Restoring Local Control of Microgrids and Data Centers

HB 4509 restores local control and legal jurisdiction by County Commissions and municipalities of siting, construction and operation of microgrids and data centers.

Sponsors: Evan Hansen, Shawn Fluharty

ISSUES: Development, Land & Wildlife

CWV Position: Supports

Position Statement: HB 4509 supports local control, environmental stewardship, and responsible infrastructure development, making it a good fit with CWV’s mission to protect West Virginia’s water, land, and communities.

• Protects local water resources: Data centers and microgrids can place significant demands on water for cooling and operations. Restoring local authority helps ensure these impacts are evaluated and managed responsibly.

• Respects community decision-making: Local governments are best positioned to assess whether large energy or data facilities fit with local land use plans, infrastructure capacity, and environmental conditions.

• Prevents one-size-fits-all siting decisions: HB 4509 avoids state-level preemption that can override legitimate local concerns about water supply, wastewater, energy demand, and environmental impacts.

• Supports sustainable development: Allowing local review encourages smarter siting and design of microgrids and data centers that align with conservation goals rather than undermining them.

• Aligns with CWV’s governance principles: Strong environmental outcomes depend on transparency, accountability, and meaningful local participation.

Status: Introduced January 19, 2026; referred to the Committee on Energy and Public Works then the Judiciary