H. B. 4060


(By Delegate Doyle)
[Introduced January 19, 2004; referred to the
Committee on Political Subdivisions then the Judiciary.]




A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-24-35a, relating to requiring planning commission approval of construction of a new water utility or a new sewage utility before the construction may be authorized by the public service commission; and providing definitions.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §8-24-35a, to read as follows:
ARTICLE 24. PLANNING AND ZONING.
§8-24-35a. Same -- Planning commission approval of water and sewage projects.

(a) Notwithstanding any other provision of this code to the contrary, after a comprehensive plan and an ordinance containing provisions for subdivision control and the approval of plats and replats have been adopted and a certified copy of the ordinance has been filed with the clerk of the county commission as aforesaid, the public service commission may not authorize the construction of a new water utility or a new sewage utility unless construction of the utility has been approved by the municipal planning commission, if any, of the municipality in which the construction is proposed to be located, and by the county planning commission, if any, in the case of a county plan and ordinance, of the county where the construction is proposed to be located.
(b) As used in this section:
(1) "Water utility" means and includes any person or persons, or association of persons, however associated, whether incorporated or not, including municipalities, engaged in the business of producing, furnishing, transporting, distributing or selling water for any purpose which is now or may hereafter be determined by the public service commission to be a public service.
(2) "Sewage utility" means and includes any person or persons, or association of persons, however associated, whether incorporated or not, including municipalities, engaged in the business of collecting, transporting or treating sewage.



NOTE: The purpose of the bill is to require prior approval of the affected planning commission before construction of a new water or sewage utility may be authorized by the Public Service Commission.

This section is new; therefore, strike-throughs and underscoring have been omitted.