Senate Bill No. 549
(By Senator Browning)
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[Introduced February 11, 2010; referred to the Committee on
Transportation and Infrastructure.]
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A BILL to amend and reenact §16-13A-1c, §16-13A-2, §16-13A-3, §16-
13A-5, §16-13A-8, §16-13A-9, §16-13A-18a and §16-13A-24 of the
Code of West Virginia, 1931, as amended, all relating to the
development of telecommunication and information services by
public service districts.
Be it enacted by the Legislature of West Virginia:
That §16-13A-1c, §16-13A-2, §16-13A-3, §16-13A-5, §16-13A-8,
§16-13A-9, §16-13A-18a and §16-13A-24 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 13A. PUBLIC SERVICE DISTRICTS.
§16-13A-1c. General purpose of districts.
(a) Any territory constituting the whole or any part of one or
more counties in the state so situated that the construction or
acquisition by purchase or otherwise and the maintenance,
operation, improvement and extension of, properties supplying water, sewerage or stormwater services or gas distribution
services,
telecommunication or information services or all of these
within such territory, will be conducive to the preservation of the
public health, comfort and convenience of such area, may be
constituted a public service district under and in the manner
provided by this article.
(b) The words "public service properties," when used in this
article,
shall mean and include any facility used or to be used for
or in connection with: (1) The diversion, development, pumping,
impounding, treatment, storage, distribution or furnishing of water
to or for the public for industrial, public, private or other uses
(herein sometimes referred to as "water facilities"); (2) the
collection, treatment, purification or disposal of liquid or solid
wastes, sewage or industrial wastes (herein sometimes referred to
as "sewer facilities" or "landfills"); (3) the distribution or the
furnishing of natural gas to the public for industrial, public,
private or other uses (herein sometimes referred to as "gas
utilities or gas system");
(4) the distribution or furnishing of
cable services, telephone services, Internet services, broadband
services, Internet protocol enabled services or other information
or communication services; or (4) (5) the collection, control or
disposal of stormwater (herein sometimes referred to as "stormwater
system" or "stormwater systems"), or
(5) (6) the management,
operation, maintenance and control of stormwater and stormwater
systems (herein sometimes referred to as "stormwater management program" or "stormwater management programs"). As used in this
article "stormwater system" or "stormwater systems" means a
stormwater system in its entirety or any integral part thereof used
to collect, control or dispose of stormwater, and includes all
facilities, structures and natural water courses used for
collecting and conducting stormwater to, through and from drainage
areas to the points of final outlet including, but not limited to,
any and all of the following: Inlets, conduits, outlets, channels,
ponds, drainage easements, water quality facilities, catch basins,
ditches, streams, gulches, flumes, culverts, siphons, retention or
detention basins, dams, floodwalls, pipes, flood control systems,
levies and pumping stations:
Provided, That the term "stormwater
system" or "stormwater systems" does not include highways, road and
drainage easements, or stormwater facilities constructed, owned or
operated by the West Virginia Division of Highways. As used in
this article "stormwater management program" or "stormwater
management programs" means those activities associated with the
management, operation, maintenance and control of stormwater and
stormwater systems, and includes, but is not limited to, public
education, stormwater and surface runoff water quality improvement,
mapping, planning, flood control, inspection, enforcement and any
other activities required by state and federal law:
Provided,
however, That the term "stormwater management program" or
"stormwater management programs" does not include those activities
associated with the management, operation, maintenance and control of highways, road and drainage easements, or stormwater facilities
constructed, owned or operated by the West Virginia Division of
Highways without the express agreement of the Commissioner of
Highways.
§16-13A-2. Creation of districts by county commission; enlarging,
reducing, merging, or dissolving district;
consolidation; agreements, etc.; infringing upon
powers of county commission; filing list of members
and districts with the Secretary of State.
(a) The county commission of any county may propose the
creation, enlargement, reduction, merger, dissolution, or
consolidation of a public service district by any of the following
methods: (1) On its own motion by order duly adopted, (2) upon the
recommendation of the Public Service Commission, or (3) by petition
of twenty-five percent of the registered voters who reside within
the limits of the proposed public service district within one or
more counties. The petition shall contain a description, including
metes and bounds, sufficient to identify the territory to be
embraced therein and the name of such proposed district:
Provided,
That after the effective date of this section, no new public
service district shall be created, enlarged, reduced, merged,
dissolved or consolidated under this section without the written
consent and approval of the Public Service Commission, which
approval and consent shall be in accordance with rules promulgated by the Public Service Commission and may only be requested after
consent is given by the appropriate county commission or
commissions pursuant to this section. Any territory may be
included regardless of whether or not the territory includes one or
more cities, incorporated towns or other municipal corporations
which own and operate any public service properties and regardless
of whether or not it includes one or more cities, incorporated
towns or other municipal corporations being served by privately
owned public service properties:
Provided, however, That the same
territory
shall may not be included within the boundaries of more
than one public service district except where the territory or part
thereof is included within the boundaries of a separate public
service district organized to supply water, sewerage services,
stormwater services,
telecommunication or information services or
gas facilities not being furnished within such territory or part
thereof:
Provided further, That no city, incorporated town or
other municipal corporation shall be included within the boundaries
of the proposed district except upon the adoption of a resolution
of the governing body of the city, incorporated town or other
municipal corporation consenting.
(b) The petition shall be filed in the office of the clerk of
the county commission of the county in which the territory to
constitute the proposed district is situated, and if the territory
is situated in more than one county, then the petition shall be filed in the office of the clerk of the county commission of the
county in which the major portion of the territory extends, and a
copy thereof (omitting signatures) shall be filed with each of the
clerks of the county commission of the other county or counties
into which the territory extends. The clerk of the county
commission receiving such petition shall present it to the county
commission of the county at the first regular meeting after the
filing or at a special meeting called for the consideration
thereof.
(c) When the county commission of any county enters an order
on its own motion proposing the creation, enlargement, reduction,
merger, dissolution or consolidation of a public service district,
as aforesaid, or when a petition for the creation is presented, as
aforesaid, the county commission shall at the same session fix a
date of hearing in the county on the creation, enlargement,
reduction, merger, dissolution or consolidation of the proposed
public service district, which date so fixed shall be not more than
forty days nor less than twenty days from the date of the action.
Within ten days of fixing the date of hearing, the county
commission shall provide the Executive Secretary of the Public
Service Commission with a copy of the order or petition and
notification of the time and place of the hearing to be held by the
county commission. If the territory proposed to be included is
situated in more than one county, the county commission, when fixing a date of hearing, shall provide for notifying the county
commission and clerk thereof of each of the other counties into
which the territory extends of the date so fixed. The clerk of the
county commission of each county in which any territory in the
proposed public service district is located shall cause notice of
the hearing and the time and place thereof, and setting forth a
description of all of the territory proposed to be included therein
to be given by publication as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code, and the publication area for the publication shall be
by publication in each city, incorporated town or municipal
corporation if available in each county in which any territory in
the proposed public service district is located. The publication
shall be at least ten days prior to the hearing.
(d) In all cases where proceedings for the creation,
enlargement, reduction, merger, dissolution or consolidation of the
public service districts are initiated by petition as aforesaid,
the person filing the petition shall advance or satisfactorily
indemnify the payment of the cost and expenses of publishing the
hearing notice, and otherwise the costs and expenses of the notice
shall be paid in the first instance by the county commission out of
contingent funds or any other funds available or made available for
that purpose. In addition to the notice required herein to be
published, there shall also be posted in at least five conspicuous places in the proposed public service district, a notice containing
the same information as is contained in the published notice. The
posted notices shall be posted not less than ten days before the
hearing.
(e) All persons residing in or owning or having any interest
in property in the proposed public service district shall have an
opportunity to be heard for and against its creation, enlargement,
reduction, merger, dissolution or consolidation. At the hearing
the county commission before which the hearing is conducted shall
consider and determine the feasibility of the creation,
enlargement, reduction, merger, dissolution or consolidation of the
proposed district. If the county commission determines that the
construction or acquisition by purchase or otherwise and
maintenance, operation, improvement and extension of public service
properties by the public service district will be conducive to the
preservation of public health, comfort and convenience of such
area, the county commission shall by order create, enlarge, reduce,
merge, dissolve or consolidate such public service district. If
the county commission, after due consideration, determines that the
proposed district will not be conducive to the preservation of
public health, comfort or convenience of the area or that the
creation, enlargement, reduction, merger, dissolution or
consolidation of the proposed district as set forth and described
in the petition or order is not feasible, it may refuse to enter an order creating the district or it may enter an order amending the
description of the proposed district and create, enlarge, reduce,
merge, dissolve or consolidate the district as amended.
(f) If the county commission determines that any other public
service district or districts can adequately serve the area of the
proposed public service district, whether by enlargement,
reduction, merger, dissolution or consolidation, it shall refuse to
enter the order, but shall enter an order creating, enlarging,
reducing, merging, dissolving or consolidating the area with an
existing public service district, in accordance with rules adopted
by the Public Service Commission for
such that purpose:
Provided,
That
no an enlargement of a public service district may
not occur
if the present or proposed physical facilities of the public
service district are determined by the appropriate county
commission or the Public Service Commission to be inadequate to
provide
such the enlarged service. The clerk of the county
commission of each county into which any part of such district
extends shall retain in his
or her office an authentic copy of the
order creating, enlarging, reducing, merging, dissolving or
consolidating the district:
Provided, however, That within ten
days after the entry of an order creating, enlarging, reducing,
merging, dissolving or consolidating a district,
such the order
must be filed for review and approval by the Public Service
Commission. The Public Service Commission may provide a hearing in the affected county on the matter and may approve, reject or modify
the order of the county commission if it finds it is in the best
interests of the public to do so. The Public Service Commission
shall adopt rules relating to such filings and the approval,
disapproval or modification of county commission orders for
creating, enlarging, merging, dissolving or consolidating
districts. The provisions of this section
shall do not apply to
the implementation by a county commission of an order issued by the
Public Service Commission pursuant to this section and section one-
b of this article.
(g) The county commission may, if
in its discretion it
deems
determines it necessary, feasible and proper, enlarge the district
to include additional areas, reduce the area of the district, where
facilities, equipment, service or materials have not been extended,
or dissolve the district if inactive or create or consolidate two
or more such districts. If consolidation of districts is not
feasible, the county commission may consolidate and centralize
management and administration of districts within its county or
multicounty area to achieve efficiency of operations:
Provided,
That where the county commission determines on its own motion by
order entered of record, or there is a petition to enlarge the
district, merge and consolidate districts, or the management and
administration thereof, reduce the area of the district or dissolve
the district if inactive, all of the applicable provisions of this article providing for hearing, notice of hearing and approval by
the Public Service Commission shall apply. The commission shall at
all times attempt to bring about the enlargement or merger of
existing public service districts in order to provide increased
services and to eliminate the need for creation of new public
service districts in those areas which are not currently serviced
by a public service district:
Provided, however, That where two or
more public service districts are consolidated pursuant to this
section, any rate differentials may continue for the period of
bonded indebtedness incurred prior to consolidation. The districts
may not enter into any agreement, contract or covenant that
infringes upon, impairs, abridges or usurps the duties, rights or
powers of the county commission, as set forth in this article, or
conflicts with any provision of this article.
(h) A list of all districts and their current board members
shall be filed by the county commission with the Secretary of State
and the Public Service Commission by July 1, of each year.
§16-13A-3. District to be a public corporation and political
subdivision; powers thereof; public service boards.
From and after the date of the adoption of the order creating
any public service district, it is a public corporation and
political subdivision of the state, but without any power to levy
or collect ad valorem taxes. Each district may acquire, own and
hold property, both real and personal, in its corporate name, and may sue, may be sued, may adopt an official seal and may enter into
contracts necessary or incidental to its purposes, including
contracts with any city, incorporated town or other municipal
corporation located within or without its boundaries for furnishing
wholesale supply of water for the distribution system of the city,
town or other municipal corporation, or for furnishing stormwater
services for the city, town or other municipal corporation
or for
furnishing telecommunication or information services for the city,
town or other municipal corporation, and contract for the
operation, maintenance, servicing, repair and extension of any
properties owned by it or for the operation and improvement or
extension by the district of all or any part of the existing
municipally owned public service properties of any city,
incorporated town or other municipal corporation included within
the district:
Provided, That
no a contract
shall may not extend
beyond a maximum of forty years, but provisions may be included
therein for a renewal or successive renewals thereof and shall
conform to and comply with the rights of the holders of any
outstanding bonds issued by the municipalities for the public
service properties.
The powers of each public service district shall be vested in
and exercised by a public service board consisting of not less than
three members, who shall be persons residing within the district,
who possess certain educational, business or work experience which will be conducive to operating a public service district. Each
board member shall, within six months of taking office,
successfully complete the training program to be established and
administered by the Public Service Commission in conjunction with
the Division of Environmental Protection and the Bureau
of for
Public Health. Board members
shall may not be or become
pecuniarily interested, directly or indirectly, in the proceeds of
any contract or service, or in furnishing any supplies or materials
to the district nor
shall may a former board member be hired by the
district in any capacity within a minimum of twelve months after
board member's term has expired or
such the board member has
resigned from the district board. The members shall be appointed
in the following manner:
Each city, incorporated town or other municipal corporation
having a population of more than three thousand but less than
eighteen thousand
is entitled to may appoint one member of the
board, and each city, incorporated town or other municipal
corporation having a population in excess of eighteen thousand
shall
be entitled to may appoint one additional member of the board for
each additional eighteen thousand population. The members of the
board representing
such the cities, incorporated towns or other
municipal corporations shall be residents thereof and shall be
appointed by a resolution of the governing bodies thereof and upon
the filing of a certified copy or copies of the resolution or resolutions in the office of the clerk of the county commission
which entered the order creating the district, the persons so
appointed become members of the board without any further act or
proceedings. If the number of members of the board so appointed by
the governing bodies of cities, incorporated towns or other
municipal corporations included in the district equals or exceeds
three, then
no further members
shall may not be appointed to the
board and the members so appointed are the board of the district
except in cases of merger or consolidation where the number of board
members may equal five.
If
no a city, incorporated town or other municipal corporation
having a population of more than three thousand is
not included
within the district, then the county commission which entered the
order creating the district shall appoint three members of the
board, who are persons residing within the district and residing
within the State of West Virginia, which three members become
members of the board of the district without any further act or
proceedings except in cases of merger or consolidation where the
number of board members may equal five.
If the number of members of the board appointed by the
governing bodies of cities, incorporated towns or other municipal
corporations included within the district is less than three, then
the county commission which entered the order creating the district
shall appoint such additional member or members of the board, who are persons residing within the district, as is necessary to make
the number of members of the board equal three except in cases of
merger or consolidation where the number of board members may equal
five, and the member or members appointed by the governing bodies
of the cities, incorporated towns or other municipal corporations
included within the district and the additional member or members
appointed by the county commission as aforesaid, are the board of
the district. A person may serve as a member of the board in one
or more public service districts.
The population of any city, incorporated town or other
municipal corporation, for the purpose of determining the number of
members of the board, if any, to be appointed by the governing body
or bodies thereof, is the population stated for
such the city,
incorporated town or other municipal corporation in the last
official federal census.
Notwithstanding any provision of this code to the contrary,
whenever a district is consolidated or merged pursuant to section
two of this article, the terms of office of the existing board
members shall end on the effective date of the merger or
consolidation. The county commission shall appoint a new board
according to rules promulgated by the Public Service Commission.
Whenever districts are consolidated or merged
no a provision of this
code
prohibits may not prohibit the expansion of membership on the
new board to five.
The respective terms of office of the members of the first
board shall be fixed by the county commission and shall be as
equally divided as may be, that is approximately one third of the
members for a term of two years, a like number for a term of four
years, the term of the remaining member or members for six years,
from the first day of the month during which the appointments are
made. The first members of the board appointed as aforesaid shall
meet at the office of the clerk of the county commission which
entered the order creating the district as soon as practicable after
the appointments and shall qualify by taking an oath of office:
Provided, That any member or members of the board may be removed
from their respective office as provided in section three-a of this
article.
Any vacancy shall be filled for the unexpired term within
thirty days, otherwise successor members of the board shall be
appointed for terms of six years and the terms of office shall
continue until successors have been appointed and qualified. All
successor members shall be appointed in the same manner as the
member succeeded was appointed. The district shall provide to the
Public Service Commission, within thirty days of the appointment,
the following information: The new board member's name, home
address, home and office phone numbers, date of appointment, length
of term, who the new member replaces and if the new appointee has
previously served on the board. The Public Service Commission shall notify each new board member of the legal obligation to attend
training as prescribed in this section.
The board shall organize within thirty days following the first
appointments and annually thereafter at its first meeting after
January 1, of each year by selecting one of its members to serve as
chair and by appointing a secretary and a treasurer who need not be
members of the board. The secretary shall keep a record of all
proceedings of the board which shall be available for inspection as
other public records. Duplicate records shall be filed with the
county commission and shall include the minutes of all board
meetings. The treasurer is lawful custodian of all funds of the
public service district and shall pay same out on orders authorized
or approved by the board. The secretary and treasurer shall perform
other duties appertaining to the affairs of the district and shall
receive salaries as shall be prescribed by the board. The treasurer
shall furnish bond in an amount to be fixed by the board for the use
and benefit of the district.
The members of the board, and the chair, secretary and
treasurer thereof, shall make available to the county commission,
at all times, all of its books and records pertaining to the
district's operation, finances and affairs, for inspection and
audit. The board shall meet at least monthly.
§16-13A-5. General manager of board.
The board may employ a general manager to serve a term of not more than five years and until his or her successor is employed, and
his or her compensation shall be fixed by resolution of the board.
Such general manager shall devote all or the required portion of his
or her time to the affairs of the district and may employ, discharge
and fix the compensation of all employees of the district, except
as in this article otherwise provided, and he or she shall perform
and exercise such other powers and duties as may be conferred upon
him or her by the board.
Such The general manager shall be chosen without regard to his
or her political affiliations and upon the sole basis of his or her
administrative and technical qualifications to manage public service
properties and affairs of the district and he or she may be
discharged only upon the affirmative vote of two thirds of the
board.
Such The general manager need not be a resident of the
district at the time he or she is chosen.
Such The general manager
may not be a member of the board but shall be an employee of the
board.
The board of any public service district which purchases water,
telecommunication or information services, sewer or stormwater
service from a municipal water,
telecommunication or information
services, sewer or stormwater system or another public service
district may, as an alternative to hiring its own general manager,
elect to permit the general manager of the municipal water,
telecommunication or information services sewer or stormwater system or public service district from which such water, sewer or
stormwater service is purchased provide professional management to
the district, if the appropriate municipality or public service
board agrees to provide such assistance. The general manager shall
receive reasonable compensation for such service.
§16-13A-8. Acquisition and purchase of public service properties;
right of eminent domain; extraterritorial powers.
The board may acquire any publicly or privately owned public
service properties located within the boundaries of the district
regardless of whether or not all or any part of such properties are
located within the corporate limits of any city, incorporated town
or other municipal corporation included within the district and may
purchase and acquire all rights and franchises and any and all
property within or outside the district necessary or incidental to
the purpose of the district.
The board may construct any public service properties within
or outside the district necessary or incidental to its purposes and
each such district may acquire, construct, maintain and operate any
such public service properties within the corporate limits of any
city, incorporated town or other municipal corporation included
within the district or in any unincorporated territory within ten
miles of the territorial boundaries of the district:
Provided, That
if any incorporated city, town or other municipal corporation
included within the district owns and operates either water facilities, sewer facilities, stormwater facilities,
identical
telecommunication or information services or gas facilities or all
of these, then the district may not acquire, construct, establish,
improve or extend any public service properties of the same kind
within such city, incorporated towns or other municipal corporations
or the adjacent unincorporated territory served by
such the cities,
incorporated towns or other municipal corporations, except upon the
approval of the Public Service Commission, the consent of
such the
cities, incorporated towns or other municipal corporations and in
conformity and compliance with the rights of the holders of any
revenue bonds or obligations theretofore issued by
such the cities,
incorporated towns or other municipal corporations then outstanding
and in accordance with the ordinance, resolution or other
proceedings which authorize the issuance of such revenue bonds or
obligations.
Whenever
such a district has constructed, acquired or
established water facilities, sewer facilities, a stormwater system,
stormwater management program or gas facilities for water, sewer,
stormwater,
telecommunication or information services or gas
services within any city, incorporated town or other municipal
corporation included within a district, then
the city, incorporated
town or other municipal corporation may not thereafter construct,
acquire or establish any facilities of the same kind within
such the
city, incorporated town or other municipal corporation without the consent of
such the district.
For the purpose of acquiring any public service properties or
lands, rights or easements deemed necessary or incidental for the
purposes of the district, each such district has the right of
eminent domain to the same extent and to be exercised in the same
manner as now or hereafter provided by law for such right of eminent
domain by cities, incorporated towns and other municipal
corporations:
Provided, That the power of eminent domain provided
in this section does not extend to highways, road and drainage
easements, or stormwater facilities constructed, owned or operated
by the West Virginia Division of Highways without the express
agreement of the Commissioner of Highways:
Provided, however, That
such the board may not acquire all or any substantial part of a
privately owned waterworks system unless and until authorized so to
do by the Public Service Commission of West Virginia, and that this
section
shall may not be construed to authorize any district to
acquire through condemnation proceedings either in whole or
substantial part an existing privately owned waterworks plant or
system or gas facilities located in or furnishing water or gas
service within such district or extensions made or to be made by it
in territory contiguous to
such the existing plant or system, nor
may any such board construct or extend its public service properties
to supply its services into areas served by or in competition with
existing waterworks or gas facilities or extensions made or to be made in territory contiguous to such existing plant or system by the
owner thereof.
§16-13A-9. Rules; service rates and charges; discontinuance of
service; required water and sewer connections; lien
for delinquent fees.
(a) (1) The board may make, enact and enforce all needful rules
in connection with the acquisition, construction, improvement,
extension, management, maintenance, operation, care, protection and
the use of any public service properties owned or controlled by the
district. The board shall establish rates, fees and charges for the
services and facilities it furnishes, which shall be sufficient at
all times, notwithstanding the provisions of any other law or laws,
to pay the cost of maintenance, operation and depreciation of the
public service properties and principal of and interest on all bonds
issued, other obligations incurred under the provisions of this
article and all reserve or other payments provided for in the
proceedings which authorized the issuance of any bonds under this
article. The schedule of the rates, fees and charges may be based
upon:
(A) The
utilization of telecommunication or information
services or consumption of water or gas on premises connected with
the facilities, taking into consideration domestic, commercial,
industrial and public use of water and gas;
(B) The number and kind of fixtures connected with the facilities located on the various premises;
(C) The number of persons served by the facilities;
(D) Any combination of paragraphs (A), (B) and (C) of this
subdivision; or
(E) May be determined on any other basis or classification
which the board may determine to be fair and reasonable, taking into
consideration the location of the premises served and the nature and
extent of the services and facilities furnished. However,
no rates,
fees or charges for stormwater services may
not be assessed against
highways, road and drainage easements or stormwater facilities
constructed, owned or operated by the West Virginia Division of
Highways.
(2) Where water, sewer, stormwater,
telecommunication or
information services or gas services, or any combination thereof,
are all furnished to any premises, the schedule of charges may be
billed as a single amount for the aggregate of the charges. The
board shall require all users of services and facilities furnished
by the district to designate on every application for service
whether the applicant is a tenant or an owner of the premises to be
served. If the applicant is a tenant, he or she shall state the
name and address of the owner or owners of the premises to be served
by the district. Notwithstanding the provisions of section eight,
article three, chapter twenty-four of this code to the contrary, all
new applicants for service shall deposit the greater of a sum equal to two twelfths of the average annual usage of the applicant's
specific customer class or $50, with the district to secure the
payment of service rates, fees and charges in the event they become
delinquent as provided in this section. If a district provides both
water and sewer service, all new applicants for service shall
deposit the greater of a sum equal to two twelfths of the average
annual usage for water service or $50 and the greater of a sum equal
to two twelfths of the average annual usage for wastewater service
of the applicant's specific customer class or $50. In any case
where a deposit is forfeited to pay service rates, fees and charges
which were delinquent at the time of disconnection or termination of
service, no reconnection or reinstatement of service may be made by
the district until another deposit equal to the greater of a sum
equal to two twelfths of the average usage for the applicant's
specific customer class or $50 has been remitted to the district.
After twelve months of prompt payment history, the district shall
return the deposit to the customer or credit the customer's account
at a rate as the Public Service Commission may prescribe:
Provided,
That where the customer is a tenant, the district is not required to
return the deposit until the time the tenant discontinues service
with the district. Whenever any rates, fees, rentals or charges for
services or facilities furnished remain unpaid for a period of
twenty days after the same become due and payable, the user of the
services and facilities provided is delinquent and the user is liable at law until all rates, fees and charges are fully paid. The
board may, under reasonable rules promulgated by the Public Service
Commission, shut off and discontinue water,
telecommunication or
information services or gas services to all delinquent users of
either water,
telecommunication or information services or gas
facilities, or
both all, ten days after the water,
telecommunication
or information services or gas services become delinquent.
(b)
In the event that If any publicly or privately owned
utility, city, incorporated town, other municipal corporation or
other public service district included within the district owns and
operates separately water facilities, sewer facilities or stormwater
facilities and the district owns and operates another kind of
facility either water or sewer, or both, as the case may be, then
the district and the publicly or privately owned utility, city,
incorporated town or other municipal corporation or other public
service district shall covenant and contract with each other to shut
off and discontinue the supplying of water service for the
nonpayment of sewer or stormwater service fees and charges:
Provided, That any contracts entered into by a public service
district pursuant to this section shall be submitted to the Public
Service Commission for approval. Any public service district which
provides water and sewer service, water and stormwater service or
water, sewer and stormwater service has the right to terminate water
service for delinquency in payment of water, sewer or stormwater bills. Where one public service district is providing sewer service
and another public service district or a municipality included
within the boundaries of the sewer or stormwater district is
providing water service and the district providing sewer or
stormwater service experiences a delinquency in payment, the
district or the municipality included within the boundaries of the
sewer or stormwater district that is providing water service, upon
the request of the district providing sewer or stormwater service to
the delinquent account, shall terminate its water service to the
customer having the delinquent sewer or stormwater account:
Provided, however, That any termination of water service must comply
with all rules and orders of the Public Service Commission.
(c) Any district furnishing sewer facilities within the
district may require, or may by petition to the circuit court of the
county in which the property is located, compel or may require the
Division of Health to compel all owners, tenants or occupants of any
houses, dwellings and buildings located near any sewer facilities
where sewage will flow by gravity or be transported by other methods
approved by the Division of Health, including, but not limited to,
vacuum and pressure systems, approved under the provisions of
section nine, article one, chapter sixteen of this code, from the
houses, dwellings or buildings into the sewer facilities, to connect
with and use the sewer facilities and to cease the use of all other
means for the collection, treatment and disposal of sewage and waste matters from the houses, dwellings and buildings where there is
gravity flow or transportation by any other methods approved by the
Division of Health, including, but not limited to, vacuum and
pressure systems, approved under the provisions of section nine,
article one, chapter sixteen of this code and the houses, dwellings
and buildings can be adequately served by the sewer facilities of
the district and it is declared that the mandatory use of the sewer
facilities provided for in this paragraph is necessary and essential
for the health and welfare of the inhabitants and residents of the
districts and of the state. If the public service district requires
the property owner to connect with the sewer facilities even when
sewage from dwellings may not flow to the main line by gravity and
the property owner incurs costs for any changes in the existing
dwellings' exterior plumbing in order to connect to the main sewer
line, the Public Service District Board shall authorize the district
to pay all reasonable costs for the changes in the exterior
plumbing, including, but not limited to, installation, operation,
maintenance and purchase of a pump or any other method approved by
the Division of Health. Maintenance and operation costs for the
extra installation should be reflected in the users charge for
approval of the Public Service Commission. The circuit court shall
adjudicate the merits of the petition by summary hearing to be held
not later than thirty days after service of petition to the
appropriate owners, tenants or occupants.
(d) Whenever any district has made available sewer facilities
to any owner, tenant or occupant of any house, dwelling or building
located near the sewer facility and the engineer for the district
has certified that the sewer facilities are available to and are
adequate to serve the owner, tenant or occupant and sewage will flow
by gravity or be transported by other methods approved by the
Division of Health from the house, dwelling or building into the
sewer facilities, the district may charge, and the owner, tenant or
occupant shall pay, the rates and charges for services established
under this article only after thirty-day notice of the availability
of the facilities has been received by the owner, tenant or
occupant. Rates and charges for sewage services shall be based upon
actual water consumption or the average monthly water consumption
based upon the owner's, tenant's or occupant's specific customer
class.
(e) The owner, tenant or occupant of any real property may be
determined and declared to be served by a stormwater system only
after each of the following conditions is met: (1) The district has
been designated by the Environmental Protection Agency as an entity
to serve a West Virginia Separate Storm Sewer System community, as
defined in 40 C.F.R. §122.26; (2) the district's authority has been
properly expanded to operate and maintain a stormwater system; (3)
the district has made available a stormwater system where stormwater
from the real property affects or drains into the stormwater system; and (4) the real property is located in the Municipal Separate Storm
Sewer System's designated service area. It is further hereby found,
determined and declared that the mandatory use of the stormwater
system is necessary and essential for the health and welfare of the
inhabitants and residents of the district and of the state. The
district may charge and the owner, tenant or occupant shall pay the
rates, fees and charges for stormwater services established under
this article only after thirty-day notice of the availability of the
stormwater system has been received by the owner. An entity
providing stormwater service shall provide a tenant a report of the
stormwater fee charged for the entire property and, if appropriate,
that portion of the fee to be assessed to the tenant.
(f) All delinquent fees, rates and charges of the district for
either water facilities, sewer facilities, gas facilities,
telecommunication or information services or stormwater systems or
stormwater management programs are liens on the premises served of
equal dignity, rank and priority with the lien on the premises of
state, county, school and municipal taxes. In addition to the other
remedies provided in this section, public service districts are
granted a deferral of filing fees or other fees and costs incidental
to the bringing and maintenance of an action in magistrate court for
the collection of delinquent water, sewer, stormwater,
telecommunication or information services or gas bills. If the
district collects the delinquent account, plus reasonable costs, from its customer or other responsible party, the district shall pay
to the magistrate the normal filing fee and reasonable costs which
were previously deferred. In addition, each public service district
may exchange with other public service districts a list of
delinquent accounts:
Provided, That an owner of real property may
not be held liable for the delinquent rates or charges for services
or facilities of a tenant, nor may any lien attach to real property
for the reason of delinquent rates or charges for services or
facilities of a tenant of the real property, unless the owner has
contracted directly with the public service district to purchase the
services or facilities.
(g) Anything in this section to the contrary notwithstanding,
any establishment, as defined in section three, article eleven,
chapter twenty-two of this code, now or hereafter operating its own
sewage disposal system pursuant to a permit issued by the Department
of Environmental Protection, as prescribed by section eleven of said
article, is exempt from the provisions of this section.
(h) A public service district which has been designated by the
Environmental Protection Agency as an entity to serve a West
Virginia Separate Storm Sewer System community shall prepare an
annual report detailing the collection and expenditure of rates,
fees or charges and make it available for public review at the place
of business of the governing body and the stormwater utility main
office.
§16-13A-18a. Sale, lease or rental of water, sewer, stormwater or
gas system by district; distribution of proceeds.
In any case where a public service district owns a water,
sewer, stormwater,
telecommunication or information services or gas
system, and a majority of not less than sixty percent of the members
of the public service board thereof deem it for the best interests
of the district to sell, lease or rent such water, sewer,
stormwater,
telecommunication or information services or gas system
to any municipality or privately-owned water, sewer, stormwater or
gas system, or to any water, sewer, stormwater,
telecommunication or
information services or gas system owned by an adjacent public
service district, the board may so sell, lease or rent such water,
sewer, stormwater or gas system upon such terms and conditions as
said board, in its discretion, considers in the best interests of
the district:
Provided, That
such the sale, leasing or rental may
be made only upon: (1) The publication of notice of a hearing
before the board of the public service district, as a Class I legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, in a newspaper published and of
general circulation in the county or counties wherein the district
is located, such publication to be made not earlier than twenty days
and not later than seven days prior to the hearing; (2) approval by
the county commission or commissions of the county or counties in
which the district operates; and (3) approval by the Public Service Commission of West Virginia.
In the event of any such sale, the proceeds thereof, if any,
remaining after payment of all outstanding bonds and other
obligations of the district, shall be ratably distributed to any
persons who have made contributions in aid of construction of such
water, sewer, stormwater,
telecommunication or information services
or gas system, such distribution not to exceed the actual amount of
any such contribution, without interest, and any balance of funds
thereafter remaining shall be paid to the county commission of the
county in which the major portion of
such the water, sewer,
stormwater,
telecommunication or information services or gas system
is located to be placed in the general funds of
such the county
commission.
§16-13A-24. Acceptance of loans, grants or temporary advances.
Any public service district created pursuant to the provisions
of this article
is authorized and empowered to may accept loans or
grants and procure loans or temporary advances evidenced by notes or
other negotiable instruments issued in the manner, and subject to
the privileges and limitations, set forth with respect to bonds
authorized to be issued under the provisions of this article, for
the purpose of paying part or all of the cost of construction or
acquisition of water systems, sewage systems, stormwater systems or
stormwater management systems,
telecommunication or information
services or gas facilities, or all of these, and the other purposes herein authorized, from any authorized agency or from the United
States of America or any federal or public agency or department of
the United States or any private agency, corporation or individual,
which loans or temporary advances, including the interest thereon,
may be repaid out of the proceeds of the bonds authorized to be
issued under the provisions of this article, the revenues of the
said water system, sewage system, stormwater system or associated
stormwater management system,
telecommunication or information
services or gas facilities, or grants to the public service district
from any authorized agency or from the United States of America or
any federal or public agency or department of the United States or
from any private agency, corporation or individual or from any
combination of such sources of payment, and to enter into the
necessary contracts and agreements to carry out the purposes hereof
with any authorized agency or the United States of America or any
federal or public agency or department of the United States, or with
any private agency, corporation or individual. Any other provisions
of this article to the contrary notwithstanding, interest on any
such loans or temporary advances may be paid from the proceeds
thereof until the maturity of such notes or other negotiable
instrument.
NOTE: The purpose of this bill allow Public Service Districts
to develop and operate telecommunication or information services.
When trenches are dug for new utility lines, cable and other telecommunication or information connections can be laid
simultaneously for little additional cost in underserved areas.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.