HB 4492 — Creating the Division of Multimodal Transportation

requiring the division to relocate any such property or facilities;

providing for rules regarding relocation or removal of railroad or public utility located on division property;

requiring the division to pay for said relocation or removal;

encouraging participation of private enterprise in construction and operation of facilities;

authorizing lease back to division;

authorizing development of foreign trade zones, free trade zones, ports of entry and customs zones;

providing for specific duties related to port projects;

authorizing the division to act on behalf of the state in developing, operating, improving and maintaining ports;

authorizing the division to coordinate and cooperate with other port entities;

creating the West Virginia Multimodal Operations Fund and transference of funds and liabilities of the West Virginia Public Port Authority Operations Fund;

providing for specific duties related to rail projects;

authorizing the exercise of powers necessary to qualify for federal subsidies;

authorizing various means to carry out rail projects that are consistent with state plan with other entities;

providing authority for the division to establish, fund, construct, reconstruct, acquire, repair, replace, operate, maintain and make available to other entities railroad projects;

providing that research and development of railroads may be conducted;

providing that contracts may be entered into to acquire various rolling stock, equipment or trackage and providing the requirements therefor;

providing for the authority to enter into agreements that are beneficial to railroad projects notwithstanding other code provisions, including the authority to reject bids;

authorizing division to purchase various types of insurance;

authorizing the collection of fees for use of rail projects;

providing for the administration and coordination of a state plan, including the distribution of federal subsidies;

providing for investigation, research, promotion and development with public participation;

authorizing the provision of fiscal assurances and adoption of accounting procedures necessary to continue subsidies;

authorizing compliance with applicable federal regulations;

authorizing all actions necessary to maximize federal assistance for rail subsidies;

providing powers necessary to coordinate with the Maryland Transit Administration for continued operation in the state, including negotiation and contracting authority;

providing that any commuter rail operation agreement will meet certain service standards;

providing that any track access fees to be paid pursuant to the agreement shall be paid from the West Virginia Commuter Rail Access Fund;

authorizing sale or transfer of interest in rail property with federal approval when required;

authorizing assistance to entities seeking federal railroad service certification, including the provision of any necessary assurances or guarantees;

authorizing division to retain attorney or others to title ownership of rail properties within the state;

requiring rail properties offered for sale within the state to be offered first to the state;

providing that division may acquire railroad rights in other states and may cooperate with other states in so purchasing any rail properties;

providing for the division to give consideration to county or municipality interest in acquiring abandoned property interest and providing for the division to acquire any such abandoned property for subsequent conveyance to a county or municipality;

authorizing the division to apply for and utilize federal funds or loans in carrying out its purposes of this article;

authorizing the purchase of any railroad rolling stock, equipment and machinery necessary for the operation and maintenance of state rail properties and authorizing contracts with the Division of Highways for maintenance or purchase of vehicles;

authorizing maintenance, rebuilding or relocation of state rail properties and authorizing expenditures for the modernization, rebuilding and relocation of any rail properties owned by the state or private carrier;

providing for contracting with domestic or foreign entities to provide, maintain or improve rail transportation service on state rail properties;

providing for transfer of rail properties to other entities within the state when permitted by the Governor;

authorizing the division to resolve conflicts when multiple entities want to utilize the same rail property;

providing for proceeds from the sale of state rail property to be deposited in Railroad Maintenance Fund;

terminating Railroad Maintenance Authority Fund and creating a Railroad Maintenance Fund for proceeds and expenditures related to division’s purpose;

authorizing expenditure from any fund for study of proposed rail projects and use of funds from Railroad Maintenance Fund for study and engineering costs;

authorizing the issuance of railroad maintenance revenue bonds and notes for costs of rail projects, including issuance of renewal notes and bond refund, with aggregate amount of all issues of bonds and notes outstanding at one time not exceeding amount capable of being serviced by revenues received;

providing that issues of bonds or notes are negotiable instruments and are obligations of the division and are payable out of the revenues which are pledged for such payment;

providing for maturity date, terms of execution, sale, redemption and delivery;

authorizing the establishment of various conditions necessary to secure sufficient funds to protect bonds or notes;

providing that person executing bonds or notes is not personally liable therefor;

providing for trust agreement to secure bonds issued by division and creating conditions therefor, not including mortgage of any rail project;

allocating expenses of bond issuance or trust agreement to rail projects;

providing for civil action for bondholders seeking to enforce rights granted;

providing that bonds are payable from division revenues and are not a debt of state or political subdivision;

restricting division from incurring debt on behalf of state or political subdivision;

authorizing use of proceeds from bonds to carry out division’s powers and prohibiting commingling with other funds;

providing for the investment of excess funds by West Virginia State Board of Investments;

authorizing division to collect rents or revenues for use of rail projects;

providing for cooperation with other governmental agencies to effect acquisition of rail project or bond issuance;

authorizing division to maintain rail projects in good repair;

providing that railroad maintenance bonds are lawful investments for various entities;

continuing West Virginia Commuter Rail Access Fund which is administered by division commissioner;

requiring division to establish a state rail plan that complies with federal requirements for funding;

providing specific powers and duties for director of public transit;

designation of public transit as the agency of the state responsible for administering all federal and state programs related to public transportation;

providing for assistance and cooperation of other state agencies with all multimodal sections;

providing for specific duties related to aeronautics projects;

authorizing division to advance development of aeronautics in  cooperation with municipalities;

authorizing rules necessary for public safety related to airports and aeronautics;

authorizing division to fund grants for public airport authorities;

authorizing division to receive federal funding to support airports or air navigation facilities;

providing for procedures and conditions for use of federal funds;

requiring a federal license to operate an aircraft;

allowing for the use of state and municipal facilities and services;

disposing of fees collected under this code section and providing a severability clause.

Be it enacted by the Legislature of West Virginia:

§17-16F-20.§17-16F-20.  Bonds and notes not debt of state, county, municipality, or of any political subdivision;

Bonds and notes not debt of state, county, municipality, or of any political subdivision;

The  Joint  CommitteeAdopted onRejected Enrolled Bills hereby certifies that the foregoing bill is correctly enrolled.

    ...............................................................

        Chairman, House Committee                          ...............................................................

                             Chairman, Senate Committee                                                       Originating in the House.

  In effect from passage.

    ...............................................................

                  Clerk of the House of Delegates                          ...............................................................

                                                  Clerk of the Senate                                         ...............................................................

                                                   Speaker of the House of Delegates                                                                 ...............................................................

                                                                                     President of the Senate     __________             The within ...................................................

this the...........................................

  day of ..........................................................................................................., 2022.

                                                    .............................................................

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