Introduced Version
Senate Bill 744 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 744
(By Senators Plymale, Chafin, Fanning and Stollings)
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[Introduced February 19, 2007; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
Finance.]
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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; and creating a
Highway Corridor Infrastructure Assistance Program.
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, fiber optic lines and any other lines that bring utility
service to an area.
(b) Legislative finding.
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, fiber optic lines and
other infrastructure adjacent to the corridor also should be
included in the plans, development and building of this new
corridor. These water, sewer, gas, fiber optic lines and other
infrastructure would then be in place for the future development of
the area.
(c) The Highway Corridor Infrastructure Planning Team.
The Highway Corridor Infrastructure Planning Team consists of
nine voting members. The nine voting members are: 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 who shall serve as
chair 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; a designee from the
public service commission, a designee from the Department of
Environmental Protection; and a designee from the West Virginia
Division of the Federal Highway Authority. The non-voting, ex
officio members are the elected state delegates and senators from
the area where the new corridor is being built.
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, fiber
optic lines and other infrastructure and a feasibility study on
future development and laying of water, sewer, gas, fiber optic
lines and other infrastructure. The Highway Corridor Infrastructure Planning Team may adopt the local development
authorities 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 fiber optic lines. These studies
and the map shall be presented to the Commissioner of the Division
of Highways and shall be used by the commissioner in the planning,
developing and building of the road.
(e) Funding.
The money to develop and lay the water, sewer, gas, and fiber
optic lines adjacent to the new road shall come from the West
Virginia Highway Corridor Infrastructure Assistance Fund which
shall be deposited in a special fund created by the Legislature at
the West Virginia Infrastructure and Jobs Development Council. In
addition, a tax credit will be issued for the construction of the
utility corridor and the actual completion of the desired
infrastructure. This credit will not exceed two million dollars
per company and will require a direct or equal match from the
Corridor Infrastructure Assistance Fund.
(f) Infrastructure development to public service district.
For the purposes of this section the term "new" means a four
lane corridor being built for the first time. Once the
construction of the water, sewer, gas fiber optic lines 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.
(g) Stipulations for funding.
In order for a corridor project to receive assistance from the
corridor infrastructure assistance program it must 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;
(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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