Clean Air

Clean air is both a health issue and a political issue. Clean air is important for all of us, even those of us in perfect health. The elderly, children and those with chronic respiratory issues are especially at risk.

In West Virginia we are dependent on electric power generated by burning coal. Burning coal releases particulate matter and harmful gasses such as carbon dioxide and sulphur dioxide.

Conservation West Virginia advocates for a responsible shift from burning fossil fuels to renewable energy sources, and encouraging solar and wind industries to develop in our state.

Our Clean Air Platform

We support legislation that would require notice to be given to the public in multiple ways before any air quality permit is issued, including posting on the applicant’s website and the DEP’s website.

2026 Clean Air Bills

SB 15

Limiting Private Carbon Sequestration Programs

SB 15 is a bill introduced in the West Virginia Senate that amends state law to strengthen protections for coal, oil, gas, and other commercially valuable minerals when carbon capture and underground carbon dioxide (CO₂) sequestration or storage projects are proposed.

CWV Position: Opposes

Status: Introduced on 1/14/26; referred to House Energy and Public Works Committee 1/27/26.

SB 23

Changing Tax Rate on Windpower Projects from Pollution Control Rate to Real Estate Rate

SB 23 clarifies that wind power projects are not pollution control facilities for certain purposes under state tax law, and provides that such projects are to be taxed as real property rather than receiving pollution-control tax treatment.

CWV Position: Opposes

Status: Introduced on 1/14/26; referred to Energy, Industry, and Mining Committee on 1/14/26.

SB 24

West Virginia Intrastate Energy Use Act

SB 24 proposes to add a new section to the West Virginia Code to establish the West Virginia Intrastate Energy Use Act.

CWV Position: Opposes

Status: Introduced on 1/14/26; referred to Judiciary Committee on 1/14/26.

SB 25

West Virginia Coal Marketing Program

SB 25 is legislation to create the West Virginia Coal Marketing Program, a state-level program aimed at protecting and expanding coal markets and coal facilities and addressing economic impacts that communities have experienced or may experience due to changes in the coal industry.

CWV Position: Opposes

Status: Introduced on 1/14/26; referred to Finance Committee on 1/30/26.

SB 73

Clarifying Non-Agricultural Status of Solar Farms

SB 73 seeks to ensure that solar farms are treated as non-agricultural in state statutes governing property appraisal and agricultural classifications — which could affect valuation, taxation, and eligibility for certain agricultural programs or incentives.

CWV Position: No Position

Status: Introduced on 1/14/26; referred to Finance Committee on 2/05/26.

SB 82

Establishing Tax on Production of Electricity from Wind and Solar Sources

SB 82 seeks to create a new excise tax on the production of electricity from wind and solar power sources.

CWV Position: Opposes

Status: Introduced on 1/14/26; referred to Energy, Industry, and Mining Committee on 1/14/26.

SB 88

Relating to Community Air Monitoring Programs

SB 88 proposes to add a new section (§22-5-21) to the West Virginia Code regarding community air monitoring data programs.

Sponsors: Darren Thorne

CWV Position: Opposes

Status: Introduced on 1/14/26; referred to Government Organization Committee on 1/14/26.

SB 118

Establishment of Forest Carbon Registry

SB 118 requires landowners and forest carbon developers to register each carbon credit agreement and establishes civil penalties for noncompliance.

CWV Position: Opposes

Status: Introduced January 14, 2026; referred to the Committee on Energy, Industry, and Mining; and then to the Committee on Finance.

SB 229

Establishing Fueling Modern Life Act

SB 229 proposes to repeal most existing statutory provisions related to air pollution control in Chapter 22, Article 5 of the West Virginia Code and replace them with a new framework called the Fueling Modern Life Act. SB 229 seeks to shift West Virginia’s air quality and carbon policy toward recognizing and promoting CO₂ and carbon-based energy, rather than regulating emissions under traditional pollution control frameworks.

CWV Position: Opposes

Status: Introduced on 1/14/26; referred to Natural Resources Committee on 1/14/26.

SB 230

Requiring Electric Utility Meter Choice

SB 230 would add a new article to the West Virginia Code requiring electric utilities to offer customers a choice in the type of electrical meter installed at their property.

CWV Position: Opposes

Status: Introduced on 1/14/26; referred to Energy, Industry, and Mining Committee 1/14/26.

HB 4035

Coal Utility Tax Credit for Environmental Compliance Costs

HB 4035 would give coal-fired electric utilities a tax credit for environmental compliance costs.

Sponsors: Phil Mallow

CWV Position: Opposes

Status: Introduced January 14, 2026; referred to the Committee on Energy and Public Works then Finance.

HB 4038

Clean Coal Technology Act

HB 4038 amends the WV Clean Coal Technology Act to recognize coal as the only reliable source for electric power generation, limits the number of wind power projects that can operate in the state, and provides that for each new wind powered facility built in West Virginia, there is an offset in the amount of taxes paid by new and existing coal fired power plant.

Sponsors: Phil Mallow

CWV Position: Opposes

Status: Introduced January 14, 2026; referred to the Committee on Energy and Public Works then Finance

HB 4107

Requiring Disclosure of Lawful Purpose Behind DEP Permit Application

HB 4107 requires applicants to DEP for air or water permits to state lawful business activity or purpose for the permit applied for.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced January 14, 2026; referred to the Committee on the Judiciary.

HB 4109

Removing Cap on Number of Wells Subject to Annual Oversight Fee

HB 4109 removes the 400-well cap and makes the operator responsible on all their wells. Gas and oil drillers are responsible for a $350 fee on their first 400 wells that are not capped.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced January 14, 2026; referred to the Committee on Energy and Public Works.

HB 4110

West Virginia Energy Efficiency Jobs Creation Act

Creates a statewide energy efficiency program designed to reduce energy waste, lower utility costs, and support job creation by encouraging energy efficiency investments in homes, businesses, and public buildings across West Virginia.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced January 14, 2026; referred to the Committee on Energy and Public Works

HB 4111

Community Solar Program

HB 4111 establishing a community solar program for subscribers to gain credits against their utility bills.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced January 14, 2026; referred to the Committee on Energy and Public Works then Finance.

HB 4127

Repealing Higher Registration Fees for Alternative Fuel Vehicles

HB 4127 repeals higher registration fees for alternative fuel vehicles.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced January 14, 2026; referred to the Committee on Finance

HB 4194

Community Air Monitoring Program

HB 4197 permits the West Virginia Department of Environmental Protection to install and monitor air quality using fenceline monitors near facilities that emit air pollution, provide technical assistance to individuals and groups that wish to monitor the air quality in their communities, encourage the Department of Environmental Protection to use the collected data; permit individuals to submit the data collected regarding air pollution to the secretary, and enable the secretary to follow up on any data found from fenceline air quality monitoring

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced January 14, 2026; referred to the Committee on Energy and Public Works

HB 4556

Eliminate Net Metering

HB 4556 would eliminate net metering for public utilities in West Virginia by repealing the state law section that currently establishes net-metering and interconnection standards making it harder for residents, businesses, and communities to invest in distributed solar and other clean energy, while slowing progress on clean air, climate resilience, and energy affordability.

Sponsors: Patrick Martin

CWV Position: Opposes

Status: Introduced on 1/19/26; referred to House Energy and Public Works Committee on 1/20/26.

HB 4805

Environmental Cleanup at Crash Sites

HB 4805 proposes adding a new section (§17C-4-18) to the West Virginia Code that establishes procedures for environmental cleanup following motor vehicle crashes or other environmental hazards.

CWV Position: Supports

Status: Introduced on 1/26/26; referred to House Energy and Public Works Committee on 1/26/26.

HB 4832

Protecting State Groundwater Resources

HB 4832 requires high-impact data centers to report and obtain approval for water use, authorizes DEP to restrict withdrawals to protect state water resources, and mandates public notice and hearings before approval.

CWV Position: Supports

Status: Introduced on 1/26/26; referred to House Energy and Public Works Committee on 1/26/26.

HB 4838

Increasing Registration Fees for Alternative Fuel Vehicles

HB 4838 would amend § 17A-10-3c of the West Virginia Code to raise additional annual registration fees for alternative fuel vehicles.

Sponsors: William Ridenour

CWV Position: Opposes

Status: Introduced on 1/27/26; referred to House Finance Committee on 1/27/26.

HB 5039

Fueling Modern Life Act

HB 5039 would abolish the existing air pollution control provisions in §22-5-1 et seq. of the West Virginia Code and replace them with a new policy framework focused on carbon dioxide (CO₂).

CWV Position: Opposes

Status: Introduced on 2/2/26; referred to House Energy and Public Works Committee on 2/2/26.