SB 23 West Virginia Senate · 2026 Regular Session

Relating to taxation of wind power projects

Senate Bill 23 (SB 23) clarifies that wind power projects in West Virginia are not classified as "pollution control facilities" for tax purposes and instead must be taxed as real property. This change directly affects wind energy developers and local tax assessors, as it removes the previous allowance for wind turbines and towers to be treated as personal property with reduced valuation. The bill specifies that wind turbines and their towers (including foundations) will be taxed as real property if permanently affixed to the ground, ending prior tax treatment that allowed them to be considered pollution control facilities. This adjustment aligns wind power projects with standard real property taxation, eliminating a prior distinction that impacted how these facilities were valued for local taxes.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 14, 2026 Last action Feb 23, 2026
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What changed between versions

Introduced Version Committee Substitute · 4 edits
MODERATE
The bill was updated from an Introduced Version to a Committee Substitute, adding new sponsors and changing the session details. The core policy text was modified to clarify that wind turbines and towers are real property for taxation purposes once installed, while simultaneously stating that the specific definition of 'wind turbine and tower' is not a pollution control facility. This change aims to resolve a potential legal conflict by ensuring wind projects are taxed as real property and are exempt from pollution control facility rules.
Scope change
The bill's scope remains focused on wind power projects in West Virginia, but the applicability of tax classification was refined to explicitly separate the physical equipment from pollution control facility definitions.
DEFINITION

Added language clarifying that the specific definition of 'wind turbine and tower' is not considered a pollution control facility.

Updated the bill title and description to broaden the scope from just 'pollution control facilities tax treatment' to 'tax treatment of certain power projects'.

ELIGIBILITY

Added new sponsors (Senators Phillips, Roberts, Thorne, and Hart) to the bill.

TIMELINE

Changed the bill status from 'Introduced' on January 14 to 'Reported' on February 23 from the Energy, Industry, and Mining Committee.

Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
6
Key actions
0
Committee
2
Feb 23, 2026
Committee
To Finance
upper
Feb 23, 2026
Committee
Committee substitute reported, but first to Finance
upper
Jan 14, 2026
Introduced
Introduced in Senate
upper
1 primary · 5 co-sponsors

Sponsors