WVC 22 - 28 - 3
§22-28-3. Creation of community infrastructure investment project;
certificate of appropriateness; rule-making authority.
(a) There is hereby created a Community Infrastructure
Investment Program within the Department of Environmental
Protection. This Program will facilitate the construction or
expansion of project facilities for the promotion of economic
development and the protection of public health and environment in
the state. Any public service district or municipal utility that
wishes to accept a project facility constructed pursuant to a
community infrastructure investment agreement with a project cost
not to exceed ten million dollars may apply to the secretary for
approval of such project. Nothing herein shall be construed to
require a public service district or municipal utility to use this
(b) Where the Secretary shall have found that the community
infrastructure investment project shall have met the requirements
contained in this article, the Secretary shall issue a certificate
of appropriateness to the municipal utility or public service
district as evidence of such approval.
(c) Municipal utilities or public service districts may
jointly enter into agreements with persons for the purpose of
applying to the Secretary of the Department of Environmental
Protection for approval of project facilities. The minimum terms
and conditions of such agreements are established by the provisions
of section four of this article.
(d) The Secretary will, by legislative rule, establish the
criteria for the approval of such projects and shall have sole
authority to make such determination.