West Virginia 2024 Regular Session

West Virginia House Bill HB5089

Introduced
1/25/24  

Caption

Creating limited waiver from certificate of public convenience and necessity requirement for certain water or sewer services projects

Impact

The bill specifically impacts existing provisions regarding public utility regulations by allowing certain projects to bypass the standard certification process required by the Public Service Commission. By permitting projects funded by ARPA or SFR to proceed without obtaining this certification—if they propose a modest rate increase of 20 percent or less and are approved by appropriate councils—HB5089 aims to promote quicker infrastructural development. This change is set to expire on January 1, 2025, potentially invigorating the local water or sewer service development efforts while the waiver is in effect.

Summary

House Bill 5089 proposes a limited waiver from the requirement for obtaining a certificate of public convenience and necessity for specific water or sewer service projects in West Virginia. This waiver applies to projects that are funded, wholly or partially, by the American Rescue Plan Act (ARPA) or the Coronavirus State Fiscal Recovery Fund (SFR) and meet certain criteria. The intent of the bill is to facilitate the construction of necessary infrastructure projects by simplifying regulatory requirements, allowing a smoother pathway to implementation, especially when funding is secured from federal resources.

Sentiment

General sentiment around HB 5089 appears to be cautiously positive among proponents who emphasize the need for urgent improvements in water and sewer infrastructure that can be swiftly addressed with relatively minimal regulatory delays. However, there may also be concerns from critics regarding the potential for rapid implementation without thorough vetting or long-term oversight, given the expedited nature of the waiver provisions. The balance between regulatory oversight and the urgent need for infrastructure development is a point of discussion.

Contention

Notable points of contention surrounding HB 5089 include the implications of bypassing standard procedures that ensure comprehensive community input and the technical feasibility of projects. While supporters may tout the benefits of expedited development, opposition may raise questions about accountability and safeguards that typically accompany the certification process. The potential for disputes or dissatisfaction among residents regarding rate changes resulting from these expedited projects could further fuel the debate, particularly if perceived to prioritize swift development over community needs.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2954

Eliminate need for Certificate of public convenience for water and sewer utilities

WV HB2870

Correcting a reference relating to siting certificates for certain electric generating facilities

WV SB122

Preventing public water and sewer utilities from prohibiting customer from constructing, installing, or maintaining connection to public utility

WV HB3446

Clarifying the powers and duties of Public Service Commission as to electric generating facilities

WV SB613

Relating generally to certificates of need

WV HB2864

To require larger municipally owned public water and wastewater utilities to pass rates to meet the same standards as utilities regulated under Chapter 24 of the Code

WV SB631

Updating administration, funding, and requirements for federal elections held in WV

WV HB3539

Relating to increasing individual customer on-site generator limits

WV SB612

Eliminating certain centers from certificate of need review

WV SB528

Requiring certificate of need be subject to legislative rulemaking

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