West Virginia data center and energy laws

What it would do: Creates the Electric Load Forecast Accountability Act requiring the Public Service Commission of West Virginia to review and validate load forecasts submitted by utilities to PJM, coordinate with PJM and other states to prevent duplicate counting, and submit annual reports to the Legislature by December 31 each year, with the act expiring December 31, 2035.

What it would do: Requires electric transmission lines of 400 kilovolts or greater proposed in West Virginia to include construction of an electric substation near industrial parks within five miles of the line, with one substation maximum per 40-mile segment and completion within two years of line energization.

What it would do: Permits non-residential retail customers with peak demand exceeding one megawatt to purchase electric power from competitive suppliers starting January 1, 2027, subject to a commission-established capacity allowance of at least 20 percent of each utility's weather-adjusted retail sales, with licensing requirements and cost-shifting protections for remaining ratepayers.

What it would do: Requires certified high impact data centers to provide public notice of anticipated water usage and submit projected withdrawal information to the Department of Environmental Protection, which may condition or deny approval only if withdrawals would reduce available water supply below levels necessary to meet existing lawful demands, and requires annual reporting of actual withdrawals.

What it would do: Amends West Virginia law to prohibit counties and municipalities from regulating certified microgrid districts and high impact data centers through zoning or permitting, while requiring such projects to pay taxes and fees. In growth counties with majority karst hydrogeology, data centers must use surface water rather than groundwater for non-domestic purposes.

What it would do: Prohibits counties and municipalities from enacting ordinances or regulations that limit certified high impact data centers and certified microgrid districts, and exempts these projects from local zoning, permitting, licensing, and land use requirements while requiring them to pay taxes, fees, and utility charges.

What it would do: Permits non-residential retail customers with peak demand exceeding one megawatt to purchase electric power from competitive suppliers starting January 1, 2027, subject to a commission-established capacity allowance of at least 20 percent of each utility's weather-adjusted retail sales, with licensing requirements and rate transparency provisions.

What it would do: Prohibits data centers in West Virginia from facilitating warrantless collection of data by the NSA or other federal agencies in violation of the Fourth Amendment or West Virginia Constitution, and requires annual reporting to the Joint Standing Committee on Technology and Infrastructure regarding data collected, uses, and end users.

What it would do: Amends West Virginia law to create a High Impact Data Center Program within the Division of Economic Development to encourage data center development, but prohibits the state and any political subdivision from subsidizing any data center in West Virginia.

What it would do: Modifies the distribution of ad valorem property tax revenue from high-impact data centers to provide 80 percent of the tax increment to the situs county, and clarifies that the Personal Income Tax Reduction Fund is funded by data center tax increment distributions.

What it would do: Establishes a High Impact Data Center Program requiring data centers meeting specified criteria to notify the Department of Economic Development and obtain water resource certification from the Department of Environmental Protection, which may limit or prohibit water withdrawals if adverse impacts to state water resources will occur. Requires public hearings and comment periods before final approval.

What it would do: Prohibits data centers from withdrawing groundwater or aquifer water for cooling and requires them to use closed-loop systems, air cooling, or reclaimed water instead. Imposes daily civil penalties of at least $50,000 for violations and requires pre-construction hydrogeologic studies.

What it would do: Prohibits counties and municipalities from enacting ordinances or regulations that limit certified microgrid districts or certified high impact data centers, and exempts these projects from local zoning, building permits, and licensing requirements while preserving their obligation to pay taxes and utility fees.

What it would do: Creates tax incentives for data centers making at least $50 million capital investment, creating 50+ jobs, and using 80% coal-generated electricity: salvage value property tax treatment, sales tax exemption on equipment, and B&O tax exemption for coal-fired utilities supplying them.

What it would do: Requires Public Service Commission rules and regulations to be subject to legislative rule-making review procedures and defines data centers as physical locations storing computing machines and related hardware infrastructure.

What it would do: Establishes certified microgrid districts and high-impact data center programs to attract data center development; exempts these projects from local zoning and permitting; creates special property tax distribution formulas directing incremental tax revenue to state funds and local governments; prohibits payment-in-lieu-of-taxes and tax increment financing for electricity generation property.

What it would do: Amends the ad valorem property valuation statute to specify that electronic data processing services, including data center operations and high-performance computing for digital, blockchain, and artificial intelligence technologies, qualify as high-technology businesses whose servers and tangible personal property are valued at salvage value for tax purposes.

What it would do: Creates tax incentives for data centers meeting specified criteria: salvage value property tax treatment, business and occupation tax exemption for coal-generated electricity supplied to them, and sales tax exemption for equipment and materials used in their operation and maintenance.

What it would do: Creates tax incentives for data centers meeting specified criteria, including salvage value property tax treatment, sales tax exemption for equipment, and exemption from business and occupation tax for coal-generated electricity supplied to qualifying data centers.