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 28. West Virginia Community Empowerment Transportation Act › §17-28-10. 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 From Public Service Commission Approval

(a) The commissioner is to 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 are to cooperate, participate, share information and give input when a project sponsor prepares a transportation project plan.
(c) Municipal utilities and public service districts may 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 agreement must contain, at a minimum, engineering and construction standards, terms regarding the revenue sources, allocation of project costs and confirmation that the agreement does not violate any existing bond covenants. Each agreement shall also comply and be consistent with the comprehensive agreement applicable to the transportation project. No infrastructure facilities may 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 moneys or dedicate revenue to transportation project costs.
(e) This article may not be construed to affect the authority of the Department of Environmental Protection nor the authority of the Department of Health and Human Resources pursuant to this code.
(f) This article may not 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 this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 28. West Virginia Community Empowerment Transportation Act › §17-28-11. Excess Funds; Termination of User Fee

(a) When revenue bonds have been issued as provided in this article and the amount of user fees imposed pursuant to section five of this article and collected, less costs of administration, collection and enforcement, exceeds the amount needed to pay project costs and annual debt service, including the finding of required debt service and maintenance reserves, the additional amount shall be set aside in a separate fund and used to either fund transportation projects on a cash basis or retire some or all of the outstanding revenue bonds before their maturity date. The county commission may establish a call date for which bonds must be refunded with excess funds after a date determined by the county commission.
(b) Once the revenue bonds issued as provided in this article are no longer outstanding or a certified public accountant certifies that sufficient reserves have been or will be accumulated as of a specified date to pay all future debt service on the outstanding bonds, the user fee that is applicable to those specific bonds shall be discontinued. Termination of the user fee as provided in this section shall not bar or otherwise prevent the county commission from collecting user fees that accrued before the termination date.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 29. Transportation Network Companies › §17-29-1. Definitions

As used in this article:
(1) "Personal vehicle" means a vehicle that is:
(a) Used by a transportation network company driver to provide a prearranged ride;
(b) Owned, leased or otherwise authorized for use by the transportation network company driver; and
(c) Not a taxicab or for-hire vehicle.
(2) "Digital network” means any online-enabled application, software, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.
(3) "Transportation network company" means a corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this article and operating in West Virginia that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company does not control, direct or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.
(4) “Transportation network company driver" or "driver" means an individual who:
(A) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and
(B) Uses a personal vehicle to offer or provide a prearranged ride to transportation network company riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.
(5) "Transportation network company rider" or "rider" means an individual or persons who use a transportation network company’s digital network to connect with a transportation network company driver who provides prearranged rides to the rider in the driver’s personal vehicle between points chosen by the rider.
(6) "Prearranged ride" means the provision of transportation by a driver to a transportation network company rider, beginning when a driver accepts a transportation network company rider’s request for a ride through a digital network controlled by a transportation network company, continuing while the driver transports the requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride does not include:
(A) Transportation provided using a taxi, limousine or other for-hire vehicle; or
(B) Transportation provided under a ridesharing arrangement, as defined in section one, article twenty-two, chapter seventeen-c of this code or any other type of arrangement or service in which the driver receives a fee that does not exceed the driver’s costs associated with providing the ride.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 29. Transportation Network Companies › §17-29-3. Transportation Network Company Permit Required

(a) A person may not operate a transportation network company in West Virginia without first having obtained a permit from the Division of Motor Vehicles.
(b) The Division of Motor Vehicles shall issue a permit to each applicant that:
(1) Provides proof of an agent for service of process in the State of West Virginia to the Division of Motor Vehicles in accordance with section four of this article;
(2) Provides a copy of a certificate of insurance maintained by the transportation network company in accordance with section eight of this article;
(3) Provides a copy of the transportation network company’s zero tolerance for drug or alcohol use policy to the Division of Motor Vehicles in accordance with section twelve of this article;
(4) Provides a copy of the transportation network company’s policy prohibiting solicitation or acceptance of street hails to the Division of Motor Vehicles in accordance with section fifteen of this article;
(5) Provides a copy of the transportation network company’s policy prohibiting solicitation or acceptance of cash payments from riders to the Division of Motor Vehicles in accordance with section sixteen of this article;
(6) Provides a copy of the transportation network company’s policy of nondiscrimination with respect to riders and potential riders to the Division of Motor Vehicles in accordance with section seventeen of this article; and
(7) Has paid an annual permit fee of $1,000 to the Division of Motor Vehicles.
(c) Any fees collected under the provisions of this article shall be deposited into the Motor Vehicle Fees Fund established in accordance with section twenty-one, article two, chapter seventeen-a of this code. The Division of Motor Vehicles shall use the fees collected for the payment of the costs and expenses necessary for the administration of this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 29. Transportation Network Companies › §17-29-5. Fare Collected for Services

On behalf of a transportation network company driver, a transportation network company may charge a fare for the services provided to riders: Provided, that if a fare is collected from a rider, the transportation network company shall disclose to the rider the fare calculation method on its website or within the software application service. The transportation network company shall also provide riders with the applicable rates being charged and the option to receive an estimated fare before the rider enters the transportation network company driver’s vehicle.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 29. Transportation Network Companies › §17-29-7. Electronic Receipt

Within a reasonable period of time following the completion of a prearranged ride, a transportation network company shall transmit an electronic receipt to the rider on behalf of the transportation network company driver that lists:
(a) The origin and destination of the prearranged ride;
(b) The total time and distance of the prearranged ride; and
(c) An itemization of the total fare paid, if any.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 29. Transportation Network Companies › §17-29-9. Disclosures

The transportation network company shall disclose in writing to transportation network company drivers the following before they are allowed to accept a request for a prearranged ride on the transportation network company’s digital network:
(1) The insurance coverage, including the types of coverage and the limits for each coverage that the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company’s digital network; and
(2) That the transportation network company driver’s own automobile insurance policy might not provide any coverage while the driver is logged on to the transportation network company’s digital network and is available to receive transportation requests or is engaged in a prearranged ride, depending on its terms.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 29. Transportation Network Companies › §17-29-10. Automobile Insurance Provisions

(a) Insurers that write automobile insurance in this state may exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a driver is logged on to a transportation network company’s digital network or while a driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in an automobile insurance policy including, but not limited to:
(1) Liability coverage for bodily injury and property damage;
(2) Uninsured and underinsured motorist coverage;
(3) Medical payments coverage;
(4) Comprehensive physical damage coverage; and
(5) Collision physical damage coverage.
Such exclusions apply notwithstanding any requirement under article four, chapter seventeen-d of this code. Nothing in this section implies or requires that a personal automobile insurance policy provide coverage while the driver is logged on to the transportation network company’s digital network, while the driver is engaged in a prearranged ride or while the driver otherwise uses a vehicle to transport passengers for compensation. Nothing shall be deemed to preclude an insurer from providing coverage for the transportation network company driver’s vehicle, if it so chooses to do so by contract or endorsement.
(b) Automobile insurers that exclude the coverage described in section eight of this article have no duty to defend or indemnify any claim expressly excluded thereunder. Nothing in this article invalidates or limits an exclusion contained in a policy, including any policy in use or approved for use in this state prior to the enactment of this article that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public. An automobile insurer that defends or indemnifies a claim against a driver that is excluded under the terms of its policy shall have a right of contribution against other insurers that provide automobile insurance to the same driver in satisfaction of the coverage requirements of section eight of this article at the time of loss.
(c) In a claims coverage investigation, transportation network companies and any insurer providing coverage under section eight of this article shall cooperate to facilitate the exchange of relevant information with directly involved parties and any insurer of the transportation network company driver if applicable, including the precise times that a transportation network company driver logged on and off of the transportation network company’s digital network in the twelve hour period immediately preceding and in the twelve hour period immediately following the accident and disclose to one another a clear description of the coverage, exclusions and limits provided under any automobile insurance maintained under section eight of this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 29. Transportation Network Companies › §17-29-11. Limitation on Transportation Network Companies

(a) Drivers are independent contractors and not employees of the transportation network company if all of the following conditions are met:
(1) The transportation network company does not prescribe specific hours during which a transportation network company driver must be logged into the transportation network company’s digital network;
(2) The transportation network company imposes no restrictions on the transportation network company driver’s ability to utilize digital networks from other transportation network companies;
(3) The transportation network company does not assign a transportation network company driver a particular territory in which to operate;
(4) The transportation network company does not restrict a transportation network company driver from engaging in any other occupation or business; and
(5) The transportation network company and transportation network company driver agree in writing that the driver is an independent contractor of the transportation network company.
(b) A transportation network company operating under this article is not required to provide workers’ compensation coverage to a transportation network company driver that is classified as an independent contractor pursuant to this section.