West Virginia Code 17-27-4 – Powers and duties of the division and other agencies that are part of the department
In addition to the powers and duties set forth elsewhere in this code, the division and any other agency that is part of the department may:
Terms Used In West Virginia Code 17-27-4
- Department: means the Department of Transportation. See West Virginia Code 17-27-2
- Division: means the Division of Highways. See West Virginia Code 17-27-2
- Private entity: means any natural person, corporation, limited liability company, partnership, joint venture or other private business entity. See West Virginia Code 17-27-2
- State: means the State of West Virginia. See West Virginia Code 17-27-2
- Transportation facility: means any public inland waterway port facility, road, bridge, tunnel, overpass or existing airport used for the transportation of persons or goods, and the structures, equipment, facilities or improvements necessary or incident thereto. See West Virginia Code 17-27-2
(1) Review proposals submitted by private entities in accordance with this article. The review shall consist of the review by the division of the conceptual proposal: Provided, That expenses of the division incurred for review of an unsolicited proposal or proposals shall be paid by the private entity submitting the proposal. The division shall take into account at all times the needs and funding capabilities of the state as a whole in terms of transportation;
(2) Enter into agreements, contracts, or other transactions with any agency that is part of the department, as well as any federal, state, county, municipal agency, or private entity;
(3) Act on behalf of the state and represent the state in the planning, financing, development, and construction of any transportation facility for which proposals have been received in accordance with the provisions of this article. Other public entities in this state shall cooperate to the fullest extent with what the division considers appropriate to effectuate the duties of the division;
(4) Exempt from disclosure any sensitive business, commercial, or financial information that is not customarily provided to business competitors that is submitted to the division for final review and approval;
(5) Exempt from disclosure any documents, communications, or information described in this section including, but not limited to, the project’s design, management, financing, and other details in accordance with § 29B-1-1 et seq. of this code; and
(6) Do any and all things necessary to carry out and accomplish the purposes of this article.