as amended and adopted
SENATE CONCURRENT RESOLUTION NO. 17

(By Senators Anderson, Dalton, Wooton,

Ross, Minard and Dittmar)




Requesting the Joint Committee on Government and Finance to make a study of the present statutory scheme governing the consolidation and merger of local public service districts; to clarify the rights and responsibilities of the public service commission, local public service districts and county commissions regarding consolidation and merger of local public service districts; to review the role of bondholders with respect to consolidation and merger of local public service districts; and to further study the feasibility of merging and consolidating municipal service systems with public service districts.

Whereas, Present law provides for the consolidation and merger of existing local public service districts by county commissions with final approval by the public service commission; and
Whereas, Present law governing consolidation and merger of local public service districts fails to provide citizens with the authority to approve or disapprove decisions of the public service commission if they deem such action to be against the best interests of the public service district without first having exhausted all available statutory remedies, including appeal to the West Virginia supreme court of appeals; and
Whereas, The present statutory system for consolidation and merger of local public service districts has proven to be unsatisfactory and has failed to address specific pertinent interests of citizens, the public service districts and the public service commission; and
Whereas, Statutory revision is necessary to protect the interests of all parties involved in the consolidation and merger of public service districts, to clarify the rights and responsibilities of those parties and to improve the consolidation and merger process; and
Whereas, The present statutory scheme for consolidation and merger of public service districts does not allow the county commissions or the public service commission to consolidate or merge an existing public service district with a geographically adjacent municipal service system, which often may be the best solution to efficiently providing services to water or sewerage customers; and
Whereas, The present statutory scheme fails to clearly delineate the role of holders of the bonded indebtedness for public service districts when consolidation or merger of the district is proposed; and
Whereas, An analysis of the pertinent flaws in the consolidation and merger process is necessary to ensure that the needs of all concerned, and most importantly that water and sewerage services are efficiently provided to the public, are clarified and revised in the state's statutory provisions governing consolidation and merger; therefore, be it
On page three, following the resolving clause, by striking out the resolving sections and inserting in lieu thereof the following:
That the Joint Committee on Government and Finance be and is hereby requested to review, examine and study the current system for consolidation and merger of local public service districts and prepare a comprehensive revision of the statutory scheme which will address ambiguities, concerns and problems in effecting such consolidation and merger; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 1994, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the public service commission be and is hereby requested to refrain from the consolidation or merger of any public service districts, except in emergency circumstances, for a period of one year from the date of adoption of this resolution; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.