SENATE CONCURRENT RESOLUTION NO. 57

(By Senators D. Hall, M. Hall, Kirkendoll, Snyder and Stollings)

Requesting the Joint Committee on Government and Finance study issue of 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 possessed by 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 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, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.