Bill > SB762

Introduced Session

A BILL to amend and reenact §22-36-1, §22-36-3, §22-36-4, §22-36-5, §22C-1-3, §22C-1-4, §22C-2-1, §22C-2-3, §22C-2-4, §22C-2-5, §24-2H-1, §24-2H-3, §24-2H-4, §24-2H-5, §24-2H-6, §24-2H-7, §24-2H-8, §31-15A-2, and §31-15A-10 of the Code of West Virginia, 1931, as amended; and to amend the code by adding eight new sections, designated §22C-1-5a, §24-2H-3a, §24-2H-3b, §24-2H-3c, §24-2H-4a, §24-2H-7a, §31-15A-3a, and §31-15A-9a, relating to comprehensive reform of the state’s water infrastructure systems; granting the Department of Environmental Protection administrative authority over the West Virginia Drinking Water Treatment Revolving Fund and the Water Pollution Control Revolving Fund; allowing 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; 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 10 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; and updating definitions in accordance with the changes made throughout.

AI Summary

Committee Categories

Randy Smith (R)*,  Mike Woelfel (D), 

To Finance (on 02/24/2026)

Official Document