WEST virginia legislature
2021 regular session
Committee Substitute
for
Senate Bill 244
By Senators Martin, Nelson, and Swope
[Originating in the Committee on Transportation and Infrastructure; reported on February 17, 2021]
A BILL to amend and reenact §24-3-2 of the Code of West Virginia, 1931, as amended, relating to preventing public water and sewer utilities from prohibiting a customer from constructing, installing, or maintaining a connection or other infrastructure necessary for the customer to connect to the public utility to receive service if certain requirements are met; and specifying requirements and involvement of the Public Service Commission.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO REGULATIONS OF COMMISSION.
§24-3-2. Discrimination prohibited.
(a) No public utility subject to the provisions of this
chapter shall may, directly or indirectly, by any special rate,
rebate, drawback or other device or method, charge, demand, collect, or receive
from any person, firm, or corporation, a greater or less compensation, for any
service rendered or to be rendered, than it charges, demands, collects, or
receives from any other person, firm, or corporation for doing a like and
contemporaneous service under the same or substantially similar circumstances
and conditions.
(b) It shall be is unlawful for any public
utility subject to the provisions of this chapter to make or give any undue or
unreasonable preference or advantage to any particular person, company, firm,
corporation or locality, or any particular character of traffic or service, in
any respect whatsoever, or to subject any particular person, firm, corporation,
company or locality, or any particular character of traffic or service, to any
undue or unreasonable prejudice or disadvantage in any respect whatsoever.
(c) No public service district or municipality that owns or operates a water or sewer public utility may prohibit a customer, including any contractor of a customer, at the customer’s expense, from constructing, installing, or maintaining any connections, extensions, or other infrastructure necessary for the customer to connect to the public utility if the following requirements are met:
(1) The customer and the utility file an extension agreement with the commission in accordance with the rules of the Public Service Commission and obtain commission approval prior to executing or implementing the agreement;
(2) The customer submits plans concerning all construction, installations, extensions, and connections to the public utility to the applicable public service district or municipality at least 30 days prior to any connection to the public utility or any other work that could affect the public utility;
(3) The customer’s plans and all work pursuant thereto comply with reasonable utility practices and standards and meet or exceed the public utility’s standards and practices: Provided, That a customer shall not be required to exceed the standards followed by the public utility;
(4) The customer makes all stages of work relating to the public utility available for inspection by the public service district or municipality;
(5) The customer shares any final construction plans with the public utility; and
(6) The customer or owner shall, upon completion of construction and connection to the public utility, transfer ownership of such connections, extensions, property, plants, rights-of-way, and easements to the public utility: Provided, That no transfer of ownership must be accepted by a public utility past any service meter.
(d) Nothing in This section shall be construed
to does not prevent the commission from:
(a) (1) Authorizing or requiring any rate design
consistent with the purposes and policies set forth in §24-2A-1 et
seq. of this code; or
(b) (2) Authorizing a private water, sewer, or
combined water and sewer utility to voluntarily implement a rate design
featuring reduced rates and charges for service to qualifying low-income
residential customers.