ENGROSSED
Senate Bill No. 613
(By Senators Unger, Jenkins, Deem, Love, McKenzie, Oliverio
and White)
____________
[Originating in the Committee on Transportation and
Infrastructure; reported February 16, 2006.]
_____________
A BILL to amend and reenact §17-4-47 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, §17-27-7 and §17-27-8, all relating to the
establishment of the West Virginia Transportation
Authority; empowering the West Virginia Transportation
Authority to assure the resourceful expenditure of
state funds for transportation projects; authorizing
the West Virginia Transportation Authority 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 West Virginia Transportation Authority and 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; providing
notice and election requirements; coordinating the
development of transportation projects with other
infrastructure projects; 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; 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 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, §17-27-7 and §17-27-8, 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 real
property used or to be used for commercial, industrial or
mercantile purposes or from and to real property that is
subdivided into lots is a matter of public concern and shall
be regulated by the state road commissioner 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 state highway that did not previously abut on it, no
rights of direct access shall accrue because of such
abutment, but the commissioner may authorize and limit
access, if any, from such property compatible with the
policies stated in said subsection and any regulations issued by the commissioner under 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 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
necessary by the commissioner to protect 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 the granting of access, the state
road commissioner shall require the owners of the real
property developed or to be developed to provide a bond in
an amount the commissioner determines to be 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.
§17-4-49. 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 any such new point of access shall be
submitted to the state road commissioner 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 shall reduce his objections to the
proposed new point of access, if any, to writing and
promptly furnish notice of such objection to the owner or owners of the real property affected and of their right to
demand a hearing thereon. A plan not so objected to within
six weeks from the time it is filed with the commissioner
shall be deemed to have been 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 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 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. Such notice shall include a description of
suggested changes deemed by the commissioner suitable to
reduce 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
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 that there is a public need for
timely acquisition, design, construction, improvement,
renovation, expansion, equipping, maintenance, operation,
implementation or installation of streets, highways and
transportation infrastructure, within the state that are
compatible with federal, state and local transportation
plans. Public revenue, including federal funds, has not kept
pace with the state's growing transportation system needs.
Thus, public need may not be wholly satisfied by existing
ways in which transportation facilities are acquired,
constructed and improved. The Legislature further finds that
authorizing highway authorities and political subdivisions
to develop plans for review by a state transportation
authority may result in the availability of such projects to
the public in a more timely or less costly fashion, thereby
serving the public safety, benefit and welfare. It is the
further intent of this article, among other things, to
encourage investment in the state by private entities and
facilitate financing mechanisms, private capital and other
funding sources that support the development or operation of
transportation projects, to the end that financing for
projects be expanded and accelerated to improve and add to the convenience of the public and such that public and
private entities may have the greatest possible flexibility
in contracting with each other for the providing of the
public services that are the subject of this article. This
article shall be liberally construed in conformity with the
purposes hereof.
§17-27-3. Definitions.
The following terms, wherever used or referred to in
this article, have the following meanings unless a different
meaning clearly appears from the context:
(1) "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, WV 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;
(2) "Transportation Authority" means the West Virginia
Transportation Authority;
(3) "Transportation project" means any undertaking for
the construction, maintenance and operation of bridges,
roads, streets, highways or alleys for the public use
together with improvements necessary to enhance public
health, safety and security. 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.
(4) "Project costs" means the capital costs, costs of
construction, expansion, renovation, repair and safety
upgrading of bridges, roads, streets and alleys, the cost of
land, equipment, machinery, installation of utilities and
other similar expenditures necessary and convenient to the
construction, operation or maintenance of a transportation
project and includes financing, interest, professional
service costs and all other charges or expenses necessary,
appurtenant or incidental to the foregoing;
(5) "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 project, 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 any electorate;
(6) "Affected local jurisdiction" means any county and
municipality in which all or a portion of a transportation
project is located;
(7) "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;
(8) "Project sponsor" means any highway authority,
political subdivision or private entity, or any combination
thereof, which proposes to plan, acquire, construct, maintain, operate or otherwise develop a transportation
project; and
(9) "Public service district" shall refer to those
public corporations and political subdivisions of the state
created pursuant to the provisions of section two, article
thirteen-a, chapter sixteen of this code.
§17-27-4. West Virginia Transportation Authority; powers.
(a) The West Virginia Transportation Authority is
hereby created. The Transportation Authority shall consist
of nine members, including the Commissioner of the Division
of Highways, and six citizens of the state, appointed by the
Governor, by and with the advice and consent of the Senate,
who are knowledgeable in matters relevant to the issues
addressed by the Transportation Authority and who shall be
broadly representative of the geographic regions of the
state. In addition to the Commissioner of Highways, three of
the voting members must be licensed professional engineers.
One voting member must be certified in transportation
planning. One voting member must be knowledgeable
concerning financing and bond issuance for public
transportation projects.
One additional member of the House
of Delegates to be appointed by the Speaker and one
additional member of the Senate to be appointed by the President shall serve on the Transportation Authority in an
advisory capacity as ex officio, nonvoting members.
(b) Citizen members are appointed to serve staggered
terms. Of the initial appointments, two shall be appointed
for terms of one year, two shall be appointed for terms of
two years and two shall be appointed for terms of three
years. After the initial appointments, all appointees shall
serve for terms of three years. Of the members appointed by
the Governor, no more than four thereof shall belong to the
same political party and at least two shall be appointed
from each congressional district. No two appointees shall be
residents of the same highway district.
(c) The Commissioner of Highways or designee serves as
chair and presiding officer of the Transportation Authority.
The Transportation Authority shall annually elect one of its
citizens members as vice chair and shall appoint a
secretary, who need not be a member of the Transportation
Authority and who shall keep records of its proceedings.
(d) The Governor may remove any appointed member for
incompetency, neglect of duty, moral turpitude or
malfeasance in office. If the Governor removes a member,
the Governor shall fill the vacancy for the remainder of the unexpired term in the same manner as the original
appointment.
(e) The Transportation Authority shall meet at least
quarterly and may meet more frequently upon the call of
Commissioner of the Division of Highways.
(f) All official actions of the Transportation
Authority shall require an affirmative vote of the majority
of members present and voting at any meeting. A quorum of
four or more voting members, including the commissioner or
his or her designee, must be present for a vote on any
official action of the Transportation Authority. No official
action may be taken by the Transportation Authority without
the approval of the commissioner.
(g) The citizen members shall not receive any salary
for the performance of their duties. Citizen members may be
reimbursed from general revenues for reasonable and
necessary expenses actually incurred in the performance of
their official duties in a manner consistent with guidelines
of the Department of Administration from funds appropriated
or otherwise made available for such purpose upon submission
of an itemized statement.
§17-27-5. Entities required to submit project plans
generally; Transportation Authority duties and powers; transportation project plan
requirements; financing options;
Transportation Authority plan review;
proprietary information.
(a) All project sponsors seeking state funds for a
transportation project shall submit a transportation project
plan to the Transportation Authority. The Transportation
Authority 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 Transportation Authority shall propose
legislative rules in accordance with article three, chapter
twenty-nine-a of this code. The Transportation Authority
shall establish comprehensive, uniform guidelines for use by
the Transportation Authority in evaluating any
transportation project plan. The guidelines shall address the following: The use of alternative sources of funding
which could finance all or a part of the transportation
project; the transportation needs of the region; project
costs; whether dedicated revenues from a project sponsor are
offered for project costs; available federal funds;
available state funds; 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; the cost effectiveness of the transportation
project as compared with alternatives which achieve
substantially the same economic development benefits; 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;
the degree to which the transportation project achieves
other state or regional planning goals; the estimated date
upon which the transportation project could commence if
funding were available and the estimated completion date of
the transportation project; and such other considerations as
the Transportation Authority may consider necessary or
appropriate to accomplish the purpose and intent of this
article.
(c) The Transportation Authority 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 includes the type
and proposed location of the transportation project; the
estimated total project costs of the transportation project;
the amount of funding assistance desired and the specific
uses of the funding; other sources of funding available or
potentially available for the transportation project;
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; a timeline for
activities to be performed by the project sponsor and
affected local jurisdictions; 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, the issuance of bonds
or notes, in-kind services, equity investment of project
sponsors; a list of public utilities that can be constructed
in coordination with the transportation project and a
statement of the plans to accommodate such; the names and addresses of the persons who may be contacted for further
information concerning the transportation project; a
statement of the projected availability and use of dedicated
revenues including user fees, lease payments and other
service payments over time; and such other information as
the Transportation Authority considers necessary to enable
it to review the transportation project. The Transportation
Authority 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 Transportation
Authority for a further detailed review, the Transportation
Authority shall advise the project sponsor of the estimated
cost of a detailed review. The project sponsor must deposit
with the Transportation Authority a bond, irrevocable letter
of credit or other acceptable instrument guaranteeing
payment by the project sponsor of the actual costs incurred
by the Transportation Authority, to a maximum of the
estimated costs, for a detailed review prior to the
initiation of the detailed review.
(d) In evaluating any transportation project, the
Transportation Authority may rely upon internal staff
reports or the advice of outside advisors or consultants. The Transportation Authority may procure such services with
the consent of the commissioner.
(e) The Transportation Authority shall encourage
collaboration among a project sponsor, 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.
(f) The Transportation Authority may recommend those
transportation projects which are a prudent and resourceful
expenditure of funds and which utilize alternative funding
sources to the Governor. No proposal may be recommended or
approved which is inconsistent with the Division of
Highways' twenty-year long range plans or other
transportation plans.
(g) The Transportation Authority shall prepare and
publish an annual report of its 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
Transportation Authority 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 Infrastructure Act funds, state
infrastructure banks (SIBS), private activity bonds or other
matters respecting transportation deemed by the
Transportation Authority to be in the public interest. The
Transportation Authority 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.
(h) The Transportation Authority 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.
§17-27-6. 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 the
establishing, constructing, improving, extending,
developing, maintaining or operating of such transportation
project or any part thereof. Any 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 shall be 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 which shall be 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 or operating, or any combination of
the foregoing, a transportation project or for refunding any
outstanding bonds, the proceeds of which were applied to any
of said purposes, said bonds shall be issued and delivered
to the county commission to be by it sold 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 such
bonds. In any order for the issuance of bonds for such
purposes, 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 deemed 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 deemed 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 of Highways. Further, a county commission is
authorized to create trusts of such kind 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 such
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 may be deemed 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) purpose or purposes for
which the proceeds of bonds are to be expended; (3) total
indebtedness, bonded or otherwise; (4) amount of the proposed bond issue; (5) maximum term of bonds and series;
(6) maximum rate of interest; (7) 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 the
foregoing county commissions under this section for a
transportation project shall be deposited in a special
account and shall be 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
thirteen, article thirteen, chapter eight 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.
§17-27-7. Approval of Commissioner of Highways necessary;
authority over transportation projects
accepted into the state road system; use of
state road funds.
Notwithstanding anything in this article to the
contrary, no transportation project may be recommended or
approved by the Transportation Authority without the
approval of the Commissioner of Highways, nor may state road
funds 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.
No transportation project may become part of the state
road system without the approval of the Commissioner. 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 approval of the
commissioner.
§17-27-8. 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 for Public Service
Commission approval.
(a) The Transportation Authority 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 such agreement shall contain at a minimum
engineering and construction standards, terms regarding the
revenue sources and allocation of project costs and
confirmation that the agreement does not violate any
existing bond covenants. No agreement may modify the terms
or provisions of a transportation plan approved by the
Transportation Authority without the approval of the
authority. 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 Division
of Health pursuant to the provisions of this code.
(f) Nothing herein 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.