Relating to creating limited waiver from certificate of public convenience and necessity requirement for certain water or sewer services projects.
Summary
HB2742 amends West Virginia law governing certificates of public convenience and necessity for certain utility construction projects, with a focus on water and sewer service providers. The bill creates a limited waiver from the Public Service Commission certificate requirement for projects that have already been reviewed, found technically feasible, and approved by the Infrastructure and Jobs Development Council. It also shortens or otherwise sets deadlines for PSC action on applications in several categories, including projects under $10 million, projects approved by the Council, and projects over $50 million, and provides that if the PSC misses the applicable deadline, the certificate is deemed issued as requested.
The bill also adds or clarifies notice and procedural requirements for political subdivisions that provide water or sewer service and meet the customer and revenue thresholds. Those entities must give advance public notice of proposed construction and any related rate, fee, or charge changes, hold public hearings, and follow specified reading and waiting-period requirements before adopting the project and rates. For public service districts, county commission review and possible circuit court challenge procedures remain in place for rate changes. The bill also preserves existing provisions for natural gas and electric power projects in the certificate statute, while carving out the new waiver and timing rules for qualifying water and sewer projects.
Impact
HB2742 changes §24-2-11 of the West Virginia Code by narrowing when certain water and sewer projects must obtain a certificate of public convenience and necessity from the Public Service Commission and by imposing mandatory decision deadlines that can result in automatic approval if missed. It affects large water and sewer utilities, public service districts, political subdivisions, the PSC, county commissions, and the Infrastructure and Jobs Development Council. The bill is designed to speed infrastructure development and reduce regulatory delay while retaining public notice, hearing, and rate-review procedures for local government-owned systems.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the Legislature. It passed the House unanimously, passed the Senate with only two no votes, and then received overwhelming House concurrence on the effective-date vote. The vote pattern suggests general agreement that the measure would streamline water and sewer project approvals without eliminating public oversight entirely.
Contention
The main policy tension in HB2742 is between faster project approval and continued regulatory/public oversight. Supporters likely favored the limited waiver and firm PSC deadlines as a way to accelerate needed water and sewer infrastructure projects, especially those already vetted by the Infrastructure and Jobs Development Council. Any concerns would center on automatic approval if the PSC misses a deadline, the reduced role of the PSC in certain projects, and whether local customers and affected residents retain enough opportunity to review and challenge proposed construction and rate changes. No committee transcript was provided, so specific named objections are not available.
Making a supplementary appropriation to the Department of Human Services, Bureau for Medical Services – Policy and Programming and State Board of Education – State Department of Education