Senate Bill No. 422
(By Senators Plymale, Wagner, Chafin,
Jones, Ross and Manchin)
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[Introduced February 21, 1994; referred to the Committee
on Transportation; and then to the Committee on Finance.]
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A BILL to amend chapter seventeen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article four-a, relating
to infrastructure planning for new roads; creating an
infrastructure planning team; powers and duties; funding;
and infrastructure development to public service district.
Be it enacted by the Legislature of West Virginia:
That chapter seventeen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article four-a, to read
as follows:
ARTICLE 4A. INFRASTRUCTURE PLANNING.
§17-4A-1. Legislative finding.
The Legislature hereby finds that when the division of
highways is planning, developing and building a new road, the
laying of water and sewer lines adjacent to the road should alsobe included in the plans, development and building of this new
road. These water and sewer lines would then be in place for the
future development of the area.
§17-4A-2. The infrastructure planning team.
The infrastructure planning team consists of nine voting
members and ex officio members. The nine voting members are: A
designee of the division of highways from the region where the
new road is being built; a designee of the division of highways
from the central state office; a designee from the environmental
engineers division of the department of health and human
resources; a designee from the local developmental authority
where the new road is being built; a designee from the regional
developmental authority in the area where the new road is being
built; a designee from the public service commission; a designee
from the division of environmental protection; a designee from
the county commission where the new road is being built who shall
serve as chairperson of the planning team; and a citizen of the
county where the new road is being built chosen by the county
commission. The ex officio members are the elected state
delegates and senators from the area where the new road is being
built.
No business may be transacted by the infrastructure planning
team in the absence of a quorum. The infrastructure planning
team shall meet prior to the development and building of a new
road. Members of the infrastructure planning team shall only
receive payment for actual expenses incurred.
§17-4A-3. Powers and duties.
The infrastructure planning team shall advise the
commissioner of the division of highways on the feasibility of an
infrastructure plan. The infrastructure planning team shall meet
to develop an infrastructure plan that includes an assessment
study of existing water and sewer lines and a feasibility study
on future development and laying of water and sewer lines. After
these studies are completed, a developmental map shall be drawn
of the proposed road route with overlays of the proposed water
and sewer lines. These studies and the map shall be presented to
the commissioner of the division of highways and shall be used by
the commissioner in the planning, developing and building of the
road.
§17-4A-4. Funding.
The money to fund this infrastructure planning team shall
come from the county or the municipality, or both, where the new
road is being built.
The money to develop and lay the water and sewer lines
adjacent to the new road shall come from the West Virginia
parkways, economic development and tourism authority fund which
shall be deposited in a special fund created by the county where
the new road is being built.
§17-4A-5. Infrastructure development to public service district.
For the purposes of this article the term "new" means a road
right-of-way being built for the first time.
After the construction of the water and sewer lines adjacentto the new road, these new lines shall be turned over to existing
utilities by expansion of boundaries of public service districts
or shall be main extensions from the municipality.
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(NOTE: The purpose of this bill is to require the Division
of Highways to include the planning, development and building of
water and sewer lines in the planning, developing and building of
new roads.)