WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
ENROLLED
Committee Substitute for House Bill 5617
BY DELEGATE LINVILLE
(BY REQUEST OF THE PUBLIC SERVICE COMMISSION)
[Passed March 6, 2024; in effect ninety days from passage.]
 Enr CS for HB 5617
1 AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section
2 designated §24-2-1r, relating to authorizing the Public Service Commission to promulgate
3 rules for maintenance, flushing, flow testing, and marking of fire hydrants owned by water
4 utilities; providing for resolution by Public Service Commission whenever portions of
5 standards may conflict; providing a public water utility may use its cash working capital
6 reserve for inspection, testing, maintenance, or replacement of fire hydrants to comply
7 with the standards and rules adopted in this section.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. POWERS AND DUTIES OF THE PUBLIC SERVICE COMMISSION.
§24-2-1r. Authority of commission to adopt and enforce water hydrant practices.
1 The Legislature finds that it is in the public interest of the citizens of West Virginia for public
2 water utilities to follow the National Fire Protection Association's Recommended Practice for Fire
3 Flow Testing and Marking of Hydrants (Standard 291) and the American Water Works
4 Association's Fire Hydrants, Installation, Field Testing and Maintenance (Manual M17) to ensure
5 that all installed fire hydrants are working properly and to follow the provisions of 64 WV CSR 77,
6 Public Water Systems Design Standards, to ensure proper design and placement of water
7 systems generally, including hydrants. Therefore, those standards are hereby adopted, and the
8 Public Service Commission may promulgate rules in accordance with the provisions of §29A-1-3
9 et seq. of this code on the inspection, flushing, flow testing, and marking of fire hydrants owned
10 by public water utilities as set forth in those standards. In instances where the Public Service
11 Commission determines that any provision of Standard 291, Manual M17, or 64 WV CSR 77 are
12 in conflict or where, to promote the proper functioning of fire hydrants and the operation of the
13 utilities, the adoption of either Standard 291, Manual M17, or 64 WV CSR 77 in preference to
14 another is in the public interest, the Public Service Commission may do so.
15 All public water utilities shall comply with these standards and any rules the commission
16 may promulgate. A public water utility may use its cash working capital reserve for inspection,
1
 Enr CS for HB 5617
17 testing, maintenance, or replacement of fire hydrants to comply with the standards and rules
18 adopted in this section.
2
Enr CS for HB 5617
The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
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Clerk of the House of Delegates
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Clerk of the Senate Originated in the House of Delegates.
In effect ninety days from passage.
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Speaker of the House of Delegates
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President of the Senate __________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2024.
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Governor
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Statutes affected:
Introduced Version: 24-2-1r
Committee Substitute: 24-2-1r
Enrolled Committee Substitute: 24-2-1r