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Home » US Law » 2022 West Virginia Code » Chapter 22. Environmental Resources » Article 28. Community Infrastructure Investment Projects

§22-28-1. Legislative Findings

The Legislature finds and declares that: (a) There is a growing need for the extension of public water and sewer services throughout the state and that the extension of such services and facilities maintains the health and economic vitality of the citizens of West Virginia. In addition, access to such infrastructure facilities is equal essential […]

§22-28-2. Definitions

For the purposes of this article, the following words or terms defined have the meaning ascribed to them herein: (a) "Certificate of appropriateness" shall refer to the document evidencing approval of a project and is issued by the Secretary of the Department of Environmental Protection pursuant to the provisions of this article. The issuance of […]

§22-28-3. Creation of Community Infrastructure Investment Project; Certificate of 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 municipal utility that wishes to accept […]

§22-28-6. Time for Approval

The Secretary shall approve or reject all applications for a community investment infrastructure project or agreement within thirty days, unless, by mutual agreement, such time period is extended. In no case shall the time period extend beyond ninety days.

§22-28-7. Fees

The Secretary shall establish by legislative rule a schedule of fees reasonably calculated to pay for the costs of the administration of the provisions of this article.

§22-28-8. Exemption From Public Service Commission Approval

All project facilities constructed or improved pursuant to the provisions of this article shall be exempt from the provisions of chapter twenty-four of this code until such time as title to the public facility shall be transferred to the municipal utility or public service district. Nothing herein shall be construed to give the Public Service […]

§22-28-9. Rule-Making Authority

The Secretary shall have the authority to propose legislative rules for promulgation in accordance with the provisions of section one, article three, chapter twenty-nine-a of this code to effectuate the purposes of this article. Notwithstanding any provision of this code to the contrary, the proposed legislative rules for this article filed in the state register […]