Bill > HB2416

This bill aims to make the process for utilities to gain access to the Department of Highways' (DOH) rights-of-way more efficient. The key provisions are: 1. The bill allows the DOH Commissioner to lease real property or rights to utilities for the purpose of accommodating utility facilities, with the lease term not exceeding 30 years and without requiring competitive bids or public solicitations. The fair market value for such leases is set at $0 in monetary compensation, as the bill recognizes the fundamental value that the maintenance and expansion of utility services provides to the state's citizens. 2. The bill establishes a "Dig Once" policy, requiring telecommunications carriers to notify and coordinate with each other before obtaining a permit for construction or installation of facilities in DOH rights-of-way. This aims to facilitate joint trenching and cost-sharing among carriers. 3. The bill outlines the compensation structure for carriers accessing DOH rights-of-way, allowing for both monetary and in-kind compensation, such as conduit, fiber, or other telecommunications facilities. The valuation of in-kind compensation must be equal to or greater than the monetary compensation. 4. The bill provides some exceptions to the joint trenching requirements, such as for projects under 1,000 feet or where the carrier installs an equal amount of spare conduit for lease to other carriers. Overall, the bill streamlines the process for utilities to access DOH rights-of-way, promotes coordination among carriers, and establishes a framework for fair and transparent compensation to the state.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2416&year=2019&sessiontype=RS&btype=bill