Bill > HB5590

This bill establishes a limited and predictable framework for reviewing the water quantity impacts of High Impact Data Centers (HIDCs) in West Virginia, which are defined as certified facilities that are not microgrids, electric generation facilities, or other industrial developments. Before construction begins, a certified HIDC must publicly announce its anticipated water usage, including the sources of water (surface, ground, or purchased), estimated maximum daily and monthly volumes, and a general description of how the water will be used, such as for initial system fill or ongoing replacement due to losses, without revealing proprietary operational details. The entity must then submit this information, along with projected maximum withdrawals and a statement confirming that these withdrawals will not reduce available water supply below levels needed for existing lawful demands of public water systems and other users, including during droughts, to the Department of Environmental Protection (DEP) for review prior to certification. The DEP will only evaluate water quantity availability and can condition or deny approvals if withdrawals would materially reduce water supply for existing lawful demands; this review does not extend to water quality or ecological impacts beyond existing laws. Certified HIDCs that withdraw water must also report their actual water usage annually to the DEP, comparing it to projections and explaining any significant deviations, with corrective measures only required if actual withdrawals materially exceed projections and reduce available water supply. Importantly, this bill does not create a new permitting program, expand water quality regulations, apply to microgrids or electric generation facilities, or restrict economic development where sufficient water quantity exists.

Transportation and Infrastructure

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5590&year=2026&sessiontype=RS&btype=bill