HOUSE CONCURRENT RESOLUTION NO. 124

(By Delegates Howell, Arvon, Border-Sheppard, Cadle, Caputo, Eldridge, Faircloth, Ferro, Hamrick, Hill, Ihle, Kessinger, Marcum, McGeehan, Moffatt, Morgan, Nelson, J., Phillips, R., Smith, P., Smith, R., Sponaugle, Stansbury, and Zatezalo)

[Originating in the Committee on Government Organization]

[March 9, 2015]

Requesting that the Joint Committee on Government and Finance authorize a study on the regulation of public utilities by political subdivisions of the State of West Virginia.

Whereas, Municipalities and county commissions possess certain powers to enact, administer, and enforce ordinances; and

Whereas, Such powers of municipalities and county commissions are intended to be used in order to serve the public interest and welfare of their respective citizens and respond to their citizens; and

Whereas, Public utilities provide vital services and products to the public as a whole, not constrained by the boundaries of political subdivisions of the State; and

Whereas, The nature of public utility services and products are to serve the general welfare, need, and public good of the State; and

Whereas, Public utilities in West Virginia are governed by various Federal and State agencies, including, but not limited to, the United States Environmental Protection Agency, the Federal Energy Regulatory Commission, the West Virginia Department of Environmental Protection, and the West Virginia Public Service Commission; and

Whereas, Regulation of public utilities at the local level can conflict with and, indeed, frustrate, confuse, and confound the operations, service, and products provided to the public by such public utilities; and

Whereas, The cost of regulatory compliance at any level is ultimately borne by the ratepayers and customers of the public utilities; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the issue of regulation of public utilities by political subdivisions of the State of West Virginia; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

            Further Resolved, That the expenses necessary to conduct this study and to prepare and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.