HB 5033, the Pro-Growth Regulatory Reform Act of 2026, requires state agencies to obtain legislative approval before implementing new regulations that cost more than $500,000 over five years. Agencies must submit such proposed rules to the Legislative Rule-making Review Committee 30 days before the next regular session, and the legislature must enact ratifying legislation for the rule to take effect. If the legislature fails to approve the rule during the session, the agency must terminate the proposed rulemaking. This bill directly affects state agencies creating regulations, adding a cost-based approval step while exempting emergency rules.
This Senate Resolution (SR 32) expresses the West Virginia Senate's commitment to protecting coal-dependent communities and energy infrastructure. It specifically requires coal-fired power plants to operate at a minimum 69% annual capacity factor to maintain grid reliability and protect over 10,000 coal jobs, while opposing actions that threaten mine closures or job losses. The resolution also pledges to prioritize local coal jobs over "out-of-state contracting" and prevent ratepayers from bearing higher costs due to reduced coal generation. As a non-binding resolution (adopted February 18, 2026), it does not create new law but formally commits the Senate to supporting coal through policy advocacy and oversight.
HB 5025 allows farm owners to burn obsolete, uninsured farm structures on agricultural land without facing second-degree arson penalties. It directly affects farmers who own outdated buildings (like barns or sheds) that are uninsured and no longer in use. To qualify, owners must submit a notarized letter to the county assessor and fire department seven days before burning, confirming the structure is uninsured and meets Department of Environmental Protection permitting requirements. The bill modifies existing arson law to create this specific exemption for eligible farm structures.
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Agriculture
Public Safety
SB 722 requires West Virginia's Division of Natural Resources (DNR) officers to obtain a warrant or the landowner's permission before entering private property, except in emergencies. This directly affects landowners, who can deny entry without a warrant, and DNR officers, who must follow this procedure during routine operations. The bill clarifies that DNR officers cannot enter private land without a warrant or consent, with an exception only for immediate threats to public safety, such as accidents or emergencies. This amendment updates existing law to explicitly protect property rights during DNR activities.
SB 706 modifies West Virginia's severance tax for oil and natural gas producers by temporarily reducing the tax rate for newly drilled wells. It lowers the tax rate to 3% (from 5%) for 24 months starting from the first sale of natural gas or oil from wells drilled after June 30, 2026. This applies specifically to newly completed wells, while existing wells and other production types maintain their standard rates (2.5% or 5% depending on production volume and drilling method). The bill directly affects oil and gas producers who drill new wells after the effective date, offering a short-term tax incentive to encourage new development. The change is part of the state's severance tax structure under §11-13A-3a of the West Virginia Code.
HB 5190 increases West Virginia's annual conservation funding by $300,000, with the additional funds allocated exclusively based on the head count of cattle and/or large livestock. This change directly affects land conservation grant programs, requiring that new funding distribution be tied to livestock numbers rather than other conservation criteria. The bill amends existing law to mandate this livestock-based allocation starting July 1, 2026. It does not alter the existing conservation criteria (like wildlife habitat or watershed protection) but specifies how the new $300,000 will be distributed. The change applies only to the incremental funding, not the existing conservation budget.
HB 5038, the Affordable Electricity and Economic Growth Act of 2026, directs West Virginia's Department of Economic Development to identify suitable sites for coal-fired electricity generation and coke production facilities near coal deposits, transmission infrastructure, and steel manufacturing locations. It requires state agencies to streamline regulations and review existing rules to reduce delays for projects using locally mined coal. The bill aims to support economic development by making it easier to build facilities that produce electricity and coke (used in steelmaking) within the state. This directly affects coal producers, steel manufacturers, and state regulatory agencies responsible for permitting and oversight.
HB 5039, titled "Fueling Modern Life," repeals all existing West Virginia air pollution control statutes (§22-5-1 through §22-5-20) and replaces them with a new policy declaring carbon dioxide (CO₂) a "foundational nutrient" necessary for life, not a pollutant. The bill mandates that West Virginia will not treat CO₂ as a pollutant, reject "net-zero" emission targets, and actively support carbon-based fuels like coal, oil, and natural gas. This directly affects all entities regulated under air pollution laws, including power plants and industrial facilities, by eliminating CO₂ emission requirements. The legislation shifts state policy to prioritize fossil fuel use for economic development while asserting CO₂ levels are beneficial and historically low.
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.
HB 4675, titled "Relating to 'Rain Tax'," would prohibit West Virginia municipalities from charging property owners a fee based on stormwater, runoff, rain, or similar precipitation-related factors. This bill amends state law to remove local governments' authority to impose such fees, directly affecting residential and commercial property owners who might have been charged for these services. The key mechanism is a clear prohibition on assessing any fee tied to precipitation management, replacing existing provisions that allowed stormwater fees under municipal ordinances. This change would require municipalities to find alternative funding methods for stormwater programs but does not specify new funding mechanisms.