§24-2H-7. Commission Order for Acquisition of Failing Utility; List of Distressed and Failing Utilities to Legislature
(a) Following the evidentiary hearing, the commission shall enter a final order stating whether the utility is a distressed or failing utility and identifying the capable proximate utilities, if any, as defined in 24-2H-3 of this code. If the commission determines that a utility is a distressed utility, then the commission may make an order […]
§24-2H-8. Commission Approval of Operating Agreement, Acquisition Price; Rates for Distressed and Failing Utilities; Improvement Plan; Debt Obligations; Cost Recovery
(a) After an order has been entered pursuant to 24-2H-7 of this code, the distressed utility and acquiring utility shall file a petition with the commission under 24-2-12 of this code to approve the necessary operating agreement if such alternative is directed by the commission. After an order has been entered pursuant to 24-2H-7 of […]
§24-2H-9. Recovery of Costs for Acquisition, Operation, Repairs and Improvements to Distressed or Failing Utility Facilities
The commission may approve an appropriate and reasonable cost recovery mechanism to allow the capable proximate utility to recover its acquisition costs and projected cost of service of operating, maintaining and improving the facilities of the failing water or wastewater utility or its net costs incurred for operating, maintaining and improving the distressed utility under […]
§24-2H-1. Short Title
This article shall be known and cited as the Distressed and Failing Utilities Improvement Act.
§24-2H-2. Legislative Findings
(a) The provision of safe drinking water and the collection and treatment of wastewater has resulted in a drastic reduction in the incidence of disease, increase in life expectancy, and other major public health advancements. (b) Development of water and wastewater infrastructure has advanced economic development through increased production and productivity within West Virginias economic […]
§24-2H-3. Definitions
(a) A “distressed utility” is a water or wastewater utility that, for financial, operational, or managerial reasons: (1) (A) Is in continual violation of statutory or regulatory standards of the Bureau for Public Health, the Department of Environmental Protection, or the commission, which affect the water quality, safety, adequacy, efficiency, or reasonableness of the service […]
§24-2H-4. Preparation of List of Potentially Unstable Water and Wastewater Utilities
Annually, the commission shall prepare a list of water and wastewater utilities that appear to be financially unstable by reviewing annual reports, rate case filings and other financial data available to it. Commission staff shall contact each utility placed on the list and provide advice and assistance in resolving any financial instability or managerial or […]
§24-2H-5. Determination of Whether a Utility Qualifies as a Distressed Utility , Failing Utility , or a Capable Proximate Utility
(a) In determining whether a utility is distressed or failing, the commission shall consider the following factors: (1) The financial, managerial, and technical ability of the utility;
§24-2H-6. Notice to Distressed or Failing Utility and Formal Proceeding
(a) A proceeding under this article may be initiated by the commission on its own motion, or by the staff of the commission, or any other person or entity having a legal interest in the financial, managerial, or operational condition of the utility, by filing a petition with the commission. In any such petition, the […]