SB 20 West Virginia Senate · 2026 Regular Session

Stable Energy Rates Protection Act

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.

Issues: ✗ Energy ✗ Environment

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 14, 2026 Last action Jan 30, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Committee Substitute · 4 edits

MODERATE

The bill was converted from an introduced version to a committee substitute, which simplified the legislation by removing a third section on severability and a fourth section on the effective date. The scope of the prohibition was broadened from specifically naming 'wind and solar' facilities to a broader definition of 'intermittent power sources' (sources that vary based on natural conditions and cannot be dispatched on demand). The bill also clarified that the prohibition applies to all rate increases affecting state ratepayers, regardless of whether the energy facility is located inside or outside West Virginia.

Scope change

The scope of the prohibition expanded from specific technologies (wind and solar) to a functional definition covering any energy source that is inherently variable and uncontrollable, and the geographic applicability was clarified to include out-of-state facilities affecting in-state rates.

DEFINITION

The specific mention of 'wind and solar energy' was replaced with the broader term 'intermittent power source,' defined as sources with variable output dependent on natural conditions that cannot be fully controlled or dispatched on demand.

ELIGIBILITY

The prohibition on rate increases now explicitly applies to any facility or component affecting a ratepayer in the state, regardless of whether the facility is located within or outside West Virginia.

TECHNICAL

The standalone 'Severability' section (§24-9-3) and 'Effective Date' section (§24-9-4) were removed, likely as they are standard provisions often incorporated by reference or deemed unnecessary in the final text.

REQUIREMENT

The bill text was streamlined by removing the specific list of prohibited facilities in subsection (1) and replacing it with a general prohibition based on the new definition of intermittent power sources.

Floor votes

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Jan 30, 2026

Committee

To Government Organization

upper

Jan 30, 2026

Committee

Committee substitute reported, but first to Government Organization

upper

Jan 14, 2026

Introduced

Introduced in Senate

upper

1 primary · 6 co-sponsors