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.      

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.

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.

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.

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 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.

Crossed Over

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.

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.

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.

PASSED

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.

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.

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.

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.

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.

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.

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.

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.

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).

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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