This bill reduces the severance tax rate on metallurgical coal produced in West Virginia, affecting coal mining companies that extract this type of coal. The new rates will take effect in stages starting July 1, 2026, lowering the tax from 5% to 4.5% for the first year, then to 4% the following year, and finally to 3.5% beginning July 1, 2028. Metallurgical coal is defined as coal used for making steel and other metals, distinct from thermal coal used for electricity generation. The tax reduction applies to the gross value of coal produced and includes additional local taxes that are normally part of the total severance tax.
This bill asks the Joint Committee on Government and Finance to study whether energy recovery and micro-hydropower technologies could be used in West Virginia's public water systems. The study would examine specific locations like pressure valves and discharge points where excess water energy is currently wasted, and evaluate technologies that could generate electricity without major construction or environmental harm. The committee would also analyze potential cost savings, review available funding sources, and consider regulatory requirements for such installations. If the study finds these technologies feasible, the committee would provide recommendations to the Legislature by December 1, 2026, to help reduce water system operating costs and potentially lower water rates for residents.
SB 790 reorganizes West Virginia's energy governance by transferring the Office of Coalfield Community Development into the Office of Energy and creating a new Comprehensive Energy Policy and Development Plan. It requires the Office to develop a long-term strategy covering coal, natural gas, nuclear, hydropower, hydrogen, and geothermal energy sources, including annual reports and stakeholder meetings. The bill grants the Office new authority to approve power plant decommissioning, designate energy-ready communities, and establish site criteria for energy projects. This directly affects the Office of Energy's operations and state energy planning processes, eliminating outdated programs like the Coal Fired Grid Stabilization Act.
HB 5262 provides a tax credit for commercial building owners in West Virginia who pay for renovations to achieve certification under the U.S. Green Building Council's LEED system or the Green Globes Building Initiative. The credit equals the actual cost of renovations and improvements needed for certification, minus any reimbursements received. Eligible taxpayers (commercial building owners) can apply this credit against corporation net income tax, business franchise tax, or personal income tax, with unused portions carryable for up to three years. This policy directly supports commercial property owners seeking to adopt sustainable building practices through financial incentives.
HB 5039, titled "Fueling Modern Life," repeals all existing West Virginia air pollution control statutes (§22-5-1 through §22-5-20) and replaces them with a new policy declaring carbon dioxide (CO₂) a "foundational nutrient" necessary for life, not a pollutant. The bill mandates that West Virginia will not treat CO₂ as a pollutant, reject "net-zero" emission targets, and actively support carbon-based fuels like coal, oil, and natural gas. This directly affects all entities regulated under air pollution laws, including power plants and industrial facilities, by eliminating CO₂ emission requirements. The legislation shifts state policy to prioritize fossil fuel use for economic development while asserting CO₂ levels are beneficial and historically low.
HB 5069 requires new wind energy projects in West Virginia to maintain minimum distances from residences, property lines, and certain infrastructure. Specifically, wind turbines must be placed at least 1.5 times their total height (tower, turbine, blades) from residences and 1.1 times their height from property lines or paved public roads/transmission lines (115kV+). Property owners can opt out of these setbacks by signing a written waiver. The bill applies only to new siting certificate applications after its effective date, directly affecting wind developers and nearby landowners.
HB 5399 creates a 10% state tax credit against West Virginia's corporate net income tax for businesses that earn federal carbon sequestration credits (under IRS §45Q) for biochar manufacturing. The credit applies only to new biochar facilities operating in West Virginia after July 1, 2025, and matches the amount of the federal credit earned. It limits the credit to 50% of a business's annual tax liability and allows unused credits to carry forward (but not back before 2026). This directly affects businesses establishing qualifying biochar facilities, aligning state incentives with federal climate-focused manufacturing credits.
This is a non-binding House Resolution (HR 15), not a bill with legislative effect. It expresses the West Virginia House of Delegates' support for extending Interstate 68 from Morgantown, West Virginia, to Kent, West Virginia, then crossing into Ohio toward I-77 and I-75. The resolution urges federal, state, and local government bodies to secure funding for this corridor, which is framed as a project to boost economic growth and job creation in the Shale Crescent energy manufacturing region. It does not create new laws, funding, or requirements.
HB 5539 would allow West Virginia employers (both public and private) to give hiring preference to unemployed coal miners who meet specific criteria. To qualify, a miner must have worked in coal mining for at least five years, been unemployed as a coal miner for over one year, not be retired, and not have been fired for cause (like safety violations). Employers could prioritize these miners only if they meet all job-specific knowledge, skills, and eligibility requirements. The bill aims to support coal miners displaced by industry changes by creating a legal pathway for targeted hiring. This is a proposed policy change, not yet enacted.
HB 5038, the Affordable Electricity and Economic Growth Act of 2026, directs West Virginia's Department of Economic Development to identify suitable sites for coal-fired electricity generation and coke production facilities near coal deposits, transmission infrastructure, and steel manufacturing locations. It requires state agencies to streamline regulations and review existing rules to reduce delays for projects using locally mined coal. The bill aims to support economic development by making it easier to build facilities that produce electricity and coke (used in steelmaking) within the state. This directly affects coal producers, steel manufacturers, and state regulatory agencies responsible for permitting and oversight.
