H. B. 2785
(By Delegates Manchin, Beach,
Miley and D. Poling)
[Introduced January 13, 2010; referred to the
Committee on Political Subdivisions then Government
Organization.]
A BILL to amend and reenact §16-13A-9 of the Code of West Virginia,
1931, as amended, relating to requiring that every house,
dwelling or business located in an area where public water
services are made available for the first time after July 1,
2009, be connected to the public water service.
Be it enacted by the Legislature of West Virginia:
That §16-13A-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 13A. PUBLIC SERVICE DISTRICTS.
§16-13A-9. Rules; service rates and charges; discontinuance of
service; required water and sewer connections; lien
for delinquent fees.
(a) (1) The board may make, enact and enforce all needful
rules in connection with the acquisition, construction,
improvement, extension, management, maintenance, operation, care, protection and the use of any public service properties owned or
controlled by the district. The board shall establish rates, fees
and charges for the services and facilities it furnishes, which
shall be sufficient at all times, notwithstanding the provisions of
any other law or laws, to pay the cost of maintenance, operation
and depreciation of the public service properties and principal of
and interest on all bonds issued, other obligations incurred under
the provisions of this article and all reserve or other payments
provided for in the proceedings which authorized the issuance of
any bonds under this article. The schedule of the rates, fees and
charges may be based upon:
(A) The consumption of water or gas on premises connected with
the facilities, taking into consideration domestic, commercial,
industrial and public use of water and gas;
(B) The number and kind of fixtures connected with the
facilities located on the various premises;
(C) The number of persons served by the facilities;
(D) Any combination of paragraphs (A), (B) and (C) of this
subdivision; or
(E) May be determined on any other basis or classification
which the board may determine to be fair and reasonable, taking
into consideration the location of the premises served and the
nature and extent of the services and facilities furnished.
However, no rates, fees or charges for stormwater services may be assessed against highways, road and drainage easements or
stormwater facilities constructed, owned or operated by the West
Virginia Division of Highways.
(2) Where water, sewer, stormwater or gas services, or any
combination thereof, are all furnished to any premises, the
schedule of charges may be billed as a single amount for the
aggregate of the charges. The board shall require all users of
services and facilities furnished by the district to designate on
every application for service whether the applicant is a tenant or
an owner of the premises to be served. If the applicant is a
tenant, he or she shall state the name and address of the owner or
owners of the premises to be served by the district.
Notwithstanding the provisions of section eight, article three,
chapter twenty-four of this code to the contrary, all new
applicants for service shall deposit the greater of a sum equal to
two twelfths of the average annual usage of the applicant's
specific customer class or $50, with the district to secure the
payment of service rates, fees and charges in the event they become
delinquent as provided in this section. If a district provides
both water and sewer service, all new applicants for service shall
deposit the greater of a sum equal to two twelfths of the average
annual usage for water service or $50 and the greater of a sum
equal to two twelfths of the average annual usage for wastewater
service of the applicant's specific customer class or $50. In any case where a deposit is forfeited to pay service rates, fees and
charges which were delinquent at the time of disconnection or
termination of service, no reconnection or reinstatement of service
may be made by the district until another deposit equal to the
greater of a sum equal to two twelfths of the average usage for the
applicant's specific customer class or $50 has been remitted to the
district. After twelve months of prompt payment history, the
district shall return the deposit to the customer or credit the
customer's account at a rate as the Public Service Commission may
prescribe:
Provided, That where the customer is a tenant, the
district is not required to return the deposit until the time the
tenant discontinues service with the district. Whenever any rates,
fees, rentals or charges for services or facilities furnished
remain unpaid for a period of twenty days after the same become due
and payable, the user of the services and facilities provided is
delinquent and the user is liable at law until all rates, fees and
charges are fully paid. The board may, under reasonable rules
promulgated by the Public Service Commission, shut off and
discontinue water or gas services to all delinquent users of either
water or gas facilities, or both, ten days after the water or gas
services become delinquent.
(b) In the event that any publicly or privately owned utility,
city, incorporated town, other municipal corporation or other
public service district included within the district owns and operates separately water facilities, sewer facilities or
stormwater facilities and the district owns and operates another
kind of facility either water or sewer, or both, as the case may
be, then the district and the publicly or privately owned utility,
city, incorporated town or other municipal corporation or other
public service district shall covenant and contract with each other
to shut off and discontinue the supplying of water service for the
nonpayment of sewer or stormwater service fees and charges:
Provided, That any contracts entered into by a public service
district pursuant to this section shall be submitted to the Public
Service Commission for approval. Any public service district which
provides water and sewer service, water and stormwater service or
water, sewer and stormwater service has the right to terminate
water service for delinquency in payment of water, sewer or
stormwater bills. Where one public service district is providing
sewer service and another public service district or a municipality
included within the boundaries of the sewer or stormwater district
is providing water service and the district providing sewer or
stormwater service experiences a delinquency in payment, the
district or the municipality included within the boundaries of the
sewer or stormwater district that is providing water service, upon
the request of the district providing sewer or stormwater service
to the delinquent account, shall terminate its water service to the
customer having the delinquent sewer or stormwater account:
Provided, however, That any termination of water service must
comply with all rules and orders of the Public Service Commission.
(c) Any district furnishing sewer facilities within the
district may require, or may by petition to the circuit court of
the county in which the property is located, compel or may require
the Division of Health to compel all owners, tenants or occupants
of any houses, dwellings and buildings located near any sewer
facilities where sewage will flow by gravity or be transported by
other methods approved by the Division of Health, including, but
not limited to, vacuum and pressure systems, approved under the
provisions of section nine, article one, chapter sixteen of this
code, from the houses, dwellings or buildings into the sewer
facilities, to connect with and use the sewer facilities and to
cease the use of all other means for the collection, treatment and
disposal of sewage and waste matters from the houses, dwellings and
buildings where there is gravity flow or transportation by any
other methods approved by the Division of Health, including, but
not limited to, vacuum and pressure systems, approved under the
provisions of section nine, article one, chapter sixteen of this
code and the houses, dwellings and buildings can be adequately
served by the sewer facilities of the district and it is declared
that the mandatory use of the sewer facilities provided for in this
paragraph is necessary and essential for the health and welfare of
the inhabitants and residents of the districts and of the state. If the public service district requires the property owner to
connect with the sewer facilities even when sewage from dwellings
may not flow to the main line by gravity and the property owner
incurs costs for any changes in the existing dwellings' exterior
plumbing in order to connect to the main sewer line, the Public
Service District Board shall authorize the district to pay all
reasonable costs for the changes in the exterior plumbing,
including, but not limited to, installation, operation, maintenance
and purchase of a pump or any other method approved by the Division
of Health. Maintenance and operation costs for the extra
installation should be reflected in the users charge for approval
of the Public Service Commission. The circuit court shall
adjudicate the merits of the petition by summary hearing to be held
not later than thirty days after service of petition to the
appropriate owners, tenants or occupants.
(d) Whenever any district has made available sewer facilities
to any owner, tenant or occupant of any house, dwelling or building
located near the sewer facility and the engineer for the district
has certified that the sewer facilities are available to and are
adequate to serve the owner, tenant or occupant and sewage will
flow by gravity or be transported by other methods approved by the
Division of Health from the house, dwelling or building into the
sewer facilities, the district may charge, and the owner, tenant or
occupant shall pay, the rates and charges for services established under this article only after thirty-day notice of the availability
of the facilities has been received by the owner, tenant or
occupant. Rates and charges for sewage services shall be based
upon actual water consumption or the average monthly water
consumption based upon the owner's, tenant's or occupant's specific
customer class.
(e) The owner, tenant or occupant of any real property may be
determined and declared to be served by a stormwater system only
after each of the following conditions is met: (1) The district
has been designated by the Environmental Protection Agency as an
entity to serve a West Virginia Separate Storm Sewer System
community, as defined in 40 C.F.R. §122.26; (2) the district's
authority has been properly expanded to operate and maintain a
stormwater system; (3) the district has made available a stormwater
system where stormwater from the real property affects or drains
into the stormwater system; and (4) the real property is located in
the Municipal Separate Storm Sewer System's designated service
area. It is further hereby found, determined and declared that the
mandatory use of the stormwater system is necessary and essential
for the health and welfare of the inhabitants and residents of the
district and of the state. The district may charge and the owner,
tenant or occupant shall pay the rates, fees and charges for
stormwater services established under this article only after
thirty-day notice of the availability of the stormwater system has been received by the owner. An entity providing stormwater service
shall provide a tenant a report of the stormwater fee charged for
the entire property and, if appropriate, that portion of the fee to
be assessed to the tenant.
(f)
For any waterline or extension constructed, after July 1,
2009, the owner of a dwelling or business, except those used
primarily for agriculture, located within three hundred feet of a
location where such public water service is deemed available by the
Public Service Commission must pay the approved tap fee and,
thereafter, pay the greater of the minimum bill or the otherwise
applicable tariff rates based on usage: Provided, That this
subsection may not be construed so as to prevent a person from
using any other source of water to which a person has access.
Provided, however, That a person who is not connected to the water
service shall only be required to pay the initial minimum fee
established as determined by the Public Service Commission. If the
person does connect to the tap the above no longer applies.
(g) All delinquent fees, rates and charges of the district for
either water facilities, sewer facilities, gas facilities or
stormwater systems or stormwater management programs are liens on
the premises served of equal dignity, rank and priority with the
lien on the premises of state, county, school and municipal taxes.
In addition to the other remedies provided in this section, public
service districts are granted a deferral of filing fees or other fees and costs incidental to the bringing and maintenance of an
action in magistrate court for the collection of delinquent water,
sewer, stormwater or gas bills. If the district collects the
delinquent account, plus reasonable costs, from its customer or
other responsible party, the district shall pay to the magistrate
the normal filing fee and reasonable costs which were previously
deferred. In addition, each public service district may exchange
with other public service districts a list of delinquent accounts:
Provided, That an owner of real property may not be held liable for
the delinquent rates or charges for services or facilities of a
tenant, nor may any lien attach to real property for the reason of
delinquent rates or charges for services or facilities of a tenant
of the real property, unless the owner has contracted directly with
the public service district to purchase the services or facilities.
(g) (h) Anything in this section to the contrary
notwithstanding, any establishment, as defined in section three,
article eleven, chapter twenty-two of this code, now or hereafter
operating its own sewage disposal system pursuant to a permit
issued by the Department of Environmental Protection, as prescribed
by section eleven of said article, is exempt from the provisions of
this section.
(h) (i) A public service district which has been designated by
the Environmental Protection Agency as an entity to serve a West
Virginia Separate Storm Sewer System community shall prepare an annual report detailing the collection and expenditure of rates,
fees or charges and make it available for public review at the
place of business of the governing body and the stormwater utility
main office.
NOTE: The purpose of this bill is to require that all houses,
dwellings and businesses, except those used primarily for
agriculture, located within three hundred feet of where public
water service is deemed available for the first time after July 1,
2009, must pay the initial tap fee and thereafter, pay the greater
of the minimum bill or the otherwise applicable tariff rates based
on usage.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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