HB 4012: Relating to reducing the regulatory burden on utility companies when constructing and maintaining electric power generation and transmission facilities within this state - West Virginia

Committee Substitute → hb4012 s eim amt 3-12 adopted.htm · 5 edits

MODERATE

The bill was amended to change its focus from reducing regulatory burdens on utility construction to clarifying the Public Service Commission's authority over rate increases and specific certificates. The scope shifted from general utility projects to high-voltage transmission lines and electric generating facilities. Key changes include a reduction in statutory approval times for high-voltage lines from 400 to 360 days, an increase in the cost threshold for extended timelines from $50 to $100 million, and a requirement to examine advanced transmission technologies. The bill also adds a waiver provision for maintenance and repair of high-voltage facilities.

Scope change

The bill's scope narrowed from general utility construction and water/sewer projects to specifically address high-voltage transmission lines (220kV and above) and electric generating facilities.

TIMELINE

Reduced the statutory approval time for high-voltage transmission lines from 400 days to 360 days.

REQUIREMENT

Increased the projected cost threshold for extended approval timelines from $50 million to $100 million.

Added a requirement to examine alternatives including advanced transmission technologies for high-voltage lines.

ENFORCEMENT

Added a provision allowing the commission to waive certificate requirements for maintenance and repair of high-voltage facilities at its discretion.

SCOPE

Changed the bill's title and focus to clarify the commission's powers regarding rate increases and specific certificates rather than general regulatory burden reduction.

hb4012 hfat anderson 2-11 adopted.htm → hb4012 sfa rose 3-13 adopted.htm · 5 edits

MODERATE

The bill was completely rewritten by Senator Rose to replace the previous version's focus on reducing regulatory burdens and shortening approval timelines with a new framework emphasizing strict cost-benefit analysis and public interest reviews. The new text establishes detailed criteria requiring utilities to prove that high-voltage transmission projects provide benefits commensurate with their costs to West Virginia ratepayers before approval is granted.

Scope change

The bill's scope shifted from a procedural streamlining measure to a substantive regulatory standard that applies strict scrutiny to high-voltage transmission projects, particularly regarding cost allocation to local ratepayers and the requirement to build off-take facilities.

TIMELINE

Removed specific deadlines for approving high-voltage and water/sewer projects and eliminated the cost threshold for extending approval times.

REQUIREMENT

Added a mandatory requirement that the commission cannot approve rate increases unless costs are proportionate to the benefits received by West Virginia ratepayers.

Added a requirement that high-voltage transmission projects must demonstrate that costs allocated to West Virginia are commensurate with the benefits received by local ratepayers.

Added a condition requiring applicants to commit to building off-take facilities if requested by West Virginia utilities to serve local retail loads.

ELIGIBILITY

Modified the scope of the commission's rate-setting authority to explicitly include municipal utilities with fewer than 4,500 customers under specific conditions.

hb4012 hfa street and zatezalo 2-10 _1 adopted.htm → hb4012 hfat anderson 2-11 adopted.htm · 4 edits

MODERATE

The bill's sponsor changed from Delegates Street and Zatezalo to Delegate Anderson, and the amendment moved from adding new restrictions to replacing the entire bill title with a new summary. This new title clarifies that the bill aims to reduce regulatory burdens on utilities, shorten approval timelines, and raise cost thresholds for high-voltage transmission projects.

Scope change

The bill's scope is now explicitly defined in the new title to include reducing regulatory burdens, shortening approval times, raising cost limits, and adding conditions for high-voltage transmission lines.

SCOPE

The amendment text was removed and replaced with a new title that summarizes the bill's intent to reduce regulatory burdens and alter approval timelines.

REQUIREMENT

The specific legal requirements previously proposed (such as cost-benefit analysis and off-take facility construction) were removed from the amendment text and are now described generally in the new title.

TIMELINE

The new title explicitly mentions reducing PSC approval times for certificates of convenience and necessity from 270 to 240 days and for water/sewer projects from 225 to 190 days.

FISCAL

The new title specifies raising the projected cost limitation for extended approval time on high-voltage transmission lines from $50 million to $100 million.

hb4012 hfa hansen 2-5 revised adopted.htm → hb4012 hfa street and zatezalo 2-10 _1 adopted.htm · 4 edits

MODERATE

The amendment replaces a request for a general report on transmission technology with strict new rules for building high-voltage power lines in West Virginia. It requires applicants to prove that costs are roughly commensurate with benefits and mandates that the utility build off-take facilities at its own expense if a local customer requests service.

Scope change

The bill now specifically applies to certificates for electric transmission lines of 200 kilovolts or greater.

REQUIREMENT

Removed a requirement for the commission to include a section in the annual management summary report evaluating advanced transmission technologies.

Added a mandatory condition requiring applicants to design, construct, and place in service off-take facilities at their sole expense upon a valid request to serve West Virginia retail load.

ELIGIBILITY

Added a clear and convincing evidence standard requiring applicants to demonstrate that line costs are roughly commensurate with benefits to West Virginia ratepayers.

ENFORCEMENT

Established that failure to meet these new cost and construction requirements constitutes grounds for denying the certificate of public convenience and necessity.

hb4012 s eim amt 3-12 adopted.htm → hb4012 hfa hansen 2-5 revised adopted.htm · 2 edits

MINOR

The bill's title and committee history were updated to reflect new sponsorship by Delegate Hansen, and a new requirement was added mandating that the Public Service Commission include a specific evaluation of advanced transmission technologies in its annual management summary report.

Scope change

The bill's scope was expanded to require the Public Service Commission to assess the costs and savings related to advanced transmission technologies in its annual reporting.

REQUIREMENT

Updated the bill title and sponsorship information to reflect changes from the Energy, Industry, and Mining Committee to Delegate Hansen.

Added a new subsection requiring the Public Service Commission to evaluate the implementation and effectiveness of advanced transmission technologies, including an analysis of costs and savings for ratepayers, within its annual management summary report.

Engrossed Committee Substitute → Committee Substitute · 9 edits

MAJOR

The bill text was updated to reflect a Committee Substitute version, which includes significant substantive changes to reduce regulatory burdens on utility companies. Key updates include shortening statutory approval times for various projects, raising the cost threshold for extended review of high-voltage lines, and adding new requirements for public notice and hearing procedures for water/sewer utilities and high-voltage transmission lines.

Scope change

The bill's scope remains focused on reducing regulatory burdens for utilities, but the specific timelines and cost thresholds have been adjusted to allow for faster project approvals and higher project costs before triggering extended review periods.

TIMELINE

Approval time for general certificates of convenience and necessity was reduced from 270 to 240 days.

Approval time for water and sewer projects was reduced from 225 to 190 days.

Approval time for high-voltage transmission lines was reduced from 400 to 360 days.

Approval time for siting certificates was reduced from 300 to 270 days.

REQUIREMENT

The cost threshold triggering extended approval times for high-voltage lines was raised from $50 million to $100 million.

New requirements mandate that high-voltage transmission line applications must include an examination of alternatives, including advanced transmission technologies.

New provisions require water and sewer utilities to provide specific public notice and hold hearings before pursuing non-routine construction projects.

New rules require public utilities to publish notice of high-voltage transmission line applications in legal advertisements in every county where the line will be built.

ENFORCEMENT

New language clarifies that if the Public Service Commission fails to make a decision within the statutory timeframes, it must automatically issue the requested certificate.

Introduced Version → Engrossed Committee Substitute · 8 edits · Mar 13, 2026

MODERATE

This bill amends the Public Service Commission's regulations to speed up utility project approvals, lower the cost threshold for extended review periods, and introduce new requirements for high-voltage transmission lines. The changes aim to reduce regulatory burdens and encourage infrastructure development by cutting statutory decision times and raising the financial bar for automatic extensions.

Scope change

The bill expands the scope of high-voltage transmission line regulations to include a requirement for examining advanced transmission technologies and adds a waiver for maintenance and repair of existing facilities.

TIMELINE

Reduced the statutory deadline for the Public Service Commission to decide on general utility applications from 270 days to 240 days.

Reduced the deadline for water and sewer projects under $10 million from 225 days to 190 days.

Reduced the deadline for high-voltage transmission projects over $100 million from 400 days to 360 days.

Reduced the deadline for siting certificates for generating facilities from 300 days to 270 days.

REQUIREMENT

Raised the projected cost threshold for high-voltage transmission projects requiring extended review periods from $50 million to $100 million.

Added a requirement that high-voltage transmission applications must include an examination of alternatives, specifically including advanced transmission technologies.

Added a provision allowing the Public Service Commission to waive the certificate requirement for maintenance and repair of existing high-voltage facilities at its discretion.

Added a new subsection requiring the Commission to report annually on the implementation and effectiveness of advanced transmission technologies.

Relating to reducing the regulatory burden on utility companies when constructing and maintaining electric power generation and transmission facilities within this state

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