West Virginia SB 753: Authorizing PSC approve plans to install middle-mile broadband fiber

Bill Text

SB 753 Text

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Introduced Version

« Senate Bill 753 History

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 Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2020 regular session

Introduced

Senate Bill 753

By Senators Maynard, Trump, 
Rucker, Plymale, Hardesty, Prezioso, Cline, Jeffries, Stollings, Ihlenfeld, and 
Hamilton

[Introduced February 12, 
2020; referred

to the Committee on Government Organization] 

A BILL to amend 
and reenact §24-2-1 of the Code of West Virginia, 1931, as amended; and to 
amend said code by adding thereto a new section, designated §24-2-1o, all 
relating to authorizing the Public Service Commission to approve plans proposed 
by electric utilities to install middle-mile broadband fiber and provide 
expedited cost recovery. 

Be it enacted by the 
Legislature of West Virginia:

ARTICLE 2. POWER AND 
DUTIES OF PUBLIC SERVICE COMMISSION.

§24-2-1. Jurisdiction of 
Commission; waiver of jurisdiction.

(a) The jurisdiction of the 
Public Service Commission shall extend to all public utilities in this state 
and shall include any utility engaged in any of the following public services:

Common carriage of 
passengers or goods, whether by air, railroad, street railroad, motor or 
otherwise, by express or otherwise, by land, water or air, whether wholly or 
partly by land, water or air; transportation of oil, gas or water by pipeline; 
transportation of coal and its derivatives and all mixtures and combinations 
thereof with other substances by pipeline; sleeping car or parlor car services; 
transmission of messages by telephone, telegraph or radio, except an 
electric utility that has installed middle-mile fiber broadband infrastructure 
under the provisions of §24-2-1n of this article shall not be considered a 
public utility engaged in the transmission of messages by telephone, telegraph 
or radio; generation and transmission of electrical energy by hydroelectric 
or other utilities for service to the public, whether directly or through a 
distributing utility; supplying water, gas or electricity by municipalities or 
others; sewer systems servicing 25 or more persons or firms other than the 
owner of the sewer systems: Provided, That if a public utility other 
than a political subdivision intends to provide sewer service by an innovative, 
alternative method, as defined by the federal Environmental Protection Agency, 
the innovative, alternative method is a public utility function and subject to 
the jurisdiction of the Public Service Commission regardless of the number of 
customers served by the innovative, alternative method; any public service 
district created under the provisions of §16-13A-1, et seq. of this 
code, except that the Public Service Commission will have no jurisdiction over 
the provision of stormwater services by a public service district; toll 
bridges, wharves, ferries; solid waste facilities; and any other public 
service: Provided, however, That natural gas producers who provide 
natural gas service to not more than 25 residential customers are exempt from 
the jurisdiction of the commission with regard to the provisions of such 
residential service: Provided further, That upon request of any of the 
customers of such natural gas producers, the commission may, upon good cause 
being shown, exercise such authority as the commission may deem appropriate 
over the operation, rates and charges of such producer and for such length of 
time as the commission may consider to be proper.

(b) The jurisdiction of the 
commission over political subdivisions of this state providing separate or 
combined water and/or sewer services and having at least 4,500 customers and 
annual combined gross revenues of $3 million or more that are political subdivisions 
of the state is limited to:

(1) General supervision of 
public utilities, as granted and described in §24-2-5 of this code;

(2) Regu