SB 1040 West Virginia Senate · 2026 Regular Session

Creating WV Energy Freedom Act

SB 1040, the West Virginia Energy Freedom Act, removes the requirement for certain non-utility power generators to obtain a "certificate of public convenience and necessity" before building or operating facilities. It directly affects solar, wind, and other non-utility electric generation projects, requiring them instead to register with the Public Service Commission and comply with environmental, zoning, and grid interconnection rules. The bill streamlines approvals by waiving the certificate process for projects reviewed and approved by the Infrastructure and Jobs Development Council. It also exempts intermittent power sources (like solar and wind) from the certificate requirement, shifting oversight to registration and standard grid connection protocols.
Bill status introduced 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 21, 2026 Last action Feb 21, 2026
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Feb 21, 2026
Introduced
Introduced in Senate
upper
1 primary · 4 co-sponsors

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