COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 497
(By Senators Unger, Fanning, Jenkins, Love, Stollings, Barnes and
Facemyer)
____________
[Originating in the Committee on Finance;
reported February 14, 2007.]
____________
A BILL to amend and reenact §17-4-47, §17-4-48 and §17-4-49 of the
Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new article, designated §17-27-1,
§17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6 and §17-27-7,
all relating to the creation of the West Virginia Community
Empowerment Transportation Act; authorizing the Commissioner
of Highways to establish procedures relating to the authority
and review of transportation projects; making legislative
findings; stating legislative purpose; defining certain terms
and phrases; requiring certain entities seeking state funds
for transportation projects to submit a transportation project
plan; setting forth transportation project plan requirements;
setting forth conditions for approval by the Commissioner of
Highways; authorizing county commissions to impose user fees
for the construction and maintenance of roads and transportation projects; providing credit for municipally
imposed fees; authorizing counties to issue revenue and
general obligation bonds for transportation projects after
election; providing notice and election requirements;
coordinating development of transportation projects with other
infrastructure projects; authorizing information sharing;
authorizing agreements among municipal utilities and public
service districts to participate in transportation projects;
authorizing setting of rates to include costs borne by
municipal utilities and public service districts in
coordination with transportation projects; providing exemption
from Public Service Commission approval; requiring a bond
necessary to compensate the division for improvements to
highway facilities required as a result of development;
regulating access from properties to and from state roads; and
providing recovery of cost of highway improvements from
commercial and residential developments.
Be it enacted by the Legislature of West Virginia:
That §17-4-47, §17-4-48 and §17-4-49 of the Code of West
Virginia, 1931, as amended, be amended and reenacted; and that said
code be amended by adding thereto a new article, designated
§17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6 and
§17-27-7, all to read as follows:
ARTICLE 4. STATE ROAD SYSTEM.
§17-4-47. Access from commercial, etc., property and subdivisions
to highways -- Purposes of regulation; right of
access; provisions inapplicable to controlled-access
facilities; removal of unauthorized access; bond for
access.
(a)
Access to and from state highways from and to Reciprocal
access between state highways and real property used or to be used
for commercial, industrial or mercantile purposes
or from and to
and reciprocal access between state highways and real property that
is subdivided into lots is a matter of public concern and shall be
regulated by the
state road commissioner Commissioner of Highways
to achieve the following purposes:
(1) To provide for maximum safety of persons traveling upon,
entering or leaving state highways;
(2) To provide for efficient and rapid movement of traffic
upon state highways;
(3) To permit proper maintenance, repair and drainage of state
highways; and
(4) To facilitate appropriate public use of state highways.
(b) Except where the right of access has been limited by or
pursuant to law, every owner or occupant of real property abutting
upon any existing state highway has a right of reasonable means of
ingress to and egress from such state highway consistent with those
policies expressed in subsection (a) of this section and any regulations issued by the commissioner under section forty-eight of
this article.
(c) If the construction, relocation or reconstruction of any
state highway, to be paid for, in whole or in part, with federal or
state road funds, results in the abutment of real property as
defined in subsection (a) of this section on
such the state highway
that did not previously abut on it, no rights of direct access
shall accrue because of such abutment
, but. However, the
commissioner may authorize
and or limit access
, if any, from
an
abutting property
if the property is compatible with the policies
stated in
said subsection
(a) of this section and any regulations
issued by the commissioner
under as authorized by section
forty-eight of this article.
(d) The policies expressed in this section are applicable to
state highways generally and shall in no way limit the authority of
the
state road commissioner Commissioner of Highways to establish
controlled-access facilities under the provisions of sections
thirty-nine through forty-six, inclusive, of this article.
(e) Any unauthorized access to a state highway may be removed,
blocked, barricaded or closed in any manner
deemed considered
necessary by the commissioner to protect the
safety of the public
and enforce the policies of this section and sections forty-eight,
forty-nine and fifty of this article.
(f) As a condition of granting access to a state highway, the commissioner shall require the owners of real property developed or
to be developed to provide a bond in an amount the commissioner
determines necessary to compensate the division for improvements to
highway facilities required as a result of the development. This
bond shall be held a minimum of ten years.
§17-4-48. Same -- Regulations by commissioner.
The state road commissioner The Commissioner of Highways is
hereby authorized
to issue reasonable regulations as follows:
To promulgate and promote a legislative rule or rules
specifying standards for the location, design and construction of
facilities that maximize the safety and convenience of our citizens
to state highways and any other
regulations legislative rules
necessary to carry out the policies stated in section forty-seven
of this article. Such
regulations legislative rules may be based
upon any or all of the following:
(a) Standards suggested by any public organization or
political body concerned with highway or traffic safety; or
(b) Studies, surveys or reports made for the commissioner or
for any other governmental agency; or
(c) Any other data
deemed considered relevant by the
commissioner. Regulations affecting access previously issued by
the commissioner or the
state road commission division shall
continue in effect until altered or withdrawn by the commissioner.
§17-4-49. Same -- Points of commercial, etc.; access to comply; plans, objections and procedures for new points; review of and
changes in existing points; commissioner's preliminary
determination.
(a) No new points of access to and from state highways from
and to real property used or to be used for commercial, industrial
or mercantile purposes shall be opened, constructed or maintained
without first complying with the provisions of this section and
sections forty-seven and forty-eight of this article. Access
points opened, constructed or maintained without
such compliance
are
deemed unauthorized.
(b) Plans
of for any
such new point of access shall be
submitted to the
state road commissioner Commissioner of Highways
directly and the following rules shall apply:
(1) Notice of the proposed new point of access shall be filed
with the commissioner, along with a plan of the proposed new point
of access.
(2) The commissioner shall review the plan to ensure
compliance with the policies stated in section forty-seven of this
article and with any regulations issued by the commissioner under
section forty-eight of this article.
(3)
The commissioner If the commissioner objects to a plan, he
or she shall reduce his
or her objections to the proposed new point
of access
, if any, to writing and promptly furnish notice of
such
the objection to the owner or owners of the real property affected and
advise the owner or owners of
their the right to demand a
hearing
thereon on the proposed plan and the objections. A plan
not so If a plan is not objected to within six weeks from the time
it is filed with the commissioner
shall be deemed to have been , it
is considered approved by the commissioner.
(4) In any case where the commissioner
so objects to the
proposed new point of access, the owner or owners of the real
property affected shall have reasonable opportunity for a hearing
on such objections.
(c)(1) Existing points of access to and from state highways
from and to real property used for commercial, industrial or
mercantile purposes may be reviewed by the commissioner to
determine whether such points of access comply with the policies
stated in section forty-seven of this article and with any
regulations issued by the commissioner under section forty-eight of
this article. The commissioner may direct reasonable changes in
existing points of access to and from state highways from and to
property used for commercial, industrial or mercantile purposes if
he
or she determines from accident reports or traffic surveys that
the public safety is seriously affected by such points of access
and that such reasonable changes would substantially reduce the
hazard to public safety.
When such changes require construction,
reconstruction or repair, such work shall be done at state expense
as any other construction, reconstruction or repair.
(2) If the commissioner makes a preliminary determination that
any
such changes should be made, the following rules shall apply:
(A) The commissioner shall reduce his
or her preliminary
determination to writing and promptly furnish notice of such
preliminary determination to the owner or owners of the real
property affected and of their right to demand a hearing
thereon on
the preliminary determination.
Such The commissioner's notice
shall include a description of suggested changes
deemed by the
commissioner suitable to reduce suitable for reducing the hazard to
the public safety.
(B) In any case where the commissioner makes a preliminary
determination that any
such changes should be made, the owner or
owners of the real property affected shall have reasonable
opportunity for a hearing on
such the preliminary determination.
ARTICLE 27. WEST VIRGINIA COMMUNITY EMPOWERMENT TRANSPORTATION
ACT.
§17-27-1. Short title.
The provisions of this article shall be known and referred to
as the West Virginia Community Empowerment Transportation Act.
§17-27-2. 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 controlling the transportation facilities that together comprise
the transportation infrastructure of this state;
(2) That, in addition to traditional means and methods of
putting transportation facilities 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 and other resources
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 contracting with each other as they seek to develop
projects for transportation facilities and attendant services that
are the subject of this article; and
(6) That the provisions of 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.
§17-27-3. Applicability of definitions; definitions.
For the purposes of this article, the words or terms defined
in this section, and any variation of those words or terms required
by the context, have the meanings ascribed to them in this section.
These definitions are applicable unless a different meaning clearly
appears from the context.
(1) "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 an existing or proposed transportation
facility.
(2) "Commissioner" means the Commissioner of Highways who is
the chief executive officer of the Division of Highways.
(3) "Department" means the West Virginia Department of
Transportation.
(4) "Division" refers to the Division of Highways, a division
within the West Virginia Department of Transportation.
(5) "Highway authority" or "highway association" means any
entity created by the Legislature for the advancement and
improvement of the state road and highway system, including, but
not limited to, the New River Parkway Authority, Midland Trail
Scenic Highway Association, Shawnee Parkway Authority, Corridor G
Regional Development Authority, Coalfields Expressway Authority,
Robert C. Byrd Corridor H Highway Authority, West Virginia 2 and
I-68 Authority, Little Kanawha River Parkway Authority, King Coal
Highway Authority, Coal Heritage Highway Authority, Blue and Gray
Intermodal Highway Authority and the West Virginia Eastern
Panhandle Transportation Authority 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.
(6) "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.
(7) "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 the foregoing.
(8) "Public-private partnership" means a consortium that
includes the Division of Highways, a political subdivision of this
state, a public service district, a highway authority or any
combination thereof, together with a private entity or entities,
which proposes to finance, plan, design, construct, expand,
improve, maintain or control a transportation facility.
(9) "Public service district" means a public corporation or
political subdivision of this state created pursuant to the
provisions of section two, article thirteen-a, chapter sixteen of
this code.
(10) "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 body.
(11) "Secretary" means the Cabinet Secretary of the West
Virginia Department of Transportation.
(12) "Transportation facility" means a highway, road, bridge,
tunnel, overpass, ferry, airport, public transportation facility,
vehicle parking facility, riverport facility, rail facility,
intermodal facility or other similar facility open to the public
and used for the transportation of persons or goods and any
building, structure, parking area, appurtenances or other
properties and structures needed to operate a transportation
facility.
(13) "Transportation project" means a project or proposal
intended to finance, plan, design, construct, expand, improve,
maintain or control a transportation facility as an element of the
transportation infrastructure of this state. The term
"transportation project" does not include any project that would
otherwise be under the authority of the Public Port Authority, the
Aeronautics Commission or the Parkways, Economic Development and
Tourism Authority.
(14) "User fee" means the rate, toll, fee or other charges imposed by an operator for use of all or a part of a transportation
facility.
(15) "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.
§17-27-4. Entities required to submit project plans generally;
commissioner's powers and duties to implement the
act; transportation project plan requirements;
financing options; Division of Highways plan review;
proprietary information.
(a) A governmental entity seeking state funds for a
transportation project shall submit a transportation project plan
to the commissioner. The commissioner shall review the proposed
transportation project plan and the proposed financing for the
project and shall encourage project sponsors to pursue alternative
funding sources. Alternative funding sources may include, without
limitation, utilization of tax increment financing, issuance of
general obligations bonds, revenue bonds or anticipation notes,
cooperation with other governmental units and utilities, dedicated
user fees and public-private partnerships.
(b) To implement and carry out the intent of this article, the
commissioner shall propose legislative rules in accordance with
article three, chapter twenty-nine-a of this code. The
commissioner shall establish comprehensive, uniform guidelines in
order to evaluate any transportation project plan. The guidelines
shall address the following:
(1) The use of alternative sources of funding which could
finance all or a part of the transportation project;
(2) The transportation needs of the region;
(3) Project costs;
(4) Whether dedicated revenues from a project sponsor are
offered for project costs;
(5) Available federal and state funds;
(6) The degree to which the transportation project impacts
other infrastructure projects and implements cost-effective and
efficient development of transportation projects with other
infrastructure improvements;
(7) The cost effectiveness of the transportation project as
compared with alternatives which achieve substantially the same
economic development benefits;
(8) The project sponsor's ability to operate and maintain the
transportation project or finance the continued operation and
maintenance of the transportation project if approved;
(9) The degree to which the transportation project achieves other state or regional planning goals;
(10) The estimated date upon which the transportation project
could commence if funding were available and the estimated
completion date of the transportation project; and
(11) Other factors the commissioner considers necessary or
appropriate to accomplish the purpose and intent of this article.
(c) The commissioner shall create a transportation project
plan application form which shall be used by all project sponsors
requesting funding assistance from the state for transportation
projects. The application shall require a preliminary proposal
which shall include:
(1) The projected type and location of the transportation
project;
(2) The estimated total project cost of the transportation
project;
(3) The amount of funding assistance desired and the specific
uses of the funding;
(4) Other sources of funding available or potentially
available for the transportation project;
(5) Information demonstrating the need for the transportation
project and documentation that the proposed funding of the project
is the most economically feasible alternative to completing the
transportation project;
(6) A timeline for activities to be performed by the project sponsor and affected local jurisdictions;
(7) A statement setting forth the financing of the project
costs, including the sources of the funds and identification of any
dedicated revenues, proposed debt, tax increment financing plans,
issuance of bonds or notes, in-kind services or equity investment
of project sponsors;
(8) A list of public utilities that can be constructed in
coordination with the transportation project and a statement of the
plans to accommodate such;
(9) The names and addresses of the persons who may be
contacted for further information concerning the transportation
project;
(10) A statement of the projected availability and use of
dedicated revenues including user fees, lease payments and other
service payments over time; and
(11) Other information as the commissioner considers necessary
to enable the review of the transportation project.
(d) The commissioner may also require the submission of
geographic information system mapping of the transportation project
and electronic filing of the preliminary proposal. If the
preliminary proposal is approved by the commissioner for a further
detailed review, the division shall advise the project sponsor of
the estimated cost of a detailed review. The project sponsor must
deposit with the division a bond, irrevocable letter of credit or other acceptable instrument guaranteeing payment by the project
sponsor of the actual costs incurred by the division, to a maximum
of the estimated costs, for a detailed review prior to the
initiation of the detailed review.
(e) In evaluating any transportation project, the commissioner
may rely upon internal staff reports or the advice of outside
advisors or consultants.
(f) The commissioner shall encourage collaboration among
project sponsors, affected local jurisdictions and private entities
through intergovernmental agreements and public-private
partnerships including, without limitation, recommending the
amounts and sources of funding which affected local jurisdictions
or project sponsors may pursue, which state transportation or
infrastructure agency or agencies may be consulted for appropriate
investment of public funds and alternatives to carry out the intent
of this article.
(g) The commissioner may recommend to the Governor those
transportation projects which are a prudent and resourceful
expenditure of funds and which utilize alternative funding sources.
No proposal may be recommended or approved which is inconsistent
with the division's twenty-year long range plans or other
transportation plans.
(h) The commissioner shall prepare and publish an annual
report of activities and accomplishments and submit it to the Governor and to the Joint Committee on Government and Finance on or
before the fifteenth day of December of each year. Further, the
commissioner shall prepare and transmit annually to the Governor
and the Legislature a report outlining alternative road funding
models and incentive packages. The report may also recommend
legislation relating to third-party donation of funds, materials or
services, federal credit instruments, secured loans, federal
Transportation Infrastructure Finance and Innovation Act funds,
state infrastructure banks (SIBS), private activity bonds or other
matters respecting transportation considered by the commissioner to
be in the public interest. The commissioner may consider
alternatives to the current system of taxing highway use through
motor vehicle fuel taxes including, without limitation, pilot
programs for testing technology and methods for the collection of
mileage fees.
(i) The commissioner shall take appropriate action to protect
proprietary and trade secret information, which shall be exempt
from the requirements of chapter twenty-nine-b of this code.
§17-27-5. County fees for transportation projects; general
obligation and revenue bonds; election and notice
requirements; credit for municipal service fees.
(a) Notwithstanding any code provisions to the contrary, the
county commission of each county shall have the authority to impose
by order upon users of a transportation project reasonable fees to be collected in the manner specified in the order for
transportation projects. No order imposing a fee is effective
until it is ratified by a majority of the legal votes cast by the
qualified voters of the county at a primary or general election.
The ballot question must set forth the fee, the manner in which it
will be imposed and the general use to which the proceeds of the
fee shall be put.
(b) Every county commission is hereby empowered and authorized
to issue, in the manner prescribed by law, revenue bonds or general
obligation bonds for the purpose of raising or dedicating revenue
to establish, construct, improve, extend, develop, maintain or
operate a transportation project or to refund any bonds of the
counties, the proceeds of which were expended in establishing,
constructing, improving, extending, developing, maintaining or
operating a transportation project or any part thereof. Bonds
issued for any of the purposes stated in this section shall contain
in the title or subtitle thereto the words "transportation
project", in order to identify the same, and shall be of such form,
denomination and maturity and shall bear such rate of interest as
fixed by order of the county commission. The county commission may
provide for the issuance of bonds for other lawful purposes of the
county in the same order in which provisions shall be made for the
issuance of bonds under the provisions of this section. The county
commission shall pay all of the costs and expenses of any election held to authorize the issuance of transportation project bonds.
Whenever the county commission and the requisite majority of the
legal votes cast at the election thereon shall authorize in the
manner prescribed by law, the issuance of bonds for the purpose of
establishing, constructing, improving, extending, developing,
maintaining, operating or any combination of the foregoing, a
transportation project or for the purpose of refunding any
outstanding bonds, the proceeds of which were applied to any of the
foregoing purposes, the bonds shall be issued and delivered to the
county commission to be sold by it in the manner prescribed by law
and the proceeds thereof shall be paid into the county commission
and the same shall be applied and utilized by the county commission
for the purposes prescribed by the order authorizing the issuance
of the bonds. In any order for the issuance of bonds, it shall be
a sufficient statement of the purposes for creating the debt to
specify that the same is for the purpose of establishing,
constructing, improving, extending, developing, maintaining or
operating, or any combination of the foregoing, a transportation
project and further specifying the particular establishment,
construction, improvement, extension, development, maintenance or
operation contemplated; and an order for refunding bonds shall
designate the issue and the number of bonds which it is proposed to
refund.
(c) For the purposes of this section, a county commission is authorized to sue and be sued; make contracts and guarantees; incur
liabilities; borrow or lend money for any time period considered
advisable by the county commission; sell, mortgage, lease,
exchange, transfer or otherwise dispose of its property; or pledge
its property as collateral or security for any time period
considered advisable by the commission. All sales, leases or other
disposition of real property acquired with state road funds or
federal funds, or of real property dedicated to the state road
system, must be done in accordance with applicable federal and
state law and may be done only with the approval of the
commissioner. Further, a county commission is authorized to create
trusts as will expedite the efficient management of transportation
projects and other assets owned or controlled by the county
commission. The trustee, whether individual or corporate, in any
trust shall have a fiduciary relationship with the county
commission and may be removed by the county commission for good
cause shown or for a breach of the fiduciary relationship with the
county commission. Nothing in this article is considered to effect
a waiver of the sovereign, constitutional or governmental immunity
of the state or its agencies.
(d) No revenue bonds or general obligation bonds may be issued
under this section until all questions connected with the bonds are
first submitted to a vote of the qualified voters of the county for
which the bonds are to be issued and receive a majority of all the votes cast for and against the issuance. The ballot question must
set forth: (1) The necessity for issuing the bonds; (2) the
purpose or purposes for which the proceeds of bonds are to be
expended; (3) the total indebtedness, bonded or otherwise; (4) the
amount of the proposed bond issue; (5) the maximum term of bonds
and series; (6) the maximum rate of interest; (7) the date of
election; and (8) whether the county commission is collecting fees
authorized by this section to provide funds for the payment of the
interest upon the bonds and the principal at maturity and the
approximate amount of fees necessary for this purpose.
(e) Notice of election on an order imposing a fee authorized
by this section shall be given by publication, within fourteen
consecutive days next preceding the date of the election, as a
Class II legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code and the publication
area for publication shall be the county. All of the provisions of
the general election laws of this state concerning primary or
general elections, when not in conflict with the provisions of this
section, shall apply to elections hereunder, insofar as
practicable. If a majority of the legal votes cast upon the
question be against the imposition of a fee or issuance of a bond
provided by this section, such shall not take effect, but the
question may again be submitted to a vote at any subsequent
election in the manner herein provided.
(f) All money collected or appropriated by a county commission
under this section for a transportation project shall be deposited
in a special account and disbursed for the purpose of dedicating
revenues to a transportation project.
(g) The powers conferred by this article are in addition and
supplemental to any other powers conferred upon county commissions
by the Legislature relating to streets, road maintenance or to
construct and maintain transportation facilities.
(h) In the event rates, fees and charges imposed by a
governing body of any municipality pursuant to section eight,
article thirteen, section thirteen of this code are applied to
street, bridge or road maintenance, construction, cleaning or
street lighting, persons subject to both a county fee authorized by
this section and the municipal fee shall be entitled to a full
credit equivalent to the municipal fee against the county fee
authorized by this section.
§17-27-6. Commissioner's authority over transportation projects
accepted into the state road system; use of state
road funds.
Notwithstanding anything in this article to the contrary, the
commissioner shall have 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.
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.
No state road funds may be used to finance a transportation
project without the written approval of the commissioner.
§17-27-7. 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 shall 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 shall cooperate, participate, share
information and give input when a project sponsor prepares a
transportation project plan.
(c) Pursuant to this section, municipal utilities and public
service districts are granted the authority to 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 shall
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. No infrastructure facilities shall 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 monies or dedicate revenue to
transportation project costs.
(e) Nothing contained in this article shall 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 the provisions of this code.
(f) Nothing contained in this article shall 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 the provisions of this
article.
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