The bill amends West Virginia's Code regarding the authority of the commission to order the acquisition of distressed or failing water and wastewater utilities. It establishes specific guidelines for the commission to follow before designating a utility as failing and ordering its acquisition. The commission must first explore reasonable and cost-effective alternatives to acquisition, which may include reorganization, operation by another utility, appointment of a receiver, merger with other utilities, or other viable options. The commission is also required to provide a list of utilities designated as distressed or failing to the Legislature and other relevant authorities annually.

Additionally, the bill includes a provision that prohibits the commission from ordering a utility to acquire a distressed or failing utility if the costs of necessary capital improvements exceed certain financial thresholds. These thresholds include the aggregate required contributions for new customers, grant funds from the Water Development Authority, or other grant funds. This aims to ensure that the financial burden on the acquiring utility remains manageable and does not exceed available resources.

Statutes affected:
Introduced Version: 24-2H-7
Committee Substitute: 24-2H-7
Engrossed Committee Substitute: 24-2H-7
Enrolled Committee Substitute: 24-2H-7