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Introduced Version House Bill 4546 History

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Key: Green = existing Code. Red = new code to be enacted

H. B. 4546

 

         (By Delegates Cadle, Householder, Kump,

         Perdue, Ashley, Staggers, Tomblin,

         Barker, Eldridge, Skaff and Butler)

 

         [Introduced February 14, 2014; referred to the

         Committee on the Judiciary then Finance.]

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §22-28-3a and §22-28-8a, all relating to providing that the construction of pipelines to rural communities for access to municipal water services or public service district water services is a community infrastructure investment project; providing that the the municipality or local public service district may supply material for construction; authorizing construction by private contractors; and exempting the private contractors from workers’ compensation coverage or liability insurance.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §22-28-3a and §22-28-8a, all to read as follows:

§22-28-3a. Rural community access to municipal or public service district water supplies.

    (a) Residents in rural communities without access to municipal water services or public service district water services may participate in the construction of pipelines from municipal or public service district water services or water treatment plants to the rural areas or communities in question. Material for the construction of the pipelines may be furnished by the municipality or local public service district. The construction of the pipelines may be performed by private contractors or citizens who work at their own risk.

    (b) The construction of a pipeline giving rural communities access to water services from municipalities or public service districts is hereby declared to be a community infrastructure investment project. When the secretary finds that the project, for rural communities to have access to water services from municipalities or public service districts, has met the requirements contained in this article, the secretary shall issue a certificate of appropriateness to the municipal utility or public service district as evidence of the approval.

    (c) Municipal utilities or public service districts may jointly enter into agreements with private contractors for the purpose of applying to the Secretary of the Department of Environmental Protection or the local public service district for approval of project facilities. The minimum terms and conditions of such agreements are established by the provisions of section four of this article: Provided, That the agreement must also provide a waiver and release for liability of the municipal corporation or public service district in which the contractor agrees to indemnify, save harmless from and release the municipal corporation or public service district from all liability resulting from any claim for injury or damages resulting from any act or omission of the municipal corporation or public service district, the contractor incurred in the performance of the agreement.

    (d) The provisions of this section may not be construed to require a municipality or public service district to provide any materials, services, labor or equipment for a pipeline project authorized by this section.

    (e) As used in this section, “private contractor” means a person who, voluntarily and without compensation, provides services, labor, equipment or materials for the construction of a pipeline or other related infrastructure as permitted in this section.

    (f) The secretary shall propose rules for legislative approval in accordance of article three, chapter twenty-nine-a of this code relating to the construction of pipelines from municipal or public service district water services or water treatment plants to the rural areas or communities and construction of these projects by private contractors or citizens.

§22-28-8a. Exemption from Public Service Commission approval.

    All project facilities constructed or improved for the purpose of giving rural communities access to water services from municipalities or public service districts pursuant to the provisions of this article are exempt from the provisions of chapter twenty-four of this code until such time as the pipeline is transferred to the municipal utility or public service district. Nothing herein may be construed to give the Public Service Commission authority to regulate or intervene in the approval and construction of any project or agreement provided in section three-a of this article. Notwithstanding any other provision of this code to the contrary, private contractor as defined in section three-a of this article constructing a pipeline giving rural communities access to water services from municipalities or public service districts the acquisition of a project facility by a municipality or public service district under the provisions of this article are not required to subscribe to workers’ compensation or provide workers’ compensation coverage to any of their employees during the time of construction of the pipeline and are not subject to liability for injury or damages resulting from any act or omission resulting from the construction of a pipeline covered by this section and section three-a of this article.

    NOTE: The purpose of this bill is to provide that the construction of pipelines to rural communities for access to municipal water services or public service district water services is a community infrastructure investment project. The bill requires the state to supply material for construction. It authorizes construction by private contractors or private citizens and exempts the private citizens from workers’ compensation coverage.


    §22-28-3a and §22-28-8a are new; therefore, they have been completely underscored.

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