H. B. 2505
By Mr. Speaker, (Mr. Thompson) and Delegate Armstead
[By Request of the Executive]
(Originating in the House Committee on the Judiciary)
[February 25, 2013]
A BILL to amend and reenact §24B-4-6 of the Code of West Virginia,
1931, as amended, relating to civil penalties imposed by the
Public Service Commission for pipeline safety violations;
increasing civil penalties; providing that civil penalties
collected by the Public Service Commission are submitted to
the Treasurer for deposit in the General Revenue Fund; and
prohibiting consideration of assessed penalties for rate
Be it enacted by the Legislature of West Virginia:
That §24B-4-6 of the Code of West Virginia, 1931, as amended,
by amended and reenacted to read as follows:
ARTICLE 4. HEARINGS; BURDEN OF PROOF; ENFORCEMENT.
(a) Any person who violates any provision of this chapter or
any valid regulation or order issued thereunder
shall be is subject to a civil penalty to be imposed by the commission not to exceed
$1,000 $200,000 for each violation for each day the violation
persists: Provided, That the maximum aggregate civil penalty shall
may not exceed $200,000 $2 million for any related series of
(b) Any civil penalty may be compromised by the commission.
In determining the amount of penalty, or the amount agreed upon in
compromise, the commission shall consider the appropriateness of
the penalty to the size of the business of the person charged, the
gravity of the violation, and the good faith of the person charged
in attempting to achieve compliance after notification of the
shall be considered The amount of the penalty, when
finally determined, or the amount agreed upon in compromise, may be
deducted from any sums owing by the state
to the person charged or
may be recovered in a civil action in the state courts.
(c) Civil penalties collected by the commission under this
section shall be
paid into the State Treasury submitted to the
Treasurer for deposit into the General Revenue Fund.
_____(d) No civil penalty paid under this section may be considered
by the commission in support of any application for a rate increase
submitted by the violator.