WEST VIRGINIA LEGISLATURE

2022 REGULAR SESSION

Introduced

House Bill 4421

By Delegates Storch, Howell, Martin, Barnhart, Zatezalo, Householder, Criss, Clark, Hamrick and Mandt

[Introduced January 27, 2022; Referred
to the Committee on Political Subdivisions then Finance.]

A BILL to amend and reenact §16-13A-9b of the Code of West Virginia, 1931, as amended, relating to requiring a public service district or a municipality included in a public service district to refund any charges to an owner of a privately-owned swimming pool since the effective date of the enactment of this section on April 10, 2021.

Be it enacted by the Legislature of West Virginia:

ARTICLE 13A. PUBLIC SERVICE DISTRICTS.

§16-13A-9b. Exemptions for Swimming Pools.

(a) A public service district or a municipality included in a public service district shall provide the owner of a privately-owned swimming pool with an exemption from sewer charges for the water required to fill the swimming pool if the water is not discharged into the sewer system.

(b) In order for the owner of a privately-owned swimming pool to qualify for the exemption, the owner shall provide the dimensions of the swimming pool that is being filled to the public service district within 30 days of filling the swimming pool.

(c) The public service district or a municipality included in a public service district shall calculate the volume of the swimming pool and allow the owner of the privately-owned swimming pool to use the amount of water necessary to fill the pool without charging the owner for the corresponding sewer charges that would normally be associated for that amount of use.

(d) The public service district or a municipality included in a public service district may inspect the swimming pool of the owner of a privately-owned swimming pool applying for the exemption to verify the dimensions of the swimming pool submitted by the owner.

(e) Notwithstanding any other provision of this section or code to the contrary, a public service district or a municipality included in a public service district shall refund any charges to an owner of a privately-owned swimming pool since the effective date of the enactment of this section on April 10, 2021.

NOTE: The purpose of this bill is to require a public service district, or a municipality included in a public service district to refund any charges to an owner of a privately-owned swimming pool since the effective date of the enactment of this section on April 10, 2021.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.