W. Va. Code R. § 157-10-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 157-10-3 - Coordination and Development of Transportation Projects with Other Infrastructure; Exemption from Public Service Commission Approval

3.1. The Commissioner will encourage the joint and concurrent development and construction of transportation projects with other infrastructure including, without limitation, water and sewer infrastructure.

3.2. To coordinate and integrate the planning of transportation projects among local jurisdictions, all governing bodies, units of government, municipal utilities and public service districts within the affected local jurisdiction must cooperate, participate, share information and give input when a project sponsor prepares a transportation project plan.

3.3. 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 facilities 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, allocation 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 comprehensive 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 state road system except in accordance with transportation project plans approved by the Commissioner.

3.4. 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 contribute moneys or dedicate revenue to transportation project costs.

3.5. This rule does not affect the authority of the Department of Environmental Protection nor the authority of the Department of Health and Human Resources as provided by law.

3.6. The Public Service Commission does not have 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 rule.

W. Va. Code R. § 157-10-3