SB698 H GO AM 4-7
Roskovensky 3338
The Committee on Government Organization moves to amend the
bill on page two, by striking everything after the enacting clause
and inserting in lieu thereof the following:
"That §16-13D-1, §16-13D-2 and §16-13D-8 of the Code of West
Virginia, 1931, as amended, be amended and reenacted; that said
code be amended by adding thereto two new sections, designated §16-
13D-10a and §16-13D-10b, all to read as follows:
ARTICLE 13D. REGIONAL WATER AND WASTEWATER AUTHORITY ACT.
§16-13D-1. Statement of purpose.
It is the purpose of this article to permit certain public
agencies to make the most efficient use of their powers relating to
public water supplies and the transportation and treatment of
wastewater by enabling them to cooperate with other public agencies
on a basis of mutual advantage and thereby to provide services and
facilities to participating public agencies and to provide for the
establishment for such purpose of a quasi-governmental public
corporation which shall be known as a regional water authority, or
where appropriate, a regional wastewater authority, or regional
water and wastewater authority. The function of the regional water
authority shall be to secure a source of water on a scale larger
than is feasible for individual public agencies acting alone, and
to sell such water and to reduce maintenance costs by consolidating maintenance responsibilities to for multiple public service
districts, municipalities, publicly and privately owned water
utilities, and others and to facilitate the service of unserved
areas by extending service to customers that otherwise would not be
served. The function of the regional wastewater authority shall be
to enable public agencies to join together to provide the most
economical method of transportation and treatment of wastewater and
to provide such transportation and treatment services and to reduce
maintenance costs by consolidating maintenance responsibilities to
for multiple public service districts, municipalities, publicly and
privately owned wastewater utilities, and others and to facilitate
the service of unserved areas by extending service to customers
that otherwise would not be served. The function of the regional
water and wastewater authority shall be to enable public agencies
to join together to carry out the joint functions of both regional
water authority and a regional wastewater authority.
In addition to the purposes for which it may have originally
been created, any authority created pursuant to this article shall
have the power to enter into agreements with public agencies,
privately owned utilities, and other authorities, for the provision
of related services including, but not limited to the following:
Administration, operation and maintenance, billing and collection.
§16-13D-2. Definitions.
For the purposes of this article:
(a) The term "Authority" shall mean means any regional water
authority, regional wastewater authority or regional water and
wastewater authority organized pursuant to the provisions of this
article; and
(b) "Joint maintenance" means an authority's ability to
provide maintenance services for the facilities and other
structures of its participating members thereby allowing
participating members to share maintenance employees, equipment and
other maintenance costs necessary for the operation of a water or
wastewater system; and
(b) (c) The term "Public agency" shall mean means any
municipality, county, public service district or other political
subdivision of this state.
§16-13D-8. Powers of governing body.
For the purpose of providing a water supply, transportation
facilities, joint maintenance or treatment system to the
participating public agencies, and to provide service to unserved
areas, and others, the governing body of the authority shall have
the following powers, authorities and privileges:
(1) To accept by gift or grant from any person, firm,
corporation, trust or foundation, or from this state or any other
state or any political subdivision or municipality thereof, or from
the United States, any funds or property or any interest therein
for the uses and purposes of the authority and to hold title thereto in trust or otherwise and to bind the authority to apply
the same according to the terms of such gift or grant;
(2) To sue and be sued;
(3) To enter into franchises, contracts and agreements with
this or any other state or the United States or any municipality,
political subdivision or authority thereof, or any of their
agencies or instrumentalities, or any public or private person,
partnership, association or corporation of this state or of any
other state or the United States, and this state and any such
municipality, political subdivision, authority or any of their
agencies or instrumentalities, and any such public or private
person, partnership, association or corporation is hereby
authorized to enter into contracts and agreements with such
authority for any term not exceeding forty years for the planning,
development, construction, acquisition, maintenance or operation of
any facility or for any service rendered to, for or by said
authority;
(4) To borrow money and evidence the same by warrants, notes
or bonds as hereinafter provided in this article and to refund the
same by the issuance of refunding obligations;
(5) To acquire land and interests in land by gift, purchase,
exchange or eminent domain, such power of eminent domain to be
exercised within or without the boundaries of the authority in
accordance with provisions of article two, chapter fifty-four of this code;
(6) To acquire by purchase or lease, construct, install and
operate reservoirs, pipelines, wells, check dams, pumping stations,
water purification plants and other facilities for the production,
distribution and utilization of water, and transportation
facilities, pump stations, lift stations, treatment facilities and
other facilities for the transportation and treatment of
wastewater, and to own and hold such real and personal property as
may be necessary to carry out the purposes of its organization,
subject to the advance approval of the Public Service Commission
for any proposed acquisition, construction, installation or
operation: Provided, That the Public Service Commission shall act
on all proposals submitted under this paragraph within one hundred
twenty days of filing with the commission: Provided, however, That
if the Public Service Commission has not acted within such period
of time, approval of such proposal shall be deemed granted;
(7) To have the general management, control and supervision of
all the business, affairs, property and facilities of the
authority, and of the construction, installation, operation and
maintenance of authority improvements and to establish regulations
relating thereto;
(8) To provide for the joint maintenance of the participating
public agencies for all reservoirs, pipelines, wells, check dams,
pumping stations, water purification plants and other facilities for the production, distribution and utilization of water, and
transportation facilities, pump stations, lift stations, treatment
facilities and other facilities for the transportation and
treatment of wastewater of the participating public agencies;
(9) To extend service to unserved areas;
(8) (10) To hire and retain agents, employees, engineers and
attorneys and to determine their compensation. The governing body
shall select and appoint a general manager of the authority who
shall serve at the pleasure of said governing body. The general
manager shall have training and experience in the supervision and
administration of the system or systems operated by the authority
and shall manage and control the system under the general
supervision of said governing body. All employees, servants and
agents of the authority shall be under the immediate control and
management of said general manager. The general manager shall
perform all such other duties as may be prescribed by said
governing body and shall give the governing body a good and
sufficient surety company bond in a sum to be set and approved by
the governing body conditioned upon the satisfactory performance of
the general manager's duties. The governing body may also require
that any other employees be bonded in such amount as it shall
determine. The cost of said bonds shall be paid out of the funds
of the authority;
(9) (11) To adopt and amend rules and regulations not in conflict with the constitution and laws of this state, necessary
for the carrying on of the business, objects and affairs of the
governing body and of the authority;
(10) (12) To have and exercise all rights and powers necessary
or incidental to or implied from the specific powers granted
herein. Such specific powers shall not be considered as a
limitation upon any power necessary or appropriate to carry out the
purposes of this article.
§16-13D-10a. Joint maintenance.
Each participating public agency of the authority shall
provide to the governing body of the authority its yearly
maintenance expenses. The governing body of the authority shall
estimate the cost of providing joint maintenance to the
participating public agencies and compare the cost that would be
attributable to each participating public agency for joint
maintenance to the existing cost of maintenance expenses for each
participating public agency. The governing body of an authority
shall provide for the joint maintenance of the participating public
agencies if the governing body of the authority determines that a
significant cost savings for each participating public agency shall
occur if the authority provides the joint maintenance for each
participating public agency. If the authority is providing the
joint maintenance for each participating public agency, the
authority shall charge each participating public agency a maintenance fee to pay the expenses of the joint maintenance.
§16-13D-10b. Extension of service to unserved areas.
The governing body may extend service to unserved areas."