SB 874 — Relating to WV Division of Multimodal Transportation

WEST VIRGINIA LEGISLATURE REGULAR SESSION OriginatingEnrolled Senate Bill 874 ByBY SenatorsSENATORS Jeffries,JEFFRIES, Martin,ARTIN, Hamilton,HAMILTON, Hunt,UNT, Oliverio,OLIVERI, Roberts,ROBERTS, Swope,SWOPE Chapman,, andHAPMAN Plymale,AND [OriginatingPLYMALE in[Passed theMarch Committee8, on2024; Economic Development;

reportedin Februaryeffect 26,90 2024]days SBfrom ORGpassage (June 6, 2024)] Enr SB 874 AAN BILLACT to amend and reenact §17-16F-1, §17-16F-3, §17-16F-4, and §17-16F-5 of the Code of West Virginia, 1931, as amended;

and to amend said code by adding thereto three new sections, designated §17-16F-10a, §17-16F-10b, and §17-16F-10c, all relating to the West Virginia Division of Multimodal Transportation;Transportation Facilities;

limiting eminent domain powers to the Division itself and prohibiting its imposition directly by local port authority districts;

The Department of Transportation, through the West Virginia Division of Multimodal Transportation Facilities, is designated as the agency of this state Enr SB 874 responsible for administering all federal and state programs related to public ports, railroads, aeronautics, airports, and air navigation facilities.

SB ORG 874 (b) The Legislature further finds and declares that the establishment of local port authority districts will enhance the efficiency and cost of the movement of goods and services to and from markets in this state and will encourage the construction and completion of local infrastructure projects for all types of transportation systems.

(b) (c) On July 1, 2022, the Public Port Authority, the West Virginia State Rail Authority, the Division of Public Transit, and the West Virginia State Aeronautics Commission are reestablished, reconstituted, and continued as the West Virginia Division of Multimodal Transportation Facilities, an agency of the state.

(c) (d) It is the intent of this article to consolidate into the West Virginia Division of Multimodal Transportation Facilities those entities and employees performing functions which will be facilitated by their consolidation.

(d) (e) On the effective date of this article, all real property interests, vehicles, equipment contracts or agreements, interests under any existing insurance policy, and records belonging to the Public Port Authority, the West Virginia State Rail Authority, the Division of Public Transit, and the West Virginia State Aeronautics Commission shall be transferred to the West Virginia Division of Multimodal Transportation Facilities.

Any state funds, special revenue funds, and all accounts Enr SB 874 created for the benefit or use of the Public Port Authority, the West Virginia State Rail Authority, the Division of Public Transit, and the West Virginia State Aeronautics Commission are transferred to SB ORG 874 the West Virginia Division of Multimodal Transportation Facilities in accordance with the provisions of this article.

“Aircraft” means any contrivance now known, or hereafter invented, used, or designed for navigation of, or flight in the ai,rair whether manned or unmanned.

Enr SB 874 “Bond” means a revenue bond or rate issued by the division to effectuate the intents and purposes of this article.

“Commissioner” means the chief operating officer and administrative head of the SB ORG 874 Multimodal Division, when such person is appointed by the Secretary of Transportation.

Intercity rail service is excluded except for that portion of service operated by or under contract with a public transit agencyagencyfor for predominantly commuter services.

Enr SB 874 “Intermodal transportation” means the successive transport of goods or passengers using more than one mode of transportation, including air, rail, ship, or roadway.

“Light rail” means a transit mode that typically is an electric railway with a light volume SB ORG 874 traffic capacity.

“Municipality” means any county, city, town, village, or other political subdivision of this state.

“Municipal” means pertaining to a municipality.

“Political subdivision” means  anyany county commission, municipality, city, town, village, or county board of education;

Enr SB 874 “Port” or “public port” means ports, airports, wayports, terminals, buildings, roadways, rights-of-way, rails, rail lines, facilities for rail, water, highway or air transportation, and such SB ORG 874 structures, equipment, facilities, or improvements as are necessary.

Enr SB 874 “West Virginia Railroad Maintenance Fund” means the West Virginia Railroad Maintenance Fund created by §17-16F-17 of this code.

1 The division shall perform all acts necessary and proper to carry out the purposes of this article and is granted the following powers and duties:

Enr SB 874 (8) To acquire, purchase, lease, construct, own, hold, operate, maintain, equip, use, and control, by eminent domain or other means, any land, property, rights, franchises, easements, ports, and such terminals, buildings, roadways, rights-of-way, rails and such structures, equipment, facilities, any and every kind or character of motive powers and conveyances or SB ORG 874 appliances necessary or proper to carry goods, wares, and merchandise over, along, upon, or through the railway, waterway or airway, or other conveyance of such transportation system, excluding pipelines or improvements, as are necessary or incident to carry out the provisions of this article, upon such terms and at such price as may be considered by it to be reasonable and to take title in the name of the state;

Enr SB 874 (14) To meet with political subdivisions of the state to assess both specific and general transportation needs of the state in terms of transportation, as well as consider feasibility studies for the purpose of determining the best site locations for transportation centers, terminals, railroads, airports, ports and harbors, and foreign trade zones;

SB ORG 874 (15) To authorize creation of local port authority districts;

(15) (16) To apply for and accept loans, grants or gifts of money, property, or service from the United States, any political subdivision, any public or private sources available, or any public or private lender or donor, to give such evidencesevidence of indebtedness as may be required and to permit the state Board of Investments to invest, as provided by this code, any funds received by the division pursuant to the provisions of this code;

(16) (17) To make loans and grants, out of any appropriation made to the division by the Legislature or out of any funds at its disposal, to governmental agencies and persons for carrying out any multimodal transportation projects by any governmental agency or person in accordance with rules adopted under this article;

(17) (18) To issue revenue bonds or request other appropriate state agencies to issue and administer revenue bonds to finance port, railroad, transit, or aeronautics projects;

(18) (19) To collect reasonable fees and charges in connection with making and servicing loans, notes, bonds, obligations, commitments, and other evidence of indebtedness, and in connection with providing technical, consulting, and project assistance services;

and (19) (20) To act, through the Department of Transportation, the division is hereby designated as the agency of this state responsible for administering all federal and state programs relating to public transportation and public transit facilities.

(a) All rules promulgated by the Public Port Authority, the West Virginia State Rail Authority, the Division of Public Transit, or the West Virginia State Aeronautics Commission in Enr SB 874 effect at the time of creation of the division shall continue in full force and effect until revised or repealed by the division.

of this code to implement the purposes of this article, including an application process for the creation of local SB ORG 874 port authority districts.

Enr SB 874 (1) One member from each political subdivision and each private entity comprising the local port authority district;

SB ORG 874 (4) At least two members with recognized ability and practical experience in economic development, freight, or logistics;

(b) The board may exercise all powers necessary and proper to implement the purpose of the local port authority district so long as those powers do not exceed or supersede the powers of the division.division:

Provided, That the power of eminent domain may only be exercised by the division itself and not by any local port authority district.

11Enr SB 874 The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.

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

Clerk of the House of Delegates Originated in the Senate.