H. B. 4769


(By Delegate Boggs, (By Request))
[Introduced February 24, 2006; referred to the
Committee on Roads and Transportation then Finance.]




A BILL to amend and reenact §17-4-17d of the Code of West Virginia, 1931, as amended, relating to the payment of privately held public utilities on state funded highway construction projects.

Be it enacted by the Legislature of West Virginia:
That §17-4-17d of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
 ARTICLE 4. STATE ROAD SYSTEM.
§17-4-17d. Relocation of public utility lines on state highway construction projects.

(a) Whenever the Commissioner of Highways determines that any public utility line owned by a county or municipal governmental body or a public service district located upon, across or under any portion of a state highway needs to be relocated in order to accommodate a highway project for which proportionate reimbursement of the cost is not available from any federal program, the commissioner shall notify the public utility owning or operating the facility which shall relocate the same in accordance with the order of the commissioner, and the cost of the relocation shall be paid out of the state road fund.
(b) The commissioner may propose legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to provide for reimbursement of privately held public utilities for the cost of relocation, due to the division of highways construction or improvement projects, of their public utility lines located upon, across or under any portion of a state highway in order to accommodate a highway project for which proportionate reimbursement of the cost is not available from any federal program, with the cost of the relocation to be paid out of the state road fund.
(c) (b) For the purpose of this section, the term "cost of relocation" includes the entire amount paid by the utility, exclusive of any right-of-way costs incurred by the utility, properly attributable to the relocation after deducting therefrom any increase in the value of the new facility and salvage value derived from the old facility.
(d) (c) Any notice required by this section is sufficient if given by registered mail or certified mail, return receipt requested, addressed to any officer of the utility or to an individual if the person to whom notice is required is an individual.



NOTE: The purpose of this bill is to require privately held public utilities to bear the cost of relocation of their public utility lines located on a state highway to accommodate a highway project for which proportionate reimbursement of the cost is not available from any federal program.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.