HB 4537 — Requiring municipalities take action when potential customers apply for water and sewer service.
Last action — To Government Organization
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1Introduced
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2In Committee
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3Passed House of Delegates
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
Requiring municipalities take action when potential customers apply for water and sewer service.
Bill Text
What changed in the latest version
1 added · 239 removedPlain-language change summary
The recent amendment to House Bill 4537 added language to specify that infrastructure must be in place to provide services that generate a positive net revenue before service extensions can occur. This change emphasizes the financial viability of extending services, ensuring that resources are used effectively. It matters because it aims to prevent municipalities from taking on projects that could lead to financial losses, thus safeguarding taxpayer money and promoting sustainable growth in water service provision.
WESTHB4537 VIRGINIAHFA LEGISLATUREFunkhouser REGULAR2-23 SESSION#1Casto ENGROSSED3264 Delegate Funkhouser moved to amend the Committee Substitute foron Housepage Bill2, 4537section By17, Delegateline Howell,30, G.,immediately Sheedy,preceding Jeffries,the Rileyword and“extension” Willisby [Originatinginserting inthe words “infrastructure necessary to provide services with positive net service revenue or"ANDOn page 2, section 17, line 31 immediately preceding the Committeeword on“extension” Energyby andinserting Publicthe Works;words “infrastructure necessary to provide services with positive net service revenue or"ANDOn page 2, section 17, line 34, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or”ANDOn page 2, section 17, line 35, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or”ANDOn page 3, section 17, line 37, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or”ANDon page 4, section 16, line 24, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or"ANDOn page 4, section 16, line 25 immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or"ANDOn page 4, section 16, line 28, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or”ANDOn page 4, section 16, line 29, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or”ANDOn page 4, section 16, line 31, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or”ANDon page 6, section 22a, line 23, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or"ANDOn page 6, section 22a, line 24 immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or"ANDOn page 6, section 22a, line 27, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or”ANDOn page 6, section 22a, line 28, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or”ANDOn page 6, section 22a, line 30, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or”ANDon page 7, section 24, line 22, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or"ANDOn page 7, section 24, line 23 immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or"ANDOn page 7, section 24, line 26, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or”ANDOn page 8, section 24, line 28, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or”ANDOn page 8, section 24, line 29, immediately preceding the word “extension” by inserting the words “infrastructure necessary to provide services with positive net service revenue or” AdoptedRejected
Reported on February 18, 2026] Eng CS for HB 4573 A BILL to amend and reenact §8-19-17, §8-20-16, §16-13-22a, and §16-13A-24 of the Code of West Virginia, 1931, relating to requiring municipalities and public service districts to determine the cost of adding potential customers to water service from the municipality or public service district;
requiring municipalities and public service districts to apply through the West Virginia Infrastructure and Jobs Development Council for available funding;
requiring municipalities and public service districts to extend service to potential customers who have paid required fees if a grant or grants are awarded to cover the fees for the service extension;
and providing for funding and reimbursement of application costs to potential customers.
Be it enacted by the Legislature of West Virginia:
CHAPTER 8.
MUNICIPAL CORPORATIONS.
ARTICLE 19.
MUNICIPAL AND COUNTY WATERWORKS AND ELECTRIC POWER SYSTEMS.
PART V.
GRANTS, LOANS, ADVANCES AND AGREEMENTS;
CUMULATIVE AUTHORITY.
§8-19-17.
Grants, loans, advances and agreements.
(a) As an alternative to, or in conjunction with, the issuance of revenue bonds authorized by this article, any municipality or county commission is hereby empowered and authorized to accept loans or grants and procure loans or temporary advances evidenced by notes or other negotiable instruments issued in the manner, and subject to the privileges and limitations, set forth with respect to bonds authorized to be issued under the provisions of this article, or otherwise enter into agreement, including, but not limited to, agreements of indemnity, assurance or guarantee with respect to, and for the purpose of financing part or all of, the cost of acquisition, construction, establishment, extension or equipment of waterworks or electric power systems and the construction of additions, betterments and improvements to existing waterworks systems or to Eng CS for HB 4573 existing electric power systems, and for the other purposes herein authorized, from or with any authorized agency of the state or from the United States of America or any federal or public agency or department of the United States or any private agency, corporation or individual, which loans or temporary advances, including the interest thereon, or the municipality's or county's financial obligations contained in such other agreements, which need not bear interest, may be repaid out of the proceeds of bonds authorized to be issued under the provisions of this article, the revenues of or proceeds from the said waterworks system or electric power system or grants to the municipality or county commission from any agency of the state or from the United States of America or any federal or public agency or department of the United States or any private agency, corporation or individual or from any combination of such sources of payment, and may be secured in the manner provided in sections eight, nine and sixteen of this article to secure bonds issued under the provisions of this article, but shall not otherwise be subject to the requirements of sections eleven and twelve of this article, and to enter into the necessary contracts and agreements to carry out the purposes hereof with any agency of the state, the United States of America or any federal or public agency or department of the United States, or with any private agency, corporation or individual.
In no event shall any such loan or temporary advance or agreement be a general obligation of the municipality or county and such loans or temporary advances or agreements, including the interest thereon, shall be paid solely from the sources specified in this section.
(b) When potential customers apply for water or sewer service from the municipality, the municipality must determine the cost of the infrastructure necessary to provide services with positive net service revenue or extension and the customer cost responsibility for the cost of the infrastructure necessary to provide services with positive net service revenue or extension (customer share) in accordance with rules of the Public Service Commission.
Once the cost and customer share are determined, if those potential customers wish to continue, and they, or any person or entity desiring to do so, provide an up-front customer contribution for the customer share Eng CS for HB 4573 of the infrastructure necessary to provide services with positive net service revenue or extension costs, then the municipality shall extend service pursuant to the rules of the Public Service Commission.
If, before continuing with the infrastructure necessary to provide services with positive net service revenue or extension, the potential customers request that the municipality make application for grant funds to finance the total costs of the infrastructure necessary to provide services with positive net service revenue or extension, then the potential customers, or any person or entity desiring to do so, must provide funds to cover the cost of the application, and, once provided, the municipality shall then apply through the West Virginia Infrastructure and Jobs Development Council for any available funding.
(c) Notwithstanding any other provisions of this code to the contrary, if a grant or grants are awarded that cover the total costs for a project to extend service to unserved potential customers, the municipality is required to extend service to said potential customers after the potential customers have paid any required fees, including their required contributions.
Grant funds shall be used to reimburse the potential customers or any other person or entity who were contributors for any front contributions, including, but not limited to, the cost of the application, in accordance with the rules of the Public Service Commission, including the rule that reimbursements will not exceed the original amount of the customer contribution.
ARTICLE 20.
COMBINED SYSTEMS.
§8-20-16.
Grants, loans and advances.
(a) Any municipality is hereby empowered and authorized to accept loans or grants and procure loans or temporary advances evidenced by notes or other negotiable instruments issued in the manner, and subject to the privileges and limitations, set forth with respect to bonds authorized to be issued under the provisions of this article, for the purpose of paying part or all of the cost of acquisition, construction, establishment, extension or equipment of combined systems and the construction of additions, betterments and improvements thereto, and for the other purposes herein authorized, from any authorized agency of the state or from the United States of Eng CS for HB 4573 America or any federal or public agency or department of the United States or any private agency, corporation or individual, which loans or temporary advances, including the interest thereon, may be repaid out of the proceeds of bonds authorized to be issued under the provisions of this article, the revenues of the said combined system or grants to the municipality from any agency of the state or from the United States of America or any federal or public agency or department of the United States or any private agency, corporation or individual or from any combination of such sources of payment, and to enter into the necessary contracts and agreements to carry out the purposes hereof with any agency of the state, the United States of America or any federal or public agency or department of the United States, or with any private agency, corporation or individual.
Any other provisions of this article notwithstanding, interest on any loans or temporary advances may be paid from the proceeds thereof until the maturity of the notes or other negotiable instrument.
In no event shall any loan or temporary advance be a general obligation of the municipality and the loans or temporary advances, including the interest thereon, shall be paid solely from the sources specified in this section.
(b) When potential customers apply for water or sewer service from the municipality, the municipality must determine the cost of the infrastructure necessary to provide services with positive net service revenue or extension and the customer cost responsibility for the cost of the infrastructure necessary to provide services with positive net service revenue or extension (customer share) in accordance with rules of the Public Service Commission.
Once the cost and customer share are determined, if those potential customers wish to continue, and they, or any person or entity desiring to do so, provide an up-front customer contribution for the customer share of the infrastructure necessary to provide services with positive net service revenue or extension costs, then the municipality shall extend service pursuant to the rules of the Public Service Commission.
If, before continuing with the infrastructure necessary to provide services with positive net service revenue or extension, the potential customers request that the municipality Eng CS for HB 4573 make application for grant funds to finance the total costs of the infrastructure necessary to provide services with positive net service revenue or extension, then the potential customers, or any person or entity desiring to do so, must provide funds to cover the cost of the application, and, once provided, the municipality shall then apply through the West Virginia Infrastructure and Jobs Development Council for any available funding.
(c) Notwithstanding any other provisions of this code to the contrary, if a grant or grants are awarded that cover the total costs for a project to extend service to unserved potential customers, the municipality is required to extend service to said potential customers after the potential customers have paid any required fees, including their required contributions.
Grant funds shall be used to reimburse the potential customers or any other person or entity who were contributors for any front contributions, including, but not limited to, the cost of the application, in accordance with the rules of the Public Service Commission, including the rule that reimbursements will not exceed the original amount of the customer contribution.
CHAPTER 16.
PUBLIC HEALTH.
ARTICLE 13.
SEWAGE WORKS AND STORMWATER WORKS.
§16-13-22a.
Grants, loans and advances.
Show all 59 changed lines (19 more)
(a) Any municipality is authorized and empowered to accept loans or grants and procure loans or temporary advances evidenced by notes or other negotiable instruments issued in the manner, and subject to the privileges and limitations, set forth with respect to bonds authorized to be issued under the provisions of this article, for the purpose of paying part or all of the cost of acquisition or construction of said sewage works and the construction of betterments and improvements thereto, and for the other purposes herein authorized, from any authorized agency of the state or from the United States of America or any federal or public agency or department of the United States or any private agency, corporation or individual, which loans or temporary advances, including the interest thereon, may be repaid out of the proceeds of bonds authorized to Eng CS for HB 4573 be issued under the provisions of this article, the revenues of the said sewage works or grants to the municipality from any agency of the state or from the United States of America or any federal or public agency or department of the United States or any private agency, corporation or individual or from any combination of such sources of payment, and to enter into the necessary contracts and agreements to carry out the purposes hereof with any agency of the state, the United States of America or any federal or public agency or department of the United States, or with any private agency, corporation or individual.
Any other provisions of this article to the contrary notwithstanding, interest on any such loans or temporary advances may be paid from the proceeds thereof until the maturity of such notes or other negotiable instrument.
In no event shall any such loan or temporary advance be a general obligation of the municipality and such loans or temporary advances, including the interest thereon, shall be paid solely from the sources specified in this section.
(b) When potential customers apply for water or sewer service from the municipality, the municipality must determine the cost of the infrastructure necessary to provide services with positive net service revenue or extension and the customer cost responsibility for the cost of the infrastructure necessary to provide services with positive net service revenue or extension (customer share) in accordance with rules of the Public Service Commission.
Once the cost and customer share are determined, if those potential customers wish to continue, and they, or any person or entity desiring to do so, provide an up-front customer contribution for the customer share of the infrastructure necessary to provide services with positive net service revenue or extension costs, then the municipality shall extend service pursuant to the rules of the Public Service Commission.
If, before continuing with the infrastructure necessary to provide services with positive net service revenue or extension, the potential customers request that the municipality make application for grant funds to finance the total costs of the infrastructure necessary to provide services with positive net service revenue or extension, then the potential customers, or any person or entity desiring to do so, must provide funds to cover the cost of the application, and, Eng CS for HB 4573 once provided, the municipality shall then apply through the West Virginia Infrastructure and Jobs Development Council for any available funding.
(c) Notwithstanding any other provisions of this code to the contrary, if a grant or grants are awarded that cover the total costs for a project to extend service to unserved potential customers, the municipality is required to extend service to said potential customers after the potential customers have paid any required fees, including their required contributions.
Grant funds shall be used to reimburse the potential customers or any other person or entity who were contributors for any front contributions, including, but not limited to, the cost of the application, in accordance with the rules of the Public Service Commission, including the rule that reimbursements will not exceed the original amount of the customer contribution.
ARTICLE 13A.
PUBLIC SERVICE DISTRICTS.
§16-13A-24.
Acceptance of loans, grants or temporary advances.
(a) Any public service district created pursuant to the provisions of this article is authorized and empowered to accept loans or grants and procure loans or temporary advances evidenced by notes or other negotiable instruments issued in the manner, and subject to the privileges and limitations, set forth with respect to bonds authorized to be issued under the provisions of this article, for the purpose of paying part or all of the cost of construction or acquisition of water systems, sewage systems, stormwater systems or stormwater management systems or gas facilities, or all of these, and the other purposes herein authorized, from any authorized agency or from the United States of America or any federal or public agency or department of the United States or any private agency, corporation or individual, which loans or temporary advances, including the interest thereon, may be repaid out of the proceeds of the bonds authorized to be issued under the provisions of this article, the revenues of the said water system, sewage system, stormwater system or associated stormwater management system or gas facilities, or grants to the public service district from any authorized agency or from the United States of America or any federal or public agency or department of the United States or from any private agency, Eng CS for HB 4573 corporation or individual or from any combination of such sources of payment, and to enter into the necessary contracts and agreements to carry out the purposes hereof with any authorized agency or the United States of America or any federal or public agency or department of the United States, or with any private agency, corporation or individual.
Any other provisions of this article to the contrary notwithstanding, interest on any such loans or temporary advances may be paid from the proceeds thereof until the maturity of such notes or other negotiable instrument.
(b) When potential customers apply for water or sewer service from the public service district, the public service district must determine the cost of the infrastructure necessary to provide services with positive net service revenue or extension and the customer cost responsibility for the cost of the infrastructure necessary to provide services with positive net service revenue or extension (customer share) in accordance with rules of the Public Service Commission.
Once the cost and customer share are determined, if those potential customers wish to continue, and they, or any person or entity desiring to do so, provide an up-front customer contribution for the customer share of the infrastructure necessary to provide services with positive net service revenue or extension costs, then the public service district shall extend service pursuant to the rules of the Public Service Commission.
If, before continuing with the infrastructure necessary to provide services with positive net service revenue or extension, the potential customers request that the public service district make application for grant funds to finance the total costs of the infrastructure necessary to provide services with positive net service revenue or extension, then the potential customers, or any person or entity desiring to do so, must provide funds to cover the cost of the application, and, once provided, the public service district shall then apply through the West Virginia Infrastructure and Jobs Development Council for any available funding.
(c) Notwithstanding any other provisions of this code to the contrary, if a grant or grants are awarded that cover the total costs for a project to extend service to unserved potential customers, the public service district is required to extend service to said potential customers after the Eng CS for HB 4573 potential customers have paid any required fees, including their required contributions.
Grant funds shall be used to reimburse the potential customers or any other person or entity who were contributors for any front contributions, including, but not limited to, the cost of the application, in accordance with the rules of the Public Service Commission, including the rule that reimbursements will not exceed the original amount of the customer contribution.
Show all 59 changed rows (19 more)
View plain text versions (4)
- hb4537 hfa funkhouser 2-23 _1 adopted.htm View text Current html
- Committee Substitute Engrossed Committee Substitute pdf
- Committee Substitute View text pdf
- Introduced Introduced Version pdf
Action History
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Filed for introduction
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To Energy and Public Works
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Introduced in House
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To House Energy and Public Works
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To House Environment, Infrastructure, and Technology
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Markup Discussion
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To House Energy and Public Works
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Markup Discussion
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By substitute, do pass
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On 1st reading, Special Calendar
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Read 1st time
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On 2nd reading, Special Calendar
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Read 2nd time
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Amendment reported by the Clerk
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Amendment adopted (Voice vote)
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On 3rd reading, Special Calendar
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Read 3rd time
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Passed House (Roll No. 168)
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Communicated to Senate
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Introduced in Senate
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To Government Organization
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To Government Organization
Sponsors
- Gary G. Howell · Primary
- Charles Sheedy · Cosponsor
- Dean Jeffries · Cosponsor
- Jimmy Willis · Cosponsor
- Clay Riley · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 147 not signed on
Sponsors (1)
- Gary G. Howell Republican
Co-sponsors (4)
- Charles Sheedy Republican
- Dean Jeffries Republican
- Jimmy Willis Republican
- Clay Riley Republican
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 82 | 0 | 0 | 6 |
| Democrat | 8 | 0 | 0 | 1 |
| Unaffiliated | 2 | 0 | 0 | 1 |
| Total | 92 | 0 | 0 | 8 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Flanigan | — | Yea |
| Linville | — | Yea |
| Kump | — | Not Voting |
| Anitra Hamilton | Democrat | Yea |
| Evan Hansen | Democrat | Not Voting |
| Hollis Lewis | Democrat | Yea |
| John Williams | Democrat | Yea |
| Kayla Young | Democrat | Yea |
| Mike Pushkin | Democrat | Yea |
| Rick Garcia | Democrat | Yea |
| Sean Hornbuckle | Democrat | Yea |
| Shawn Fluharty | Democrat | Yea |
| Adam Burkhammer | Republican | Yea |
| Adam Vance | Republican | Not Voting |
| Andy Shamblin | Republican | Yea |
| Betsy Kelly | Republican | Yea |
| Bill Bell | Republican | Yea |
| Bill Ridenour | Republican | Yea |
| Bob Fehrenbacher | Republican | Yea |
| Bryan Smith | Republican | Not Voting |
| Bryan Ward | Republican | Yea |
| Carl "Bill" Roop | Republican | Yea |
| Carl Martin | Republican | Yea |
| Charles Sheedy | Republican | Yea |
| Chris Phillips | Republican | Yea |
| Christopher W. Toney | Republican | Yea |
| Chuck Horst | Republican | Yea |
| Clay Riley | Republican | Yea |
| D. Rolland Jennings | Republican | Yea |
| Dana Ferrell | Republican | Yea |
| Dave Foggin | Republican | Yea |
| David Cannon | Republican | Not Voting |
| David Green | Republican | Yea |
| David McCormick | Republican | Yea |
| Dean Jeffries | Republican | Yea |
| Doug Smith | Republican | Yea |
| Elias Coop-Gonzalez | Republican | Yea |
| Eric Brooks | Republican | Yea |
| Erica Moore | Republican | Yea |
| Evan Worrell | Republican | Yea |
| Gary G. Howell | Republican | Yea |
| Geno Chiarelli | Republican | Yea |
| George Miller | Republican | Yea |
| George Street | Republican | Not Voting |
| Gregory A. Watt | Republican | Yea |
| Guy Ward | Republican | Yea |
| Henry Dillon | Republican | Yea |
| Ian T. Masters | Republican | Not Voting |
| James Robert "JB" Akers II | Republican | Yea |
| Jarred Cannon | Republican | Yea |
| Jeff Campbell | Republican | Yea |
| Jeff Eldridge | Republican | Yea |
| Jeffrey Stephens | Republican | Yea |
| Jim Butler | Republican | Yea |
| Jimmy Willis | Republican | Yea |
| Joe Ellington | Republican | Yea |
| Joe Funkhouser | Republican | Yea |
| Joe Parsons | Republican | Yea |
| Joe Statler | Republican | Yea |
| John Jordan | Republican | Yea |
| John Paul Hott | Republican | Yea |
| Jonathan Kyle | Republican | Yea |
| Jonathan Pinson | Republican | Yea |
| Jordan Bridges | Republican | Not Voting |
| Jordan Maynor | Republican | Yea |
| Josh Holstein | Republican | Yea |
| Kathie Hess Crouse | Republican | Yea |
| Keith Marple | Republican | Yea |
| Laura Kimble | Republican | Yea |
| Lisa White | Republican | Yea |
| Lori Dittman | Republican | Yea |
| Margitta Mazzocchi | Republican | Yea |
| Mark Dean | Republican | Yea |
| Mark Zatezalo | Republican | Yea |
| Marshall W. Clay | Republican | Yea |
| Marty Gearheart | Republican | Yea |
| Matthew Rohrbach | Republican | Yea |
| Michael Amos | Republican | Yea |
| Michael Hite | Republican | Yea |
| Michael Hornby | Republican | Yea |
| Mickey Petitto | Republican | Yea |
| Pat McGeehan | Republican | Yea |
| Patrick Lucas | Republican | Yea |
| Phil Mallow | Republican | Yea |
| Ray Canterbury | Republican | Yea |
| Rick Hillenbrand | Republican | Yea |
| Roger Hanshaw | Republican | Yea |
| Roy Cooper | Republican | Yea |
| Ryan Browning | Republican | Yea |
| S. Chris Anders | Republican | Yea |
| Sarah Drennan | Republican | Yea |
| Scot C. Heckert | Republican | Yea |
| Stanley Adkins | Republican | Yea |
| Tresa Howell | Republican | Yea |
| Tristan Leavitt | Republican | Yea |
| Vacant1 | Republican | Yea |
| Vernon Criss | Republican | Yea |
| Walter Hall | Republican | Yea |
| Wayne Clark | Republican | Yea |
| William Anderson | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 4537 do?
- Requiring municipalities take action when potential customers apply for water and sewer service.
- Who sponsors HB 4537?
- HB 4537 is sponsored by Gary G. Howell (Republican), Charles Sheedy (Republican), Dean Jeffries (Republican), Jimmy Willis (Republican), and Clay Riley (Republican).
- What is the current status of HB 4537?
- This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 4537?
- Track HB 4537 free on One Click Politics — get push/email alerts when it moves.
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