Weekly Legislative Update

By Lucia Valentine and Kasey Russell, WVEC Lobbyists

As the 2026 West Virginia Legislative Session concludes, WVEC reflects on a session focused largely on water-related issues, with both successes and setbacks. Despite the passage of key bills like the Ohio River Protection Resolution (HR 13, SR 7) and funding for flood resiliency, concerns over water protections and infrastructure remained central throughout. While some bills, such as the Data Center Rules (HB 4983) and Aboveground Storage Tanks (SB 641), saw significant amendments thanks to strong advocacy, others, including the SENTRY Flood Warning System (HB 4108, SB 390) and Water Infrastructure Bills (HB 5210, SB 762), failed to pass. Above all, WVEC’s persistent focus on a wide range of issues helped keep these vital conversations at the forefront, securing protections for West Virginians despite legislative wins and losses.

These successes wouldn’t be possible without the support of our member groups and partners, including WV Rivers Coalition, WV Citizen Action Group, WV Highlands Conservancy, Sierra Club WV, West Virginians for Public Lands, Conservation West Virginia, The Downstream Project, Greenbrier River Watershed Association, Buckhannon River Watershed Association, West Virginians for Energy Freedom, Solar United Neighbors, and WV Surface Owners’ Rights Organization.

Good Bills that passed: 

Ohio River Protection (HR 13, SR 7)- Both resolutions passed, showing support for the federal Ohio River Restoration Program Act, which aims to improve water quality and restore habitat across the Ohio River Basin

Flood Resiliency Funding (SB 250)- A $25 million budget amendment for the Flood Resiliency Trust Fund was reduced to $5 million in the final budget. Experts estimate that around $250 million is needed to effectively address flooding impacts across West Virginia. 

Bills of Concern that Passed:

Aboveground Storage Tanks (SB 641)- Originally, this bill proposed rolling back protections in the Aboveground Storage Tank Act created after the 2014 Elk River Chemical Spill. Members of the Senate Energy, Industry, and Mining Committee fast-tracked the Committee Substitute for Senate Bill 641 to roll back protections of the Above-ground Storage Tank Act. After passing the Senate 24 Yeas, 9 Nays, 1 Absent, the bill moved through the House Committee on Energy and Public Works, where it was improved with an amendment to only change regulations on tanks 10,000 gallons (reduced from 50,000) or less and containing ONLY brine. The original language said “containing brine and other fluids,” which could include chemical mixtures like crude oil, but that “and other fluids” was removed. Thanks to strong advocacy, the bill was significantly amended and neutralized to maintain safeguards for tanks near drinking water sources.

State Park Endowment Fund (HB 4126)- Chairman Criss and Delegate Riley, the bill’s sponsors, believe the language ensures that any funds redirected to operating accounts would continue to support maintenance and improvements to existing state park facilities. We learned that the House Finance Revenue Subcommittee approved a substitute this week, though the language has not yet been released.

Data Center Rules (HB 4983)- The data center rule package passed both the House and Senate, but not without extensive efforts to restore protections around data center development. Thanks to strong advocacy from WVEC and partner organizations, the rule was amended to require developers to assess whether their projects would place an inordinate burden on water access. We extend our thanks to the Senate Judiciary Committee for unanimously passing this amendment.

In the House, we thank Delegate Bridges for proposing an amendment addressing water quantity in the House Energy Committee, though it narrowly failed. The WVEC team worked tirelessly throughout the week to build bipartisan support for the amendment, which ultimately failed by a 12-8 vote. We also appreciate Delegate Hansen for introducing the same amendment on the House floor.

WVEC remains committed to ensuring that if data centers are developed in West Virginia, they do so responsibly, with meaningful local input and careful water management.

Coal Co-tenancy Modernization and Miners Protection Act (SB 686)- Despite concerns that SB 686 does not provide homeowners the full replacement cost of homes destroyed by subsidence from longwall coal mining, the bill passed both the House and Senate. We thank the Surface Owners’ Rights Organization for their strong advocacy in pushing for amendments to ensure homeowners receive fair compensation.

Good Bills That Died

WV River Access & Bridge Modernization Act (SB 708) – Sponsored by Senators Woodrum, Hart, Deeds, Oliverio, Woelfel, and Garcia, SB 708 passed Senate Natural Resources and died in Senate Judiciary. WVEC has worked with Senator Woodrum to introduce this bill for several years now.  This bill would have ensured public access to the state’s rivers and streams for recreational purposes. 

SENTRY Flood Warning System (HB 4108, SB 390)- Several flood-related bills were introduced this session, including HB 4018 and companion bill SB 390, which would have invested $10 million in the SENTRY Initiative, an AI-driven flood warning system that alerts communities before floodwaters arrive. While we support innovative tools that save lives, early warning alone is not flood resiliency. WVEC urged the legislature to fully fund the Flood Resiliency Office and ensure communities have a real voice in planning and funding decisions. These bills were a key part of the Governor’s agenda and notably did not pass. 

Flood Resiliency Study Resolution (SCR3) – In an effort to urge the legislature to fully fund the Flood Resiliency Trust Fund, WVEC drafted a study resolution that requested the Joint Committee on Government and Finance study funding for the Flood Resiliency Fund. WVEC would like to thank Senator Oliverio for sponsoring the study resolution. Unfortunately, it was never taken up in the Senate Finance Committee. 

Southern West Virginia Clean Water Fund (HB5525) – The Southern WV Clean Water Fund Act was introduced as an end of session attempt to provide special water funding to 13 southern counties in WV. After amendments were made in the House Energy Committee, the bill moved to the House Floor but did not come to a final vote. 

Water Infrastructure Investments (HB 5210, SB 762) – These two companion bills aimed to restructure oversight of water and wastewater systems. Both priorities for the Governor, the bills passed out of one committee, but died in their respective Finance committees.

Bills of Concern That Died

Community Air Monitoring (SB 88) – A bill dealing with community air monitoring was introduced once again, this time by Senator Tarr. The lobby team met with the chairman and members of the Senate Government Organization Committee (where the bill has been referred), to outline our concerns and it never ran in committee. Delegate Hansen introduced a community air monitoring bill, HB 4194, in the House that would have strengthened air monitoring, but the bill did not move this session. 

Anti-Science Legislation (SB 475) – This bill would have prevented state agencies from using public health research and the best available science for regulatory purposes. This year’s bill targeted PFAS and would limit the state’s ability to respond to emerging contaminants. WVEC and partner organizations advocated against the bill, and it was never taken up in committee. 

Public Lands & Outdoor Access – WVEC followed several harmful public lands bills that ultimately died thanks to strong advocacy. 

• SB 770 (Off-Highway Motor Vehicle Recreation Act)
• SB 777 (Outdoor Americans with Disabilities Act)
• SB 501 (Expanding digital mapping of unimproved public roads – Sen. Maynard)
• HB 5374 / SB 894 (Governor’s request bills moving the Public Lands Corporation to the Department of Natural Resources)

Tax Credit Expansion (HB 4013)- The bill was part of the House leadership’s broader economic development agenda and aimed to expand tax credits to various facilities. The Finance Committee received over 800 public comments expressing concerns about the scale of the proposed tax breaks, particularly the potential for additional tax incentives for data centers. Ultimately, the bill did not pass the committee.

West Virginia First Energy Act (SB 420)- This bill aimed to stabilize electric bills by requiring in-state coal-fired plants to operate at a minimum 69% capacity. While some legislators believe the bill supported coal and energy reliability, WVEC and others warned it could drive up electricity costs, potentially adding hundreds of millions to utility bills. The bill passed the Senate 22-11, but died in the House of Delegates. Multiple attempts were made to amend the language into other pieces of legislation, which killed those bills as well.