West Virginia's SB 685, the Natural Resources Anti-Commandeering Act, prohibits state agencies, local governments, and their employees from enforcing or assisting with federal regulations on coal, oil, gas, timber, or related extractive resources that conflict with West Virginia law. It bans the use of state funds for such federal enforcement activities and requires the state Attorney General to legally challenge federal actions they deem unconstitutional under anti-commandeering principles (citing Supreme Court cases like *Printz v. United States*). The bill also mandates the Attorney General to publish guidance for state agencies on resisting federal enforcement efforts and to pursue legal action using state funds. This applies directly to state officials, law enforcement, and local government entities handling natural resource regulations. The law focuses on preventing state cooperation with federal rules, not altering existing state resource management.
HB 5014 modifies West Virginia's real property tax rules for farm structures used in agricultural activities. It phases out taxes on eligible structures over three years: 33% reduction in 2026, 67% in 2027, and full exemption by 2028 for structures appraised in 2025. The exemption applies only to farm structures on agricultural land (per §19-19-2b) used for farming operations, excluding commercial solar installations, wood processing facilities, and event venues. This directly affects farm property owners who maintain qualifying structures for agricultural production, storage, or distribution.
SB 79 creates a tax credit for West Virginia businesses that invest in road or highway infrastructure projects or coal production and processing facilities. Eligible taxpayers - such as corporations and consolidated groups subject to the state's severance tax - can claim the credit based on qualified expenditures like labor, materials, equipment, and real property costs for these projects. Businesses must apply for certification before claiming the credit for road projects, and unused credits can be carried forward to future tax years. The credit is transferable to business successors, and failure to maintain required records may trigger penalties.
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 4035 provides a 35% tax credit against West Virginia's business and occupation tax for coal-fired electric power plants that spend on pollution control equipment. It directly affects coal-fired power plants operating in West Virginia (excluding those exempt from the tax), covering costs for installing, repairing, or maintaining equipment to meet environmental regulations like air/water pollution controls or carbon capture. The credit cannot reduce a plant's tax bill by more than 50% in a single year, and unused portions can be carried forward for up to five years. This bill aims to offset compliance costs while supporting continued operation of coal plants serving West Virginia residents.
HB 4838 increases annual registration fees for alternative fuel vehicles in West Virginia. It raises fees to $400 yearly for hydrogen/natural gas vehicles, $200 for plug-in hybrids, and $400 for fully electric vehicles - doubling current rates. These fees apply in addition to standard registration costs and directly affect owners of these vehicle types. The bill modifies Section 17A-10-3c of the West Virginia Code to implement these changes.
SB 76 would exempt coal sold to coal-fired power plants located within West Virginia from the state's 5% severance tax. This directly affects coal producers who sell thermal coal (used for electricity generation) to in-state power plants, reducing their tax burden on these specific sales. The bill amends existing law to create this exemption, removing the tax that would otherwise apply to coal sold for electricity generation at facilities operating in West Virginia. The change would provide immediate tax savings for coal producers supplying local power plants, without altering other severance tax rates or provisions.
HB 4991, the West Virginia First Energy Act, requires coal-fired power plants in the state to maintain a minimum 69% operational utilization rate (measured annually) and hold at least a 30-day coal supply based on average usage. It restricts utilities from retiring or reducing coal or natural-gas plants without Public Service Commission approval, which requires proof the change won’t raise rates, increase market volatility, or harm grid reliability. The bill also prohibits cost recovery for new wind or solar projects and bans power-purchase agreements for intermittent energy unless existing coal/gas capacity meets specific replacement standards. These provisions aim to stabilize electricity rates, preserve coal industry jobs, and prioritize in-state dispatchable power sources over out-of-state or weather-dependent generation.
SB 623, titled the "West Virginia-Powered Data Center Incentive Act," creates new economic incentives for *new* data centers to locate in West Virginia by offering reduced property taxes and a tax credit for coal-fired electric utilities supplying them with power. To qualify, data centers must meet specific eligibility criteria and apply through a state process, with incentives requiring ongoing compliance to avoid recapture. The bill aims to attract data center investment to generate jobs, boost economic growth, and support West Virginia's coal industry by leveraging its coal-generated electricity infrastructure.
SB 131 creates a tax credit against West Virginia's severance tax for businesses that make qualifying investments in road/highway infrastructure improvements or coal production/processing facilities. It directly affects coal industry businesses and infrastructure developers in coal-producing regions by allowing them to reduce their severance tax liability. The credit covers costs for labor, materials, and real property improvements tied to certified road projects or coal facilities, with applications required through the Transportation Secretary. Unused credits can be carried forward, and the credit may be transferred to successors. This policy aims to incentivize private investment in infrastructure and coal sector capital projects.