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.
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 5359 creates a new tax method for high voltage electric transmission line property in West Virginia, directing property tax revenue from newly constructed transmission projects into the existing Electric Grid Stabilization and Security Fund. This fund will use the collected revenue to support grid stabilization, security, and efficiency upgrades for regulated utilities, including maintenance of coal and natural gas generation facilities serving West Virginia ratepayers. The bill specifies that these funds must be used to lower electricity rates for West Virginia consumers, directly benefiting all ratepayers by reducing costs through improved grid infrastructure. Key provisions include defining "high voltage transmission line property," requiring tax returns to the Board of Public Works, and ensuring unspent fund balances carry forward annually. The bill is currently in the House Finance Committee for review.
SB 82 imposes a $3 tax per megawatt-hour on electricity produced from wind and solar sources for sale or trade in West Virginia, starting January 1, 2027. It applies to commercial producers at the point of interconnection with transmission lines, with exemptions for government facilities, personal consumption under 500 kWh daily, and new installations for the first three years of operation. Producers must report annual output by February 1 and pay taxes by the same date, facing penalties of up to 25% for late payment plus 12-18% annual interest. Revenue collected will be distributed to West Virginia counties based on the number of compliant volunteer fire departments, with counties then allocating funds directly to those departments.
HB 4026 requires West Virginia electric utilities to include detailed analyses of advanced transmission technologies in their integrated resource plans filed with the Public Service Commission. This affects all utilities operating in the state that submit these plans, including major providers like American Electric Power and Dominion Energy. The bill mandates comprehensive assessments of technologies such as advanced conductors, dynamic line rating, and power flow controls, covering their economic feasibility, technical viability, potential benefits, and deployment schedules. These analyses must address how such technologies improve grid efficiency, reliability, and safety for customers. The requirement applies to all new or updated resource plans filed after July 1, 2026.
HB 4379 allows West Virginia's Public Service Commission (PSC) to approve faster cost recovery for electric utilities building or upgrading specific advanced transmission technologies. It directly affects utilities investing in projects that improve grid capacity, efficiency, reliability, or safety - such as advanced conductors, dynamic line rating, or power flow controls - by enabling them to recover costs through customer rates more quickly than usual. The bill requires the PSC to approve such projects only if they are technically feasible, economically reasonable, and prudent, while also considering impacts on existing investment agreements. This change aims to incentivize grid modernization without altering the PSC's oversight role.
