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WV Code § 24B-5-2 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 5. Employees of Commission; Funding|§24B-5-2. Compensation to Commissioners

Each member of the commission shall receive a salary in the amount set forth in section three, article one, chapter twenty-four of this code as compensation for the administration of this chapter in addition to all other salary or compensation otherwise provided for by law, to be paid at least twice per month from the Public Service Commission Pipeline Safety Fund.
WV Code § 24B-5-3 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 5. Employees of Commission; Funding|§24B-5-3. Funding; Property and Revenue License Fees

(a) Every pipeline company shall pay a special license fee in addition to those now required by law. The amount of such fees shall be fixed by the Public Service Commission and levied by it annually on each pipeline company at a rate of $18.60 per mile of three-inch equivalent pipeline included in a company’s pipeline facilities. The calculation of a company’s number of miles of three-inch equivalent pipeline for the purposes of assessing fees shall be determined on the basis of the pipeline company’s reports submitted to the commission in such form as the commission may prescribe. All fees assessed pursuant to this section shall be paid on or before July 1 in each year.(b) Such sums collected under subsection (a) of this section shall be paid into the State Treasury and kept as a special fund, designated the Public Service Commission Pipeline Safety Fund, to be appropriated as provided by law for the purpose of paying the salaries, compensation, costs and expenses of its employees to the extent of the employees’ direct involvement in the enforcement of the provisions of this article. Any balance in said fund at the end of any fiscal year shall not revert to the Treasury, but shall remain in said fund and may be appropriated as provided in this subsection. All funds which heretofore were in the Public Service Commission Gas Pipeline Safety Fund shall be transferred to the Public Service Commission Pipeline Safety Fund.
WV Code § 24B-6-1 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 6. Judicial Review; Nature of Commission's Powers|§24B-6-1. Appeal From Commission's Action

Any party feeling aggrieved by the entry of a final order by the commission, affecting him or it, may present a petition in writing to the Supreme Court of Appeals, or to a judge thereof in vacation, within thirty days after the entry of such order, praying for the suspension of such final order. The petitioner shall deliver a copy of such petition to the secretary of the commission before presenting the same to the court or the judge. The court or judge shall fix a time for the hearing on the petition, but such hearing, unless by agreement of the parties, shall not be held sooner than five days after its presentation; and notice of the time and place of such hearing shall be forthwith delivered to the secretary of the commission, so that the commission may be represented at such hearing by one or more of its members or by counsel. If the court or the judge after such hearing be of the opinion that a suspending order should issue, the court or the judge may require bond, upon such conditions and in such penalty, and impose such terms and conditions upon the petitioner, as are just and reasonable. For such hearing the commission shall file with the clerk of said court all papers, documents, evidence and records or certified copies thereof as were before the commission at the hearing or investigation resulting in the entry of the order from which the petitioner appeals. The commission shall file with the court before the day fixed for the final hearing a written statement of its reasons for the entry of such order, and after arguments by counsel the court shall decide the matter in controversy as may seem to be just and right.
WV Code § 24B-6-2 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 6. Judicial Review; Nature of Commission's Powers|§24B-6-2. Commission's Powers Additional in Nature

The powers conferred and duties imposed upon the commission by this chapter are in addition to, and not in derogation of, the powers conferred and duties imposed upon the commission by chapter twenty-four and chapter twenty-four-a of the code.
WV Code § 24C-1-1 (2021)
2021 West Virginia Code|Chapter 24C. Underground Facilities Damage Prevention|Article 1. One-Call System|§24C-1-1. Purpose

It is hereby declared to be the purpose and policy of the Legislature in enacting this article to enhance the safety of the citizens of this state and to provide increased protection to underground facilities from damage due to excavation or demolition by providing for the operation of a one-call system for use by operators of underground facilities and by persons engaged in excavation or demolition in the vicinity of underground facilities.
WV Code § 24C-1-2b (2021)
2021 West Virginia Code|Chapter 24C. Underground Facilities Damage Prevention|Article 1. One-Call System|§24C-1-2b. Underground Damage Prevention Fund

(a) There is hereby created an Underground Damage Prevention Fund to be administered and used by the Underground Damage Facilities Prevention Board for the purpose of carrying out its duties under this article. All sources of funds collected by the board under this article, including, but not limited to, grants, assessments, and civil penalties collected pursuant to this article, shall be deposited into the fund. Any moneys remaining in the fund at the end of the fiscal year shall not revert to the General Fund, but shall remain in the fund for the exclusive use of the board. The expenditure of moneys in the fund shall be at the discretion of the board to carry out its duties under this article. Excess funds shall be used for purposes related to damage prevention, including, but not limited to, public awareness programs, training, and educational programs for excavators, operators, line locators, and persons to reduce the number and severity of violations of this article.(b) The Public Service Commission or the board, or both, may apply for available grants, including those awarded by the United States Department of Transportation’s Pipeline and Hazardous Materials and Safety Administration. The board shall comply with any restrictions placed on any grant received from a government agency. Grants may be used to fund the cost of services associated with this article or for the purposes stated in each grant.(c) In the event that the annual cost of services associated with this article exceed the funds available in the fund, the annual operating costs shall be apportioned in a proportional manner and collected by the one-call system from the operators in an amount equal to the amount necessary to offset the cost of investigative and administrative services. Under no circumstances shall any operating costs or liabilities of the board be ultimately deducted or paid from Public Service Commission special revenue funds.
WV Code § 24C-1-3 (2021)
2021 West Virginia Code|Chapter 24C. Underground Facilities Damage Prevention|Article 1. One-Call System|§24C-1-3. Duties and Responsibilities of Operators of Underground Facilities; Failure of Operator to Comply

(a) Each operator of an underground facility in this state shall be a member of a one-call system for the area in which the underground facility is located. (b) Each member shall provide the following information to the one-call system on forms developed and provided for that purpose by the one-call system:(1) The name of the member;(2) The geographic location of the member’s underground facilities as prescribed by the one-call system; and(3) The member’s office address and telephone number to which inquiries may be directed as to the locations of the operator’s underground facilities.(c) Each member shall revise in writing the information required by §24C-1-3(b) of this code as soon as reasonably practicable, but not to exceed 180 days, after any change.(d) Within 48 hours, excluding Saturdays, Sundays, and legal federal or state holidays, after receipt of a notification by the one-call system from an excavator of a specific area where excavation or demolition will be performed, the operator of underground facilities shall:(1) Respond to such notification by providing to the excavator the approximate location, within two feet horizontally from the outside walls of such facilities, and type of underground facilities at the site;(2) Use the color code prescribed in §24C-1-6 of this code when providing temporary marking of the approximate location of underground facilities; and(3) Notify the excavator that the operator did not leave a temporary marking of the location of underground facilities because there are no lines in the area of the proposed excavation or demolition.(e) Failure of an operator who is required to be a member to comply with the provisions of this article may not prevent the excavator from proceeding but shall bar the operator from recovery of any costs associated with damage to its underground facilities resulting from such failure, except for damage caused by the willful or intentional act of the excavator.(f) Notwithstanding the provisions of §24C-1-3(e) of this code, a member is not barred from recovery under §24C-1-3(e) of this code for failure to comply with §24C-1-3(d)(1) of this code, but shall have his or her right to recover, if any, determined by common law, if the operator responded to one-call notification in a timely manner, but was unable to accurately locate lines because such lines were nonmetallic and had no locating wire or other marker.
WV Code § 24C-1-4 (2021)
2021 West Virginia Code|Chapter 24C. Underground Facilities Damage Prevention|Article 1. One-Call System|§24C-1-4. Qualifications for Certification and Responsibilities of a One-Call System

(a) In order to qualify for certification as a one-call system under the provisions of this article, a one-call system shall be operated on a not-for-profit basis but may be operated by any one or more of the following:(1) A person who operates underground facilities;(2) A private contractor;(3) A state or local government agency; or(4) A person who is otherwise eligible under state or federal law to operate a one-call system.(b) A one-call system which complies with the requirements set forth in subsection (a) of this section shall be certified by the Public Service Commission for the area in which it will conduct operations prior to commencing such operations: Provided, That any one-call system in operation prior to January 1, 1996, may not be required to be so certified. The Public Service Commission shall certify a one-call system where the public interest so requires and when such system complies with the provisions of this article.(c) A one-call system operating under the provisions of this article shall:(1) Receive and record information from excavators about intended excavation or demolition activities;(2) Promptly transmit to its affected members the information received from excavators about intended excavation or demolition;(3) Maintain a record of each notice of intent to engage in excavation or demolition, provided pursuant to the requirements of section five of this article;(4) Upon receipt of notification of intended excavation or demolition from an excavator, inform the person making such notification of the names of all members having underground facilities in the vicinity of the intended work site; and(5) Assign a serial number for each notification received from an excavator and provide that serial number to both the excavator and affected members.
WV Code § 24C-1-6 (2021)
2021 West Virginia Code|Chapter 24C. Underground Facilities Damage Prevention|Article 1. One-Call System|§24C-1-6. Standard Color Code for Temporary Markings

Temporary marking provided by operators and excavators to indicate the approximate location of underground facilities and work site boundaries shall utilize the following color code per facility type:(1) WHITE: Proposed excavation.(2) PINK: Temporary survey markings.(3) RED: Electric power lines, cables, conduit, and lighting cables.(4) YELLOW: Gas, oil, steam, petroleum, or gaseous materials.(5) ORANGE: Communication, alarm or signal lines, cables, or conduit.(6) BLUE: Potable water.(7) PURPLE: Reclaimed water, irrigation, or slurry lines.(8) GREEN: Sewer or drain lines.
WV Code § 24C-1-7 (2021)
2021 West Virginia Code|Chapter 24C. Underground Facilities Damage Prevention|Article 1. One-Call System|§24C-1-7. Exceptions During Emergencies

(a) Compliance with the notification requirements of §24C-1-5 of this code is not required of any person engaging in excavation or demolition in the event of an emergency: Provided, That the person gives oral notification of the emergency work as soon as reasonably practicable to the one-call system.(b) During any emergency, excavation or demolition may begin immediately: Provided, That reasonable precautions are taken to protect underground facilities: Provided, however, That such precautions may not serve to relieve the excavator from liability for damage to underground facilities. The one-call system shall accept all emergency notifications and shall provide immediate notice to the affected members and indicate the emergency nature of the notice.(c) Repair or replacement of an existing traffic control device at the existing location and existing depth shall be considered an emergency, and compliance with the notice requirements of this section shall not be required of any local or state government responding to the emergency repair or replacement of a traffic control device.
WV Code § 24C-1-8 (2021)
2021 West Virginia Code|Chapter 24C. Underground Facilities Damage Prevention|Article 1. One-Call System|§24C-1-8. Construction; Sovereign Immunity

(a) This article shall be liberally construed so as to effectuate the public policy set forth in section one of this article.(b) Nothing in this article may be construed as imposing liability upon a state agency from which the agency is otherwise immune.
WV Code § 24C-1-9 (2021)
2021 West Virginia Code|Chapter 24C. Underground Facilities Damage Prevention|Article 1. One-Call System|§24C-1-9. Civil Enforcement

(a) Any person who violates this article by failure to notify the one-call system, or who violates the rules proposed or promulgated under this article, shall be subject to civil penalty as follows:(1) For a first violation, the violator shall complete a course of training concerning compliance with this article as determined by the board; (2) For a second violation occurring within a five-year period, the violator shall complete a course of training concerning compliance with this article as determined by the board or pay a civil penalty in an amount set by the board, not to exceed $500 per incident, or both;(3) For a third or subsequent violation occurring within a five-year period, the violator shall pay a civil penalty in an amount set by the board, not to exceed $2,500 per incident; and(4) Notwithstanding this section, if any violation was the result of gross negligence or willful or wanton misconduct as determined by the board, the board shall require the violator to complete a course of training concerning compliance with this article as determined by the board and pay a civil penalty not to exceed $5,000 per incident.(b) Any person who is required to complete a course of training under this section shall be responsible for the cost of the training. As used in this section, “course of training” means training developed by or under the direction of the board.(c) Any excavator who violates this article by failing to notify the one-call system of the intended excavation or demolition may be required to cease work on any excavation, or not start a proposed excavation, until the excavator complies with this article.(d) Nothing in this article shall limit any person’s right to pursue any additional civil remedy otherwise allowed by law. (e)(1) If the person to whom the citation is issued under this section does not pay the citation or submit to training as ordered or both, within 30 days, the board shall appoint a hearing officer to conduct a hearing and issue an initial order pursuant to the State Administrative Procedures Act. The hearing shall be held at the time and place set forth in the citation notice of hearing in the county where excavation referenced in the citation occurred, unless otherwise agreed to by the person to whom the citation was issued.(2) A person aggrieved by the final order may, within 30 days, file a petition for judicial review pursuant to §29A-1-1 et seq. of this code.
WV Code § 24C-1-10 (2021)
2021 West Virginia Code|Chapter 24C. Underground Facilities Damage Prevention|Article 1. One-Call System|§24C-1-10. Scope of Authority

Nothing in this article shall restrict or expand the jurisdiction of the Public Service Commission.
WV Code § 24C-1-11 (2021)
2021 West Virginia Code|Chapter 24C. Underground Facilities Damage Prevention|Article 1. One-Call System|§24C-1-11. Underground Utilities to Be Locatable

All underground facilities owned by an operator that are installed on or after July 1, 2018, shall be installed in a manner that will make those underground facilities locatable using a generally accepted locating method.
WV Code § 24D-1-1 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-1. Legislative Findings

The Legislature finds that television is an important source of information and entertainment affecting the welfare and economy of the state, and that cable television services have become widespread, often providing the only access to quality television signals in many areas of the state. The Legislature finds that it is in the public interest to establish uniform standards within the State of West Virginia for the issuance, renewal and transfer of cable television franchises; to establish uniform standards for the provision of cable service; to establish uniform procedures for the investigation and resolution of complaints concerning cable service; and to establish just, reasonable and nondiscriminatory rates and charges for the provision of cable service to the extent that the service is not subject to effective competition. The purpose of the article is to promote such goals by all available means not in conflict with federal law, rules or regulations.
WV Code § 24D-1-4 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-4. Existing Cable Franchises

(a) The provisions of any cable franchise in effect on the effective date of this chapter shall remain in effect, subject to the express provisions of this article, and for no longer than the then current remaining term of the franchise as such franchise existed on the effective date.(b) For purposes of subsection (a) of this section and other provisions of this article, a cable franchise shall be considered in effect on the effective date of this article if such franchise was granted on or before such effective date.
WV Code § 24D-1-6 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-6. Application or Proposal for Cable Franchise; Fee; Certain Requirements

(a) No cable franchise shall be issued except upon written application or proposal therefor to the franchising authority, accompanied by a fee of $250.(b) An application for issuance of a cable franchise shall be made on a form prescribed by the commission. The application shall set forth the facts as required by the commission to determine whether a cable franchise should be issued, including facts as to:(1) The citizenship and character of the applicant;(2) The financial, technical and other qualifications of the applicant;(3) The principals and ultimate beneficial owners of the applicant;(4) The public interest to be served by the requested issuance of a cable franchise; and(5) Any other matters deemed appropriate and necessary by the commission including the proposed plans and schedule of expenditures for or in support of the use of public, educational and governmental access facilities.(c) A proposal for issuance of a cable franchise shall be accepted for filing only when made in response to the written request of the franchising authority for the submission of proposals.
WV Code § 24D-1-7 (2021)
2021 West Virginia Code|Chapter 24D. Cable Television|Article 1. Cable Television Systems Act|§24D-1-7. Cable Franchise Application or Proposal Procedure; Public Hearing; Notice

An application or proposal for a cable franchise shall be processed as follows:(1) After the application or proposal and required fee are received by the franchising authority within a time frame established by rule promulgated by the commission, the franchising authority shall notify an applicant in writing of the acceptance or nonacceptance for filing of an application or proposal for issuance of a cable franchise required by this chapter.(2) After the issuance of a notice of acceptance for filing and within a time frame established by rule promulgated by the commission, the franchising authority shall hold a public hearing on the application or proposal to afford interested persons the opportunity to submit data, views or arguments, orally or in writing. If the franchising authority is the commission, notice thereof shall be given to the city council and mayor of any municipalities affected, the county commission of any counties affected and to any telephone or other utility and cable company in the county or counties in which the proposed service area is located, and a representative of the governing body of a municipality or county commission may appear at the public hearing to represent the interests of the public which will be served by the issuance of a cable franchise. The franchising authority shall also cause notice of the application and hearing to be published at least once in each of two successive weeks in a newspaper of general circulation in the county or counties in which the proposed service area is located. The last published notice shall appear at least fifteen days prior to the date of the hearing.(3) After holding a public hearing, the franchising authority shall approve the application or proposal, in whole or in part, with or without conditions or modifications, or shall deny the application or proposal, with reasons for denial sent in writing to the applicant. Upon denial of the application or proposal, the applicant may appeal such denial to the circuit court of the county in which the franchise is to be located, which appeal shall be filed and considered in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code.(4) The provisions of this article supersede and replace all other state requirements regarding the issuance, notification and terms and conditions of a cable franchise.