ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4049
(By Delegate Warner)
[Passed March 11,2000; in effect ninety days from passage.]
AN ACT to amend and reenact section seventeen-b, article four,
chapter seventeen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend said
article by adding thereto a new section, designated section
seventeen-d, all relating to the payment of utilities on
highway construction projects.
Be it enacted by the Legislature of West Virginia:
That section seventeen-b, article four, chapter seventeen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that said article be
further amended by adding thereto a new section, designated
section seventeen-d, all to read as follows:
ARTICLE 4. STATE ROAD SYSTEM.
§17-4-17b. Relocation of public utility lines to accommodate
federal-aid highway projects.
(a) Whenever the commissioner of highways determines that
any public utility line or facility located upon, across or under any portion of a state highway needs to be relocated in order to
accommodate a federal-aid interstate or Appalachian highway
project, he or she shall notify the public utility owning or
operating the facility which shall relocate the same in
accordance with the order of the commissioner. The cost of the
relocation shall be paid out of the state road fund in all cases
involving the interstate or the Appalachian system where
proportionate reimbursement of the cost shall be obtained by the
commissioner of highways from the United States pursuant to the
"Federal Aid Highway Act of 1956" or the "Appalachian Regional
Development Act of 1965," as amended, and all acts amendatory or
supplementary thereto:
Provided, That the cost of any relocation
of municipally owned utility facilities and water or sanitary
districts or authorities shall be paid out of state road funds in
any case involving any federal-aid system where proportionate
reimbursement of such cost shall be obtained by the commissioner
of highways from the United States.
(b) For the purposes of this section, the term, "cost of
relocation," includes the entire amount paid by the utility,
exclusive of any right-of-way costs incurred by the utility,
properly attributable to the relocation after deducting therefrom
any increase in the value of the new facility and salvage value
derived from the old facility.
The cost of relocating utility facilities, as defined in
this section, in connection with any federal-aid interstate or
Appalachian highway project is hereby declared to be a cost of highway construction.
(c) The commissioner of highways is hereby authorized to
include within the cost of highway construction the cost of
relocation necessarily incurred by any public utility, and any
pipeline company subject to the jurisdiction of the federal
energy regulatory commission, in relocating any public utility
line, pipeline or facility as a result of the construction of
any fully or partially controlled access highway as a part of the
national highway system as authorized by the "Federal Intermodal
Surface Transportation Efficiency Act of 1991", and all acts
amendatory and supplementary thereto as of the twentieth day of
March, one thousand nine hundred ninety-three. The provisions of
article five-a, chapter twenty-one of this code apply to all work
performed pursuant to the provisions of this subsection.
(d) Any notice required by this section is sufficient if
given by registered or certified mail, return receipt requested,
addressed to any officer of the utility or to an individual if
the person to whom the notice is required is an individual.
§17-4-17d. Relocation of public utility lines on state highway
construction projects.
(a) Whenever the commissioner of highways determines that
any public utility line owned by a county or municipal
governmental body located upon, across or under any portion of a
state highway needs to be relocated in order to accommodate a
highway project for which proportionate reimbursement of the cost
is not available from any federal program, the commissioner shall notify the public utility owning or operating the facility which
shall relocate the same in accordance with the order of the
commissioner, and the cost of the relocation shall be paid out of
the state road fund.
(b) The commissioner may propose legislative rules in
accordance with the provisions of article three, chapter twenty-
nine-a of this code to provide for reimbursement of privately
held public utilities for the cost of relocation, due to the
division of highways construction or improvement projects, of
their public utility lines located upon, across or under any
portion of a state highway in order to accommodate a highway
project for which proportionate reimbursement of the cost is not
available from any federal program, with the cost of the
relocation to be paid out of the state road fund.
(c) For the purpose of this section, the term "cost of
relocation" includes the entire amount paid by the utility,
exclusive of any right-of-way costs incurred by the utility,
properly attributable to the relocation after deducting therefrom
any increase in the value of the new facility and salvage value
derived from the old facility.
(d) Any notice required by this section is sufficient if
given by registered mail or certified mail, return receipt
requested, addressed to any officer of the utility or to an
individual if the person to whom notice is required is an
individual.
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