SB103 HFIN AM 4-10
The Committee on Finance moves to amend the bill on page one,
following the enacting clause, by striking the remainder of the
bill and inserting in lieu thereof the following:
"That §29-18-3 and §29-18-6 of the Code of West Virginia,
1931, as amended, be amended and reenacted; and that said code be
amended by adding thereto a new section, designated §29-18-24, all
to read as follows:
§29-18-3. Definitions.
As used in this article unless the context clearly requires a
different meaning:
(1) "Authority" means the West Virginia railroad maintenance
authority State Rail Authority created by this article, the duties,
powers, responsibilities and functions of which are specified in
this article.
(2) "Bond" or "railroad maintenance state rail authority bond"
means a revenue bond or rate issued by the railroad maintenance
state rail authority to effectuate the intents and purposes of this
article.
(3) "Commuter rail" means a transit mode that is an electric
or diesel propelled railway for urban passenger train service
consisting of local short distance travel operating between a
central city and adjacent suburbs. Service must be operated on a
regular basis by or under contract with a transit operator for the
purpose of transporting passengers within urbanized areas or
between urbanized areas and outlying areas. The rail service,
using either locomotive hauled or self-propelled railroad passenger cars, is generally characterized by multitrip tickets, specific
station to station fares or railroad employment practices and
usually has only one or two stations in the central business
district. It does not include heavy rail rapid transit or light
rail/streetcar transit service. Intercity rail service is excluded
except for that portion of service operated by or under contract
with a public transit agency for predominantly commuter services.
Only the predominantly commuter service portion of an intercity
route is eligible for inclusion when determining commuter rail
route miles.
_______________(4) "Heavy rail" means a transit mode that is an electric
railway with the capacity for a heavy volume of traffic. It is
characterized by high speed and rapid acceleration passenger rail
cars operating singly or in multicar trains on fixed rails,
separate rights-of-way from which all other vehicular and foot
traffic are excluded, sophisticated signaling and high platform
loading.
_______________(5) "Income" means and includes all money accruing to the
authority from any source.
_______________(6) "Light rail" means a transit mode that typically is an
electric railway with a light volume traffic capacity compared to
heavy rail. It is characterized by passenger rail cars operating
singly or in short, usually two-car, trains, on fixed rails in
shared or exclusive rights-of-way, low or high platform loading and
vehicle power drawn from an overhead electric line via a trolley or
a pantograph.
_______________(7) "Owner" means and includes all individuals,
copartnerships, associations, corporations, companies, transportation companies, public service corporations, the United
States or any agency or instrumentality thereof, common carriers by
rail and railroad companies having any title or interest in any
rail properties authorized to be acquired, leased or used by this
article.
_______________(8) "Person" means individuals, corporations, partnerships or
foreign and domestic associations, including railroads.
_______________(9) "Predominantly commuter services" means that for any given
trip segment (i.e., distance between two stations), more than fifty
percent of the average daily ridership travels on the train at
least three times a week.
_______________(3) "Railroad" means a common carrier by railroad as defined
in section 1(3) of Part I of the Interstate Commerce Act (49 U.S.C.
(1) 3).
(4) "Owner" means and includes all individuals,
copartnerships, associations, corporations, companies,
transportation companies, public service corporations, the United
States or any agency or instrumentality thereof, common carriers by
rail and railroad companies having any title or interest in any
rail properties authorized to be acquired, leased or used by this
article.
(5) "Income" means and includes all money accruing to the
authority from any source.
(6) "Person" means individuals, corporations, partnerships or
foreign and domestic associations, including railroads.
(7) (10) "Rail properties" means assets or rights owned,
leased, or otherwise controlled by a railroad or other person which are used, or useful, in rail transportation service: Provided,
That rail properties does not include any properties owned, leased,
or otherwise controlled by a railroad not in reorganization, unless
it consents to such properties' inclusion in the particular
transaction.
(8) (11) "Rail service" means both freight and passenger
service.
(12) "Railroad" means a common carrier by railroad as defined
in section 1(3) of Part I of the Interstate Commerce Act (49 U.S.C.
(1) 3).
_______________(9) (13) "Railroad project" means the initiation, acquisition,
construction, maintenance, repair, equipping or operation of rail
properties or rail service, or the provisions of loans or grants to
or with government agencies, or to persons for such purposes, by
the authority.
§29-18-6. Powers, duties and responsibilities of authority
generally.
The West Virginia State Rail Authority is hereby granted, has
and may exercise all powers necessary or appropriate to carry out
and effectuate its corporate purpose.
(a) The authority may:
(1) Adopt and, from time to time, amend and repeal bylaws
necessary and proper for the regulation of its affairs and the
conduct of its business and propose rules for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine-a of this code to implement and make effective its
powers and duties.
(2) Adopt an official seal.
(3) Maintain a principal office and, if necessary, regional
suboffices at locations properly designated or provided.
(4) Sue and be sued in its own name and plead and be impleaded
in its own name and particularly to enforce the obligations and
covenants made under sections ten, eleven and sixteen of this
article. Any actions against the authority shall be brought in the
circuit court of Kanawha County. The location of the principal
office of the authority shall be determined by the Governor.
(5) Make loans and grants to governmental agencies and persons
for carrying out railroad projects by any governmental agency or
person and, in accordance with chapter twenty-nine-a of this code,
propose rules for legislative approval and procedures for making
such loans and grants.
(6) Acquire, construct, reconstruct, enlarge, improve,
furnish, equip, maintain, repair, operate, lease or rent to or
contract for operation by a governmental agency or person, railroad
projects and, in accordance with chapter twenty-nine-a of this
code, propose legislative rules for the use of these projects.
(7) Make available the use or services of any railroad project
to one or more persons, one or more governmental agencies or any
combination thereof.
(8) Issue Railroad Maintenance State Rail Authority bonds and
notes and refunding bonds of the state, payable solely from
revenues as provided in section ten of this article unless the
bonds are refunded by refunding bonds for the purpose of paying any
part of the cost of one or more railroad projects or parts thereof.
(9) Acquire, by gift or purchase, hold and dispose of real and personal property in the exercise of its powers and the performance
of its duties as set forth in this article.
(10) Acquire in the name of the state, by purchase or
otherwise, on terms and in the manner it considers proper, or by
the exercise of the right of eminent domain in the manner provided
in chapter fifty-four of this code, rail properties and appurtenant
rights and interests necessary for carrying out railroad projects.
(11) (A) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the performance
of its duties and the execution of its powers including, but not
limited to, the power to make contracts and agreements in
accordance with the provisions set forth in paragraph (B) of this
subdivision.
(B) Make and enter into contracts and agreements to acquire
rolling stock or equipment with a value of $500,000 or less exempt
from the provisions of article three, chapter five-a of this code.
The authority shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code which set forth the methods for
determining value of rolling stock or equipment to be purchased in
accordance with the provisions of paragraph (B) of this
subdivision.
(C) Where rolling stock, equipment or trackage of the
authority is in need of immediate maintenance, repair or
reconstruction in order to avoid a cessation of its operations,
economic loss, the inability to provide essential service to
customers or danger to authority personnel or the public, the
following requirements and procedures for entering into the contract or agreement to remedy the condition shall be in lieu of
those provided in article three, chapter five-a of this code or any
legislative rule promulgated pursuant thereto:
(i) If the cost under the contract or agreement involves an
expenditure of more than $1,000, but $10,000 or less, the authority
shall award the contract to or enter into the agreement with the
lowest responsible bidder based upon at least three oral bids made
pursuant to the requirements of the contract or agreement.
(ii) If the cost under the contract or agreement, other than
one for compensation for personal services, involves an expenditure
of more than $10,000, but $100,000 or less, the authority shall
award the contract to or enter into the agreement with the lowest
responsible bidder based upon at least three bids, submitted to the
authority in writing on letterhead stationery, made pursuant to the
requirements of the contract or agreement.
(D) Notwithstanding any other provision of this code to the
contrary, a contract or lease for the operation of a railroad
project constructed and owned by the authority or an agreement for
cooperation in the acquisition or construction of a railroad
project pursuant to section sixteen of this article is not subject
to the provisions of article three, chapter five-a of this code or
any legislative rule promulgated pursuant thereto and the authority
may enter into the contract or lease or the agreement pursuant to
negotiation and upon such terms and conditions and for a period of
time as it finds to be reasonable and proper under the
circumstances and in the best interests of proper operation or of
efficient acquisition or construction of the railroad project.
(E) The authority may reject any and all bids. A bond with good and sufficient surety, approved by the authority, is required
of all contractors in an amount equal to at least fifty percent of
the contract price, conditioned upon the faithful performance of
the contract.
(12) Appoint a director and employ managers, superintendents
and other employees and retain or contract with consulting
engineers, financial consultants, accountants, attorneys and other
consultants and independent contractors as are necessary in its
judgment to carry out the provisions of this article and fix the
compensation or fees thereof. All expenses thereof are payable
from the proceeds of Railroad Maintenance State Rail Authority
revenue bonds or notes issued by the authority, from revenues and
funds appropriated for this purpose by the Legislature or from
grants from the federal government which may be used for such
purpose.
(13) Receive and accept from any state or federal agency
grants for or in aid of the construction of any railroad project or
for research and development with respect to railroads and receive
and accept aid or contributions from any source of money, property,
labor or other things of value, to be held, used and applied only
for the purposes for which the grants and contributions are made.
(14) Engage in research and development with respect to
railroads.
(15) Purchase fire and extended coverage and liability
insurance for any railroad project and for the principal office and
suboffices of the authority, insurance protecting the authority and
its officers and employees against liability, if any, for damage to
property or injury to or death of persons arising from its operations and be a member of, and to participate in, the state
workers' compensation program.
(16) Charge, alter and collect rates, rentals and other
charges for the use or services of any railroad project as provided
in this article.
(17) Do all acts necessary and proper to carry out the powers
expressly granted to the authority in this article.
(b) In addition, the authority has the power to:
(1) Acquire rail properties both within and not within the
jurisdiction of the Interstate Commerce Commission and rail
properties within the purview of the federal Regional Rail
Reorganization Act of 1973, any amendments to it and any other
relevant federal legislation.
(2) Enter into agreements with owners of rail properties for
the acquisition of rail properties or use, or both, of rail
properties upon the terms, conditions, rates or rentals that can
best effectuate the purposes of this article.
(3) Acquire rail properties and other property of a railroad
in concert with another state or states as is necessary to ensure
continued rail service in this state.
(4) Administer and coordinate the state plan.
(5) Provide in the state plan for the equitable distribution
of federal rail service continuation subsidies among state, local
and regional transportation authorities.
(6) Promote, supervise and support safe, adequate and
efficient rail services.
(7) Employ sufficiently trained and qualified personnel for
these purposes.
(8) Maintain adequate programs of investigation, research,
promotion and development in connection with the purposes and to
provide for public participation therein.
(9) Provide satisfactory assurances on behalf of the state
that fiscal control and fund accounting procedures will be adopted
by the state necessary to assure proper disbursement of and
accounting for federal funds paid to the state as rail service
continuation subsidies.
(10) Comply with the regulations of the Secretary of
Transportation of the United States Department of Transportation
affecting federal rail service continuation programs.
(11) Do all things otherwise necessary to maximize federal
assistance to the state under Title IV of the federal Regional Rail
Reorganization Act of 1973 and to qualify for rail service
continuation subsidies pursuant to the federal Regional Rail
Reorganization Act of 1973.
(c) Additional authority in regard to the Maryland Area
Regional Commuter.
(1) The Rail Authority is hereby granted, has and may exercise
all aforementioned powers necessary or appropriate to coordinate
all activities with the Maryland Transit Administration to assure
the continued operation of the Maryland Area Regional Commuter into
the eastern panhandle of the state.
(2) In addition to the authority provided in subdivision (1)
of this subsection, the Rail Authority shall negotiate agreements
with the State of Maryland or the Maryland Transit Administration
for the continued operation of the commuter rail operation between
Maryland and the Washington D.C. metropolitan area and West Virginia. A commuter rail operation agreement shall provide for
quantity and quality of commuter rail service, including certain
minimum daily service at least equivalent to the level service on
the effective date of the amendments to this subsection enacted in
the Regular Session of the Legislature 2013, unless daily ridership
diminishes significantly from said date. The agreement may provide
for the payment of track access fees attributed to commuter rail
operation within the boundaries of the State. Any payments of track
access fees pursuant to the agreement shall be paid from the
special fund created in section twenty-four of this article as
provided by appropriation of the Legislature.
§29-18-24. Creation of the West Virginia Commuter Rail Access Fund.
_______________There is hereby established a special fund in the State
Treasury known as the "West Virginia Commuter Rail Access Fund."
The fund shall be administered by the Director and shall consist of
appropriations by the Legislature. Subject to Legislative
appropriation, the Director shall administer the fund to pay track
access fees pursuant to the agreement required by section six of
this article. Balances in the fund at the end of any fiscal year
shall not expire, but shall be expended for those purposes in
ensuing fiscal years.