Relating to agreements between solid waste motor carriers and commercial customers

2026 Regular Session Introduced by Mark Maynard

Requires written solid waste service agreements between carriers and commercial customers, per PSC rules, and may exceed one-year terms.

Chapter 269, Acts, Regular Session, 2026

#publicservicecommission

Summary of SB 1059 (Session 2026, West Virginia)

Purpose and intent

The bill adds a new statutory requirement regarding agreements between solid waste motor carriers and commercial customers.

Specifically, it requires that such agreements be in writing and be drafted in accordance with the West Virginia Public Service Commission’s rules and general orders governing these agreements. It also clarifies that these written agreements may have a term longer than one year.

Key provisions

Legislative addition: A new section designated as §24A-5-2c within Article 5 (Powers and Duties of the Public Service Commission).

Writing requirement: All agreements between a solid waste motor carrier and a commercial customer must be in writing.

Compliance with rules: The written agreements must be drafted in accordance with the commission’s rules and general orders that govern such agreements.

Duration: The written agreements may have a term longer than one year (i.e., not restricted to single-year terms).

Who is affected

Solid waste motor carriers operating in West Virginia.

Commercial customers who contract with solid waste carriers for waste collection and related services.

The Public Service Commission (or its staff) as the issuer of applicable rules and general orders that govern these agreements.

Procedural and timeline aspects

Enactment and effective date: The bill became law as Chapter 269, Acts, Regular Session, 2026, with an effective date 90 days after passage.

Passage history: Introduced in the Senate, passed both chambers in March 2026, and approved by the Governor in April 2026. The enrolled version indicates an effective date of 90 days from passage (around mid-June 2026) consistent with the final enacted date.

Practical impact and considerations

Standardization: Establishes a standardized, written basis for solid waste service contracts, potentially improving clarity on terms, pricing, service levels, and dispute resolution.

Oversight alignment: Ensures agreements align with existing PSC rules and general orders, promoting regulatory compliance and consistency across contracts.

Contract length flexibility: By allowing terms longer than a year, the bill provides carriers and customers with longer-term planning and stability, while still subject to PSC governance.

Compliance burden: Carriers and customers must ensure agreements are properly written and conform to applicable PSC rules, which may require review of current contracts and potential updates to existing agreements.

If you’d like, I can provide a side-by-side comparison of the new requirements with the current (pre-SB 1059) practice, or a brief FAQ for carriers and customers outlining typical writing standards and governing rules.