Creating limited waiver from certificate of public convenience and necessity requirement for certain water or sewer services projects
Impact
If enacted, the bill is anticipated to streamline the process for public utilities to initiate construction on critical water or sewer infrastructure, thereby improving service delivery and expansion efforts. This move is seen as a mechanism to expedite the development of these essential services, especially in areas affected by the COVID-19 pandemic, as it encourages the utilization of earmarked federal funds effectively. The expedited application process is designed to enhance utility responsiveness to community needs.
Summary
Senate Bill 400 proposes amendments to ยง24-2-11 of the Code of West Virginia, aimed at establishing a limited waiver from the requirement of a certificate of public convenience and necessity for certain water and sewer projects. The bill allows public utilities or corporations that do not fall under political subdivisions and serve at least 4,500 customers with annual gross revenues of $3 million or more, to bypass this requirement for projects funded by the American Rescue Plan Act or related sources. This waiver is set to expire on April 30, 2025, facilitating quicker progression of essential infrastructure projects.
Sentiment
The sentiment surrounding SB400 appears to be generally positive among those advocating for improved public utility services and infrastructure funding. Proponents argue that this bill represents a critical step forward in reducing bureaucratic obstacles that have historically hampered timely delivery of water and sewer projects. However, concerns may arise regarding adequate safeguards and the need for public oversight in the expedited process, leading to potential debates about the balance between efficiency and regulatory oversight.
Contention
Noteworthy points of contention include the implications of allowing such a waiver, particularly regarding accountability in the management of public funds and potential impacts on local governance. Critics might argue that circumventing the certificate requirement could lead to insufficient public oversight and undesirable construction practices. Moreover, as the waivers only apply to specific funding sources, there may be concerns regarding equitable access to necessary improvements across different regions of the state.
Public building and public works; Public Construction Management Act for Political Subdivisions; modifying procedures for awarding work; removing certain option; effective date.