Senate Bill No. 570

(By Senator Craigo)

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[Originating in the Committee on Finance;

reported February 28, 1995.]

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A BILL to amend and reenact section twenty-five, article thirteen- a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring public service districts to obtain the consent of the public service commission prior to taking certain actions; requiring the commission to act on a request for approval of a contract for the provision of engineering, design or feasibility studies within a certain period of time; providing that requests not acted upon within that time frame are considered approved; requirements for certificates of public necessity; legal advertisements; and approval or disapproval of commission.

Be it enacted by the Legislature of West Virginia:
That section twenty-five, article thirteen-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 13A. PUBLIC SERVICE DISTRICTS FOR WATER, SEWERAGE AND GAS SERVICES.
§16-13A-25. Borrowing and bond issuance; procedure.

(a) Notwithstanding any other provisions of this article to the contrary, a public service district shall not borrow money, enter into contracts for the provision of engineering, design or feasibility studies, issue or contract to issue revenue bonds or exercise any of the powers conferred by the provisions of section thirteen, twenty or twenty-four of this article, without the prior consent and approval of the public service commission: Provided, That the public service commission shall act on a request by a public service district for approval of a contract for the provision of engineering, design or feasibility studies within forty-five days of receipt of the request: Provided, however, That failure of the public service commission to act within the forty- five days shall be considered to be an approval of the public service district's request.
(b) Unless the properties to be constructed or acquired represent ordinary extensions or repairs of existing systems in the usual course of business, a public service district must first obtain a certificate of public convenience and necessity from the public service commission in accordance with the provisions of chapter twenty-four of this code when a public service district is seeking to acquire or construct public service property.
Sixty days prior to making formal application for the certificate, the public service district shall prefile with the public service commission its plans and supporting information for the project and shall publish a Class II legal advertisement in a newspaper or newspapers of general circulation in each city, incorporated town or municipal corporation if available in the district, which shall state:
(1) The amount of money to be borrowed, or the amount of revenue bonds to be issued: Provided, That if the amount is an estimate, the notice may be stated in terms of an amount "not to exceed" a specific amount;
(2) The interest rate and terms of the loan or bonds: Provided, That if the interest rate is an estimate, the notice may be stated in terms of a rate "not to exceed" a specific rate;
(3) The public service properties to be acquired or constructed and the cost of same;
(4) The anticipated rates which will be charged by the district: Provided, That if the rates are an estimate, the notice may be stated in terms of rates "not to exceed" a specific rate; and
(5) The date that the formal application for a certificate of public convenience and necessity is to be filed with the public service commission.
(c) The public service commission may grant its consent and approval for the certificate, or any other request for approval under this section, subject to such terms and conditions as may be necessary for the protection of the public interest, pursuant to the provisions of chapter twenty-four of this code, or may withhold such consent and approval for the protection of the public interest.
In the event of disapproval, the reasons therefor shall be assigned in writing by the commission.