Energy (Wind)

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 4038 would limit new permits for wind power facilities in West Virginia and require that for each new wind project approved, existing coal-fired power plants receive a tax offset. The bill directly affects wind energy developers by restricting new project approvals and coal power plants through mandated tax adjustments. Key provisions include capping wind power permits and linking new wind development to tax reductions for coal facilities. It does not alter existing coal plant operations but ties new wind projects to financial benefits for coal power. The bill is currently pending in the House Energy and Public Works Committee.

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.

This bill prohibits West Virginia's Public Service Commission from approving utility rate increases that include costs for intermittent power sources like solar or wind energy. It specifically blocks the Commission from considering construction, operation, maintenance, or decommissioning costs for facilities relying solely on variable energy sources (defined as those dependent on weather and not fully controllable). Existing contracts signed before the law takes effect are exempt, but new expansions or commitments to such projects cannot be included in rate hikes. The bill also requires the Commission to submit an annual report to the Legislature assessing the law's impact on energy rates, reliability, and affordability.