BillCam

WEST virginia legislature

2020 regular session

Introduced

Senate Bill 790

By Senators Cline, Smith, and Sypolt

[Introduced February 14, 2020; referred
to the Committee on Transportation and Infrastructure]

A BILL to amend and reenact §17C-17A-2, §17C-17A-3, §17C-17A-5, and §17C-17A-12 of the Code of West Virginia, 1931, as amended, all relating generally to the Commissioner of the Division of Highways to effectively manage the Coal Resource Transportation roads; defining certain terms; requiring reports be filed with the Legislative Oversight Commission on Department of Transportation Accountability; specifying information to be provided; creating the Coal Resource Transportation Advisory Committee; simplifying process for the commissioner to designate or decertify a road in the Coal Resource Transportation System; revising reporting requirements; specifying information to be provided; and correcting technical errors.

Be it enacted by the Legislature of West Virginia:

ARTICLE 17A. REGULATION OF THE COMMERCIAL TRANSPORTATION OF COAL.

§17C-17A-2. Definitions.

For purposes of this article:

(a) A “coal resource transportation road” means a road designated by the Department of Transportation Division of Highways as safe and sufficient to allow vehicles hauling coal to carry a greater gross and axle weight of up to 120,000 pounds, with a five percent variance.

(b) “Coal” or “coal by-products” means the mineral in raw or clean state and includes synthetic fuel manufactured or produced for which credit is allowable under 26 U.S.C. §29 of the Internal Revenue Code (1996).

“Commissioner” means the Commissioner of the Division of Highways.

(d) “Division” means the Division of Highways within the Department of Transportation.

(e) “Mining operation” means any activity related to extraction of coal regulated under the provisions of this code.

(f) “Operator” means the person driving a commercial motor vehicle transporting coal on any public highway of this state.

(g) “Person” means any individual, partnership, firm, society, association, trust, corporation, other business entity or any agency, unit or instrumentality of federal, state or local government.

(h) “Shipper” means the person who loads coal or causes coal to be loaded into any commercial motor vehicle that will operate on any public highway in this state.

(i) “Receiver” means the person who accepts for unloading coal from any vehicle that has operated on any public highway in this state.

(j) “Vehicle owner” means the person who as owner of a commercial motor vehicle employs, contracts or otherwise directs a driver to operate that vehicle on a public highway of this state for the purpose of transporting coal.

§17C-17A-3. Authority of the Division of Highways and Public Service Commission generally.

(a) The Division of Highways shall establish all legal vehicle weight limits for all public highways including roads within the coal resource transportation road system. Public highways shall be designated as coal resource transportation roads by the Commissioner of the Division of Highways pursuant to this article. Only state-maintained roads and public highways found in the following areas: Boone, Fayette, Lincoln, Logan, McDowell, Mercer, Mingo, Raleigh, Wayne and Wyoming counties; in Braxton county, Braxton county route 19/29 from Mine 5 haulroad to intersection of county route 36/1, county route 36/1 to intersection of county route 36 and county route 36 to the Webster County line (Webster County route 9); in Ohio County, county route 1 from the intersection of county route 7 to intersection of Riley Delaplaine Road; in Greenbrier County, routes west of Sam Black Church and southwest to the Summers County line; in Clay County, routes 4 and 16; in Nicholas County, routes 1/11, 16, 19, 19/2, 19/40, 20, 39, 41, 55 and 82; in Webster County, routes 9, 9/1, 9/2, 20, 32 and 82; and all state-maintained roads and public highways found in Washington, Malden, Louden and Cabin Creek districts, Kanawha County are eligible to qualify as part of the coal resource transportation road system. The Once designated, the division shall post signs on roads informing the public of the designation and shall also list a toll-free telephone line for public reporting of poor driving or law violations by special permit operators. The division shall provide periodic reports to the commercial motor vehicle weight and safety enforcement advisory committee as established in section two, article one-a, chapter twenty-four-a of this code Legislative Oversight Commission on Department of Transportation Accountability, established in §4-14-3 of this code, relating to the study of coal resource transportation roads. The periodic reports shall include the following at a minimum: (1) The balance in the “Coal Resource Transportation Road Fund” and the expenditures therefrom by county and project; (2) a list of any roads or road segments that are being designated or decertified as part of the system; and (3) any information requested by the Legislative Oversight Commission on Department of Transportation Accountability. The Public Service Commission shall also file periodic reports which shall include the following at a minimum: (1) Citations issued for violations of this chapter; and (2) disposition of the violations. (3) road conditions and maintenance; and (4) the amount of undue road damage attributable to coal resource transportation road system permit use The Public Service Commission shall also provide the report to the Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee.

(b) The Public Service Commission shall administer the coal resource transportation road permitting program and otherwise enforce the provisions of this article. The commission shall establish requirements for vehicle operators holding coal resource transportation road permits pursuant to §17C-17A-5 of this code consistent with federal statutory and regulatory requirements.

(1) The commission may, during normal business hours, conduct inspections of all trucking-related records of shippers, vehicle operators, vehicle owners and receivers engaged in the transportation of coal. Copies of records shall be provided to commission employees upon request. This provision may not be construed to authorize the commission to reveal trade secrets or other confidential financial information of those persons inspected; however, the commission may use any weight measurement records as evidence of a violation of this article.

(2) The commission shall establish and maintain a toll-free telephone line for public reporting of poor driving or law violations by special permit operators. In addition, the commission shall require all vehicles operating under a permit issued pursuant to the provisions of this article to clearly display on the vehicle the toll-free telephone number.

(3) The commission shall implement a study of commercial vehicle safety-related issues, including using higher education institutions and other research organizations. The commission shall provide periodic reports to the commercial motor vehicle weight and safety enforcement advisory committee as established in section two, article one-a, chapter twenty-four-a of this code relating to the study of motor vehicle weight and safety enforcement

(4) (3) The commission shall establish procedures to use electronic real time reporting of coal vehicle weights on coal resource transportation roads by shippers and receivers. The commission may require daily certified reports from shippers or receivers if electronic reporting methods are not used. The commission may authorize alternative measures of reporting that require same-day reporting of weight measurements by shippers and receivers.

(5) (4) The commission shall impose and collect from shippers of coal on the coal resource transportation road system through the use of the special permit, issued pursuant to §17C-17A-5 of this code, for the privilege of loading coal in excess of 88,000 pounds for transport on a coal resource transportation road. The fee shall be assessed in the amount of 5¢ per ton of coal hauled over the road. Revenue from the fees shall be deposited in the coal resource transportation fund created in said that section.

(c) Notwithstanding the provisions of §29A-1-3 of this code, the commission and the division shall each propose legislative rules for promulgation in accordance with the provisions of §29A-3-1 et seq. of this code to carry out their duties and responsibilities pursuant to the provisions of this article.

(d) Notwithstanding any provisions of this code to the contrary, the division may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code which would provide a process for approval by the commissioner of the division of a special crossing permit and renewals thereof. Special crossing permits authorized by this subsection would authorize the holder of the permit to operate or move a vehicle or combination of vehicles which exceed the maximum weight allowance specified in this chapter or are otherwise not in conformity with the provisions of this chapter on limited sections of public highways under specific circumstances specified in the permit: Provided, That no special crossing permit may allow the operation or movement of any vehicle or combination of vehicles on a public highway for more than one-half of a one mile: Provided, however, That no special crossing permit may allow the operation or movement of any vehicle or combination of vehicles on a public highway if the Commissioner of the Division of Highways determines there is an existing alternate off-road route available. Each special crossing permit shall contain the specific section or mileage of the public highway where operation is authorized. Special crossing permits may not exceed a three-year period and may be renewed upon approval by the Commissioner of the Division of Highways as specified in legislative rule. The Commissioner of the Division may provide for fees for the processing of applications for special crossing permits. As a condition of approval of a special crossing permit, an applicant shall agree to pay for all actual expenditures incurred by the Department of Transportation Division of Highways for the upgrading or repair of the public highway, including traffic control devices, for which the applicant seeks the special crossing permit. In addition, all holders of special crossing permits shall pay for the restoration of the public highway to its original condition after the permit has expired. The initial rule filed by the Division pursuant to this subsection shall be filed as an emergency rule

§17C-17A-5. Operation of coal trucks under special permits; weight limitations; payment of permit fees.

(a) Any vehicle, when transporting coal over certain public highways, designated as coal resource transportation roads by the commissioner of the department of highways, may be operated at the weights as set forth in this section in excess of the maximum gross weight prescribed in §17C-17-9 of this code and any other maximum weight limitations on any public highway by paying the corresponding special permit fee and otherwise complying with the provisions of this article.

(b) Special permits shall be issued subject to the following requirements:

(1) A single unit truck having one steering axle and two axles in tandem shall be limited to a maximum gross weight of 80,000 pounds with a tolerance of five percent and pay a special permit fee annually of $100;

(2) A single unit truck having one steering axle and three axles in tridem arrangement shall be limited to a maximum gross weight of 90,000 pounds with a tolerance of five percent and pay a special permit fee annually of one hundred $60 $160;

(3) A tractor-semitrailer combination with five axles shall be limited to a maximum gross weight of 110,000 thousand pounds with a tolerance of five percent and pay a special permit fee annually of $300;

(4) A tractor-semitrailer combination with six or more axles shall be limited to a maximum gross weight of 120,000 pounds with a tolerance of five percent and pay a special permit fee annually of $500.

(c) The axle loads set forth in subsection (b) of this section may in no event exceed the maximum axle load allowable based upon the minimum axle spacings as determined by the Division of Highways in accordance with generally accepted industry standards and bridge loading analysis.

(d) In order to qualify for issuance of a special permit, the applicant shall provide information that demonstrates that the vehicle, as configured, has a total combined axle rating capacity equal to or greater than the maximum amount of weight for which a special permit is sought. The information may include, but not be limited to, the manufacturer's rated capacity. In the event that manufacturer's rated capacity is not available, any other information reasonably determined by the secretary of the Department of Transportation Commissioner of the Division of Highways to give evidence of adequate combined axle rating capacity may be submitted.

(e) Special permits authorized by this section shall be issued by the commission on forms prescribed and furnished by it. The special permit indicium shall be permanently affixed immediately below the window glass on the top of the door on the driver's side of the vehicle. Lost, destroyed, stolen or otherwise unusable special permits indicia shall be replaced in accordance with legislative rules to be promulgated by the commission. The special permit indicium shall be issued to a particular vehicle and shall remain with the vehicle upon transfer of possession or ownership of the vehicle.

(f) Special permits issued pursuant to the provisions of this article are valid for a period of one year from the date of purchase: Provided, That no renewal permits shall be issued to any permittee who, at the time of the renewal, has any administrative or criminal actions pending relating to the operation of commercial motor vehicles in this or other states.

(g) For purposes of this section, the dimensional requirements of motor vehicles shall conform to all applicable federal laws and regulations. Nothing in this section may be construed or administered to jeopardize the receipt of federal funds for highway purposes.

(h) Any operator of a vehicle with a special permit issued under the provisions of this article shall submit the vehicle or combination of vehicles to weighing with portable or stationary weighing devices as required by §17C-17-10 of this code. Any driver or owner of a vehicle or combination of vehicles operating under the provisions of this section who fails or refuses to comply with any requirement of §17C-17-10 of this code forfeits all privileges granted by the special permits.

(i) Any vehicle or combination of vehicles transporting coal pursuant to the provisions of this article shall be securely covered to prevent the escape of the load on any trip exceeding a total distance of one mile on any public highway.

(j) As a condition of receipt of a special permit, vehicle owners and operators shall submit permitted vehicles to safety checks and other vehicle inspection requirements as required by legislative rules of the commission. The commission may impose additional vehicle operation and maintenance requirements by rule as the commission deems appropriate to assure the safe operation of vehicles issued a special permit.

(k) The commission shall propose rules in accordance with the provisions of §29A-3-1 et seq. of this code regarding the implementation of the requirements of this section. The rules shall be initially promulgated as emergency rules pursuant to the provisions of said article by no later than October 1, 2003

(l) The payment of the special permit fee is in addition to any state registration fee, user fee or other decal fee.

(m) All revenues generated pursuant to this section shall be credited to a special account within the road fund which is created and shall be designated as the “Coal Resource Transportation Road Fund”. Moneys of in the fund shall be used by the Division of Highways for construction, maintenance and repair of public highways and bridges over which substantial quantities of coal are transported.

(n) For periods of less than one year, the permit fee imposed by subsection (b) of this section shall be prorated to the nearest month.

§17C-17A-12. Designating special coal resource transportation roads, highways and bridges.

(a) From those counties and districts described in §17C-17A-3(a) of this code Upon receipt of an application for designation the Commissioner of the Division of Highways shall identify determine whether those public roads, highways and bridges used during the previous twelve-month period for transportation of quantities of coal in excess of fifty thousand tons or projected to be used for transporting quantities of coal in excess of fifty thousand tons during the ensuing year are appropriate for designation as part of the coal resource transportation road system. The identification process shall include the following as to each discretely identifiable section of the public highway:

(1) The current condition of the public roads, highways and bridges;

(2) The estimated quantities of coal to be transported;

(3) Any planned or necessary maintenance or improvement;

(4) The number of truck loads truckloads of coal estimated to be transported in an average day; and

(5) Any anticipated increase or decrease in the quantity of coal being transported; and

(6) (5) Other information determined by the Commissioner to be relevant.

(b) Upon completion of the identification process, but in no event later than July 1, 2003, the commissioner shall designate by order an interim the coal resource transportation road system consisting of those public roads, highways, bridges or segments thereof which may be used as special coal haulage roads consistent with the authority contained in this article. The commissioner shall establish a process for the receipt and evaluation of public comment on the designations contained within the interim coal resource transportation road system, and designate weight limits and other conditions for use of the coal resource transportation road system as public interest so provides. The commissioner shall publish, and update as needed,a directory, including supporting maps and other documents, of the interim coal resource transportation road system.

(c) By no later than January 1, 2004, the Commissioner shall designate by order the coal resource transportation road system and shall publish a directory, including supporting maps and other documents, of that road system.

(d) (c) The commissioner shall establish a process for periodic evaluation of the designations contained in the coal resource transportation road system in order to add to or delete from the road system certain additional sections of public highways. Provided, That the evaluations and modifications of the road system shall be completed at a minimum on an annual basis

(e) (d) Effective July 1, 2005 July 1, 2020, there is created the coal resource transportation designation committee Coal Resource Transportation Advisory Committee, the purpose of which is to approve advise the commissioner on the designation of additional and decertification of coal resource transportation roads pursuant to the provisions of this section. Provided, That the committee may only consider those applications for designation of roads, highways and bridges not located within those whole counties identified in section three of this article If the committee does not recommend the designation or decertification it may provide recommendations to address its specific concerns.

(f) (e) The committee consists of the following members:

(1) The Commissioner of Highways, or his or her designee;

(2) The Superintendent of the State Police, or his or her designee;

(3) One member who is representative of the coal industry, to be appointed by the Governor;

(4) One citizen member from the largest citizen action group, to be appointed by the Governor; and

(5) One member of the largest organization representing coal miners, to be appointed by the Governor; and

(6) One member of the largest organization representing the trucking industry, to be appointed by the Governor.

(g) (f) The Governor shall appoint members with the advice and consent of the Senate. Appointed members shall serve for terms of three years. No member may be appointed to serve more than two consecutive terms. The committee shall annually nominate from its members a chair, who shall hold office for one year.

(h) (g) The public members of the committee may receive compensation for attendance at official meetings, not to exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law. Committee members may be reimbursed for actual and necessary expenses incurred for each day or portion of a day engaged in the discharge of committee duties in a manner consistent with guidelines of the travel management office of the Department of Administration.

(i) (h) The committee commissioner shall accept applications from any person for designation or decertification of public roads, highways and bridges, or segments thereof in any county in the state, which may be used as special coal haulage roads consistent with the authority contained in this article. The committee commissioner shall establish a process for the receipt and evaluation of public comment on the designations contained in applications. Provided, That, prior to any designation the committee shall first have held a public hearing in the county wherein the public road, highway or bridge is located: Provided, however, That, where a public road, highway or bridge is located in more than one county, the hearing shall be conducted in the county containing the longest mileage under designation: Provided further, That prior to any public hearing the applicant shall cause notice of such public hearing or hearings by Class I legal advertisement

(j) (i) Once an application has been approved by the committee commissioner and the public road, highway or bridge has become part of the coal resource transportation road system, such route must be used for coal haulage pursuant to the provisions of this article within one year of its designation. In the event any public road, highway or bridge that is part of the coal resource transportation road system ceases to be used for coal haulage for a period of time exceeding one year, then such route may be decertified by the committee commissioner upon application by any person. The commissioner shall utilize the same process for decertification as for designation as part of the coal resource transportation system. Provided, That prior to any decertification the committee shall first have held a public hearing in the county wherein the public road, highway, or bridge is located: Provided, however, That where a public road, highway or bridge is located in more than one county, the hearing shall be conducted in the county containing the longest mileage under decertification: Provided further, That prior to any public hearing the applicant shall cause notice of such public hearing or hearings by Class I legal advertisement.

(k) Prior to rendering a final decision on any application for designation or decertification of a coal resource transportation road, the committee shall first report its findings and recommendations on each pending application to the Joint Committee on Government and Finance. The Joint Committee on Government and Finance may comment on the application which comments shall be considered by the committee. The committee may not make final any designation or decertification before thirty days after reporting its findings and recommendations on an application to the Joint Committee on Government and Finance.

(l) The coal resource transportation designation committee created in this section shall report its activities to the Secretary of Transportation who will provide the necessary staff to assist the committee in the discharge of its functions pursuant to this section

NOTE: The purpose of this bill is to simplify the process for listing or decertifying a road on the Coal Resource Transportation System by allowing the Commissioner of DOH to make those decisions with advice from the Coal Resource Transportation Advisory Committee. The bill also changes the reporting requirements for the DOH and the PSC to report to the Commercial Motor Vehicle Weight and Safety Advisory Committee to require reports to the Transportation Accountability Commission. The bill requires the DOH to report any potential changes to the CRTS to the Legislative Oversight Commission on Department of Transportation Accountability for consideration.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.