§17-16A-13a Public notice and hearing requirements. - West Virginia Statutes

§17-16A-13a. Public notice and hearing requirements.
(a) Notwithstanding any provision of the law to the contrary, on and after the first day of July, two thousand six, unless the parkways authority satisfies the public notice and hearing requirements set forth in this section, it may not:

(1) Increase any rates, tolls or charges along any portion of the parkway, or approve any proposal or contract that would result in or require an increase in any rates or tolls along any portion of the parkway;

(2) Issue any refunding bond pursuant to sections twenty-one and twenty-two of this article which would require the parkways authority to increase rates, tolls or charges;

(3) Approve any contract or project which would require or result in an increase in the rates, tolls or charges along any portion of the parkway; or,

(4) Take any other action which would require or result in an increase in the rates, tolls or charges along any portion of the parkway.

(b) The parkways authority shall publish notice of any proposed contract, project or bond which would result in or require an increase in any toll rates or charges, or the extension of any bond repayment obligation, along with the associated rate increase or revised bond repayment period, by a Class II legal advertisement in accordance with the provisions of article three, chapter fifty-nine of this code, published and of general circulation in each county which borders the parkway.

(c) Once notice has been provided in accordance with the provisions of this section, the parkways authority shall conduct a public hearing in each county which borders the parkway, and any citizen may communicate by writing to the parkways authority his or her opposition to or approval of such proposal or rate or toll increase or amended bond terms. The public notice and written public comment period shall be conducted not less than forty-five days from the publication of the notice and the affected public must be provided with at least twenty days' notice of each scheduled public hearing.

(d) All studies, records, documents and other materials which were considered by the parkways authority before recommending the approval of any such project or recommending the adoption of any such increase shall be made available for public inspection for a period of at least twenty days prior to the scheduled hearing at a convenient location in each county where a public hearing shall be held.

(e) At the conclusion of all required public hearings, the parkways authority shall render a final decision which shall include written findings of fact supporting its final decision on any proposed project which would result in or require a rate increase, or prior to finally approving any proposed rate or toll increase, and such required findings and conclusions must reference and give due consideration to the public comments and additional evidence offered during the public hearings.

(f) On and after the first day of July, two thousand six, any final action taken by the parkways authority to approve or implement any proposed rate increase, contract or project which would require or result in a proposed increase of any rate or tolls along any portion of the parkway without first satisfying the public notice and hearing requirements of this section, shall be null and void.