Development

West Virginia needs to develop new housing and infrastructure, and industrial sites that can employ us into the future.

As we have seen in Jefferson County recently, government decisions about industrial development have tended to overvalue speculative promises about jobs and undervalue public concerns about air and water pollution and long-term community well-being.

West Virginia needs to develop new housing and infrastructure, and industrial sites that can employ us into the future. But these development decisions must be balanced and sensitive to their environmental consequences and to public health issues. Our government should not be permitted automatically to put public concerns about conservation in second place behind the quest for more jobs.

Our Development Platform

We support legislation that will require the DEP to hold an air quality permit public hearing for any large new industrial facility in the county where the facility is to be located.

We support requiring new heavy industrial facilities to be strictly located in special zones set aside by counties for such industry after public input, taking account of pre-existing land use, the location of other industry and infrastructure, environmental conditions, and the location of schools and cultural sites.      

2025 Development Bills – Coming Soon

SB 560

Allowing counties and municipalities to limit utility scale renewable energy facilities

This bill grants county commissions and municipalities the authority to regulate the location of large renewable energy facilities, specifically those with a production capacity of 5 megawatts or more.

Sponsors: Darren Thorne

CWV Position:

Status: Introduced on 2/20/25 and referred to Senate Committee on Economic Development; and then to Senate Committee on Finance.

SB 21

Assessing wildlife impact fee on wind power projects

This bill allows the Director of the Division of Natural Resources to assess a Wildlife Impact Fee on any operator of a wind power project that injures or kills a protected species of animal.

Sponsors: Randy Smith

CWV Position: Opposes

Status: Introduced on 2/12/25 and referred to Senate Committee on Natural Resources; and then to Senate Committee on Finance. The bill passed the Natural Resources Committee on 3/13/25 and was referred to the Finance Committee.

HB 2014

Certified Microgrid Program

This bill establishes the Certified Microgrid Program administered by the Division of Economic Development. (Similar to 818)

Sponsors: Roger Hanshaw

CWV Position: Opposes

Status: Introduced on 3/18/25; referred to the House Committee on Energy and Public Works. This bill passed the House on 4/1/25 and was referred to the Senate Committee on Economic Development. It passed out of committee on 4/8/25, passed out of the Senate on 4/11/25, and ultimately passed on the last day of session (4/12/25) after the House and Senate concurred with amendments.

SB 295

Clarifying non-agricultural status of solar farms

This bill aims to distinguish solar energy production from traditional agricultural practices for taxation and regulatory purposes.

Sponsors: Patricia Rucker

CWV Position:

Status: Introduced on 2/12/25 and referred to Senate Committee on Agriculture; and then to Senate Committee on Finance. The bill passed the Agriculture Committee on 3/13/25 and was referred to the Senate Committee on Finance.

SB 34

Creating Community Solar Pilot Program

This bill creates a community solar program where subscribers can purchase an interest in a solar facility and use credits against their electric utility costs, helping West Virginia ratepayers save money. The bill also gives the Public Service Commission authority over the administration and rule making of a pilot program.

Sponsors: Mike Oliverio

CWV Position: Supports

Status: Introduced on 2/12/25 and referred to Senate Committee on Energy, Industry, and Mining; and then to Senate Committee on Finance

HB 2418

Creating the WV Energy Efficiency Jobs Creation Act

This bill provides the Public Service Commission the authority to require electric utilities to develop and implement plans for the efficient use, conservation and reduction of electricity usage. The bill sets forth goals to achieve electricity savings. The bill also requires electric utilities to submit plans for reaching those goals. The bill also provides for a self-direct option for large electricity customers.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced 2/17/25 and referred to the House Committee on Energy and Public Works and then the House Committee on Judiciary.

SB539

Creating Wind Power Taxation Clarification Act

This bill repeals the state code related to taxation of wind power projects.

CWV Position: Opposes

Status: Introduced on 2/27/25 and referred to Senate Committee on Energy, Industry, and Mining.

HB 2471

Eliminate all state and county subsidies or tax breaks for solar compounds or wind compounds or other renewable energy corporations (FN)

This bill eliminates the tax credit for solar, wind, or other renewable energy systems for corporate or other establishments or entities.

Sponsors: Chris Anders

CWV Position: Opposes

Status: Introduced on 2/17/25 and referred to the House Committee on Energy and Public Work; and then the House Committee on Finance

HB 2568

Eliminate net metering in WV

This bill seek to eliminate net metering of public utilities in West Virginia.

CWV Position: Opposes

Status: Introduced on 2/18/25 and referred to the House Committee on Energy and Public Works.

SB 505

Ensuring Reliable and Affordable Electricity Act

The purpose of this bill is to protect ratepayers from paying for underperforming assets, particularly as the state transitions away from fossil fuel-based generation. The focus is on ensuring that new energy assets are reliable and cost-effective, especially during times of peak demand.

Sponsors: Patrick Martin

CWV Position: Opposes

Status: Introduced on 2/14/25 and referred to Senate Committee on Energy, Industry, and Mining; and then referred to Senate Committee on Government Organization. The bill second reference to Government Organization was dispensed with and the bill passed the Senate on 3/27/25.

HB 2419

Establishing a community solar program for subscribers to gain credits against their utility bills

This bill is establishes a community solar program that allows subscribers to purchase a share in a solar facility and apply credits to offset their electric utility costs. It also sets the parameters and conditions for the program and outlines the administration and rulemaking responsibilities of the Public Service Commission.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced on 2/17/25 and referred to the House Committee on Energy and Public Works then the House Committee on Judiciary.

SB 583

Establishing economic incentives for data centers to locate within state

This bill creates economic incentives for data centers to locate within the state and incentivizes the centers torely on locally sourced coal generated electricity. The bill also provides an exemption from the B&O tax for all coal-generated electricity sold to qualifying data centers and provides a sales tax exemption for all personal property sold to and used in the construction or maintenance of a qualifying data center.

Sponsors: Randy Smith

CWV Position: Opposes

Status: Introduced on 2/24/25 and referred to the Senate Committee on Economic Development; and then to Senate Committee on Finance]

HB 2128

Establishing reporting requirements for utilities that are members of a regional transmission organization

This bill requires that each public utility that is a member of a regional transmission organization submit information relating to the utility’s or an affiliate’s votes at a regional transmission organization meeting.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced on 2/12/25 and referred to House Committee on Energy and Public Works

SB 57

Establishing tax on production of electricity from wind and solar sources

This bill establishes a tax $3 tax per megawatt of electricity produced for sale or trade on the production of electricity from wind and solar resources in West Virginia. The tax collected will be distributed to the 55 counties based on the number of volunteer fire departments in compliance with the state's Open Checkbook policy. These funds are then allocated to the volunteer fire departments within each county.

CWV Position: Opposes

Status: Introduced on 2/12/25 and referred to Senate Committee on Energy, Industry, and Mining; and then referred to Senate Committee on Finance.

HB 2627

Natural Gas Electric Generation Development Act

This bill aims to promote the development, transportation, and use of electricity generated from West Virginia natural gas. It directs the West Virginia Economic Development Authority to identify and designate suitable sites for natural gas electric generation facilities and ensures timely consideration of permit applications for constructing and operating these facilities.

CWV Position: Opposes

Status: This bill was on 2/19/25 and was referred to the Committee on Energy and Public Works.

SB 271

Natural Resources Anti-Commandeering Act

This bill prohibits State agencies and employees from participating in the enforcement of federal acts, laws, or regulations regarding extractive resources (such as coal, oil, gas, and timber) unless those laws exist under state law.

Sponsors: Patrick Martin

CWV Position: Opposes

Status: Introduced on 2/12/25 and referred to Senate Committee on Energy, Industry, and Mining; and then to Senate Committee on Judiciary. The bill passed the Energy Committee on 3/11/25 and was referred to the Senate Judiciary Committee.

HB 3173

Placing a two year a cap on electrical utility rates

This bill aims to provide relief to West Virginia residents and businesses by temporarily capping electrical utility rates to prevent rapid increases.

Sponsors: Evan Hansen

CWV Position: Supports

Status: This bill was introduced on 3/6/25 and referred to the Energy and Public Works Committee.

SB 818

Power Generation and Consumption Act of 2025

This bill establishes the Certified Microgrid Program administered by the Division of Economic Development.

Sponsors: Randy Smith

CWV Position: Opposes

Status: Introduced on 3/18/25 and referred to the Senate Committee on Economic Development; and then to the Senate Committee on Finance.

HB 3011

Prohibit future wind power projects

This bill limits the pollution control facilities tax treatment and wind power projects to those projects fully operation before January 1, 2025.

CWV Position: Opposes

Status: Introduced on 2/27/25 and referred to House Energy and Public works committee.

HB 3048

Relating generally to coal fired energy plants and wind power

This bill aims to limit the number of permits issued for the construction of wind power plants, wind farms, or "windmills" for energy generation in West Virginia. It mandates that for every new wind-powered facility built in the state, there must be an offset in the taxes paid by both new and existing coal-fired power plants. Additionally, the bill seeks to ensure that coal continues to be the primary source of power in West Virginia during emergency weather events.

Sponsors: Phil Mallow

CWV Position: Opposes

Status: Introduced on 2/28/25; referred to the House Committee on Energy and Public Works then Finance.

HB 3025

Relating to a State Water Resources Management Plan

This bill sets reporting requirements for underground water extracted in growth counties. Further, it directs the Department of Environmental Protection (DEP) to oversee the development of a comprehensive water management plan, considering factors such as surface and groundwater resources, water withdrawals, and infrastructure needs. The bill also requires large water users to report their monthly water withdrawals annually to the DEP.

Sponsors: Joe Funkhouser

CWV Position: Supports

Status: Introduced 2/27/25; referred to the House Committee on Energy and Public Works

HB 2040

Relating to certified industrial business expansion development programs

This bill amends the Certified Industrial Business Expansion Development Program to remove the requirement that electricity provided to high impact industrial business development districts must be generated from renewable sources.

CWV Position: Opposes

Status: Introduced on 2/12/25 and referred to House Committee on Energy and Pubic Works

SB 502

Relating to counties' ability to regulate floodplains under National Flood Insurance Program guidelines

This bill gives county commissions authority over regulating floodplains under the National Flood Insurance Program (NFIP) regulations. Further, it restricts county commissions from adopting ordinances that prohibit the purchase of federally or state-registered pesticides, herbicides, or insecticides. It also prohibits county commissions from enacting regulations or ordinances that are stricter than state laws concerning agricultural operations.

Sponsors: Patricia Rucker

CWV Position:

Status: Introduced on 2/14/25 and referred to Senate committee on Government Organization.

HB 3137

Relating to establishing economic incentives for data centers to locate within the state

This bill is to provides economic incentives for data centers to establish operations within the state and boost the state's economy by utilizing locally sourced coal-generated electricity. The bill offers salvage value treatment for personal property used by eligible data centers, exempts coal-generated electricity sold to qualifying data centers from the B&O tax, and grants a sales tax exemption for personal property purchased for the construction or maintenance of qualifying data centers.

Sponsors: Marty Gearheart

CWV Position: Opposes

Status: Introduced 3/4/25; referred to the House Committee on Energy and Public Works then Finance

HB 2205

Relating to microreactor development

This bill expand's the Pubic Service Commission's jurisdiction to include advanced nuclear reactors.

CWV Position:

Status: Introduced on 2/14/25 and referred to House Committee on Energy and Manufacturing

HB 2713

Relating to Pollution Control Facilities Tax treatment and Wind Power Projects

This bill clarifies that a wind power project is not considered a pollution control facility and should be taxed as real property under §11-6A-1 et seq. of the code.

CWV Position: Opposes

Status: This bill was introduced on 2/20/25 referred to the House Committee on Energy and Public Works then the House Committee on Finance.

HB 2420

Relating to power generating plant sites

The purpose of this bill is to offer more opportunities for power generation and cost savings to electric utility consumers by introducing greater flexibility and diversity in the construction and financing of electric utility generation facilities.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced on 2/17/25 and referred to the Committee on Energy and Public Works and then to House Committee on Finance.

HB 2417

Relating to requiring disclosure of the lawful activity that is the basis of a permit application with the Department of Environmental Protection

This bill requires the disclosure of the lawful activity that is the basis of a permit application with the Department of Environmental Protection.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced on 2/17/25 and referred to the House Committee on Energy and Public Works.

HB 2192

Relating to restrictions on use or sale of motor vehicles based on power source

This bill prohibits state agencies and local government units from restricting the sale or use of motor vehicles based on the energy sources used to power the vehicles.

Sponsors: Gary Howell

CWV Position: Opposes

Status: Introduced on 2/12/25 and referred to House Committee on Local Governments

HB 2769

Relating to the members of the Public Service Commission

This bill aims to increase accountability and public involvement in the Public Service Commission by shifting from appointed to elected, non-partisan commissioners. It also allows citizens to initiate the removal of commissioners for malfeasance or conflicts of interest, provides reduced rates for qualifying low-income customers, and creates a more transparent and accessible method for consumers to engage in the utility ratemaking process.

CWV Position: Supports

Status: This bill was introduced 2/21/25 referred to the House Committee on Energy and Public Works then the Judiciary.

HB 3026

Relating to zoning ordinances and their effects

This bill relates to zoning ordinances and their effects; and defines the word "use" to mean "domestic use, farming, or activities on the land from where water was drawn, and not extraction for transport to another jurisdiction via bottling, storage, pipeline or otherwise.

Sponsors: Joe Funkhouser

CWV Position: Supports

Status: Introduced on 2/27/25; referred to the House Committee on Government Organization.

SB 711

Removing prohibition against establishing additional trail systems within state parks and state forests

This bill is removes the prohibition against establishing additional trail systems within state parks and state forests, opening up our state parks and forests to ATV/ORV use.

CWV Position: Opposes

Status: Introduced 3/6/25 and referred to the Senate Committee on Transportation and Infrastructure; and then to the Senate Committee on Natural Resources

HB 2555

Revising ethical standards for the public service commission

This bill enhances the transparency and accountability of the Public Service Commission by shifting the commissions focus towards ensuring affordable utility rates. Further, it directs the PSC to apply the State Code of Judicial Ethics to it's decision making process. The bill also mandates commissioners' annual financial statements be made available online and that they post a bond upon appointment.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced on 12/18 and referred to the House Committee on Energy and Public Works; and then the House Committee on Judiciary

HB 3021

Supporting Responsible Competition Between West Virginia Electrical Utilities

This bill promotes competition among electric service providers in West Virginia and to designate the Department of Commerce as the responsible agency for determining whether the state should implement a plan for competition.

CWV Position:

Status: Introduced on 2/27/25 and referred to House Energy and Public Works Committee

HB 3421

To secure West Virginia baseload coal generation and ratepayer protection

The purpose of this bill is to set operational capacity requirements for electric utility generators and units, require the maintenance of 45 days' worth of base fuel supply, list required actions for power-generating utilities, and actions required of the Public Service Commission.

CWV Position: Opposes

Status: Introduced on 3/17/25; referred to the House Committee on Energy and Public Works.

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