West Virginia Code § 22-28-3

Creation of community infrastructure investment project; certificate of
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appropriateness; rule-making authority.
(a) There is hereby created a Community Infrastructure Investment Program within the
Department of Environmental Protection. This Program will facilitate the construction or
expansion of project facilities for the promotion of economic development and the protection
of public health and environment in the state. Any public service district or emunicipal utility
that wishes to accept a project facility constructed pursuant to a community infrastructure
investment agreement with a project cost not to exceed $10 million mary apply to the
secretary for approval of such project. Nothing herein shall be construed to require a public
service district or municipal utility to use this program.
(b) Where the Secretary shall have found that the communitty infrastructure investment
project shall have met the requirements contained in this article, the Secretary shall issue a
certificate of appropriateness to the municipal utility or public service district as evidence of
such approval.
(c) Municipal utilities or public service districsts may jointly enter into agreements with
persons for the purpose of applying to the Secretary of the Department of Environmental
Protection for approval of project facilities. The minimum terms and conditions of such
agreements are established by the pgrovisions of section four of this article.
(d) The Secretary will, by legislative rule, establish the criteria for the approval of such
projects and shall have sole authority to make such determination.

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