ENGROSSED
Senate Bill No. 536
(By Senators Love, White, Sharpe, Bailey and Minard)
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[Introduced March 14, 2005; referred to the Committee
on Government Organization.]
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A BILL to amend and reenact §16-13A-2 of the Code of West Virginia,
1931, as amended, relating to the creation and modification of
public service districts; requiring the county commission to
provide the Public Service Commission a copy of the order or
petition seeking the creation, modification or dissolution of
a public service district, as well as the time of the hearing
to be held by the county commission; and providing that the
Public Service Commission may conduct a hearing in the
affected county on the matter.
Be it enacted by the Legislature of West Virginia:
That §16-13A-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
§16-13A-2. Creation of districts by county commission; enlarging,
reducing, merging, or dissolving district; consolidation; agreements, etc.; infringing upon
powers of county commission; filing list of members
and districts with the Secretary of State.
(a) The county commission of any county may propose the
creation, enlargement, reduction, merger, dissolution or
consolidation of a public service district by any of the following
methods: (1) On its own motion by order duly adopted, (2) upon the
recommendation of the Public Service Commission; or (3) by petition
of twenty-five percent of the registered voters who reside within
the limits of the proposed public service district within one or
more counties. The petition shall contain a description, including
metes and bounds, sufficient to identify the territory to be
embraced therein and the name of such proposed district:
Provided,
That after the effective date of this section, no new public
service district shall be created, enlarged, reduced, merged,
dissolved or consolidated under this section without the written
consent and approval of the Public Service Commission, which
approval and consent shall be in accordance with rules promulgated
by the Public Service Commission and may only be requested after
consent is given by the appropriate county commission or
commissions pursuant to this section. Any territory may be
included regardless of whether or not the territory includes one or
more cities, incorporated towns or other municipal corporations
which own and operate any public service properties and regardless of whether or not it includes one or more cities, incorporated
towns or other municipal corporations being served by privately
owned public service properties:
Provided, however, That the same
territory shall not be included within the boundaries of more than
one public service district except where the territory or part
thereof is included within the boundaries of a separate public
service district organized to supply water, sewerage services,
stormwater services or gas facilities not being furnished within
such territory or part thereof:
Provided further, That no city,
incorporated town or other municipal corporation shall be included
within the boundaries of the proposed district except upon the
adoption of a resolution of the governing body of the city,
incorporated town or other municipal corporation consenting.
(b) The petition shall be filed in the office of the clerk of
the county commission of the county in which the territory to
constitute the proposed district is situated, and if the territory
is situated in more than one county, then the petition shall be
filed in the office of the clerk of the county commission of the
county in which the major portion of the territory extends and a
copy thereof (omitting signatures) shall be filed with each of the
clerks of the county commission of the other county or counties
into which the territory extends. The clerk of the county
commission receiving such petition shall present it to the county
commission of the county at the first regular meeting after the filing or at a special meeting called for the consideration
thereof.
(c) When the county commission of any county enters an order
on its own motion proposing the creation, enlargement, reduction,
merger, dissolution or consolidation of a public service district,
as aforesaid, or when a petition for the creation is presented, as
aforesaid, the county commission shall at the same session fix a
date of hearing in the county on the creation, enlargement,
reduction, merger, dissolution or consolidation of the proposed
public service district, which date so fixed shall be not more than
forty days nor less than twenty days from the date of the action.
Within ten days of fixing the date of hearing, the county
commission shall provide the Executive Secretary of the Public
Service Commission with a copy of the order or petition and
notification of the time and place of the hearing to be held by the
county commission. If the territory proposed to be included is
situated in more than one county, the county commission, when
fixing a date of hearing, shall provide for notifying the county
commission and clerk thereof of each of the other counties into
which the territory extends of the date so fixed. The clerk of the
county commission of each county in which any territory in the
proposed public service district is located shall cause notice of
the hearing and the time and place thereof and setting forth a
description of all of the territory proposed to be included therein to be given by publication as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code and the publication area for the publication shall be
by publication in each city, incorporated town or municipal
corporation if available in each county in which any territory in
the proposed public service district is located. The publication
shall be at least ten days prior to the hearing.
(d) In all cases where proceedings for the creation,
enlargement, reduction, merger, dissolution or consolidation of
the public service districts are initiated by petition as
aforesaid, the person filing the petition shall advance or
satisfactorily indemnify the payment of the cost and expenses of
publishing the hearing notice and otherwise the costs and expenses
of the notice shall be paid in the first instance by the county
commission out of contingent funds or any other funds available or
made available for that purpose. In addition to the notice
required herein to be published, there shall also be posted, in at
least five conspicuous places in the proposed public service
district, a notice containing the same information as is contained
in the published notice. The posted notices shall be posted not
less than ten days before the hearing.
(e) All persons residing in or owning or having any interest
in property in the proposed public service district shall have an
opportunity to be heard for and against its creation, enlargement, reduction, merger, dissolution or consolidation. At the hearing
the county commission, before which the hearing is conducted, shall
consider and determine the feasibility of the creation,
enlargement, reduction, merger, dissolution or consolidation of the
proposed district. If the county commission determines that the
construction or acquisition by purchase or otherwise and
maintenance, operation, improvement and extension of public service
properties by the public service district will be conducive to the
preservation of public health, comfort and convenience of such
area, the county commission shall by order create, enlarge, reduce,
merge, dissolve or consolidate such public service district. If
the county commission, after due consideration, determines that the
proposed district will not be conducive to the preservation of
public health, comfort or convenience of the area or that the
creation, enlargement, reduction, merger, dissolution or
consolidation of the proposed district as set forth and described
in the petition or order is not feasible, it may refuse to enter an
order creating the district or it may enter an order amending the
description of the proposed district and create, enlarge, reduce,
merge, dissolve or consolidate the district as amended.
(f) If the county commission determines that any other public
service district or districts can adequately serve the area of the
proposed public service district, whether by enlargement, reduction,
merger, dissolution or consolidation, it shall refuse to enter the order, but shall enter an order creating, enlarging, reducing,
merging, dissolving or consolidating the area with an existing
public service district, in accordance with rules adopted by the
Public Service Commission for such purpose:
Provided, That no
enlargement of a public service district may occur if the present
or proposed physical facilities of the public service district are
determined by the appropriate county commission or the Public
Service Commission to be inadequate to provide such enlarged
service. The clerk of the county commission of each county into
which any part of such district extends shall retain in his
or her
office an authentic copy of the order creating, enlarging, reducing,
merging, dissolving or consolidating the district:
Provided,
however, That within ten days after the entry of an order creating,
enlarging, reducing, merging, dissolving or consolidating a
district, such order must be filed for review and approval by the
Public Service Commission. The Public Service Commission
shall may
provide a hearing in the affected county on the matter and may
approve, reject or modify the order of the county commission if it
finds it is in the best interests of the public to do so. The
Public Service Commission shall adopt rules relating to such filings
and the approval, disapproval or modification of county commission
orders for creating, enlarging, merging, dissolving or consolidating
districts. The provisions of this section shall not apply to the
implementation by a county commission of an order issued by the Public Service Commission pursuant to this section and section one-b
of this article.
(g) The county commission may, if in its discretion it deems
it necessary, feasible and proper, enlarge the district to include
additional areas, reduce the area of the district, where
facilities, equipment, service or materials have not been extended,
or dissolve the district if inactive or create or consolidate two
or more such districts. If consolidation of districts is not
feasible, the county commission may consolidate and centralize
management and administration of districts within its county or
multicounty area to achieve efficiency of operations:
Provided,
That where the county commission determines on its own motion by
order entered of record, or there is a petition to enlarge the
district, merge and consolidate districts, or the management and
administration thereof, reduce the area of the district or dissolve
the district if inactive, all of the applicable provisions of this
article providing for hearing, notice of hearing and approval by
the Public Service Commission shall apply. The Commission shall at
all times attempt to bring about the enlargement or merger of
existing public service districts in order to provide increased
services and to eliminate the need for creation of new public
service districts in those areas which are not currently serviced
by a public service district:
Provided, however, That where two or
more public service districts are consolidated pursuant to this section, any rate differentials may continue for the period of
bonded indebtedness incurred prior to consolidation. The districts
may not enter into any agreement, contract or covenant that
infringes upon, impairs, abridges or usurps the duties, rights or
powers of the county commission, as set forth in this article, or
conflicts with any provision of this article.
(h) A list of all districts and their current board members
shall be filed by the county commission with the Secretary of State
and the Public Service Commission by the first day of July of each
year.