SB 420 West Virginia Senate · 2026 Regular Session

West Virginia First Energy Act

SB 420, the West Virginia First Energy Act, requires regulated utilities to maintain minimum operational standards for coal and natural-gas power plants. It mandates a 69% annual utilization rate for coal-fired facilities, a 30-day on-site coal inventory, and firm natural-gas supply contracts for gas plants. The bill prohibits retiring or reducing coal/gas capacity without Public Service Commission approval (unless an in-state replacement is available) and bans cost recovery for new wind or solar projects in utility rate bases. These provisions directly affect utilities operating in-state coal and natural-gas generation, aiming to preserve reliable, dispatchable power sources and limit reliance on intermittent renewables.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Governor
Introduced Jan 15, 2026 Last action Mar 10, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Committee Substitute · 8 edits
MODERATE
The bill was amended to strengthen support for coal and natural gas infrastructure by adding new legislative findings regarding national security and the Public Energy Authority's role. The changes introduce stricter controls on retiring power plants, requiring dual approval from two agencies and proof that replacement capacity exists. Additionally, the bill now mandates detailed operational plans for utilities to maintain fuel supplies and upgrade equipment, while explicitly prohibiting the recovery of costs for new intermittent energy projects like wind and solar.
Scope change
The bill's scope expanded from a general mandate for coal utilization to include specific protections against premature plant retirements, new requirements for operational planning and fuel inventory, and expanded oversight responsibilities for the Public Energy Authority.
DEFINITION

Added a new definition for 'dispatchable, non-intermittent replacement resource' to clarify standards for replacing coal plants.

REQUIREMENT

Changed the coal utilization requirement from a strict mandate to a goal that utilities should 'strive to achieve'.

Added a requirement for utilities to submit detailed operational plans including fuel supply strategies and maintenance schedules by January 1, 2027.

Mandated that utilities maintain a minimum 30-day on-site supply of base fuel for resiliency and homeland security purposes.

ENFORCEMENT

Established a dual-approval process requiring both the Public Service Commission and Public Energy Authority to authorize the retirement or reduction of coal and natural gas plants.

Expanded the Public Energy Authority's duties to include inspecting plants and verifying fuel supplies, with authority to block plant retirements before public announcement.

ELIGIBILITY

Prohibited utilities from recovering costs for new intermittent generation projects (wind/solar) unless they prove the investment does not increase rates or reliance on external markets.

FISCAL

Clarified that Electric Grid Stabilization and Security Fund money cannot be used for decommissioning or closing operating units.

Floor votes · Senate Mar 4, 2026

How they voted

2111
Passed · 1 other
Total votes 33
Mar 4, 2026
D Democratic2
2 Nay
100% Nay
R Republican31
21 Yea 9 Nay 1
67% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
21
Key actions
2
Committee
4
Mar 5, 2026
Committee
To House Energy and Public Works
lower
Mar 5, 2026
Introduced
Introduced in House
lower
Mar 4, 2026
Upper · Passed
Passed Senate (Roll No. 323)
upper
Mar 2, 2026
Upper · Passed
Reported do pass
upper
Feb 24, 2026
Committee
To Finance
upper
Feb 24, 2026
Committee
Committee substitute reported, but first to Finance
upper
Jan 15, 2026
Introduced
Introduced in Senate
upper
1 primary · 4 co-sponsors

Sponsors