COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 744
(By Senators Plymale, Chafin, Fanning and Stollings)
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[Originating in the Committee on Transportation and
Infrastructure; reported February 23, 2007.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §31-15A-25, relating
to infrastructure planning for new roads; and creating a
Highway Corridor Infrastructure Assistance Program.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §31-15A-25, to read as
follows:
ARTICLE 15A. West Virginia Infrastructure and Jobs Development
Council.
§31-15A-25. Highway corridor infrastructure assistance program.
(a) Definitions.
For the purposes of this bill:
"Corridor" means a highway that is part of the National Highway System or a highway designated as a corridor by the West
Virginia Department of Transportation.
"Infrastructure" includes but is not limited to water, sewer,
gas, telecommunication lines or facilities and any other lines that
bring utility service to an area.
(b) Legislative findings.
The Legislature hereby finds that when the Division of
Highways is planning, developing and building a new four lane
corridor, the laying of water, sewer, gas, telecommunication lines
or facilities and other infrastructure adjacent to the corridor
also should be included in the plans, development and building of
this new corridor. These water, sewer, gas, telecommunication
lines or facilities and other infrastructure would then be in place
for the future development of the area.
(c) The Highway Corridor Infrastructure Planning Team.
The Highway Corridor Infrastructure Planning Team consists of
nine voting members. The nine voting members are: A designee of
the Division of Highways from the region where the new corridor is
being built; a designee of the Division of Highways from the
central state office; a designee from the Environmental Engineers
Division of the Department of Health and Human Resources; the
director from the local developmental authority or authorities in
the area where the new corridor is being built who shall serve as
chair or where multiple counties are involved, the local
development directors shall select a chair to serve as chair of the
highway corridor infrastructure planning team; a designee from the public service commission, a designee from the Department of
Environmental Protection; and a designee from the West Virginia
Division of the Federal Highway Authority. The non-voting, ex
officio members are the elected state delegates and senators from
the area where the new corridor is being built.
No business may be transacted by the highway corridor
infrastructure planning team in the absence of a quorum. The
highway corridor infrastructure planning team shall meet prior to
the development and building of a new road or during the
construction of the road prior to the thirty-first day of December
two thousand eight. Members of the Highway Corridor Infrastructure
Planning Team shall only receive payment for actual expenses
incurred.
(d) Powers and duties.
The Highway Corridor Infrastructure Planning Team shall advise
the Commissioner of the Division of Highways on the feasibility of
an infrastructure plan. The Highway Corridor Infrastructure
Planning Team shall meet to develop an infrastructure plan that
includes an assessment study of existing water, sewer, gas,
telecommunication lines or facilities and other infrastructure and
a feasibility study on future development and laying of water,
sewer, gas, telecommunication lines or facilities and other
infrastructure. The Highway Corridor Infrastructure Planning Team
may adopt the local development authorities plan for infrastructure
improvements along the corridor. After these studies are
completed, a developmental map shall be drawn of the proposed corridor route with overlays of the proposed water, sewer, gas and
telecommunication lines or facilities. These studies and the map
shall be presented to the Commissioner of the Division of Highways
and shall be used by the commissioner in the planning, developing
and building of the road.
(e) Funding.
The money to develop and lay the water, sewer, gas, and
telecommunication lines adjacent to the new road shall come from
the West Virginia Highway Corridor Infrastructure Assistance Fund
which shall be deposited in a special fund created by the
Legislature at the West Virginia Infrastructure and Jobs
Development Council. In addition, a tax credit will be issued for
the construction of the utility corridor and the actual completion
of the desired infrastructure. This credit will not exceed two
million dollars per company and will require a direct or equal
match from the Corridor Infrastructure Assistance Fund.
(f) Infrastructure development to public service district.
For the purposes of this section the term "new" means a four
lane corridor being built for the first time. Once the
construction of the water, sewer, gas, telecommunication lines or
facilities and other infrastructure adjacent to the new corridor is
complete, these new lines shall be turned over to existing
utilities by expansion of boundaries of public service districts or
shall be main extensions from the municipality in coordination with
the appropriate county commission where the new corridor is being
built.
(g) Stipulations for funding.
In order for a corridor project to receive assistance from the
corridor infrastructure assistance program it must meet the
following criteria:
(1) The right of way must be a minimum of one thousand feet
long and have a width of a minimum of fifteen feet on both sides of
the planned corridor;
(2) There must be property adjacent to the planned corridor
with access and capability of development;
(3) The property should contain a minimum of acreage with
potential to generate jobs and taxes;
(4) The corridor must be an independent utility with ingress
and egress serving the public on each end:
Provided, That a project
is considered to be an independent utility if it would be
constructed absent the construction of other projects in the
project area. Portions of a multi-phased project that depend upon
other phases of the project are not an independent utility.
(5) Preference for assistance will be given to counties with
a master land use plan but the minimum of a standard corridor
master plan is required; and
(6) No more than half of the total allocation will be spent in
any one congressional district.