Designating certain water and wastewater facilities as emergency project
Impact
The bill's impact on state laws includes a modification of the requirements for categorizing projects as emergencies. If designated as an emergency by the West Virginia Infrastructure and Jobs Development Council, projects are exempt from standard approval processes that would otherwise be necessary. This change aims to enhance the efficiency of public utility projects, particularly in times of urgent need while ensuring that projects intended for economic growth, such as the North Fork Hughes River watershed project, can proceed without bureaucratic delays.
Summary
Senate Bill 452, passed on March 8, 2024, aims to amend and reenact certain provisions of the Code of West Virginia regarding the designation of specific water and wastewater facilities as emergency projects. By designating these facilities as emergency projects, the bill exempts them from obtaining a certificate of public convenience and necessity, which is typically required under state law. This amendment seeks to streamline the process for urgent infrastructure projects, facilitating faster development and response to local needs.
Sentiment
General sentiment surrounding SB452 appears to be positive, particularly among those focused on infrastructure and economic development. Proponents argue that the bill will encourage prompt action on critical water and wastewater projects, which are essential for community health and economic vitality. The unanimous voting record, with 96 yeas and no nays, reflects a consensus on the benefit of expediting necessary projects to support local economies and improve public services.
Contention
Despite the positive reception, there could be potential contention regarding the criteria for classifying an emergency project. Some stakeholders may concern themselves over the lack of oversight that comes with exemptions from standard approval processes. Questions may arise about ensuring sufficient checks and balances to prevent misuse of the emergency designation and to protect public interest, ensuring that projects genuinely meet emergency criteria rather than expediting unnecessary developments.
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
Relating to the consumers sales and service tax and returning the refundable exemption for sales of construction and maintenance materials acquired by a second party for use in Division of Highways projects