West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-10 - Community Empowerment Transportation Act Program › Section 157-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Terms. The
				terms used in this rule are defined as follows:
2.1.a. "Affected local jurisdiction" means
				any county or incorporated municipality of this state in which all or any part
				of a transportation facility is or will be located, or any other local public
				entity, including, but not limited to, a public service district or highway
				authority or highway association that is directly affected by a transportation
				project.
2.1.b. "Commissioner"
				means the Commissioner of Highways who is the chief executive officer of the
				Division of Highways.
2.1.c.
				"Department" means the West Virginia Department of Transportation.
2.1.d. "Division" refers to the Division of
				Highways, a division within the West Virginia Department of
				Transportation.
2.1.e.
				"Governmental entity" means any county, municipality, or other governmental
				unit or political subdivision of the State.
2.1.f. "Highway authority" or "highway
				association" means any entity created by the Legislature for the advancement
				and improvement of the state road and highway system, or, if an authority is
				abolished, any entity succeeding to the principal functions of the highway
				authority or to whom the powers given to the highway authority are given by
				law.
2.1.g. "Private entity" means
				any natural person, corporation, general partnership, limited liability
				company, limited partnership, joint venture, business trust, public benefit
				corporation, nonprofit entity or other business entity.
2.1.h. "Project costs" means capital costs,
				costs of financing, planning, designing, constructing, expanding, improving,
				maintaining or controlling a transportation facility, the cost of land,
				equipment, machinery, installation of utilities and other similar expenditures
				and all other charges or expenses necessary, appurtenant or incidental to a
				transportation facility.
2.1.i.
				"Sponsor" or "project sponsor" means a governmental entity proposing a
				transportation project.
2.1.j.
				"Public-private partnership" means a consortium that includes the Division of
				Highways, a governmental entity, a highway authority or any combination
				thereof, together with a private entity or entities, which proposes to finance,
				acquire, plan, design, construct, expand, improve, maintain or control a
				transportation facility.
2.1.k.
				"Public service district" means a public corporation or political subdivision
				of this state created pursuant to section two, article thirteen-a, chapter
				sixteen of this code.
2.1.l.
				"Revenue" means all revenue, income, earnings, user fees, lease payments or
				other service payments arising out of or in connection with supporting the
				development or operation of a transportation facility, including, without
				limitation, money received as grants or otherwise from the United States of
				America, from any public entity or from any agency or instrumentality of the
				foregoing in aid of such transportation project, moneys generated by way of
				contract, pledge, donation, bequest or bonds and moneys generated by taxes
				which are authorized to be assessed and levied by the Legislature or another
				governmental entity.
2.1.m.
				"Secretary" means the Cabinet Secretary of the West Virginia Department of
				Transportation.
2.1.n.
				"Transportation facility" means a public highway, road, bridge, tunnel,
				overpass, building, structure, airport, vehicle parking facility, riverport
				facility, rail facility, or intermodal facility used for the transportation of
				persons or goods.
2.1.o.
				"Transportation project" means any project to acquire, design, construct,
				expand, renovate, extend, enlarge, increase, equip, improve, maintain or
				operate a transportation facility in this state for which a governmental entity
				is permitted by law to expend public funds but does not include any project
				that would otherwise be under the authority of the Public Port Authority, the
				Aeronautics Commission or the Parkways Authority.
2.1.p. "User fee" means a rate, toll, or fee
				imposed by an operator for use of all or a part of a transportation facility
				authorized in section five of this article.
2.1.q. "Utility" means a privately, publicly
				or cooperatively owned line, facility or system for producing, transmitting or
				distributing communications, cable television, power, electricity, light, heat,
				gas, oil, crude products, water, steam, waste, storm water not connected with
				highway drainage, or any other similar commodity, including fire or police
				signal system or street lighting system, which directly or indirectly serves
				the public.