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.
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
Public building and public works; Public Construction Management Act for Political Subdivisions; modifying procedures for awarding work; removing certain option; effective date.