Senate Bill No. 315

(By Senator Chafin)

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[Introduced February 9, 1995; referred to the Committee
on Transportation; and then to the Committee on Finance.]
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A BILL to amend chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article four-a, relating to infrastructure planning for new roads; creating an infrastructure planning team; powers and duties; funding; and infrastructure development to public service district.

Be it enacted by the Legislature of West Virginia:
That chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article four-a, to read as follows:
ARTICLE 4A. INFRASTRUCTURE PLANNING.

§17-4A-1. Legislative finding.

The Legislature hereby finds that when the division of highways is planning, developing and building a new road, the laying of water and sewer lines adjacent to the road should also be included in the plans, development and building of this new road. These water and sewer lines would then be in place for the future development of the area.
§17-4A-2. The infrastructure planning team.

The infrastructure planning team consists of nine voting members and ex officio members. The nine voting members are: A designee of the division of highways from the region where the new road 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; a designee from the local developmental authority where the new road is being built; a designee from the regional developmental authority in the area where the new road is being built; a designee from the public service commission; a designee from the division of environmental protection; a designee from the county commission where the new road is being built who shall serve as chairperson of the planning team; and a citizen of the county where the new road is being built chosen by the county commission. The ex officio members are the elected state delegates and senators from the area where the new road is being built.
No business may be transacted by the infrastructure planning team in the absence of a quorum. The infrastructure planning team shall meet prior to the development and building of a new road. Members of the infrastructure planning team shall only receive payment for actual expenses incurred.
§17-4A-3. Powers and duties.

The infrastructure planning team shall advise the commissioner of the division of highways on the feasibility of an infrastructure plan. The infrastructure planning team shall meet to develop an infrastructure plan that includes an assessment study of existing water and sewer lines and a feasibility study on future development and laying of water and sewer lines. After these studies are completed, a developmental map shall be drawn of the proposed road route with overlays of the proposed water and sewer 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.
§17-4A-4. Funding.

The money to fund this infrastructure planning team shall come from the county or the municipality, or both, where the new road is being built.
The money to develop and lay the water and sewer lines adjacent to the new road shall come from the West Virginia parkways, economic development and tourism authority fund which shall be deposited in a special fund created by the county where the new road is being built.
§17-4A-5. Infrastructure development to public service district.

For the purposes of this article the term "new" means a road right-of-way being built for the first time.
After the construction of the water and sewer lines adjacent to the new road, 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.




NOTE: The purpose of this bill is to require the Division of Highways to include the planning, development and building of water and sewer lines in the planning, developing and building of new roads.

This article is new; therefore, strike-throughs and underscoring have been omitted.