H. B. 2513


(By Delegates Browning, Gallagher, Smith,
Staton and Manuel)

[Introduced March 9, 1993; referred to the
Committee on Finance.]



A BILL to amend article four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seventeen-d, relating to 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 article four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section seventeen-d, to read as follows:
ARTICLE 4. STATE ROAD SYSTEM.

§17-4-17d. Relocation of public utility lines, pipelines and facilities deemed a cost of construction on
highway construction and upgrading projects authorized in the Intermodal Surface Transportation Efficiency Act of 1991.
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 or upgrading of highways as authorized by the Federal Intermodal Surface Transportation Efficiency Act of 1991, and all acts amendatory and supplementary thereto.
For the purposes of this section, the term "cost of relocation" has the same meaning as in section seventeen-b of this article.



NOTE: The purpose of this bill is to authorize inclusion within the cost of highway construction the cost of relocation of public utility lines, pipelines and facilities as a result of construction or upgrading of highways authorized by the Federal Intermodal Surface Transportation Efficiency Act of 1991.

This section is new; therefore, strike-throughs and underscoring have been omitted.