H. B. 4161
(By Delegates Doyle and Manuel)
[Introduced
January 29, 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 §7-1-3oo, relating to
requiring county commission approval in certain circumstances
of the construction or expansion of a water or sewage utility
in the county before the construction or expansion may be
authorized by the public service commission; providing
definitions; and inapplicability of provisions to construction
or expansion in municipalities.
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 §7-1-3oo
, to read as
follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3oo. County 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 by a county commission as provided by
article twenty-four, chapter eight of this code
and a certified
copy of the county commission's ordinance has been filed with the
clerk of the county commission, the public service commission may
not authorize the construction or expansion of a water utility or
the construction or expansion of a
sewage utility in that county
unless the construction or expansion of the utility has been
approved by the county commission of the county.
(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.
(c) The provisions of this section do not apply to the
construction or expansion of a water or sewage utility
within the corporate limits of any municipality located in the county.
NOTE: The purpose of the bill is to require prior approval of
a county that has adopted a comprehensive plan and an ordinance
containing provisions for subdivision control and the approval of
plats and replats
before construction or expansion of a water or
sewage utility may be authorized by the Public Service Commission.
This section
is new; therefore, strike-throughs and
underscoring have been omitted.
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