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 that the commission must first determine whether a utility is distressed or failing and identify capable proximate utilities. If a utility is deemed failing, the commission may order its acquisition by a suitable utility, but only after exploring reasonable and cost-effective alternatives to acquisition. These alternatives can include reorganization, management contracts, appointment of a receiver, mergers, or other viable options.

Additionally, the bill specifies that the commission cannot mandate the acquisition of a distressed or failing utility if the costs of necessary capital improvements for the acquiring utility exceed certain financial thresholds, including contributions under the commission's extension of mains rules or available grant funds. The commission is also required to provide an annual list of designated distressed or failing utilities to the Legislature and other relevant authorities. This legislation aims to ensure that the commission's actions are guided by a thorough evaluation of alternatives and financial implications before proceeding with utility acquisitions.

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