summary
Introduced
02/21/2026
02/21/2026
In Committee
02/21/2026
02/21/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
The purpose of this bill is to create the West Virginia Energy Freedom Act related to power generation companies in the state.
AI Summary
This bill, titled the "West Virginia Energy Freedom Act," aims to streamline the regulatory process for certain electric generation facilities in the state. Key provisions include waiving the requirement for a certificate of public convenience and necessity, which is a permit from the Public Service Commission (PSC) needed to build new utility infrastructure, for projects already reviewed and approved by the Infrastructure and Jobs Development Council. It also exempts electric generation facilities not owned or operated by a public utility and that do not produce power from an "intermittent power source" (meaning an energy source that is variable and not always available, like solar or wind) from the PSC's certificate requirement, instead mandating compliance with registration, environmental permits, local zoning, and grid interconnection standards. The bill introduces a simplified registration process for these non-utility, non-intermittent power generation companies with the PSC, requiring basic information about the facility and its operators, and sets specific timelines for PSC decisions on various types of applications. Additionally, it clarifies that these facilities are still subject to environmental regulations from the Department of Environmental Protection and local land-use approvals, and it establishes incentives, such as low-interest loans or grants, for new dispatchable generation facilities (like natural gas or coal plants) that add significant capacity and benefit the local economy.
Committee Categories
Agriculture and Natural Resources
Sponsors (5)
Last Action
To Energy, Industry, and Mining (on 02/21/2026)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=1040&year=2026&sessiontype=RS&btype=bill |
| Fiscal Note - Public Service Commission | http://www.wvlegislature.gov/Fiscalnotes/FN(2)/fnsubmit_recordview1.cfm?RecordID=955192590 |
| BillText | http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=sb1040%20intr.htm&yr=2026&sesstype=RS&i=1040 |
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