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."