The Legislature hereby finds that the continued and future success of the coal industry is greatly dependent upon a quality network of roads and highways. Critical market forces make it imperative for such a road system to be constructed and maintained. It is the responsibility of the state and all industry to form a partnership […]
The provisions of this article are severable and if any of its provisions shall be held unconstitutional, the decision of the court shall not impair the remaining provisions of this article. This article shall be construed liberally.
(a) "Company" means an individual, partnership or corporation licensed under the laws of the State of West Virginia and engaged in any industrial business. (b) "Industrial road" means a public road of ten miles or less in length which is vital to transporting of coal, or a road, which upon the designation of the commissioner, […]
Any company may apply to the commissioner to have a certain road designated an industrial road. The commissioner shall develop an application form. In such application the company shall agree to pay to the department one half of the amount of money needed to bring such road up to the standards needed to become an […]
The commissioner shall promulgate rules establishing a program for designating industrial public roads in the state. The criteria for such designation shall include: (a) The economic impact of such road on the coal or other companies which use such public road; (b) The impact on the citizens which use the road in their daily business; […]
The commissioner shall establish standards for construction and upgrading of industrial roads. In the design of these standards, he shall consult with representatives or organizations which represent companies. The standards shall provide for: (a) Each road to be at least sixteen feet in width in addition to any berms or shoulders; (b) Design and construction […]
There shall be created in the State Treasury a special revenue fund to be known as the "Industrial Road Construction Fund." The fund shall receive all funds contributed by companies for the construction of approved roads. Only moneys needed to pay the costs of the roads shall be withdrawn, however, the commissioner may use any […]
In addition to all other powers conferred upon the commissioner under other provisions of this code, the commissioner shall have all powers necessary to carry out the construction, planning or development of any industrial road provided for by this article.
This article shall expire on December 31, 1992, unless reauthorized by the Legislature of the State of West Virginia: Provided, That if the Governor feels the continuation of this article, before the above mentioned date, would cause a hardship, he may cancel the program. However, any project which is approved by the commissioner shall be […]
The commissioner shall have the authority to promulgate rules to effectuate this article.
