Bill > HB4683

This bill establishes new regulations for data centers to prevent the depletion of groundwater and aquifers, recognizing these as vital public resources essential for life, agriculture, and property rights. It defines a "data center" as a facility housing computer systems and their cooling equipment, and clarifies terms like "groundwater" (water beneath the earth's surface, including aquifers), "aquifer" (an underground formation that stores or transmits groundwater), and "reclaimed water" (treated wastewater approved for industrial use). The bill explicitly prohibits data centers from using groundwater or aquifer water for cooling purposes, including drilling wells or using it as a primary or backup source, and forbids any permits or waivers that would allow such use. Instead, data centers are required to use alternative cooling methods such as closed-loop systems, air-cooled systems, or reclaimed/greywater, with the responsibility for compliance resting on the data center operator. Cooling water, if used, must come from municipal reclaimed water systems or approved non-potable surface water sources, with potable water only permissible in extreme circumstances where no alternatives exist and residential or agricultural supply is not impacted, and never as a substitute for groundwater. Data centers will be required to install meters, submit monthly water-use reports, and allow inspections, with all water-use data becoming public records. Furthermore, before construction, data centers must undergo a review including a hydrogeologic impact study and cumulative impact analysis, with permits denied if any potential aquifer impact is identified. Violations will result in significant penalties, including daily fines of at least $50,000 and permit revocation, and the bill clarifies that it does not limit landowners' rights to pursue civil action for issues like well depletion or water contamination.

Transportation and Infrastructure

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4683&year=2026&sessiontype=RS&btype=bill