West Virginia Code § 17-28-10

Coordination and development of transportation projects with other
Open in Lexace · Ask the AI about this section
infrastructure; information sharing; agreements among municipal utilities and
public service districts to participate in transportation projects; rates to include
costs borne by municipal utilities and public service districts in coordination with
transportation projects; exemption from Public Service Commission approval.
(a) The commissioner is to encourage the joint and concurrent developmente and construction
of transportation projects with other infrastructure including, without limitation, water and
sewer infrastructure. r
(b) To coordinate and integrate the planning of transportation pruojects among local
jurisdictions, all governing bodies, units of government, municipal utilities and public service
districts within the affected local jurisdiction are to cooperatte, participate, share information
and give input when a project sponsor prepares a transportation project plan.
(c) Municipal utilities and public service districts may enter into agreements with any
project sponsor for the purpose of constructing new infrastructure facilities or substantially
improving or expanding infrastructure facilitiess in conjunction with a transportation project
and dedicating revenue or contributing moneys to transportation project costs. Each
agreement must contain, at a minimum, engineering and construction standards, terms
regarding the revenue sources, allocgation of project costs and confirmation that the
agreement does not violate any existing bond covenants. Each agreement shall also comply
and be consistent with the comeprehensive agreement applicable to the transportation
project. No infrastructure facilities may be located or relocated within a right-of-way in, or to
be included within, the sLtate road system except in accordance with transportation project
plans approved by the commissioner.
(d) The rates charged by a municipal utility or public service district to customers in an
affected local jurisdiction may include the additional cost borne by the municipal utility or
public service district as a result of entering into an agreement with a project sponsor to
conWtribute moneys or dedicate revenue to transportation project costs.
(e) This article may not be construed to affect the authority of the Department of
Environmental Protection nor the authority of the Department of Health pursuant to this
code.
(f) This article may not be construed to give the Public Service Commission authority to
regulate or intervene in the approval and construction of any transportation project or any
agreement between a project sponsor and a municipal utility or public service district under
this article.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.