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SB 21 West Virginia Senate · 2025 Regular Session

Assessing wildlife impact fee on wind power projects

SB 21 requires operators of wind power projects in West Virginia to pay a wildlife impact fee if their wind turbines injure or kill protected birds (like eagles, hawks, and bats) or bats. The fee, paid to the Division of Natural Resources, funds the Wildlife Endowment Fund for conservation efforts such as habitat management and education. The bill explicitly states that such wildlife injuries or deaths do not constitute criminal violations under state law. It defines "wind turbine and tower and related components" broadly to cover all parts of wind projects posing collision risks to wildlife.
Issues: ✓ Budget & TaxesSupports Budget & TaxesImposes fee on wind operators to fund wildlife conservation, increasing government revenue for conservation programs via Wildlife Endowment Fund.90% confidence ✓ EnergySupports EnergyBill addresses wildlife impacts from wind energy (renewable) via fee funding conservation, clarifies non-criminal status, enabling sustainable wind project development without legal barriers.90% confidence ✓ EnvironmentSupports EnvironmentBill mandates wildlife impact fees from wind projects to fund conservation efforts (habitat management, education) via Wildlife Endowment Fund, directly advancing environmental protection.95% confidence
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 12, 2025 Last action Mar 13, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Committee Substitute · 5 edits
MODERATE
The bill was amended from an Introduced Version to a Committee Substitute version by expanding its scope to include bats and wild birds in addition to protected species, clarifying that wind turbine collisions are not criminal violations, and specifying that fees go to the Wildlife Endowment Fund rather than the License Fund. The amendment also updated the list of covered species and refined the definition of wind turbine components.
Scope change
Expanded from only 'protected species of animal' to explicitly include 'protected birds, wild birds, and bats', broadening the bill's applicability.
SCOPE

Expanded the scope of protected wildlife to include bats and wild birds in addition to previously listed species like eagles, ravens, hawks, owls, and woodcocks.

ENFORCEMENT

Added explicit language stating that injuries or deaths from wind turbine collisions do not constitute criminal violations, providing legal clarity and protection for operators.

FISCAL

Changed the destination of wildlife impact fees from the 'License Fund-Wildlife Resources' to the 'Wildlife Endowment Fund', altering how collected fees are utilized.

DEFINITION

Updated the definition of 'wind turbine and tower' to include 'related components' and refined the list of covered structures and parts.

REQUIREMENT

Added new subsection (d) specifying that fees must be deposited into the Wildlife Endowment Fund and used for replacement, habitat management, education, or enforcement programs.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
6
Key actions
1
Committee
4
Mar 13, 2025
Committee
To Finance
upper
Mar 13, 2025
Upper · Passed
Committee substitute reported, but first to Finance
upper
Feb 12, 2025
Committee
To Natural Resources
upper
Feb 12, 2025
Introduced
Introduced in Senate
upper
Feb 12, 2025
Committee
To Natural Resources then Finance
upper
0 primary · 4 co-sponsors

Sponsors

No sponsor information available.