H. C. R. 34--"Requesting the Joint Committee on Government and Finance to conduct a study of the need for a statutory underground facilities damage prevention system, or 'One-Call' system."
Whereas, There are thousand of miles of underground utility lines, pipelines, telecommunications and other facilities throughout this State, and the mileage is increasing yearly as old facilities are upgraded and new facilities are installed to meet the needs of the State and its citizens; and
Whereas, Economic and social development mandates that new construction of highways, buildings and other structures takes place which necessarily entails excavation above and around such underground facilities; and
Whereas, Forty-three states have adopted a statutory underground facilities damage prevention system, or "One-Call" system, which requires communication and cooperation between excavators and operators of underground facilities in order to enhance the safety of the public and to minimize the risk of damage to such facilities and disruption of utility and other services; and
Whereas, A voluntary "One-Call" system known as Miss Utility of West Virginia, Inc., has operated effectively for a number of years and has proven the benefits of such communication and cooperation; and
Whereas, Although Miss Utility has operated effectively on a voluntary basis, there are a host of operators of underground facilities which have elected, for one reason or another, not toparticipate, thus creating a potentially dangerous void in the system; and
Whereas, The federal Department of Transportation has expressed deep concerns regarding the lack of a statutory system in West Virginia and has threatened the loss of pipeline safety funding to the Public Service Commission should the State fail to develop a statutory system; and
Whereas, The many issues involved in developing a statutory "One-Call" system should be explored before the same is adopted; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to conduct a study of the need for a statutory underground facilities damage prevention system, or "One-Call" system, and if said committee determines that some type of such a system is necessary and feasible, develop proposed legislation to effectuate the same; and, be it
Further Resolved, That the study subcommittee consist of five members each from the Senate and House of Delegates, one citizen member representing Miss Utility of West Virginia, Inc., one citizen member representing an operator of underground facilities which is not a member of Miss Utility, one citizen member representing public service districts, one citizen member representing municipal utilities, all to be appointed jointly by the President of the Senate and the Speaker of the House of Delegates. A representative of the Public Service Commission, to be appointed by the chairman of the Commission, shall also be a member of the subcommittee; and, be it
Further Resolved, That the Joint Committee report to theregular session of the Legislature, 1994, on its findings, conclusions and recommendations, together with drafts of any proposed legislation necessary to carry its recommendations into effect; and, be it
Further Resolved, That the expenses necessary to conduct such study, to prepare a report, and to draft proposed legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.