H. B. 4060
(By Delegate Doyle)
[Introduced January 19, 2004; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §8-24-35a, relating
to requiring planning commission approval of construction of
a new water utility or a new sewage utility
before the
construction may be authorized by the public service
commission; and providing definitions.
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 §8-24-35a, to read as
follows:
ARTICLE 24. PLANNING AND ZONING.
§8-24-35a. Same -- Planning commission approval of water and
sewage projects.
(a) Notwithstanding any other provision of this code to the contrary, after a comprehensive plan and an ordinance containing
provisions for subdivision control and the approval of plats and
replats have been adopted and a certified copy of the ordinance has
been filed with the clerk of the county commission as aforesaid,
the public service commission may not authorize the construction of
a new water utility or a new sewage utility unless construction of
the utility has been approved by the municipal planning commission,
if any, of the municipality in which the construction is proposed
to be located, and by the county planning commission, if any, in
the case of a county plan and ordinance, of the county where the
construction is proposed to be located.
(b) As used in this section:
(1) "Water utility" means and includes any person or persons,
or association of persons, however associated, whether incorporated
or not, including municipalities, engaged in the business of
producing, furnishing, transporting, distributing or selling water
for any purpose which is now or may hereafter be determined by the
public service commission to be a public service.
(2) "Sewage utility" means and includes any person or persons,
or association of persons, however associated, whether incorporated
or not, including municipalities, engaged in the business of
collecting, transporting or treating sewage.
NOTE: The purpose of the bill is to require prior approval of
the affected planning commission before construction of a new water
or sewage utility may be authorized by the Public Service
Commission.
This section is new; therefore, strike-throughs and
underscoring have been omitted.