Bill > HB5210

Introduced Session

A BILL to amend and reenact §22C-1-3, §22C-1-4, §24-2H-1, §24-2H-3, §24-2H-4, §24-2H-5, §24-2H-6, §24-2H-7, §24-2H-8, §31-15A-1, §31-15A-2, and §31-15A-10, of the Code of West Virginia, 1931, as amended; and to amend the code by adding thereto the following new sections, designated as §22C-1-5a, §24-2-4i, §24-2H-3a, §24-2H-3b, §24-2H-3c, §24-2H-4a, §24-2H-7a, §24-2J-1, §24-2J-2, §24-2J-3, §24-2J-4, §24-2J-5, §24-2J-6, §24-2J-7, §24-2J-8, §24-2J-9, §24-2J-10, §24-2J-11, §24-2J-12, §24-2J-13, §31-15A-3a, and §31-15A-9a, relating to comprehensive reform of the state’s water infrastructure systems; allowing certain private utilities to be eligible for low-interest loans through the Water Development Authority, so long as the issuance of loans to public utilities are prioritized; providing for an inflation-based rate adjustment for publicly owned water and sewer utilities; renaming the Distressed and Failing Utilities Improvement Act the Distressed and Failing Water and Wastewater Utilities Improvement Act; requiring mandatory reporting to municipal governing bodies and county commissions; requiring initial and renewed training for municipal governing bodies and county commissions overseeing public water and/or wastewater utilities; designating water and wastewater regions across the state; authorizing utilities to enter into Regional Cooperative Agreements, which shall include and encourage shared resources, and which should afford the participating utilities with benefits, such as relaxed regulatory requirements; creating a voluntary Early Intervention Pilot Program which shall afford six to ten public water and wastewater utilities with an opportunity to address critical matters before the utilities end up on the distressed and failing utilities watch list; modifying the process for placing public water and wastewater utilities on the watch list for water and wastewater utilities; establishing a mandatory improvement period for public water and wastewater utilities on the watch list for distressed and failing utilities; authorizing the Public Service Commission to order utilities which are exempt from being ordered to acquire a distressed or failing utility to enter into a memorandum of understanding to ensure that the distressed or failing utility continues to properly function while the Public Service Commission identifies an alternative acquiring utility; codifying the Consolidation Committee on the Water Development and Infrastructure Council, which allows for considering whether voluntary consolidation would improve an infrastructure project; establishing new guidelines for the use of state funds, which addresses when a public water or wastewater utility seeking funding is in substantial noncompliance with state regulations, and when a public water or wastewater utility is not current on its financial audits or has findings in said financial audits which are of concern; requiring guidelines for determining when to fund projects that include line extensions, and authorizing public water utilities to obtain use contracts with potential new customers before obtaining funding; allowing public water and wastewater utilities to seek a waiver of a preliminary engineering report prior to obtaining a recommendation to seek funding; requiring the Water Development Authority to work with public water and wastewater utilities to rectify any issues which may prevent the utility from being eligible for state funding for infrastructure projects; creating the Struggling Utilities Improvement Pilot Program; providing for the creation of a struggling utility support team within the Water Development Authority; authorizing the creation of subaccount within the Economic Enhancement Grant Fund to fund the support team; providing for the process for selecting utilities to participate in the pilot program; providing for notice to participating utilities; providing procedures for improvement plans, periods, assessment of improvement period, complaints by the support team against struggling utilities; authorizing the support team to charge the participating utility for certain cost of the improvement period and to forgive certain costs based on the utilities improvement; providing for limitations and application of open meetings requirements, confidentiality of documents, stakeholder meetings, and reports of the support team to the Governor and Legislature; updating definitions; and technical changes throughout.

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Roger Hanshaw (R)*,  Sean Hornbuckle (D), 

To House Finance (on 02/26/2026)

Official Document