H. B. 3026

         (By Delegates Varner, Pethtel, Ferns, Givens,

             Ferro, Swartzmiller, Martin, Jones, Storch,

                         Ennis and Romine)

         [Introduced February 7, 2011; referred to the

         Committee on Roads and Transportation then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-24, relating to roads and highways; additional powers of the Commissioner of Highways relating to entering into agreements or issue permits to protect the care and maintenance of certain highways used in natural gas and oil production; and authorizing emergency legislative rules.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17-2A-24, to read as follows:

ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.

§17-2A-24. Commissioner authorized to enter into agreements or permits with developers of oil and natural gas well sites to maintain highways; emergency rules.

    (a) In addition to all other powers granted and duties imposed upon the Commissioner of Highways, the commissioner may enter into agreements or issue permits, as required, with developers of oil and natural gas well sites in this state, or with any other persons, for the purpose of construction, repairing or maintaining secondary highways affected by increased oil and natural gas well drilling activity. These agreements shall contain necessary criteria, including bonding, to assure any damages created by the development of the oil and natural gas well sites are ameliorated.

    (b) All moneys collected by the commissioner pursuant to these agreements shall be deposited into the State Road Fund and shall be expended solely on construction, repairing or maintaining secondary highways affected by increased of oil and natural gas well drilling activity.

    (c) Notwithstanding any provision of this code to the contrary, the commissioner may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code.

    NOTE: The purpose of this bill is to authorize additional powers of the Commissioner of Highways by entering into agreements or permits to protect the care and maintenance of certain secondary highways used in natural gas and oil production. The commissioner is authorized to promulgate emergency legislative rules.

    This section is new; therefore, it has been completely underscored.