Senate Bill No. 322
(By Senators Blatnik and Boley)
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[Introduced March 9, 1993; referred to the Committee
on the Judiciary.]
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A BILL to repeal section one-b, article thirteen-a, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
sections one and one-a of said article, all relating to
deleting consolidation of public service districts; and
deleting references to the development and consideration of
county plans related to the consolidation, merger, expansion
or dissolution of public service districts.
Be it enacted by the Legislature of West Virginia:
That section one-b, article thirteen-a, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be repealed; and that sections one and one-a of said
article be amended and reenacted, all to read as follows:
ARTICLE 13A. PUBLIC SERVICE DISTRICTS FOR WATER, SEWERAGE AND
GAS SERVICES.
§16-13A-1. Legislative findings.
The Legislature of the state of West Virginia herebydetermines and finds that the present system of public service
districts within the state has provided a valuable service at a
reasonable cost to persons who would otherwise have been unable
to obtain public utility services. To further this effort, and
to insure that all areas of the state are benefiting from the
availability of public service district utility services and to
further correct areas with health hazards, the Legislature
concludes that it is in the best interest of the public to
implement better management of public service district resources
by expanding the ability and the authority of the public service
commission to assist public service districts by offering advice
and assistance in operational, financial and regulatory affairs.
In addition to the expanded powers which shall be given to
the public service commission, the Legislature also concludes
that it is in the best interest of the public for each county
commission to review current technology available and consider
consolidating existing public service districts where it is
feasible and will not result in the interference with existing
bond instruments. Further, if such consolidation is not
feasible, the Legislature finds that it is in the best interest
of the public for each county commission to review current
technology available and consider consolidating or centralizing
the management of public service districts within its county or
multi-county area to achieve efficiency of operations. The
Legislature also finds that additional guidelines should be
imposed on the creation of new public service districts and thatcounty commissions shall dissolve inactive public service
districts as hereinafter provided. The Legislature also finds
that the public service commission shall promulgate rules and
regulations to effectuate the expanded powers given to the
commission relating to public service districts.
§16-13A-1a. Jurisdiction of the public service commission.
The jurisdiction of the public service commission relating
to public service districts shall be expanded to include the
following powers and such powers shall be in addition to all
other powers of the public service commission set forth in this
code:
(a) To study, modify, approve, deny or amend the plans
created under section one-b of this article for consolidation or
merger of public service districts and their facilities,
personnel or administration;
(b) (a) To petition the appropriate circuit court for the
removal of a public service district board member or members; and
(c) (b) To create by general order a separate division
within the public service commission to provide assistance to
public service districts in technological, operational, financial
and regulatory matters.
NOTE: The purpose of this bill is to remove from the
jurisdiction of the public service commission the power to
consider county plans for consolidation or merger of public
service districts.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new languagethat would be added.