COMMITTEE SUBSTITUTE
FOR
H. B. 2513
(Delegates Browning, Gallagher, Smith, Staton and Manuel)
(Originating in the House Committee on Finance)
[March 30, 1993]
A BILL 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 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 accommodate
federal-aid highway projects.
(a) Whenever the state road commissioner of highways shall
determine that any public utility line or facility located upon,
across or under any portion of a state highway shall be relocatedin order to accommodate a federal-aid interstate or Appalachian
highway project, and upon such determination and due notice
thereof, the public utility owning or operating such facility
shall relocate the same in accordance with the order of the
commissioner; then the cost of such relocation shall be paid out
of the state road fund in all cases involving the interstate or
the Appalachian system where proportionate reimbursement of such
cost shall be obtained by the state road 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 state road commissioner of highways from
the United States.
(b) For the purposes of this section, the term, "cost of
relocation," shall include the entire amount paid by such
utility, exclusive of any right-of-way costs incurred by such
utility, properly attributable to such 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
herein, in connection with any federal-aid interstate or
Appalachian highway project is hereby declared to be a cost of
highway construction.
(c) The commissioner of highways is hereby authorized toinclude 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
section one, article five-a, chapter twenty-one shall apply to
all work performed pursuant to the provisions of this subsection.