SB790 Dillon and Linville HFA 4-9 #1
Casto 3264
Delegates Dillon and Linville moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
Be it enacted by the Legislature of West Virginia:
(a) The Legislature finds that municipal and county waterworks provide critical water utility services to West Virginians. Proper oversight by governing bodies and board member training are necessary to ensure financial accountability, regulatory compliance, and operational efficiency.
(b) Any municipal governing body that is operating or has oversight of a waterworks system shall require that waterworks system to provide quarterly operational and financial reports to the governing body of the municipality.
(c)(1) Any county commission with oversight of a waterworks system shall require that waterworks system to provide quarterly operational and financial reports to the county commission.
(2) Every public water system shall participate in Open Checkbooks.
(3) When five or more formal complaints are filed against a public water system with the Public Service Commission in one quarter, such systems shall seek a thorough review of financial and operational practices to be conducted by an independent non-governmental organization with expertise in public water systems. Such entity must have a membership that represents at least twenty-five percent (25%) of the small systems of this State; and has at least five (5) years of experience in providing on-site technical assistance to small public water systems. Any such entity shall be approved by the Public Service Commission to perform such reviews
(d) Continuing education. — Any municipal governing body or county commission that is operating or has oversight of a waterworks system shall require all board members and senior managers of the municipal or county waterworks system to complete at least six hours of continuing education annually, focusing on financial management, regulatory compliance, and operational best practices.
(e) Communication. — Each public service district must assign public communication duties to a specific officer or persons and communicate changes of status effecting customers at least every three hours during a service disruption. Each public service district shall utilize communications platforms, such as social media, to keep customers informed during service disruptions and shall provide a call-in number, as well as a recorded message to all customers detailing the nature of the interruption, area effected, and the estimated time of restoration.
(f)(1) Tank status. — For all aboveground water storage tanks, a plan for rapid assessment of tank levels and water flow under adverse conditions, including weather events, power outages, and cellular service disruptions. Such plan shall be completed by July 1, 2027.
(2) Reporting on the implementation of this plan shall be provided annually to the governing body, and to the Joint Technology and Infrastructure committee of the Legislature.
(a) As an alternative to, or in conjunction with, the issuance of revenue bonds authorized by this article, any municipality or county commission is hereby empowered and authorized to accept loans or grants and procure loans or temporary advances evidenced by notes or other negotiable instruments issued in the manner, and subject to the privileges and limitations, set forth with respect to bonds authorized to be issued under the provisions of this article, or otherwise enter into agreement, including, but not limited to, agreements of indemnity, assurance or guarantee with respect to, and for the purpose of financing part or all of, the cost of acquisition, construction, establishment, extension or equipment of waterworks or electric power systems and the construction of additions, betterments and improvements to existing waterworks systems or to existing electric power systems, and for the other purposes herein authorized, from or with any authorized agency of the state or from the United States of America or any federal or public agency or department of the United States or any private agency, corporation or individual, which loans or temporary advances, including the interest thereon, or the municipality's or county's financial obligations contained in such other agreements, which need not bear interest, may be repaid out of the proceeds of bonds authorized to be issued under the provisions of this article, the revenues of or proceeds from the said waterworks system or electric power system or grants to the municipality or county commission from any agency of the state or from the United States of America or any federal or public agency or department of the United States or any private agency, corporation or individual or from any combination of such sources of payment, and may be secured in the manner provided in sections eight, nine and sixteen of this article to secure bonds issued under the provisions of this article, but shall not otherwise be subject to the requirements of sections eleven and twelve of this article, and to enter into the necessary contracts and agreements to carry out the purposes hereof with any agency of the state, the United States of America or any federal or public agency or department of the United States, or with any private agency, corporation or individual.
In no event shall any such loan or temporary advance or agreement be a general obligation of the municipality or county and such loans or temporary advances or agreements, including the interest thereon, shall be paid solely from the sources specified in this section.
(b) When potential customers apply for water or sewer service from the municipality, the municipality must determine the cost of the extension and the customer cost responsibility for the cost of the extension (customer share) in accordance with rules of the Public Service Commission. Once the cost and customer share are determined, if those potential customers wish to continue, and they, or any person or entity, provide an up-front customer contribution for the customer share of the extension costs, the municipality shall extend service pursuant to the rules of the Public Service Commission. If before continuing with the extension the potential customers request that the municipality make application for grant funds to finance all or part of the customer share, the potential customers or any person or entity, must provide funds to cover the cost of the application, and, once provided, the municipality shall then apply through the West Virginia Infrastructure and Jobs Development Council for any available funding.
(c) Notwithstanding any other provisions of this code to the contrary, if a grant or grants are awarded that covers the costs for a project to extend service to unserved potential customers, the municipality is required to extend service to said potential customers after the potential customers have paid any required fees, including their required contributions. Grant funds shall be used to reimburse the potential customers or other contributors for any front contributions, including, but not limited to, the cost of the application in accordance with the rules of the Public Service Commission, including the rule that reimbursements will not exceed the original amount of the customer contribution.
(a) The Legislature finds that combined municipal waterworks and sewerage systems provide critical utility services to West Virginians. Proper oversight by governing bodies and board member training are necessary to ensure financial accountability, regulatory compliance, and operational efficiency.
(b) Any municipal governing body that is operating or that has oversight of a combined waterworks and sewerage system shall require the combined municipal waterworks and sewerage system to provide quarterly operational and financial reports to the governing body of the municipality.
(c)(1) Any county commission with oversight of a waterworks system shall require that waterworks system to provide quarterly operational and financial reports to the county commission.
(2) Every public water system shall participate in Open Checkbooks.
(3) When five or more formal complaints are filed against a public water system with the Public Service Commission in one quarter, such systems shall seek a thorough review of financial and operational practices to be conducted by an independent non-governmental organization with expertise in public water systems. Such entity must have a membership that represents at least twenty-five percent (25%) of the small systems of this State; and has at least five (5) years of experience in providing on-site technical assistance to small public water systems. Any such entity shall be approved by the Public Service Commission to perform such reviews
(d) Continuing education. — Any municipal governing body that is operating or has oversight of a combined waterworks and sewerage system shall require all combined municipal waterworks and sewerage systems board members and senior management to complete at least six hours of continuing education annually, focusing on financial management, regulatory compliance, and operational best practices.
(e) Communication. — Each public service district must assign public communication duties to a specific officer or persons and communicate changes of status effecting customers at least every three hours during a service disruption. Each public service district shall utilize communications platforms, such as social media, to keep customers informed during service disruptions and shall provide a call-in number, as well as a recorded message to all customers detailing the nature of the interruption, area effected, and the estimated time of restoration.
(f)(1) Tank status. — For all aboveground water storage tanks, a plan for rapid assessment of tank levels and water flow under adverse conditions, including weather events, power outages, and cellular service disruptions. Such plan shall be completed by July 1, 2027.
(2) Reporting on the implementation of this plan shall be provided annually to the governing body, and to the Joint Technology and Infrastructure committee of the Legislature.
(a) The Legislature finds that municipal sanitary boards provide critical wastewater utility services and may also provide stormwater service to West Virginians. Proper oversight by governing bodies and board member training are necessary to ensure financial accountability, regulatory compliance, and operational efficiency.
(b) Any municipal governing body that is operating or that has oversight of a sewage or stormwater system supervised and controlled by a municipal sanitary board shall require the sanitary board to provide quarterly operational and financial reports to the governing body of the municipality.
(c)(1) Any county commission with oversight of a waterworks system shall require that waterworks system to provide quarterly operational and financial reports to the county commission.
(2) Every public water system shall participate in Open Checkbooks.
(3) When five or more formal complaints are filed against a public water system with the Public Service Commission in one quarter, such systems shall seek a thorough review of financial and operational practices to be conducted by an independent non-governmental organization with expertise in public water systems. Such entity must have a membership that represents at least twenty-five percent (25%) of the small systems of this State; and has at least five (5) years of experience in providing on-site technical assistance to small public water systems. Any such entity shall be approved by the Public Service Commission to perform such reviews
(d)Continuing education. — A municipal governing body shall require all municipal sanitary board members and senior management to complete at least six hours of continuing education annually, focusing on financial management, regulatory compliance, and operational best practices.
(e) Communication. — Each public service district must assign public communication duties to a specific officer or persons and communicate changes of status effecting customers at least every three hours during a service disruption. Each public service district shall utilize communications platforms, such as social media, to keep customers informed during service disruptions and shall provide a call-in number, as well as a recorded message to all customers detailing the nature of the interruption, area effected, and the estimated time of restoration.
(f) (1) Tank status. — For all aboveground water storage tanks, a plan for rapid assessment of tank levels and water flow under adverse conditions, including weather events, power outages, and cellular service disruptions. Such plan shall be completed by July 1, 2027.
(2) Reporting on the implementation of this plan shall be provided annually to the governing body, and to the Joint Technology and Infrastructure committee of the Legislature.
(a) Any municipality is authorized and empowered to accept loans or grants and procure loans or temporary advances evidenced by notes or other negotiable instruments issued in the manner, and subject to the privileges and limitations, set forth with respect to bonds authorized to be issued under the provisions of this article, for the purpose of paying part or all of the cost of acquisition or construction of said sewage works and the construction of betterments and improvements thereto, and for the other purposes herein authorized, from any authorized agency of the state or from the United States of America or any federal or public agency or department of the United States or any private agency, corporation or individual, which loans or temporary advances, including the interest thereon, may be repaid out of the proceeds of bonds authorized to be issued under the provisions of this article, the revenues of the said sewage works or grants to the municipality from any agency of the state or from the United States of America or any federal or public agency or department of the United States or any private agency, corporation or individual or from any combination of such sources of payment, and to enter into the necessary contracts and agreements to carry out the purposes hereof with any agency of the state, the United States of America or any federal or public agency or department of the United States, or with any private agency, corporation or individual. Any other provisions of this article to the contrary notwithstanding, interest on any such loans or temporary advances may be paid from the proceeds thereof until the maturity of such notes or other negotiable instrument.
In no event shall any such loan or temporary advance be a general obligation of the municipality and such loans or temporary advances, including the interest thereon, shall be paid solely from the sources specified in this section.
(b) When potential customers apply for water or sewer service from the municipality, the municipality must determine the cost of the extension and the customer cost responsibility for the cost of the extension (customer share) in accordance with rules of the Public Service Commission. Once the cost and customer share are determined, if those potential customers wish to continue, and they, or any person or entity, provide an up-front customer contribution for the customer share of the extension costs, the municipality shall extend service pursuant to the rules of the Public Service Commission. If before continuing with the extension the potential customers request that the municipality make application for grant funds to finance all or part of the customer share, the potential customers or any person or entity, must provide funds to cover the cost of the application, and, once provided, the municipality shall then apply through the West Virginia Infrastructure and Jobs Development Council for any available funding.
(c) Notwithstanding any other provisions of this code to the contrary, if a grant or grants are awarded that covers the costs for a project to extend service to unserved potential customers, the municipality is required to extend service to said potential customers after the potential customers have paid any required fees, including their required contributions. Grant funds shall be used to reimburse the potential customers or other contributors for any front contributions, including, but not limited to, the cost of the application in accordance with the rules of the Public Service Commission, including the rule that reimbursements will not exceed the original amount of the customer contribution.
(b) Any county commission that has created or established public service districts whose principal offices are within the county shall require every such public service district utility to provide quarterly operational and financial reports to the county commission.
(c)1) Any county commission with oversight of a waterworks system shall require that waterworks system to provide quarterly operational and financial reports to the county commission.
(2) Every public water system shall participate in Open Checkbooks.
(3) When five or more formal complaints are filed against a public water system with the Public Service Commission in one quarter, such systems shall seek a thorough review of financial and operational practices to be conducted by an independent non-governmental organization with expertise in public water systems. Such entity must have a membership that represents at least twenty-five percent (25%) of the small systems of this State; and has at least five (5) years of experience in providing on-site technical assistance to small public water systems. Any such entity shall be approved by the Public Service Commission to perform such reviews
(d) Continuing education. — Every county commission shall require all board members and senior managers of any public service district whose principal offices are within the county to complete at least six hours of continuing education annually, focusing on financial management, regulatory compliance, and operational best practices.
(e) Communication. — Each public service district must assign public communication duties to a specific officer or persons and communicate changes of status effecting customers at least every three hours during a service disruption. Each public service district shall utilize communications platforms, such as social media, to keep customers informed during service disruptions and shall provide a call-in number, as well as a recorded message to all customers detailing the nature of the interruption, area effected, and the estimated time of restoration
(f)(1) Tank status. — For all aboveground water storage tanks, a plan for rapid assessment of tank levels and water flow under adverse conditions, including weather events, power outages, and cellular service disruptions. Such plan shall be completed by July 1, 2027.
(2) Reporting on the implementation of this plan shall be provided annually to the governing body, and to the Joint Technology and Infrastructure committee of the Legislature.
(a) Any public service district created pursuant to the provisions of this article is authorized and empowered to accept loans or grants and procure loans or temporary advances evidenced by notes or other negotiable instruments issued in the manner, and subject to the privileges and limitations, set forth with respect to bonds authorized to be issued under the provisions of this article, for the purpose of paying part or all of the cost of construction or acquisition of water systems, sewage systems, stormwater systems or stormwater management systems or gas facilities, or all of these, and the other purposes herein authorized, from any authorized agency or from the United States of America or any federal or public agency or department of the United States or any private agency, corporation or individual, which loans or temporary advances, including the interest thereon, may be repaid out of the proceeds of the bonds authorized to be issued under the provisions of this article, the revenues of the said water system, sewage system, stormwater system or associated stormwater management system or gas facilities, or grants to the public service district from any authorized agency or from the United States of America or any federal or public agency or department of the United States or from any private agency, corporation or individual or from any combination of such sources of payment, and to enter into the necessary contracts and agreements to carry out the purposes hereof with any authorized agency or the United States of America or any federal or public agency or department of the United States, or with any private agency, corporation or individual. Any other provisions of this article to the contrary notwithstanding, interest on any such loans or temporary advances may be paid from the proceeds thereof until the maturity of such notes or other negotiable instrument.
(b) When potential customers apply for water or sewer service from the public service district, the public service district must determine the cost of the extension and the customer cost responsibility for the cost of the extension (customer share) in accordance with rules of the Public Service Commission. Once the cost and customer share are determined, if those potential customers wish to continue, and they, or any person or entity, provide an up-front customer contribution for the customer share of the extension costs, the public service district shall extend service pursuant to the rules of the Public Service Commission. If before continuing with the extension the potential customers request that the public service district make application for grant funds to finance all or part of the customer share, the potential customers or any person or entity, must provide funds to cover the cost of the application, and, once provided, the public service district shall then apply through the West Virginia Infrastructure and Jobs Development Council for any available funding.
(c) Notwithstanding any other provisions of this code to the contrary, if a grant or grants are awarded that covers the costs for a project to extend service to unserved potential customers, the public service district is required to extend service to said potential customers after the potential customers have paid any required fees, including their required contributions. Grant funds shall be used to reimburse the potential customers or other contributors for any front contributions, including, but not limited to, the cost of the application in accordance with the rules of the Public Service Commission, including the rule that reimbursements will not exceed the original amount of the customer contribution.
Adopted
Rejected