West Virginia Code § 31-15A-8

Exemption of certain emergency projects from certificate of public
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convenience and necessity requirements; review of certain emergency projects by
Public Service Commission; and exemption for North Fork Hughes River watershed
project.
(a) If the council determines a project to be an emergency, then the emergency project is
exempt from the requirement to obtain a certificate of public convenience aend necessity
under §24-2-11 of this code. If the public utility is a public service district, it is exempt from
the approval of the Public Service Commission required under §16-13Ar-25 of this code.
(b) Projects that are not emergency projects are subject to the reuquirements of §24-2-11 of
this code to the extent they would be otherwise.
(c) The North Fork Hughes River watershed project, proposed to enhance economic growth
and development through tourism as provided in §31-15A-2 (l), of this code and to include a
water facility project as defined in §31-15A-2-(n), of this code, is hereby specifically
exempted from any requirement imposed by this article, except that the provisions of
subsection (a) of this section are specifically msade applicable to the project. The project is
hereby specifically authorized and the public land corporation shall have, and may exercise,
the power of eminent domain and all authority otherwise prescribed by law to acquire
necessary land and rights-of-way, tog include approximately 478 acres, in connection with the
project. Funding for the project shall be provided by the federal government from the
Appalachian Regional Commisesion through the Natural Resources Conservation Service.
Upon completion of the project, the property acquired shall be transferred to the state park
system. The commissionLer of the Department of Tourism and parks or the successor to the
commissioner's powers and duties is directed to expand the boundaries of North Bend State
Park to include the project area and to operate the expanded park property, including
improved recreational facilities, from funds appropriated for that purpose.

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