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.
2026 Development 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.
Sponsors: Chris Rose, Chris Phillips
CWV Position: Opposes
Status: Introduced on 1/14/26; referred to House Energy and Public Works Committee 1/27/26.
SB 20
Stable Energy Rates Protection Act
SB 20 aims to restrict the inclusion of wind and solar-related costs in future utility rate increases, shifting how energy project costs factor into ratemaking. It also establishes reporting requirements to monitor impact on rates and reliability.
Sponsors: Chris Rose, Chris Phillips, Laura Chapman
CWV Position: Opposes
Status: Introduced on 1/14/26; referred to Government Organization Committee 1/30/26.
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.
Sponsors: Chris Rose, Chris Phillips, Darren Thorne
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.
Sponsors: Patricia Rucker, Chris Rose, Darren Thorne, Tom Willis
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.
Sponsors: Chris Phillips, Chris Rose, Darren Thorne
CWV Position: Opposes
Status: Introduced on 1/14/26; referred to Energy, Industry, and Mining 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.
SB 390
Altering Conditions for Flood Resiliency Disbursements
SB 390 seeks to alter the conditions for how funds from the West Virginia Flood Resiliency Trust Fund are disbursed by modernizing and improving how flood resiliency funding is deployed across West Virginia, including prioritizing vulnerable communities and proactive mitigation actions in response to recent and future flood risks.
Sponsors: Randy Smith
CWV Position: Opposes
Status: Introduced on 1/15/26; referred to House Government Organization Committee 1/30/26.
SB 420
West Virginia First Energy Act
SB 420's goals are to: 1) Restore electric rate stability by prioritizing in-state coal and natural-gas generation. 2) Preserve employment and investment in West Virginia’s coal and natural-gas industries. 3) Coordinate with the Electric Grid Stabilization and Security Fund to maintain reliable baseload and mid-load generation.
Sponsors: Mike Azinger
CWV Position: Opposes
Status: Introduced on 1/15/26; referred to Energy, Industry, and Mining Committee 1/15/26. Passed Senate on 3/4/26; referred to House Energy and Public Works Committee on 3/5/26.
SB 423
Creating Public Electrical Savings Act
SB 423 proposes changes related to public power purchase agreements and the Public Service Commission’s jurisdiction.
Sponsors: Chris Phillips, Tom Willis
CWV Position: Opposes
Status: Introduced on 1/15/26; referred to Judiciary Committee on 1/15/26.
SB 424
Establishing Affordable Electricity and Economic Growth Act of 2026
SB 424 proposes to amend existing state law to establish the Affordable Electricity and Economic Growth Act of 2026.
Sponsors: Chris Phillips, Chris Rose, Tom Willis
CWV Position: Opposes
Status: Introduced on 1/15/26; referred to Finance Committee on 1/30/26.
SB 469
Requiring Dredging of Flood Prone Waterways
SB 469 would require the West Virginia Department of Highways, under the direction of the Department of Environmental Protection (DEP), to dredge and clear waterways that are prone to flooding.
Sponsors: Laura Chapman
CWV Position: No Position
Status: Introduced on 1/16/26; referred to Natural Resources Committee 1/16/26.
SB 623
Creating Economic Incentives for Data Centers
SB 623 is a piece of legislation aimed at attracting large data centers to the state by offering targeted economic incentives, particularly tying those incentives to the use of coal-generated electricity and other taxable benefits.
CWV Position: Opposes
Status: Introduced on 1/27/26; referred to Economic Development Committee on 1/27/26.
SB 648
Strategic and Critical Resources Act
SB 648 proposes a new state law called the Strategic and Critical Resources Act. Its main purpose is to set statewide rules for the extraction and regulation of strategic and critical resources—important minerals and materials related to national security, energy reliability, infrastructure, and economic stability.
Sponsors: Robbie Morris, Ben Queen, Chris Rose, Patricia Rucker, Darren Thorne, Chris Phillips, Randy Smith
CWV Position: Opposes
Status: Introduced on 1/28/26; referred to the Judiciary Committee on 1/28/26. Passed the Senate on 2/18/26; referred to House Energy and Public Works Committee on 2/20/26. Passed the House on 3/13/26; sent to Governor on 3/14/26.
SB 658
Certified Microgrids and Data Centers
SB 658 is an economic development bill focused on data centers and microgrid projects — not veterans’ benefits.
CWV Position: Supports
Status: Introduced on 1/29/26; referred to Economic Development Committee on 1/29/26.
SB 708
River Access and Bridge Modernization Act
SB 708 proposes to add a new article to West Virginia Code focused on improving public river access and safety in connection with bridge projects and hazardous river locations. The aim is to provide a structured framework for evaluating, creating, and maintaining safe river access while emphasizing public safety and minimizing impacts on private property rights.
Sponsors: Mike Oliverio
CWV Position: Supports
Status: Introduced on 2/2/26; referred to Natural Resources Committee on 2/2/26.
SB 711
Protection of Property from Highway Construction Drainage
SB 711 relates to highway drainage and protection of private property from concentrated highway runoff.
Sponsors: Robbie Morris
CWV Position: Supports
Status: Introduced on 2/2/26; referred to Transportation and Infrastructure Committee on 2/2/26.
SB 790
Comprehensive Energy Policy and Development Plan
SB 790 would revise West Virginia’s energy policy framework by restructuring energy-related agencies and establishing a comprehensive statewide energy plan under the West Virginia Office of Energy.
Sponsors: Randy Smith
CWV Position: Opposes
Status: Introduced on 2/6/26; referred to Energy, Industry, and Mining Committee on 2/6/26.
SB 942
Advanced Baseload Energy Development Act
SB 942 primary purpose is to establish a new framework to encourage development of advanced-baseload energy projects in the state.
Sponsors: Glenn Jeffries
CWV Position: No Position
Status: Introduced on 2/13/26; referred to Energy, Industry, and Mining Committee on 2/13/26.
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 4120
Energy Site Reclamation Waiver
HB 4120 streamlines the process of transferring former surface mine sites into productive sites for new energy generation projects arid to optimize the flat land for energy projects that is otherwise in short supply in the state of West Virginia.
Sponsors: Bob Fehrenbacher
CWV Position:
HB 4120 primarily addresses administrative flexibility in reclamation requirements without clearly strengthening or weakening environmental protections, and its impacts depend heavily on how waivers are applied in practice.
Status: Introduced January 14, 2026; referred to the Committee on Energy and Public Works.
HB 4509
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
CWV Position: Supports
Status: Introduced January 19, 2026; referred to the Committee on Energy and Public Works then the Judiciary
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 4683
Protecting Groundwater from Data Center Abuse and Other Threats
HB 4683 establishes new protections for groundwater, aquifers, and private wells, recognizing them as finite and essential resources. The bill specifically aims to prevent depletion of groundwater by data centers and ensure industrial development doesn’t compromise water resources or burden the public.
Sponsors: Chris Anders, Laura Kimble, Larry Kump
CWV Position: Supports
Status: Introduced on 1/21/26; referred to House Energy and Public Works on 1/21/26.
HB 4684
Eliminate Tax Subsidies for Wind and Solar
HB 4684 proposes changes to West Virginia tax law related to renewable energy systems — specifically eliminating certain tax incentives and imposing restrictions on installations by corporations and other non-individual entities.
Sponsors: Chris Anders, Lisa White, Laura Kimble, Larry Kump
CWV Position: Opposes
Status: Introduced on 1/21/26; referred to House Energy and Public Works Committee on 1/21/26.
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.
Sponsors: Evan Hansen, John Williams, Sean Hornbuckle, Shawn Fluharty
CWV Position: Supports
Status: Introduced on 1/26/26; referred to House Energy and Public Works Committee on 1/26/26.
HB 5414
New Oil & Gas Well Plugging Assurance
HB 5414 is designed to prevent new oil and gas wells — especially horizontal wells — from becoming orphaned and left unplugged, which can harm landowners, property values, groundwater, and the environment.
Sponsors: Evan Hansen, Mickey Petitto
CWV Position: Supports
Status: Introduced on 2/10/26; referred to House Energy and Public Works Committee on 2/10/26.
HB 5415
New and Existing Orphan Well Prevention Act
HB 5415 aims to prevent oil and gas wells from becoming “orphaned” — meaning wells left without a responsible operator or bonding to ensure they are properly plugged and reclaimed — and to require financial assurances so that wells are eventually plugged and don’t pose environmental or property risks.
Sponsors: Evan Hansen, Mickey Petitto
CWV Position: Supports
Status: Introduced on 2/10/26; referred to House Energy and Public Works Committee on 2/10/26.
HB 5439
Pollinator Planting Program
HB 5439 is designed to create a new statutory program focused on pollinators.
CWV Position: Supports
Status: Introduced on 2/11/26; referred to House Government Organization Committee on 2/11/26.
HB 5474
Gateway to the Gorge Outdoor Recreation Industry Act
HB 5474 would create a new tax incentive program to promote growth in the outdoor recreation economy along the corridor between Charleston and the New River Gorge. Its stated goals include economic diversification, job creation, and attracting remote workers and businesses tied to outdoor recreation.
Sponsors: Gary Howell
CWV Position: Supports
Status: Introduced on 2/12/26; referred to House Government Organization Committee on 2/12/26.
HB 5590
Regulating Data Center Groundwater Use
HB 5590 would add a new section to the West Virginia Code concerning water quantity disclosure and review for certified high-impact data centers.
CWV Position: Supports
Status: Introduced on 2/16/26; referred to House Energy and Public Works Committee on 2/16/26.
HB 5611
Restoring Local Control Over Data Centers
HB 5611 amends and reenacts § 5B-2-21b of the West Virginia Code to clarify how high-impact data centers and microgrid district projects are managed—especially in counties with majority karst hydrogeology (areas with soluble rock where groundwater concerns are significant).
Sponsors: Joe Funkhouser, William Ridenour
CWV Position: Supports
Status: Introduced on 2/16/26; referred to House Energy and Public Works Committee on 2/16/26.
HB 5620
Restoring Local Control Over Data Centers
HB 5620 would amend § 5B-2-21b of the West Virginia Code, dealing with the Department of Economic Development’s authority regarding “certified microgrid district” and “certified high impact data center” projects.
Sponsors: Laura Kimble
CWV Position: Supports
Status: Introduced on 2/16/26; referred to House Judiciary Committee on 2/16/26.
HB 5646
Jumpstart Flood Resiliency
HB 5646 stated purpose is to “jumpstart” the State Resiliency and Flood Protection Act by providing funding and structure so that the Resiliency Office can begin assisting flood-prone areas in undertaking preventive and protective actions.
CWV Position: No Position
Status: Introduced on 2/17/26; referred to House Government Organization Committee on 2/17/26.
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