WEST virginia legislature
2021 regular session
Introduced
House Bill 3181
By Delegate Riley
[Introduced March 16, 2021; Referred to the Committee on Technology and Infrastructure then the Judiciary]
A BILL to amend and reenact §24-2-2 of the Code of West Virginia, 1931, as amended, relating to giving water and/or sewer utilities that are political subdivisions the same authority as is currently experienced by water and/or sewer providers that exceed 4500 customers and $3 million in revenue; and, to provide that the proper place for compelling action by a utility is with the Public Service Commission or Supreme Court, not the circuit court.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.
§24-2-2. General power of commission to regulate public utilities.
(a) The commission may
investigate all rates, methods, and practices of public utilities subject to
the provisions of this chapter; to require them to conform to the laws of this
state and to all rules, regulations and orders of the commission not contrary
to law; and to require copies of all reports, rates, classifications,
schedules, and timetables in effect and used by the public utility or other
person to be filed with the commission, and all other information desired by
the commission relating to the investigation and requirements, including
inventories of all property in the form and detail as the commission
prescribes. The commission may compel obedience to its lawful orders by
mandamus or injunction or other proper proceedings in the name of the state
in any circuit court having jurisdiction of the parties or of the subject
matter, or in the Supreme Court of Appeals directly, and the
proceedings shall have priority over all pending cases. The commission may
change any intrastate rate, charge, or toll which is unjust or unreasonable or
any interstate charge with respect to matters of a purely local nature which
have not been regulated, by or pursuant to, an act of Congress and may
prescribe a rate, charge, or toll that is just and reasonable, and change or
prohibit any practice, device, or method of service in order to prevent undue
discrimination or favoritism between persons and between localities and between
commodities for a like and contemporaneous service. But in no case may the
rate, toll, or charge be more than the service is reasonably worth, considering
the cost of the service. Every order entered by the commission shall continue
in force until the expiration of the time, if any, named by the commission in
the order, or until revoked or modified by the commission, unless the order is
suspended, modified, or revoked by order or decree of a court of competent
jurisdiction: Provided, That in the case of utilities used by emergency
shelter providers, the commission shall prescribe rates, charges or tolls that
are the lowest available. “Emergency shelter provider” means any nonprofit
entity which provides temporary emergency housing and services to the homeless
or to victims of domestic violence or other abuse.
(b) Notwithstanding any other provision of this code to the contrary, rates are not discriminatory if, when considering the debt costs associated with a future water or sewer project which would not benefit existing customers, the commission establishes rates which ensure that the future customers to be served by the new project are solely responsible for the debt costs associated with the project.
(c) Notwithstanding any other provision of this code
to the contrary, the jurisdiction of the commission over water and/or sewer
utilities that are political subdivisions of the state providing a separate or
combined services and having at least 4,500 customers and annual combined
gross revenues of $3 million or more is limited to those powers enumerated
in §24-2-1(b) of this code.
(d) Notwithstanding any other provision of this code to the contrary, the jurisdiction of the commission does not extend over the setting or adjustment of rates, fees, and charges of municipal power systems. The rates, fees, charges, and rate-making process of municipal power systems is governed by the provisions of §8-19-2a of this code.
NOTE: The purpose of this bill is to give water and/or sewer utilities that are political subdivisions the same authority as is currently experienced by water and/or sewer providers that exceed 4500 customers and $3 million in revenue. And, to provide that the proper place for compelling a utility is with the PSC or Supreme Court. Not the circuit court.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.