House 4862

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4862

By Delegate Linville

[Requested by the Public Service Commission]

[Introduced January 28, 2026; referred to the Committee on Energy and Public Works]

A BILL to amend and reenact §16-13A-18a of the Code of West Virginia, 1931, relating to the responsibility of a board of a public service district to cooperate with a county commission in the sale of assets of a public service district that is being dissolved, sold or merged with another public service district.

Be it enacted by the Legislature of West Virginia:

ARTICLE 13A. PUBLIC SERVICE DISTRICTS.

§16-13A-18a. Sale, lease or rental of water, sewer, stormwater or gas system by district; distribution of proceeds.

(a) In any case where a public service district owns a water, sewer, stormwater or gas system, and a majority of not less than sixty percent of the members of the public service board thereof deem it for the best interests of the district to sell, lease or rent such water, sewer, stormwater or gas system to any municipality or privately-owned water, sewer, stormwater or gas system, or to any water, sewer, stormwater or gas system owned by an adjacent public service district, the board may so sell, lease or rent such water, sewer, stormwater or gas system upon such terms and conditions as said board, in its discretion, considers in the best interests of the district. Provided, That such sale, leasing

(b) A sale, lease, or rental may be made only upon:

(1) The publication of notice of a hearing before the board of the public service district, as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, in a newspaper published and of general circulation in the county or counties wherein the district is located, such publication to be made not earlier than twenty days and not later than seven days prior to the hearing;

(2) Approval by the county commission or commissions of the county or counties in which the district operates; and

(3) Approval by the Public Service Commission of West Virginia.

(c) If the county commission or commissions of the county or counties in which the district operates have previously ordered the dissolution and sale or merger of a water or sewer public service district system to any other public service district, municipality or privately-owned public utility system, and has received approval of the dissolution, sale and or merger from the Public Service Commission, the notice, hearing and approval of the board of the public district that is to be dissolved, sold or merged is not required. The board of a public service district that is being dissolved or merged with another public utility shall cooperate with the county commission in the sale of district assets and shall execute, or cause to be executed, any necessary documents related to the sale and transfer of such assets.

(d) In the event of any such sale, the proceeds thereof, if any, remaining after payment of all outstanding bonds and other obligations of the district, shall be ratably distributed to any persons who have made contributions in aid of construction of such water, sewer, stormwater or gas system, such distribution not to exceed the actual amount of any such contribution, without interest, and any balance of funds thereafter remaining shall be paid to the county commission of the county in which the major portion of such water, sewer, stormwater or gas system is located to be placed in the general funds of such county commission: Provided, That no such distribution shall be required in the case of a sale between political subdivisions of the state.

NOTE: The purpose of this bill is to require the board of a public service district to cooperate with a county commission when the county commission has authorized the dissolution, sale or merger of the district with another public service district.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.