Bill > HB5620

This bill amends existing West Virginia law to restore local control over decision-making for data centers, which are defined as "certified high impact data centers" if they meet specific criteria and are certified by the Secretary of the Department of Commerce. Previously, state law largely preempted local governments from regulating these projects, preventing them from enacting ordinances related to zoning, land use, building permits, or noise. This bill removes those state-level restrictions, allowing counties and municipalities to apply their local laws and ordinances to certified high impact data centers, similar to how other businesses are regulated. However, the bill clarifies that these data centers will still be required to pay various local taxes and fees, including business and occupation taxes, sales and service taxes, property taxes, municipal service fees, and utility charges, and must adhere to the State Building Code. The Department of Commerce will continue to provide assistance and designate a liaison to help coordinate the development and operation of these projects.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5620&year=2026&sessiontype=RS&btype=bill