SB586 HFA Vance 3-10 #1

Morgan 3345

 

Delegate Vance moves to amend the bill on page 7, section §16-1-9a, line 63, following the period after the word “system” by beginning a new paragraph, and inserting thereafter a new additional section as follows:

§16-1-9h. The Southern West Virginia Clean Water Fund Act of 2026.

(a) The purpose of this Act is to improve drinking water quality standards, enhance water treatment infrastructure, and ensure safe and reliable drinking water for the residents of the counties of  Boone, Fayette, Greenbrier, Lincoln, Logan, McDowell, Mercer, Mingo, Monroe, Raleigh, Summers, Wayne, and Wyoming.

(b) Definitions. For purposes of this Section:

(1) “Commissioner” means the  Commissioner of the Bureau for Public Health.

(2) "Contaminant" means any physical, chemical, biological, or radiological substances in water that may pose a risk to human health.

(3) "Department" means the West Virginia Department of Environmental Protection.

(4) "Maximum Contaminant Level" means the highest permissible level of a contaminant in drinking water as determined by the West Virginia Department of Environmental Protection.

(5) "Public Water System" means any system providing water to the public for human consumption through pipes or other conveyances.

(6) "Southern counties" means the counties of Boone, Fayette, Greenbrier, Lincoln, Logan, McDowell, Mercer, Mingo, Monroe, Raleigh, Summers, Wayne, and Wyoming.

(7) “Southern West Virginia Clean Water Fund” means the fund created by the Southern West Virginia Clean Water Fund Act of 2026 for providing grants and low-interest loans for upgrading water treatment plants and replacing aging pipelines in the counties of Boone, Fayette, Greenbrier, Lincoln, Logan, McDowell, Mercer, Mingo, Monroe, Raleigh, Summers, Wayne, and Wyoming

(c) Enhanced water quality standards.

 (1) The Department shall adopt drinking water quality standards that meet or exceed federal Environmental Protection Agency standards.

(2) Water utilities shall implement advanced filtration systems to remove contaminants where maximum contaminant levels exceed safe limits.

 (d) Infrastructure improvement program.

(1) The state shall establish the Southern West Virginia Clean Water Fund to provide grants and low-interest loans for upgrading water treatment plants and replacing unsafe, use life exhausted and aging out service lines in the southern counties of Boone, Fayette, Greenbrier, Lincoln, Logan, McDowell, Mercer, Mingo, Monroe, Raleigh, Summers, Wayne, and Wyoming.

(2) Priority shall be given to rural and underserved communities lacking access to clean drinking water.

(3) Water utilities shall conduct annual infrastructure assessments and submit reports to the Commissioner.

 (e) Mandatory testing and public reporting.

(1) Public Water Systems in the southern counties of Boone, Fayette, Greenbrier, Lincoln, Logan, McDowell, Mercer, Mingo, Monroe, Raleigh, Summers, Wayne, and Wyoming shall conduct quarterly testing for lead, bacteria, nitrates, and other contaminants and reported to the Commissioner.

(2) Results shall be made publicly available within 30 days via a website maintained and run by the Commissioner and mailed to affected residents.

(3) Any violation of maximum contaminant levels must be reported to residents within 24 hours, along with remediation plans.

(f) Low income and underserved areas replacement initiative.

(1) The state shall conduct a comprehensive survey of water service lines within all public water systems located in the southern counties of Boone, Fayette, Greenbrier, Lincoln, Logan, McDowell, Mercer, Mingo, Monroe, Raleigh, Summers, Wayne, and Wyoming by 2027.

(2) A phased replacement program shall be implemented under the supervision of the Commissioner of the Bureau for Public Health, with full removal of unsafe, use life exhausted, or otherwise noncompliant water service lines in the southern counties of Boone, Fayette, Greenbrier, Lincoln, Logan, McDowell, Mercer, Mingo, Monroe, Raleigh, Summers, Wayne, and Wyoming by 2035.

(3) Financial assistance shall be provided by the Commissioner of the Bureau for Public Health to the southern counties of Boone, Fayette, Greenbrier, Lincoln, Logan, McDowell, Mercer, Mingo, Monroe, Raleigh, Summers, Wayne, and Wyoming from the Southern West Virginia Clean Water Fund for low-income and underserved areas in households for the replacement of unsafe, use life exhausted, or otherwise noncompliant water service lines.

 (g) Funding and appropriations.

(1) The Legislature shall appropriate from general revenue in accordance with the state budget process such funding as it deems appropriate to the Southern West Virginia Safe Water Fund for water quality improvement programs in the southern counties.

(2) Federal funding and private-sector partnerships shall be pursued to supplement state funding.

 

Adopted

Rejected