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​West Virginia families should not have to pay for infrastructure projects they don't need or pay fees for services they don't receive. For too long, utility companies have raised rates and added hidden surcharges without real oversight.
​As your Delegate, I will pass the Utility Ratepayer and Asset Protection Act to put an end to unpredictable utility bills and ensure your money is spent wisely.
​The Reforms That Put Money Back in Your Pocket:
​End Hidden Surcharges: I will outlaw all Infrastructure Surcharges (like DSIC and WSIC). All utility spending must now be justified in a full public rate case, ending unpredictable monthly fees that blindside your family budget.
​Mandate Real Accountability: We will require the Public Service Commission (PSC) to mandate a Cost Justification Standard (CJS). Utilities must prove spending is immediately necessary for safety and the lowest possible cost. This stops you from paying for unnecessary future projects or inflated costs.
​Protect Your Home: I will pass a law that bans liens and foreclosures on residential property for utility fees related to services that were not physically provided or connected to the home. This crucial step protects your home equity from unfair charges.
​Secure Infrastructure Funding: We will create the Utility Ratepayer Resiliency Fund (URRF), funded by a predictable 2.0% fee on utility gross revenue—not directly on your monthly bill. This secures infrastructure funding without relying on sudden, massive rate hikes.
​This Act is about holding utilities accountable, prioritizing necessary spending, and guaranteeing ratepayer fairness across West Virginia.

West Virginia Utility Ratepayer and Asset Protection Act
​A BILL to amend the Code of West Virginia, 1931, as amended, by establishing a new article, designated Article 30, chapter 24, relating to utility infrastructure funding and maintenance; establishing a Utility Ratepayer Resiliency Fund (URRF) and imposing a Utility Resiliency Fee (URF) on utility gross operating revenue; creating the Public Energy Authority as administrator of the fund; instituting a rigorous Cost Justification Standard (CJS) for all capital expenditures; prohibiting all forms of infrastructure surcharges (DSIC/WSIC); providing enhanced protection against unjust utility liens; and granting specific rule-making authority to the Public Service Commission.
​Be it enacted by the Legislature of West Virginia:
​That chapter twenty-four of the Code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding a new article, designated Article 30, to read as follows:
​ARTICLE 30. UTILITY RATEPAYER AND ASSET PROTECTION ACT.
​§24-30-1. Purpose and Findings.
​It is hereby declared that the purpose of this Act is to achieve a stable, cost-effective, and safe public utility system by requiring the Public Service Commission (PSC) to prioritize direct consumer benefit and verified necessity in all rate-making decisions, establishing a predictable mechanism for infrastructure renewal, and protecting homeowners from being penalized for services not rendered.
​§24-30-2. Definitions.
​For the purposes of this article:
(a) COST JUSTIFICATION STANDARD (CJS). The mandatory standard created under \S24-30-5 that the Public Service Commission (PSC) shall apply to all rate applications and capital cost recovery mechanisms.
(b) GROSS OPERATING REVENUE. All revenue derived by a Public Utility from the provision of utility service within the State of West Virginia, before the deduction of any operating expenses, fuel costs, or taxes.
(c) INFRASTRUCTURE SURCHARGE. Any fee, rider, or surcharge, including, but not limited to, the Distribution System Improvement Charge (DSIC) or the Wastewater System Improvement Charge (WSIC), that permits a utility to recover the costs of infrastructure installation, replacement, or maintenance outside of a general base rate case review.
(d) PUBLIC UTILITY. Any utility that is subject to the regulatory authority of the Public Service Commission of West Virginia, as defined in \S24-1-1 et seq. of this code, including water, sewer, electric, and gas utilities.
(e) RESIDENTIAL HOME OR PROPERTY. Any single-family dwelling or property parcel used exclusively for non-commercial habitation.
(f) UTILITY RESILIENCY FEE (URF). The mandatory annual fee levied under \S24-30-3 on the gross operating revenue of every regulated Public Utility to fund essential infrastructure installation, replacement, and maintenance projects.
(g) UTILITY RATEPAYER RESILIENCY FUND (URRF). The special revenue fund established under \S24-30-3 and administered by the West Virginia Public Energy Authority (WVPEA) to receive and disburse the URF exclusively for cost-justified infrastructure projects.
​§24-30-3. Establishment of the Utility Ratepayer Resiliency Fund (URRF) and Fee (URF).
​(a) Fee Imposition. The State of West Virginia shall levy a mandatory annual Utility Resiliency Fee (URF) of two percent (2.0%) on the total annual Gross Operating Revenue of every Public Utility regulated by the PSC, to be calculated and remitted to the State Treasurer quarterly.
(b) Fund Creation and Use. The State Treasurer shall establish a special revenue fund known as the “Utility Ratepayer Resiliency Fund” (URRF). The West Virginia Public Energy Authority (WVPEA) is authorized to administer the URRF. Funds generated by the URF shall be used exclusively to provide low-interest loans or grants to utilities for capital expenditure projects that have been approved by the PSC under the Cost Justification Standard (CJS) established in \S24-30-5.
​§24-30-4. Prohibition of Infrastructure Surcharges.
​(a) Prohibition. Notwithstanding any prior rule, order, or precedent, the Public Service Commission (PSC) shall not approve, permit, or allow any regulated utility to collect or levy an Infrastructure Surcharge as defined in \S24-30-2.
(b) Mandatory Rate Case. All costs associated with infrastructure installation, replacement, or maintenance must be recovered exclusively through a full general base rate case review under the stringent application of the Cost Justification Standard (CJS) established in \S24-30-5 or financed through the Utility Ratepayer Resiliency Fund (URRF).
​§24-30-5. Mandatory PSC Cost Justification Standard (CJS).
​(a) Implementation. Notwithstanding any prior rule or precedent, the Public Service Commission (PSC) is mandated to apply a strict Cost Justification Standard (CJS) to all utility proposals for rate increases and capital cost recovery mechanisms.
(b) Requirement. No utility rate or surcharge related to a capital expenditure shall be approved by the PSC unless the utility affirmatively demonstrates that the expenditure:
(1) Is immediately necessary for the safety or reliability of current service delivery.
(2) Provides a direct and measurable benefit to current ratepayers.
(3) Represents the lowest reasonable cost as determined by competitive bidding or documented market comparisons.
(4) Excludes all costs related to future expansion, speculation, or mandated environmental projects that do not meet criteria (1) and (2).
​§24-30-6. Protection of Homeowners from Unjust Utility Liens and Charges.
​Notwithstanding any other provision of law, it shall be unlawful for any Public Utility to:
(a) Liens for Non-Service. Place a lien on any Residential Home or Property for unpaid fees related to a utility service that has not been made available or physically provided to the property, and no utility shall threaten or initiate the foreclosure process against a Residential Home or Property based on any such lien.
(b) Billing for Non-Service. Issue a bill for connection, delivery, or availability charges to any Residential Home or Property that is not physically connected to the utility system, unless connection has been explicitly requested by the property owner.
​§24-30-7. Public Service Commission Rule-Making Authority.
​The Public Service Commission shall propose rules for legislative approval in accordance with the provisions of chapter twenty-nine-a of this code to effectuate the purposes of this article, including, but not limited to, establishing detailed procedures and standards for the application of the Cost Justification Standard (\S24-30-5) and the accurate calculation and remittance of the Utility Resiliency Fee (\S24-30-3).
​§24-30-8. Effective Date.
​The provisions of this article shall become effective on the first day of July of the calendar year next following the year in which this act is passed by the Legislature, to allow state agencies and utility providers time for regulatory and financial adjustment.