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

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

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

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 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.

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.

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.

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 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 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

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

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