Relating to authorizing the Public Service Commission to promulgate a legislative rule relating to the occupancy of customer-provided conduit.

2026 Regular Session Introduced by Doug Smith

Authorizes the PSC to promulgate the legislative rule 150 C.S.R. 37 on occupancy of customer-provided conduit.

To House Judiciary

#legislature--rulemaking

Summary of HB 4318 (2026, West Virginia)

Purpose and intent

This bill authorizes the Public Service Commission (PSC) to promulgate a legislative rule concerning the occupancy of customer-provided conduit. In other words, it empowers the PSC to establish regulatory rules about how customers’ own conduit (cables, ducts, or similar infrastructure) located on PSC-controlled or PSC-relevant premises may be used or occupied.

Key provisions

Adds authority to §64-9-1, enabling the PSC to promulgate a legislative rule related to the occupancy of customer-provided conduit.

References the PSC’s existing rulemaking framework: the rule has already been filed in the State Register (March 12, 2025) under the authority of §24-2E-3. HB 4318 formalizes and clarifies that authority within state law.

The specific rule cited is 150 C.S.R. 37, titled “The occupancy of customer-provided conduit,” indicating the rule’s subject matter and its codified existence prior to or concurrent with this bill.

The bill does not itself change the text of the rule but authorizes the PSC to promulgate it by legislative rule as part of the agency’s regulatory authority.

Who/what is affected

Affects the Public Service Commission as the regulator authorized to establish occupancy rules for customer-provided conduit.

Potentially impacts utility customers, communications service providers, building owners, landlords, and any parties that have or plan to install or occupy conduit on PSC-regulated rights-of-way or associated facilities.

Applies to areas where the PSC exercises authority over telecommunications or utility conduits and infrastructure.

Procedural and timeline aspects

Introduced January 14, 2026, referred to the House Government Organization committee, then to the Judiciary committee.

Committee actions show the bill progressed with a “Do pass” recommendation on January 30, 2026, and was sent to the House Judiciary.

The legislative action references an existing rule filed March 12, 2025, indicating ongoing regulatory development and alignment between agency rulemaking and statutory authorization.

The bill’s effect is procedural: it grants explicit statutory authorization for the PSC to promulgate the referenced legislative rule, thereby enabling formal regulatory implementation and enforcement.

Notes

The action history indicates a sponsor (Delegate D. Smith) and a co-sponsor, with the bill focusing on codifying the PSC’s rulemaking power rather than altering substantive duties beyond enabling the specific rule on conduit occupancy.

The formal rule, 150 CSR 37, is central to the bill’s subject matter and is the practical regulatory framework anticipated to govern occupancy of customer-provided conduit following adoption.