Introduced Version
House Bill 2093 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2093
(By Delegates Fleischauer, Barill, Manypenny,
Caputo, Manchin and Wells)
[Introduced February 13, 2013; 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-8a, relating
to requiring the Commissioner of Highways to require bonds be
posted in connection with major construction, mineral
extraction and industrial projects that impact the roads in
the state; and granting rule-making authority.
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-8a, to read as
follows:
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-8a. Major construction, industrial projects and mineral
__________extraction.
_____(a) In addition to all other duties, powers and responsibilities given and assigned to the commissioner in this
chapter, the commissioner may require bonds be posted, or other
financial security obtained, in connection with major construction
or industrial projects, including, but not limited to, major
mineral extraction, drilling, logging projects and associated
activities that impact the roads in this state above and beyond
normal wear and tear.
_____(b) The commissioner shall, by July 1, 2013, promulgate
emergency rules pursuant to section fifteen, article three, chapter
twenty-nine-a of this code, and by December 1, 2013, promulgate
permanent rules pursuant to article three of that chapter to
implement this section.
_____(c) In promulgating the rules required by subsection (b) of
this section, the commissioner shall, at a minimum, consider the
following:
_____(1) The types of major construction activities, industrial
activities, mineral extraction projects, oil and gas drilling
projects, logging projects and similar activities that pose a
potential harm to or could potentially damage the roads in this
state;
_____(2) What constitutes "potential harm to or could potentially
damage" the roads in this state;
_____(3) The amount of bond or other financial security to be
required; and
_____(4) Requiring those engaged in the projects and activities
covered by this section give notice of their proposed activities,
the amount of time between when the project or activities are to
begin and when the notice is required, the materials required to be
included in the notice and any other information the commissioner
determines is necessary to be submitted before an informed decision
may be made on the type and amount of financial security to be
required.
NOTE: The purpose of this bill is to permit the Commissioner
of Highways to require bonds be posted in connection with major
construction, mineral extraction and industrial projects that
impact the roads in this state. The bill also grants rule-making
authority.
This section is new; therefore, it has been completely
underscored.