West Virginia House Bill HB4897

West Virginia 2026 Regular Session

• Introduced: 1/28/26
• Refer: 1/28/26

Caption

Utility Credit for Private Public-Access Recreation Spaces

Summary

House Bill 4897 creates a new utility credit for private property owners who voluntarily open land or facilities for public recreational use, such as trailheads, river access points, hiking trails, viewing areas, or small parks. The bill defines these “private public-access recreation spaces” and the utility amenities that may qualify for relief, including public restrooms, water spigots, and basic lighting used for public access and safety. It also states legislative findings that such spaces improve public enjoyment of natural resources, tourism, recreation, and public health. Under the bill, a public service district or utility would provide a monthly bill waiver of at least 99 percent of the utility costs attributable to the qualifying public amenities. To receive the credit, the owner must submit a schematic of the facilities, keep the amenities clean, safe, and accessible during designated hours, and post warning signage stating that use is at the visitor’s own risk. The bill also allows inspections by the public service district or Public Service Commission and authorizes termination of the waiver if the owner fails to maintain the amenities or closes them unreasonably for more than seven consecutive days after notice.

Impact

The bill would add a new section to West Virginia Code §16-13A-9c, creating a utility-bill waiver program tied to public-access recreation spaces and shifting some utility costs from private owners to public service districts or utilities. It also extends liability protections under the state’s recreational use law to qualifying owners, so long as the amenities remain in required safe condition. If utilities seek reimbursement, the bill creates a West Virginia Tourism and Recreation Utility Credit Fund administered by the Department of Commerce, subject to annual legislative appropriation, which would potentially affect state spending and utility revenue recovery.

Sentiment

Based on the bill text and the absence of recorded committee testimony or votes, the overall tone appears supportive and promotional toward outdoor recreation, tourism, and public access. The findings frame the measure as a way to encourage private investment in public amenities and reduce barriers to providing restrooms, water, and lighting at recreation sites. There is no documented opposition in the provided materials, but the structure of the bill suggests an intent to balance public access incentives with maintenance and safety requirements.

Contention

The main points of potential contention are fiscal and liability-related. Public service districts and utilities may object to the mandated 99 percent waiver because it reduces revenue unless reimbursement is available from a fund that depends on annual legislative appropriation. Private owners may also be concerned about the inspection authority, ongoing maintenance obligations, signage requirements, and the possibility that the credit can be terminated if the site is closed or not kept in safe condition. Another possible issue is whether the bill’s liability protections and reimbursement mechanism are sufficient to encourage participation without imposing new administrative burdens.