WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Enrolled Senate Bill 452
By Senators Tarr, Jeffries, Phillips, and Plymale [Passed March 8, 2024; in effect 90 days from passage]
 Enr SB 452
1 AN ACT to amend and reenact §31-15A-8 of the Code of West Virginia, 1931, as amended,
2 relating to designating certain water and wastewater facilities as an emergency project;
3 and modifying the requirements to the designation.
Be it enacted by the Legislature of West Virginia:
ARTICLE 15A. WEST VIRGINIA INFRASTRUCTURE AND JOBS DEVELOPMENT
COUNCIL.
§31-15A-8. Exemption of certain emergency projects from certificate of public convenience and necessity requirements; review of certain emergency projects by Public Service Commission; and exemption for North Fork Hughes River watershed project.
1 (a) If the council determines a project to be an emergency, then the emergency project is
2 exempt from the requirement to obtain a certificate of public convenience and necessity under
3 §24-2-11 of this code. If the public utility is a public service district, it is exempt from the approval of
4 the Public Service Commission required under §16-13A-25 of this code.
5 (b) Projects that are not emergency projects are subject to the requirements of §24-2-11 of
6 this code to the extent they would be otherwise.
7 (c) The North Fork Hughes River watershed project, proposed to enhance economic
8 growth and development through tourism as provided in §31-15A-2 (l), of this code and to include
9 a water facility project as defined in §31-15A-2-(n), of this code, is hereby specifically exempted
10 from any requirement imposed by this article, except that the provisions of subsection (a) of this
11 section are specifically made applicable to the project. The project is hereby specifically
12 authorized and the public land corporation shall have, and may exercise, the power of eminent
13 domain and all authority otherwise prescribed by law to acquire necessary land and rights-of-way,
14 to include approximately 478 acres, in connection with the project. Funding for the project shall be
15 provided by the federal government from the Appalachian Regional Commission through the
16 Natural Resources Conservation Service. Upon completion of the project, the property acquired
1
 Enr SB 452
17 shall be transferred to the state park system. The commissioner of the Department of Tourism and
18 parks or the successor to the commissioner's powers and duties is directed to expand the
19 boundaries of North Bend State Park to include the project area and to operate the expanded park
20 property, including improved recreational facilities, from funds appropriated for that purpose.
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Statutes affected:
Introduced Version: 31-15A-8
Enrolled Version: 31-15A-8