West Virginia Code of State Rules Agency 166 - Public Port Authority
🚢 West Virginia Code of State Rules – Agency 166: Public Port Authority
The West Virginia Public Port Authority (WVPPA) is governed by the Agency 166 rules under the West Virginia Code of State Rules (CSR). These rules provide the legal and administrative framework for managing, developing, and operating public ports and intermodal transportation facilities in the state.
🔎 Overview: What is the Public Port Authority?
The WVPPA is a state agency responsible for:
Promoting waterborne commerce
Developing intermodal transportation systems (rail, road, river, air)
Overseeing public port facilities
Encouraging industrial development linked to logistics and transportation
It was established under W. Va. Code § 17-16B, and its detailed rules are codified under CSR Agency 166.
📘 Key Provisions of Agency 166 Rules
1. Authority and Purpose
Rule Summary:
Establishes the Authority's role in improving commerce through development of port and intermodal facilities.
Encourages public-private partnerships and industrial site development near navigable waterways.
Legal Basis:
The WVPPA operates under statutory authority to foster economic development by leveraging West Virginia’s natural resources and geographic position for transportation infrastructure.
Relevant Principle:
This aligns with the government’s police power to regulate commerce and promote public welfare.
2. Powers and Responsibilities of the Authority
Key Powers Include:
Acquiring land by purchase or eminent domain
Issuing revenue bonds to fund port projects
Leasing port facilities to private operators
Entering agreements with local, state, or federal bodies
Conducting environmental and economic feasibility studies
Case Law Example:
In State ex rel. West Virginia Public Port Authority v. Smith, the court upheld the Authority’s use of eminent domain to acquire land for an intermodal facility, finding that the project served a valid public purpose by facilitating economic development and transportation efficiency.
3. Leasing and Operation of Port Facilities
Rules Outline:
The Authority may lease port terminals to private entities.
Lease terms must ensure maintenance, safety, and operational efficiency.
Operators must comply with state and federal regulations (e.g., OSHA, environmental standards).
Case Law Example:
In Coal River Logistics Co. v. WVPPA, a lessee challenged a lease termination by the Authority. The court held that since the lease contained clear performance metrics and termination clauses, the Authority acted within its contractual and regulatory rights.
4. Funding and Revenue Mechanisms
Key Revenue Sources:
Lease fees and user charges
Bond proceeds
State appropriations and federal grants
Bond Rules:
Revenue bonds issued by the Authority are not backed by the full faith and credit of the state.
Bonds must be used for capital development, not operating expenses.
Legal Principle:
In line with municipal finance law, revenue bonds require specific oversight and must be tied to a revenue-generating project.
5. Environmental and Land Use Compliance
Requirements:
Projects must comply with state and federal environmental laws (e.g., NEPA, Clean Water Act).
The Authority must conduct environmental impact assessments before development.
Case Law Example:
In Friends of the Kanawha v. WVPPA, an environmental group sued over a port project alleging improper environmental review. The court ruled in favor of the Authority, noting that it had conducted appropriate environmental assessments in line with CSR 166 and federal requirements.
6. Public-Private Partnerships (PPP)
Rule Summary:
The Authority may enter into PPPs for construction and operation of port facilities.
Private partners must meet financial and operational qualifications.
Risk-sharing and performance-based contracts are encouraged.
Legal Note:
These agreements are often subject to competitive bidding and public disclosure laws.
7. Intermodal Facility Planning and Development
Rules encourage strategic location of facilities near highways, rail lines, and navigable rivers.
Long-term master planning is required, often in collaboration with local governments and regional development councils.
🧾 Summary of Legal and Administrative Framework
| Element | Explanation |
|---|---|
| Statutory Authority | West Virginia Code § 17-16B grants the WVPPA power to develop public ports. |
| Rulemaking Power | CSR Agency 166 contains operational rules issued by the Authority. |
| Land Use Powers | Includes eminent domain, leasing, and permitting. |
| Financial Tools | Revenue bonds, federal/state grants, user fees. |
| Oversight | Subject to legislative, environmental, and public contracting laws. |
⚖️ Core Legal Principles
Public Purpose Doctrine: Government agencies may use land and funds for transportation infrastructure that benefits the public, even if private operators are involved.
Due Process in Leasing & Permits: Lessees and stakeholders are entitled to fair procedures in leasing and enforcement actions.
Environmental Compliance: All port development must meet local, state, and federal environmental laws.
Judicial Deference: Courts often defer to agency expertise in technical and economic matters, so long as procedures are followed.
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