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.