HB 4481 West Virginia House of Delegates · 2026 Regular Session

WV Load Forecast Accountability Act

The WV Load Forecast Accountability Act (HB 4481) requires West Virginia's Public Service Commission to review and validate the electricity demand forecasts submitted by local utilities to PJM (the regional grid operator), ensuring accuracy and transparency. The Commission must assess utility data and assumptions within 12 months, verify that only likely-to-develop projects (e.g., data centers) are included based on financial commitments, and coordinate with PJM and neighboring states to prevent double-counting of new energy demands. This oversight aims to protect consumers from unnecessary costs by aligning forecasts with realistic grid planning needs.

Bill status failed 4 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Mar 2026

House of Delegates Passage

Feb 2026

Senate Passage

Mar 2026

Governor

Introduced Jan 16, 2026 Last action Mar 13, 2026

Maddy AI version diff · 4 comparisons

What changed between versions

hb4481 s eim am 3-9 adopted.htm → hb4481 s eim amt 3-10 adopted.htm · 10 edits

MAJOR

The bill was amended to significantly expand its scope from a single focus on electric load forecasting accountability to a comprehensive energy policy package that includes the West Virginia First Energy Act. The original version focused narrowly on reviewing load forecasts submitted to PJM, while the amended version adds provisions protecting coal and natural gas generation, restricting investment in intermittent resources like wind and solar, requiring operational plans for coal plants, and establishing minimum utilization rates for coal facilities.

Scope change

The bill's scope expanded from a narrow focus on electric load forecasting oversight to a broad energy policy framework covering coal and natural gas generation protection, intermittent resource restrictions, operational planning requirements, and public energy authority oversight.

SCOPE

Added the West Virginia First Energy Act creating new articles to protect coal and natural gas generation, restrict intermittent resource investments, and establish operational requirements for coal-fired facilities.

REQUIREMENT

Added minimum 69 percent utilization rate requirement for coal-fired facilities measured on a 12-month rolling average.

Added requirement that utilities cannot retire or reduce capacity of coal or natural gas facilities without prior approval from the Public Service Commission and Public Energy Authority.

Added prohibition on utilities seeking cost recovery for new intermittent generation resources like wind or solar.

Added requirement for coal utilities to submit operational analysis and plans by January 1, 2027, including fuel supply, maintenance schedules, and upgrade plans.

Added requirement for utilities to maintain a minimum 30-day supply of base fuel for grid resiliency and homeland security.

ENFORCEMENT

Added requirement that rate increases be contingent on compliance with coal utilization standards and that unauthorized plant retirements are violations enforceable by the commission.

TIMELINE

Changed sunset date from December 31, 2031 to no sunset provision for the expanded energy policy provisions.

DEFINITION

Added new definitions for 'dispatchable, non-intermittent replacement resource' and expanded PJM definition to include LLC designation.

FISCAL

Added restrictions on Electric Grid Stabilization and Security Fund usage, prohibiting use for decommissioning or closing operating units.

Committee Substitute → hb4481 s eim am 3-9 adopted.htm · 8 edits

MODERATE

The bill was significantly amended to add a new article establishing the Electric Load Forecast Accountability Act, which gives the Public Service Commission authority to review and validate load forecasts submitted to PJM, access confidential utility data, and require annual reporting. Additionally, a completely new article (Article 9) was added creating the West Virginia First Energy Act, which mandates coal plant utilization rates, restricts investment in intermittent renewable resources, and requires coal facilities to maintain 30-day fuel supplies.

Scope change

The bill's scope expanded from solely addressing electric load forecasting oversight to include comprehensive coal and natural gas energy policy, including restrictions on renewable energy investments and operational requirements for fossil fuel generation.

REQUIREMENT

New Electric Load Forecast Accountability Act requiring Public Service Commission to investigate load forecasting methodologies, access confidential agreements, and publish annual reports on forecasting accuracy.

New West Virginia First Energy Act requiring coal-fired facilities to achieve minimum 69% utilization rate measured on 12-month rolling average.

Requirement for coal-fired facilities to maintain minimum 30-day supply of base fuel for fuel and grid resiliency purposes.

ELIGIBILITY

Prohibition on utilities including new wind or solar generation in rate base or seeking cost recovery for intermittent resource investments.

ENFORCEMENT

Public Service Commission and Public Energy Authority must approve any retirement, deactivation, or capacity reduction of coal or natural gas facilities before it occurs.

TIMELINE

New sunset provision for the Electric Load Forecast Accountability Act set to expire December 31, 2031.

DEFINITION

Added definition of 'PJM' as PJM Interconnection LLC regional transmission organization in the new article.

FISCAL

Electric Grid Stabilization and Security Fund may be used to stabilize generation costs and support life-extension projects but cannot be used for decommissioning or closing operating units.

Floor votes · Senate Mar 12, 2026 · House of Delegates Feb 25, 2026

How they voted

25–8

Passed

Total votes 33

Mar 12, 2026

D Democratic2

2 Nay

100% Nay

R Republican31

25 Yea 6 Nay

80% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 12, 2026

Upper · Passed

Passed Senate with amended title (Roll No. 480)

upper

Mar 11, 2026

Upper · Passed

Committee amendment adopted (Voice vote)

upper

Mar 10, 2026

Upper · Passed

Reported do pass, with amendment and title amendment

upper

Feb 26, 2026

Introduced

Introduced in Senate

upper

Feb 25, 2026

Lower · Passed

Passed House (Roll No. 182)

lower

Feb 20, 2026

Lower · Passed

By substitute, do pass

lower

Jan 16, 2026

Committee

To House Energy and Public Works

lower

Jan 16, 2026

Introduced

Introduced in House

lower

1 primary · 2 co-sponsors