The West Virginia Senate has passed a bill under which the state Department of Environmental Protection would take over a fund that helps public water systems finance infrastructure improvements.
Passing the Senate in a 33-0 vote Monday, Senate Bill 561 would transfer administration of the Drinking Water Treatment Revolving Fund from the Department of Health and Human Resources to the DEP.
SB 561 now goes before the House of Delegates.
SB 561’s Senate passage comes after the chamber voted to send House Bill 2006, legislation that would break up the DHHR into three separate agencies, to the governor’s desk last week.
The state Water Development Authority would still manage the Drinking Water Treatment Revolving Fund under SB 561, doing so under the DEP instead of the DHHR.
The Drinking Water Treatment Revolving Fund gives financial support to public water systems to finance eligible infrastructure improvements to comply with the federal Safe Drinking Water Act.
Typical fund-supported projects include water treatment plant upgrades, distribution and storage upgrades and water system extensions.
The state Auditor’s Office said earlier this month there was $688,000 in the fund, noting that the Water Development Authority, not the DHHR, is the owner of the fund in the state’s accounting system.
DHHR spokeswoman Allison Adler declined comment on SB 561, saying the agency doesn’t address pending legislation but would abide by whatever becomes law.
DEP spokesman Terry Fletcher said any staffing changes required by the fund administration transfer would depend on what legislation is passed.
A bill that would set a $300,000 maximum for project costs for water or wastewater facility upgrades reducing maintenance and operations costs or waterline leakages, SB 31, has stalled in the House Finance Committee after passing the Senate unanimously earlier this month.
The provision would apply to a Water Development Authority account for critical needs and failing systems.
A 2019 study found most West Virginia counties ranked in the top third nationally in increasing rates of health-based drinking water violations from 2016 to 2019. Conducted by a collection of environmental groups, the study analyzed violations of the federal Safe Drinking Water Act.
Nearly a quarter of West Virginia’s 862 public water systems were considered enforcement priorities last year under the Safe Drinking Water Act, according to federal Environmental Protection Agency data.
Enforcement priority status means a public water system has unresolved serious, multiple or continuing violations of federal drinking water quality standards.
One in every 20 public water systems considered enforcement priorities nationwide in 2021 were in West Virginia. Almost all violations in West Virginia were over public notification or monitoring and reporting.
Monitoring and reporting violations signify failure to conduct regular monitoring of drinking water quality or submit required timely monitoring results to the state or EPA.
Public notice violations mean systems failed to alert customers to a serious problem with their drinking water or other violations.
Drinking water systems serving less than 500 people make up more than half of West Virginia’s total number of systems, often lacking the technical or financial ability to comply with federal regulations.
SB 561’s lead sponsor is new Economic Development Committee Chairman Glenn Jeffries, R-Putnam.
Mike Tony covers energy and the environment. He can be reached at 304-348-1236 or mtony@hdmediallc.com. Follow @Mike__Tony on Twitter.
