WEST virginia legislature
2021 regular session
Originating
House Bill 3129
By Delegates Capito, Keaton, and L. Pack
[Originating in the Committee on Judiciary; reported on March 11, 2021]
A BILL to amend §24A-5-2a of the Code of West Virginia, 1931, as amended; relating to clarifying how the Consumer Price Index rate increase percentage is calculated regarding solid waste motor carriers rate increases; requiring a revised tariff show the rate increase to be filed; providing flexibility to covered companies to protest or accept rates; and, providing when such increases become effective in each instance.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. POWERS AND DUTIES OF COMMISSION.
§24A-5-2a. Procedure for changing rates for collection and hauling of solid waste by motor carriers; rural rates.
(a) Unless a motor carrier
collecting and hauling solid waste elects to increase rates under section 2
of this chapter §24A-5-2 and the commission’s existing rules and regulations,
effective July 1, 2020, no solid waste motor carrier subject to this chapter
shall change, suspend, or annul any individual rate, joint rate, fare, charge,
or classification for the collection or hauling of solid waste, except after 30
days’ notice to the commission and the carrier’s customers, with such notice to
customers being sent as a bill insert or separately mailed statement that
plainly states the changes proposed to be made in the schedule then in force
and the time when the changed rates or charges will go into effect. The motor
carrier shall file its proposed public notice with the commission for review.
Within five business days of the filing of the notice with the commission, the
commission shall issue an order approving the notice.
(b) Any proposed rate changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time, and kept open to public inspection: Provided, That the commission may, in its discretion, and for good cause shown, allow changes upon less time than the notice herein specified, or may modify the requirements of this section in respect to publishing, posting and filing of tariffs, either by particular instructions or by general order.
(c) Whenever a solid waste motor carrier shall file with the commission any schedule stating a change in the rates or charges, or joint rates or charges, or stating a new individual or joint rate or charge or joint classification or any new individual or joint regulation or practice affecting any rate or charge, except as set forth in subsection (d) below, the commission shall have authority, on its own initiative, or upon substantial protest filed with the commission within 30 days’ notice of the proposed increase or change demonstrated by the complaints submitted by the lesser of: (i) 25 percent of the customers impacted by the proposed change in rates or charges; or (ii) 750 customers impacted by the proposed change in rates or charges to suspend the rates pending a hearing and final determination that the rate, charge, classification, regulation or practice is just, reasonable, and based primarily on the cost of service. At any hearing involving a rate sought to be increased or involving the change of any fare, charge, classification, regulation, or practice, the burden of proof to show that the increased rate or proposed increased rate, or the proposed change of fare, charge, classification, regulation or practice, is just, reasonable, and based primarily on the cost of service, shall be upon the motor carrier making application for such change. Any suspension of a rate, charge classification, regulation, or practice under this subsection shall not extend beyond such time that the commission enters a final decision in the case or 120 days from the date notice was first given. The commission may extend the time in which a final decision is due by an additional 30 days if a motor carrier fails to provide material information requested by the commission more than 30 days in advance of the hearing.
(d) Urban Consumer Garbage Trash Collection
Index rate change – Effective July 1, 2020, solid waste motor carriers
shall be permitted to increase rates for the collection and hauling of solid
waste once on or after January 1 of each year, without the filing of an
application for approval by the commission and such increase shall be considered
just and reasonable and not unfairly discriminatory, prejudicial, or
preferential if: (1) The carrier complies with the notice requirements of
subsection (a) of this section; and (2) the percentage of the
increase over the prior rate is equal to or less than the percentage of the
increase in the United States Department of Labor Bureau of Labor Statistics
Garbage and Trash Collection Index (the “Index”) from January 1, of the
preceding year between September of the year preceding the effective
date of the requested rate increase and September of the year prior to the year
preceding the effective date of the requested rate increase (the “relevant time
period”); (2) the carrier files a revised tariff in compliance with the
commission’s rules and regulations; and (3) notice is provided as directed by
the commission. After September 30 of each year, the commission shall issue a
general order stating the percentage increase in the Index and the inflation
factor to apply to the rates currently in effect to calculate the maximum rate
increase authorized under this subsection. Any rate increase that a motor
carrier believes is at or below the aforementioned increase in the Index shall
be identified as such when filed with the commission. Such rate increases shall
be subject to challenge by the commission only if it determines that the
increase is in fact in excess of the amount of the increase in the Index for
the relevant time period. If the commission determines a rate increase filed
pursuant to this subsection is in excess of the increase in the Index for the
relevant time period, it may enter an order suspending the rate increase consistent
with subsection (c) of this section. If such an order is entered, the motor
carrier shall be entitled to a hearing pursuant to the process authorized in
subsection (c) of this section or it may correct its requested rates, in
which case the suspension will be lifted and the rates may go into effect as of
the original requested effective date or the date that the carrier corrects its
rates, whichever comes later. Notwithstanding any provision to the
contrary, the fact that a solid waste motor carrier has already raised its
rates in a given year pursuant to this subsection shall not preclude that
carrier from applying for and receiving from the commission a rate increase
pursuant to subsection (c) of this section: Provided, That the
commission shall take into account the prior rate increase taken pursuant to
this subsection when considering the carrier’s application to increase rates. A
motor carrier may implement up to four annual indexed rate increases under this
subsection before filing for a rate increase under chapter 24A of this code: Provided,
That the commission shall not engage in retroactive rate making.
(e) The commission shall prescribe such rules and regulations as to the giving of notice of a change in rates pursuant to this section as are reasonable and are deemed proper in the public interest.