HB 5210 West Virginia House of Delegates · 2026 Regular Session

Comprehesive reform of the state’s water infrastructure systems.

HB 5210 comprehensively updates West Virginia's water infrastructure laws to support public water and wastewater utilities. It creates a voluntary "Struggling Utilities Improvement Pilot Program" to help six to ten struggling utilities address issues before reaching a "distressed" status, while prioritizing low-interest loans for public utilities over private ones. The bill requires mandatory training for municipal officials overseeing water systems, mandates reporting to county commissions, and establishes a new "improvement period" for utilities on the distressed watch list. It also modifies funding rules to prevent state support for utilities with serious regulatory noncompliance or financial audit issues, and allows public utilities to secure customer use contracts before project funding.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 5, 2026 Last action Feb 26, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Committee Substitute · 10 edits
MAJOR
The bill was significantly rewritten to modernize water infrastructure laws, introducing new programs for struggling utilities and distressed utilities, and updating definitions to include private utilities. Key changes include creating a 'Struggling Utilities Improvement Pilot Program' with a dedicated support team, establishing an 'Early Intervention Pilot Program' to prevent utilities from failing, and allowing private utilities to access low-interest loans if they assume responsibility for failing public systems. The bill also adds an inflation-based mechanism for water and sewer rate adjustments and clarifies rules for state funding eligibility.
Scope change
The bill's scope expanded to explicitly include private utilities in certain funding and regulatory contexts, previously focused almost entirely on public utilities. It also added new pilot programs for early intervention and struggling utilities that did not exist in the original version.
PROGRAMS

Created the 'Struggling Utilities Improvement Pilot Program' with a dedicated 'Struggling Utilities Support Team' to provide direct assistance to utilities facing financial or operational challenges.

Established the 'Early Intervention Pilot Program' to help six to ten utilities address critical issues before they are placed on a distressed utilities watch list.

ELIGIBILITY

Added eligibility for private utilities to receive low-interest loans from the Water Development Authority, provided they assume responsibility for a failing public utility and meet specific financial standards.

DEFINITION

Added new definitions for 'Private utility' and 'Private water development project' to clarify their role in state infrastructure financing.

Removed references to the 'Infrastructure and Jobs Development Council' and 'Water Development Authority Board' in favor of the new 'Water Development and Infrastructure Council' and updated board composition.

REQUIREMENT

Mandated annual reporting and initial/renewed training for municipal governing bodies and county commissions overseeing water and wastewater utilities.

Authorized utilities to enter into 'Regional Cooperative Agreements' to share resources, personnel, and facilities to improve efficiency and reduce costs.

ENFORCEMENT

Introduced an inflation-based rate adjustment mechanism ('Public Utility Stability Act') allowing publicly owned utilities to adjust rates annually based on the Department of Labor's Water and Sewerage Maintenance Index without prior commission approval.

FISCAL

Updated the Infrastructure and Jobs Development Council's guidelines to include stricter criteria for funding projects involving substantial noncompliance or audit failures.

TIMELINE

Set specific sunset dates for pilot programs (e.g., Early Intervention Program ends December 31, 2031; Struggling Utilities Program ends July 1, 2031).

Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
7
Key actions
0
Committee
3
Feb 26, 2026
Committee
To House Finance
lower
Feb 26, 2026
Committee
By substitute, do pass, but first to Finance
lower
Feb 5, 2026
Committee
To House Energy and Public Works
lower
Feb 5, 2026
Introduced
Introduced in House
lower
1 primary · 1 co-sponsor

Sponsors