West Virginia legislation · 2025 Regular Session
West Virginia HB3179: Funding for failing public utilities
Status: Passed both chambers, April 12, 2025
The purpose of this bill is to stop an acquiring company from being forced into financial hardship.
What the bill says
An act to amend and reenact §24-2H-7 of the Code of West Virginia, 1931, as amended, relating to utility acquisitions; limiting the commission's authority on ordering the acquisition of distressed or failing authorities; and establishing guidelines for when the commission can order acquisitions. ARTICLE 2H. POWER OF COMMISSION TO ORDER MEASURES UP TO AND INCLUDING THE ACQUISITION OF DISTRESSED AND FAILING WATER AND WASTEWATER UTILITIES. §24-2H-7. Commission order for acquisition of failing utility; list of distressed and failing utilities to Legislature. (a) Following the evidentiary hearing.
From the enrolled text, April 10, 2025:
AN ACT to amend and reenact §24-2H-7 of the Code of West Virginia, 1931, as amended, relating to utility acquisitions; limiting the commission's authority on ordering the acquisition of distressed or failing authorities; and establishing guidelines for when the commission can order acquisitions. ARTICLE 2H. POWER OF COMMISSION TO ORDER MEASURES UP TO AND INCLUDING THE ACQUISITION OF DISTRESSED AND FAILING WATER AND WASTEWATER UTILITIES. §24-2H-7. Commission order for acquisition of failing utility; list of distressed and failing utilities to Legislature. (a) Following the evidentiary hearing, the commission shall enter a final order stating whether the utility is a distressed or failing utility and identifying the capable proximate utilities, if any, as defined in §24-2H-3 of this code. If the commission determines that a utility is a distressed utility, then the commission may make an order consistent with subsection (b) of this section. If the commission determines that the utility is a failing utility, then the commission may order the acquisition of the failing utility by the most suitable capable proximate water or wastewater utility, if there is more than one. (b) Before the commission may designate a water or wastewater utility as failing and order acquisition by a capable proximate utility it shall determine whether there are any alternatives to an ordered acquisition. If the commission determines that an …