H. B. 4120
(By Delegates Michael, Stemple, Boggs, Ashley,
Hrutkay, Martin, Swartzmiller, Stalnaker and Evans)
[Introduced January 26, 2006; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §24-3-10, relating to
authorizing the termination of water service for delinquent
sewer bills where the sewer service is provided by a
Homeowners' Association.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §24-3-10
, to read as
follows:
ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO
REGULATIONS OF COMMISSION.
§24-3-10. Termination of water service for delinquent sewer bills.
In the event that any publicly or privately owned utility,
city, incorporated town, municipal corporation or public service
district owns and operates separately either water facilities or sewer facilities, and a Homeowners' Association owns and operates
the other kind of facilities, either water or sewer, as the case
may be, then the Homeowners' Association and the publicly or
privately owned utility, city, incorporated town, or public service
district, shall covenant and contract with each other to shutoff
and discontinue the supplying of water service for the nonpayment
of sewer service fees and charges: Provided, That any contracts
entered into by a Homeowners' Association pursuant to this section
shall be submitted to the Public Service Commission for approval.
Any Homeowners' Association providing water and sewer service to
its customers has a right to terminate water service for
delinquency in payment of either water or sewer bills. Where a
Homeowners' Association is providing sewer service and another
utility is providing water service, and the Homeowners' Association
providing sewer service experiences a delinquency in payment, the
utility providing water service, upon the request of the
Homeowners' Association providing sewer service to the delinquent
account, shall terminate its water service to the customer having
the delinquent sewer account: Provided, however, That any
termination of water service must comply with all rules and orders
of the Public Service Commission.
NOTE: The purpose of this bill is to authorize the termination
of water service for delinquent sewer bills where the sewer service
is provided by a Homeowners' Association.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
Email
Webmaster | © 2024 West Virginia Legislature **
