SB 893 creates a state tax credit equal to 10% of the federal carbon storage credit (under IRS Section 45Q) earned by businesses operating new biochar manufacturing facilities in West Virginia that began operations after July 1, 2025. It directly affects eligible businesses that qualify for the federal credit, allowing them to reduce their state corporation income tax by up to 50% of their tax liability for the year. The credit lasts up to 12 years and requires verification through IRS certification and documentation proving biochar production occurred in the state. Businesses must submit federal tax return copies and evidence of carbon sequestration meeting nationally recognized standards to claim the credit.
SB 935 repeals a tax exemption for certain coal-fired power plants in West Virginia, directly affecting owners/operators of coal plants operational before January 1, 1995. The bill reduces the taxable generating capacity for these plants to 45% of their official capability (instead of 100%) for tax years starting July 1, 2021, but requires plants to remain operational until at least July 1, 2025, to qualify. If such plants close before July 1, 2025, owners must repay tax savings through a recapture tax, though federal mandates exempting closures avoid this requirement. The law applies specifically to "merchant power plants" (independent generators) and modifies existing tax calculation rules under West Virginia Code §11-13-2o.
HB 5152 prohibits public utilities from disconnecting residential electricity, gas, or water services during a state of emergency declared by the governor. It requires utilities to offer residential customers a payment plan to cover overdue bills without late fees or penalties, and to restore service within 48 hours for those disconnected during the emergency. The bill also bans disconnections for 180 days after the emergency ends for customers facing financial hardship due to the emergency. Utilities must notify customers about these protections and make reasonable efforts to contact affected households to provide payment plan options.
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.
HB 5611 creates a "Certified Microgrid Program" to streamline development of microgrid projects and large data centers in West Virginia. It directly affects data center developers and microgrid operators by prohibiting local governments from applying zoning, building permits, or other local regulations to these certified projects. The bill requires the Department of Commerce to appoint a "Data Economy Liaison" to coordinate project development and mandates that certified projects pay standard municipal business taxes. This law overrides local ordinances and home rule authority to ensure uniform state-level support for these projects.
HB 5648 updates West Virginia's electrical power regulations to prioritize consumer interests and modernize utility oversight. It requires utilities to notify customers before rate increases and hold public hearings for significant rate changes affecting large customer groups. The bill exempts small portable solar devices from connection agreements, allows customers to generate and store power through distributed programs, and mandates utilities to track customers dependent on life support systems. Additionally, it sets new rules for disconnecting service due to non-payment and requires utilities to develop community energy programs under a subscriber model.
HB 4127 repeals a provision in West Virginia law (§17A-10-3c) that allowed for extra registration fees on alternative fuel vehicles. This bill directly affects owners of vehicles using alternative fuels like electric, hybrid, or propane by removing the requirement to pay these additional fees. The key mechanism is the deletion of the specific code section authorizing the fees, meaning the standard registration fees will apply instead. The bill makes no other changes to vehicle registration rules or fees.
SB 25 creates the West Virginia Coal Marketing Program and a dedicated state fund to support the coal industry. The program, administered by the Governor, uses registration fees from "Friends of Coal" vehicle plates to fund projects that protect coal markets, assist communities impacted by coal market changes, and educate the public about coal's economic role and modern practices. Key provisions include using funds for promotional campaigns highlighting coal's importance to West Virginia's identity, economy, and energy reliability, as well as addressing challenges in coal-dependent communities. Unspent funds carry over annually, and the Governor must report yearly on funded projects to the legislature. This bill directly affects state government operations, coal industry stakeholders, and communities facing economic shifts due to the coal sector.
HB 4110, the WV Energy Efficiency Jobs Creation Act, requires West Virginia's electric utilities to develop and implement energy efficiency programs aimed at reducing electricity consumption. Utilities must achieve specific, incremental savings targets - starting at 0.5% of 2020 sales by 2027 and reaching 5% by 2031 - through cost-effective programs approved by the Public Service Commission. The bill also creates a "self-directed" option for eligible residential and business customers to manage their own energy efficiency plans, with requirements to meet minimum goals and repay avoided charges if they fail to do so. The Public Service Commission oversees program approval, ensures cost recovery for utilities, and mandates annual reporting to track progress toward state energy efficiency goals.
SB 461 would require West Virginia's Public Service Commission (PSC) to obtain legislative approval before implementing any rate increases for utility companies. This affects electric, gas, and water providers seeking to raise customer rates, as they would need to submit proposals to the state legislature for approval. The bill changes the current process by adding a legislative step - requiring PSC rate adjustment recommendations to be formally approved by the Legislature before taking effect. It does not alter the PSC's authority to propose rate changes but shifts final approval to the Legislature. The bill is currently pending in the Senate Committee on the Judiciary.
