Bill Text: WV HB4853 | 2020 | Regular Session | Introduced
Bill Title: Relating to a customer constructing a connection or other infrastructure necessary for the customer to connect to the public utility
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2020-02-26 - To Transportation and Infrastructure [HB4853 Detail]
Download: West_Virginia-2020-HB4853-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
House Bill 4853
By Delegates C. Martin, Hanshaw (Mr. Speaker), P. Martin and Butler
[Introduced February 11, 2020; Referred to the Committee on Technology and Infrastructure then the Judiciary]
A BILL to amend and reenact §24-3-2 of the Code of West Virginia, 1931, as amended, relating to prohibiting a noninvestor-owned water or sewer public utility from prohibiting a customer from constructing, installing, or maintaining a connection or other infrastructure necessary for the customer to connect to the public utility to receive service.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO REGULATIONS OF COMMISSION.
§24-3-2. Discrimination prohibited.
No public utility subject
to the provisions of this chapter shall may, directly or
indirectly, by any special rate, rebate, drawback or other device or method,
charge, demand, collect or receive from any person, firm or corporation, a
greater or less compensation, for any service rendered or to be rendered, than
it charges, demands, collects, or receives from any other person, firm or
corporation for doing a like and contemporaneous service under the same or
substantially similar circumstances and conditions.
It shall be is
unlawful for any public utility subject to the provisions of this chapter to
make or give any undue or unreasonable preference or advantage to any
particular person, company, firm, corporation or locality, or any particular
character of traffic or service, in any respect whatsoever, or to subject any
particular person, firm, corporation, company or locality, or any particular
character of traffic or service, to any undue or unreasonable prejudice or disadvantage
in any respect whatsoever.
It is unlawful for a non-investor-owned water or sewer public utility subject to the provisions of this chapter, to prohibit a customer of that public utility from constructing, installing, or maintaining, or hiring a contractor of the customer’s choice, to construct, install, or maintain, any connection or other infrastructure necessary for the customer to connect to the public utility to receive service. However, a public utility subject to the provisions of this chapter may require that all construction, installation, or maintenance be performed according to standards developed by the public utility.
Nothing in This section shall be construed to does not
prevent the commission from:
(a) Authorizing or requiring any rate design consistent with the purposes and policies set forth in §24-2A-1 et seq. of this code; or
(b) Authorizing a private water, sewer, or combined water and sewer utility to voluntarily implement a rate design featuring reduced rates and charges for service to qualifying low-income residential customers.
NOTE: The purpose of this bill is to prohibit a non-investor-owned water or sewer public utility from prohibiting customers from constructing, installing, or maintaining a connection or other infrastructure necessary for the customer to connect to the public utility to receive service.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
