West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-61 - Community Infrastructure Investment Program › Section 47-61-4 - Community Infrastructure Investment Agreements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each proposed Agreement must be
				submitted to the Secretary for review and approval as part of the application
				for a certificate, using a standard form of agreement as prescribed by the
				Secretary. The public utility and the person intending to construct a community
				infrastructure project may agree to terms which are different from or
				additional to those contained in the standard form of agreement provided such
				terms are set forth in an appendix to the standard form of agreement. The
				Secretary may approve, reject, or modify such additional or different terms. In
				the event the Secretary rejects or modifies such additional different terms,
				construction on the project will not be initiated until the certificate has
				been issued and a copy of the executed Agreement, as modified by the Secretary,
				has been returned to the Secretary.
4.2. Each proposed Agreement must contain the
				following information:
4.2.a. The project
				facilities must be engineered and constructed in accordance with the
				requirements for new construction established by the public utility;
4.2.b. Proof or certification of the
				financial ability of the public utility to maintain and operate the public
				facilities;
4.2.c. Certification
				that upon completion and activation of the project facility or improvements to
				the project facility, the title to the public facility must be transferred
				without cost to the public utility;
4.2.d. A finding that the construction of the
				new public facility, or the substantial improvement or expansion of an existing
				public facility, either:
(I) fosters economic
				growth by promoting commercial, industrial or residential development; and
(ii)improves water quality or
				otherwise enables the affected territory to achieve compliance with any
				applicable state or federal health or environmental law;
4.2.e. The public utility will receive or
				otherwise obtain without cost to the public all necessary rights-of-way for the
				operation of the public facility;
4.2.f. The rates charged by a public utility
				to new customers to be served by the project facility must be the rates in
				effect at the time of transfer of the project facility to the utility, unless
				the revenues to be generated from new customers at the utility's rates in
				effect at the time of transfer are less than the utility's cost of service of
				the project facility, in which case the utility shall charge rates to the new
				customers to be served by the project facility which are expected to equal or
				exceed by no more than 15% the utility's expected cost of service of the
				project facility, until such time as new rates may be finally enacted by the
				public utility and approved by the Public Service Commission of West Virginia.
				The rates charged by the public utility to existing customers must not be
				adversely impacted as a result of the obligation of the public utility pursuant
				to the community infrastructure investment agreement;
4.2.g. Confirmation that the agreement does
				not violate any of the bond covenants imposed on the public utility;
4.2.h. Proof that necessary permits, where
				applicable, have been obtained from the Bureau for Public Health and the
				Department of Environmental Protection;
4.2.i. Evidence that the person responsible
				for the construction of or improvements to the public facility has provided
				funding to the public utility for the engagement of an engineer qualified to
				inspect and certify that the project has been constructed in accordance with
				plans approved by the Bureau for Public Health and the Department, and that
				said project has been constructed in a good and workmanlike manner;
				and
4.2.j. Proof that the person
				responsible for construction of or improvements to the public facility has
				obtained a performance bond securing performance for the benefit of the public
				utility equal to the estimated cost of construction: Provided, that the form of
				the bond required by this section shall be approved by the Secretary and may
				include, at the option of the Secretary, surety bonding, collateral bonding
				(including cash and securities), bonding fund participation as established by
				the Secretary, self-bonding or a combination of these methods.