SB 762 West Virginia Senate · 2026 Regular Session

Relating to comprehensive reform of state’s water infrastructure systems

SB 762 comprehensively reforms West Virginia's water infrastructure systems by updating laws governing public water and wastewater utilities. It grants the Department of Environmental Protection authority over state water infrastructure funds, prioritizes public utilities for low-interest loans (while allowing private utilities to apply), and requires struggling utilities to address issues through a mandatory improvement period after being placed on a "watch list." The bill creates a voluntary Early Intervention Program for 6-10 utilities to resolve problems before reaching crisis status, mandates training for local officials overseeing utilities, and establishes regional cooperation agreements to share resources. It also sets new eligibility rules for state funding, including requirements for financial audits and guidelines for funding projects like line extensions.

Issues: ✓ Environment

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 5, 2026 Last action Feb 24, 2026

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What changed between versions

Introduced Version → Committee Substitute · 8 edits

MODERATE

This bill amends the West Virginia water infrastructure laws to replace the Water Development Authority Board with a new Water Development and Infrastructure Council, shifting oversight to the Department of Environmental Protection. It introduces stricter eligibility requirements for public and private utilities, including a minimum customer count for private entities and new financial audit standards. The changes also establish a mandatory improvement period for struggling utilities, create a pilot program to prevent utility failures, and clarify rules for regional cooperation and state funding.

Scope change

The bill expands the scope of oversight to include private utilities by adding a minimum customer threshold for eligibility and broadens the definition of 'governmental agency' in certain contexts. It also shifts the primary administrative authority from the Water Development Authority Board to the Department of Environmental Protection.

GOVERNANCE

Replaced the Water Development Authority Board with a Water Development and Infrastructure Council, transferring administrative authority to the Department of Environmental Protection.

ELIGIBILITY

Added a requirement that private utilities must have at least 100 customers to qualify for state loans.

FISCAL

Established new guidelines requiring utilities to be current on financial audits and addressing audit findings before receiving state funding.

Modified loan terms for private utilities to match public utility interest rates and added a requirement that rate reductions benefit customers if debt service decreases.

REQUIREMENT

Created a mandatory improvement period for utilities on the 'watch list' to address financial or operational instability before acquisition.

Mandated initial and renewed training for municipal and county officials overseeing public water and wastewater systems.

ENFORCEMENT

Introduced a voluntary Early Intervention Pilot Program to help struggling utilities address issues before they become distressed.

DEFINITION

Updated the definition of 'private utility' to include a specific customer count threshold and clarified the definition of 'governmental agency'.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 24, 2026

Committee

To Finance

upper

Feb 24, 2026

Committee

Committee substitute reported, but first to Finance

upper

Feb 5, 2026

Committee

To Government Organization

upper

Feb 5, 2026

Introduced

Introduced in Senate

upper

Feb 5, 2026

Committee

To Government Organization then Finance

upper

1 primary · 1 co-sponsor