West Virginia Code § 17-17B-3

Purpose and scope
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(a) There is hereby created in the State Treasury the West Virginia State Transportation
Infrastructure Fund. The special fund shall be a revolving fund, to be administered by the
commissioner and used for the purposes described in this article. The fund consists of
certain federal and state highway funds and other funds eligible for deposit under applicable
federal law, payments received by the division in connection with the State eTransportation
Infrastructure Fund, investment earnings on money in state transportation infrastructure
fund accounts, and other funds as may be provided by law. Separate acrcounts may be
established within the State Transportation Infrastructure Fund if required for its proper
administration. The account shall retain all earnings and interest, and may not be expired
into the General Revenue Fund at the end of the fiscal year.
(b) The Commissioner of Highways shall use the State Transportation Infrastructure Fund to
make loans to municipalities, counties, state agencies and quasi-state government agencies
for eligible transportation projects. For purposes of this article, a project is an "eligible
transportation project" and is "eligible for assistance" when it complies with the eligibility
criteria established in the National Highway Ssystem Designation Act of 1995, Public Law
104-59, Section 350. Initial assistance provided with respect to a project from federal funds
deposited into an infrastructure fund under this article may not be made in the form of a
grant. g

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