West Virginia 2023 Regular Session

West Virginia House Bill HB2865

Introduced
1/20/23  
Refer
1/20/23  
Engrossed
2/24/23  
Refer
2/25/23  
Refer
2/25/23  
Report Pass
3/7/23  
Enrolled
3/11/23  
Passed
3/11/23  

Caption

To clarify that the PSC may enter an order requiring corrective measures up to and including an acquisition of a distressed or failing utility

Impact

The enactment of HB 2865 is expected to significantly impact the regulation of water and wastewater services in West Virginia by streamlining processes for identifying and addressing utility failures. The PSC will now possess enhanced powers to enforce compliance and facilitate acquisitions, promoting the overall sustainability of public utilities. Additionally, the bill introduces a fresh mechanism for securing state and federal grant funding that can assist distressed utilities in their recovery efforts. The enhancements to oversight are expected to lead to improved service standards and a reduction in public health risks associated with failing utilities.

Summary

House Bill 2865 is a legislative amendment aimed at addressing the challenges faced by distressed and failing utilities in West Virginia, particularly in the water and wastewater sectors. The bill clarifies the authority of the Public Service Commission (PSC) to administer corrective measures, which may include the acquisition of struggling utilities by more stable entities. It establishes a protocol for evaluating the financial and operational health of utilities and stipulates that the PSC will generate a list of potentially unstable utilities for proactive intervention. This list will subsequently be shared with relevant stakeholders, ensuring heightened awareness and responsiveness to utility distress.

Sentiment

The sentiment surrounding HB 2865 appears largely favorable, particularly among those advocating for robust public health and efficient service delivery. Supporters label the bill as a necessary advancement in utility regulation, aiming to protect consumers from service interruption and reinforce public health safety. The consensus among legislators seems to lean toward prioritizing efficiency and accountability in utility management, which resonates well with the constituents relying on these essential services. However, there's an ongoing discussion about the balance of power under the bill, with some stakeholders indicating concerns about local governance and oversight during the acquisition process.

Contention

Notable points of contention related to HB 2865 involve the implications of increased state control over local utilities and the potential impacts on existing management structures. Critics may raise concerns that aggressive intervention by the PSC could undermine local governance or lead to inadequate attention to community-specific needs. The debate also centers around the criteria established to declare a utility as 'distressed,' as well as the processes enforced for determining suitable acquiring utilities. Balancing the need for regulatory clarity while preserving local autonomy remains a key challenge as discussions continue around the implementation of this legislation.

Companion Bills

No companion bills found.

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