COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 744
(By Senators Plymale, Chafin, Fanning and Stollings)
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[Originating in the Committee on Finance;
reported February 27, 2007.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §31-15A-25, relating
to infrastructure planning for new roads; defining terms;
setting forth legislative findings; creating a Highway
Corridor Infrastructure Assistance Program; creating a Highway
Corridor Infrastructure Planning Team; team members; expense
reimbursement; powers and duties; creating a special revenue
account; tax credits; transfer of infrastructure development;
and funding requirements.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §31-15A-25, to read as
follows:
ARTICLE 15A. West Virginia Infrastructure and Jobs Development
Council.
§31-15A-25. Highway corridor infrastructure assistance program.
(a) Definitions. --
For the purposes of this bill:
"Corridor" means a highway that is part of the national
highway system or a highway designated as a corridor by the West
Virginia Department of Transportation.
"Infrastructure" includes, but is not limited to, water,
sewer, gas, telecommunication lines or facilities, broadband and
any other lines that bring utility service to an area.
"New" means a four-lane corridor being built for the first
time.
(b)
Legislative findings. --
The Legislature hereby finds that when the Division of
Highways is planning, developing and building a new four-lane
corridor, the laying of water, sewer, gas, telecommunication lines
or facilities, broadband and other infrastructure adjacent to the
corridor also should be included in the plans, development and
building of the new corridor. These water, sewer, gas,
telecommunication lines or facilities, broadband and other
infrastructure would then be in place for the future development of
the area.
(c)
Highway Corridor Infrastructure Planning Team. --
(1) The Highway Corridor Infrastructure Planning Team shall
consist of nine voting members. The nine voting members shall be:
A designee of the Division of Highways from the region where the
new corridor is being built; a designee of the Division of Highways
from the central state office; a designee from the Environmental
Engineers Division of the Department of Health and Human Resources;
the director from the local developmental authority or authorities
in the area where the new corridor is being built; a designee from
the Public Service Commission; a designee from the Department of
Environmental Protection; a designee from the West Virginia
division of the Federal Highway Authority; a designee from the
county commission from the county containing the majority of the
new corridor being built and a designee from a chamber of commerce
from the region where the new corridor is being built. The elected
state delegates and senators from the area where the new corridor
is being built shall serve as nonvoting, ex officio members.
(2) The director from the local developmental authority or
authorities in the area where the new corridor is being built who
shall serve as chairperson or where multiple counties are involved,
the local development directors shall select a chair to serve as
chair of the highway corridor infrastructure planning team.
(3) No business may be transacted by the Highway Corridor
Infrastructure Planning Team in the absence of a quorum. The
Highway Corridor Infrastructure Planning Team shall meet prior to the development and building of a new road or during the
construction of the road prior to the thirty-first day of December
two thousand eight. Members of the Highway Corridor Infrastructure
Planning Team shall only receive payment for actual expenses
incurred.
(d)
Powers and duties. --
The Highway Corridor Infrastructure Planning Team shall advise
the Commissioner of the Division of Highways on the feasibility of
an infrastructure plan. The Highway Corridor Infrastructure
Planning Team shall meet to develop an infrastructure plan that
includes an assessment study of existing water, sewer, gas,
telecommunication lines or facilities, broadband and other
infrastructure and a feasibility study on future development and
laying of water, sewer, gas, telecommunication lines or facilities,
broadband and other infrastructure. The Highway Corridor
Infrastructure Planning Team may adopt the local development
authority's plan for infrastructure improvements along the
corridor. After these studies are completed, a developmental map
shall be drawn of the proposed corridor route with overlays of the
proposed water, sewer, gas and telecommunication lines or
facilities and broadband. The team shall present these studies and
the map to the Commissioner of the Division of Highways which shall
be used by the commissioner in the planning, developing and
building of the road.
(e)
Funding. --
There is created a special revenue fund in the State Treasury
designated the West Virginia Highway Corridor Infrastructure
Assistance Fund for receipt of any funds appropriated by the
Legislature for the purpose of this article. The council shall
expend moneys from the fund in accordance with the provisions of
this article.
(f) Tax credits the council may issue a credit to a company
against the company's corporate net income tax provided for in
section one, article twenty-four, chapter eleven of this code for
the construction and completion of a new corridor and desired
infrastructure. The credit may not exceed two million dollars per
company and requires a direct or equal match from the fund.
(g)
Infrastructure development to public service district. --
Once the construction of the water, sewer, gas,
telecommunication lines or facilities, broadband and other
infrastructure adjacent to the new corridor is complete, these new
lines shall be turned over to existing utilities by expansion of
boundaries of public service districts or shall be main extensions
from the municipality in coordination with the appropriate county
commission where the new corridor is being built.
(h)
Stipulations for funding. --
In order for a corridor project to receive assistance from the
Corridor Infrastructure Assistance Program it shall meet the following criteria:
(1) The right of way must be a minimum of one thousand feet
long and have a width of a minimum of fifteen feet on both sides of
the planned corridor;
(2) There must be property adjacent to the planned corridor
with access and capability of development;
(3) The property should contain a minimum of acreage with
potential to generate jobs and taxes;
(4) The corridor must be an independent utility with ingress
and egress serving the public on each end:
Provided, That a
project is considered to be an independent utility if it would be
constructed absent the construction of other projects in the
project area. Portions of a multiphased project that depend upon
other phases of the project are not an independent utility.
(5) Preference for assistance will be given to counties with
a master land use plan but the minimum of a standard corridor
master plan is required; and
(6) No more than half of the total allocation will be spent in
any one congressional district.
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