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.      

2024 Development Bills

HB 4652

Natural Gas Fired Electric Generation Act of 2024

The purpose of this bill is to encourage development, transportation and use of electricity generated using West Virginia natural gas by directing the West Virginia Economic Development Authority to identify and designate sites suitable for natural gas electric generation facilities and by providing for expedited consideration and decision concerning applications for permits to construct and operate natural gas electric generation facilities.

CWV Position: Opposes

Status: Introduced 1/12/2024; referred to; referred to Energy and Manufacturing, then Government Organization

HB 4656

PSC Jurisdiction Over Advanced Nuclear Microreactors

The purpose of this bill is to expand the jurisdiction of the Public Service Commission to include advanced nuclear reactors, and to direct that agency to adopt regulations for the construction, operation and retirement of such reactors.

CWV Position: Supports

Status: Introduced 1/12/2024; referred to; referred to Energy and Manufacturing

HB 4712

Limiting Wind Power Projects

This bill would limit the number of wind power projects approved in the state each year to two and allow a 5% reduction in coal severance tax for each such project approved.

Sponsors: Phil Mallow

CWV Position: Opposes

Status: Introduced 1/15/2024; referred to Energy and Manufacturing, then Finance

HB 4784

Residential Set Backs for New Wind Turbines

The bill prohibits new wind turbines within two miles of any residence.

Sponsors: Phil Mallow, Larry Kump

CWV Position:

Status: Introduced 1/16/2024; referred to Energy and Manufacturing, then Judiciary

HB 4968

Regulating Radioactive Material

Among other things, this bill would make WV an "agreement state" for uniformity of rules relating to radioactive material with the federal NRC and other states; it would make the DEP the designated state radiation control agency; it would require a license for any handling or manufacture of radioactive material and would forbid the disposal of such material into landfills.

CWV Position: Supports

Status: Introduced 1/122/2024; referred to Energy and Manufacturing

HB 5047

Amending Surface Mining Reclamation Requirements

This bill would assure that bonding and reclamation requirements are adequate to assure that post mining reclamation is completed and paid for by coal mining operators and does not become a financial liability to state taxpayers; revising bonding requirements to require the bond be set for actual reclamation costs; forbidding the issuance of new permits to operators who have not fulfilled prior reclamation obligations.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced 1/23/2024; referred to Energy and Manufacturing, then Finance

HB 5416

Use of Degraded Land for Solar Panel Location

This bill seeks creates a tax incentive for power generation companies to locate solar power facilities on degraded mine and industrial land instead of farm land.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced 2/1/2024; referred to Energy and Manufacturing, then Finance

HB 5528

Renewable Energy Facilities Program

Raising the incremental increases in size of renewable energy facilities from 50 to 100 megawatts, and eliminating the 2025 sunset provision.

CWV Position: Supports

Status: Introduced 2/8/2024; referred to Energy and Manufacturing; passed House 2/19/24; passed Senate 3/7/24; vetoed by Governor

HB 5626

Community Solar Pilot Program

Creates a community solar pilot program allowing participation by low-income and other consumers in the benefits of solar power although individually unable to mount solar panels at their home or business. Requires bill credit to be given to subscribing consumers for their share of solar power generated. Encourages location of community solar facilities on otherwise unfavorable land or in areas where it can be co-located with agriculture.

CWV Position: Supports

Status: Introduced 2/12/2024, referred to Energy & Manufacturing, then Judiciary

SB 171

Restricting County Commissions Regulating Certain Agricultural Practices

This bill would prohibit county commissions from passing ordinances regulating agriculture that are broader or more strict than state standard, and would forbid county commissions from regulating the location and use of pesticides licensed under state or federal law.

CWV Position: Opposes

Status: Introduced 1/10/2024, passed Senate same day and referred to House; passed House 2/13/24; signed by Governor 2/26/24

SB 196

West Virginia Rail Trails Program

This bill would direct a division of the Department of Transportation to acquire active or inactive rail corridors for the use of non-motorized trails for hiking, biking and equestrian use. Electric bicycles would be permitted.

Sponsors: Charles Trump

CWV Position: Supports

Status: Introduced 1/10/2024, referred to Outdoor Recreation, then Judiciary

SB 478

Energy Intensive Industry Tax Credit

The bill seeks to induce businesses that consume large amount of energy to locate in West Virginia by offering a tax credit in exchange for the promise of creating 25 jobs.

CWV Position: Opposes

Status: Introduced 1/17/2024; referred to Finance

SB 512

Taxation of Solar Farms

Establishing for tax purposes that the business of farming does not include the development, operation or ownership of a solar farm unless the solar arrays are elevated such that pasture animals may graze underneath.

Sponsors: Patricia Rucker

CWV Position:

Status: Introduced 1/10/2024, referred to Agriculture and Natural Resources, then Finance

SB 638

Community Solar Pilot Program

Creates a community solar pilot program allowing participation by low-income and other consumers in the benefits of solar power although individually unable to mount solar panels at their home or business. Requires bill credit to be given to subscribing consumers for their share of solar power generated. Encourages location of community solar facilities on otherwise unfavorable land or in areas where it can be co-located with agriculture.

Sponsors: Mike Oliverio

CWV Position: Supports

Status: Introduced 2/5/2024, referred to Economic Development, then Finance

SB 822

Carbon Offset Agreement

Strongly disfavors carbon offset agreements by removing them from favorable tax treatment as managed timberlands, requiring the purchaser to register and pay an excise tax of as much as 50% of the value of the agreement to the landowner, and declaring it West Virginia public policy to void the restrictions on future timbering in private covenants, thereby jeopardizing conservation easements.

CWV Position: Opposes

Status: Introduced 2/16/24, referred to Finance; committee substitute 2/26/24; read third time 2/28/24; removed from calendar by Rules Committee 2/28/24

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