ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2513
(Delegates Browning, Gallagher, Smith, Staton and Manuel)
[Passed April 9, 1993; in effect ninety days from passage.]
AN ACT to amend and reenact section seventeen-b, article four,
chapter seventeen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
relocation of public utility lines to accommodate a
federal-aid interstate or Appalachian highway project;
defining terms; and including public utility relocation
costs and relocation costs of any pipeline company subject
to the jurisdiction of the federal energy regulatory
commission as a cost of construction or upgrading of
highways under the Federal Intermodal Surface Transportation
Efficiency Act of 1991.
Be it enacted by the Legislature of West Virginia:
That section seventeen-b, article four, chapter seventeen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 4. STATE ROAD SYSTEM.
§17-4-17b. Relocation of public utility lines to accommodatefederal-aid highway projects.
(a) Whenever the commissioner of highways determines that
any public utility line or facility located upon, across or under
any portion of a state highway needs to be relocated in order to
accommodate a federal-aid interstate or Appalachian highway
project, he or she shall notify the public utility owning or
operating the facility which shall relocate the same in
accordance with the order of the commissioner. The cost of the
relocation shall be paid out of the state road fund in all cases
involving the interstate or the Appalachian system where
proportionate reimbursement of the cost shall be obtained by the
commissioner of highways from the United States pursuant to the
"Federal Aid Highway Act of 1956" or the "Appalachian Regional
Development Act of 1965," as amended, and all acts amendatory or
supplementary thereto:
Provided,
That the cost of any relocation
of municipally owned utility facilities and water or sanitary
districts or authorities shall be paid out of state road funds in
any case involving any federal-aid system where proportionate
reimbursement of such cost shall be obtained by the commissioner
of highways from the United States.
(b) For the purposes of this section, the term, "cost of
relocation," includes the entire amount paid by the utility,
exclusive of any right-of-way costs incurred by the utility,
properly attributable to the relocation after deducting therefrom
any increase in the value of the new facility and salvage value
derived from the old facility.
The cost of relocating utility facilities, as defined in
this section, in connection with any federal-aid interstate orAppalachian highway project is hereby declared to be a cost of
highway construction.
(c) The commissioner of highways is hereby authorized to
include within the cost of highway construction the cost of
relocation necessarily incurred by any public utility, and any
pipeline company subject to the jurisdiction of the federal
energy regulatory commission, in relocating any public utility
line, pipeline or facility as a result of the construction of any
fully or partially controlled access highway as a part of the
national highway system as authorized by the "Federal Intermodal
Surface Transportation Efficiency Act of 1991", and all acts
amendatory and supplementary thereto as of the twentieth day of
March, one thousand nine hundred ninety-three. The provisions of
article five-a, chapter twenty-one of this code apply to all work
performed pursuant to the provisions of this subsection.