WVEC Legislative Wrap-Up: What We Stopped—And What’s Next

By Lucia Valentine and Kasey Russell, WVEC Lobbyists

This session, we worked hard to hold the line against a wave of legislation threatening West Virginia’s air, water, and public lands. Through strong advocacy and the support of our partners, we successfully defeated several harmful bills. 

The Community Air Monitoring bill never made it to committee, protecting vital programs that inform residents about local air quality. Efforts to weaken the Above Ground Storage Tank Act, which would have endangered drinking water, were stopped in the House. The so-called ‘Sound Science in Regulations Act’—a blatant attempt to censor science for the benefit of polluters—was also defeated thanks to the leadership of our coalition partners at WV Rivers Coalition and the support of public health experts. 

We’re also proud to have helped block multiple attempts to open public lands to ATV and ORV use, as well as efforts to undermine protections in our state parks through carbon storage legislation. While we remain concerned about the Microgrid Bill and its potential impacts on local control and water resources, this session was a strong reminder of what’s possible when we work together to protect West Virginia’s environment.

Our efforts and successes are only possible with our member groups and partners. They provide support in many ways: technical advice on legislation, perspective on lobbying strategy, and financial support. Thank you to 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. 

Bills of Concern that Passed:

Category A, HB 2233: This bill weakens drinking water protections for certain rivers and streams in West Virginia. The bill ultimately passed after a lengthy debate in the House and Senate, citing drinking water and procedural concerns. Industry language was amended into the bill after the legislative rule-making process, which drew criticism from advocates and legislators alike. We will continue monitoring the changes to ensure we protect drinking water.

Authorizing WV Department of Highways to erect warning signs, SB 794: This legislation passed on the last day of session and authorizes the WV DOH to install warning signs that advise of unimproved or primitive roads. Our concerns with the bill include the potential to encourage the use of high-clearance, four-wheel drive vehicles. We will monitor the implementation to ensure appropriate protections from ATV/ORV use remain. 

Microgrid/Data Centers, HB 2014 – This bill passed on the last night of session after weeks of deliberation. While changes were made to give more taxes back to the county, where a data center is located, no changes were made to address concerns over local control, water use issues, energy sources, etc. We will monitor the implementation of this bill as we expect constitutionality concerns to arise. 

Carbon Sequestration, SB 627 – This bill originally opened up our state parks to drilling and storing carbon (carbon sequestration) in pore spaces underlying our state parks. Thanks to the strong pressure and opposition from the public lands community, Chairman Jeffries (R-Putnam) amended the language before the Senate Economic Development Committee meeting. The committee substitute was a vast improvement, protecting state parks from surface disturbances and establishing a 200 ft. set back requirement for well pads. We will keep monitoring the progress of this new policy as the practice of carbon storage is still unproven. 

Good Bills That Died

River Access Bill, SB 801 – This bill would have ensured public access to the state’s rivers and streams for recreational purposes. While it passed out of the Senate, it was referred to the House Government Organization Committee, where it passed the bill hearing stage but never made it back on the agenda for passage. The bill faced opposition from stakeholder groups, like the WV Farm Bureau. We will continue to support Senator Woodrum’s (R-Summers) efforts to establish river access points in the future. 

Orphan Well Protection Act, SB 11 – The bill required oil and gas well operators to set money aside for future plugging costs so taxpayers wouldn’t be left footing the bill. The bill was referred to the Senate Energy, Industry, and Mining Committee but never taken up. We want to thank Senate President Smith (R-Preston) for sponsoring this bill yet again and will continue to educate lawmakers about the importance of addressing WV’s orphan well crisis. 

Additional good bills we followed included initiatives introduced by Delegate Hansen (D-Monongalia) and other House Dems. These initiatives included HB 2412 (incentive for large solar projects on degraded land), HB 2418 (energy efficiency), HB 2555 (Public Service Commission reform bill), HB 2858 (relating to a county’s ability to regulate floodplains under The National Flood Insurance Program guidelines), and HB 3173 (temporary cap on electricity rates). Unfortunately, none of these bills passed. 

Bills of Concern That Died

Wind Power, HB 3048 – This bill would have limited the number of permits to construct wind power plants, wind power farms, or “windmills” for power generally in West Virginia. Further, it would have (1) required that for each new wind-powered facility built in West Virginia, there is an offset in the amount of taxes paid by new and existing coal-fired power plants and (2) ensured that coal remains the primary source of power in West Virginia during emergency weather events. 

Several bills were introduced this session to curb wind and solar projects while incentivizing coal and natural gas use. Most of them did not make it onto a committee agenda.

Aboveground Storage Tanks, SB 592 – This bill was our hardest-fought victory, passing the Senate 25-7 with the entire Kanawha County delegation voting for it (except for Senator Bartlett-R). It passed out of the House Energy and Public Works Committee with only Delegates Hansen and Young (D-Kanawha) voting against it. As in past years, this bill sought to deregulate tanks located in Zones of Critical Concern closest to drinking water intakes. The bill was moved to the House inactive calendar on the second to last day of session, where it ultimately died. Thanks to all who helped hold the line against this dangerous bill! 

Community Air Monitoring, SB 575 – This bill would have threatened community air monitoring programs in WV–programs that help West Virginians identify and understand air quality where they live, work, and play. Despite intense pressure from industry to run the bill, we want to thank Senator Rucker (R-Jefferson) for hearing our concerns and not running the bill in the Senate Government Organization Committee.

ATVs, SB 711 – This bill would have opened our state parks to ATVs. Thanks to immense pressure from our public lands community (and the fact that the bill was to run on Environmental Day!), the Senate Transportation Committee did not take it up.  

Anti-Science Bill, HB 2493 – The so-called “Sound Science in Regulations Act” would have prevented state agencies from using public health research and the best available science for regulatory purposes. National interest groups, including the Chamber of Commerce, supported the bill, but faced strong opposition not just from the environmental community but also state agencies and the coal industry. The bill had a hearing stage in the House Health Committee but never returned to the agenda for passage.  

Ensuring Reliable and Affordable Electricity Act, SB 505 – Several “Big, bad energy bills” were introduced this session, but most failed to progress—except SB 505, the Ensuring Reliable and Affordable Energy Act. It passed the Senate on March 27th with 11 opposing votes and moved to the House Energy and Public Works Committee, where it was never taken up. Critics argued the bill contradicted its title by requiring uneconomical operation of coal plants, increasing consumer costs, limiting cheaper energy alternatives, and weakening regulatory oversight. There were concerns it might be merged into another, more favorable bill—but that didn’t happen. Opposition from utilities played a key role in stopping SB 505.

ESG Bill, SB 850 – This bill was seen as legislative overreach, aiming to control how private companies operate. It included language stating that corporate directors or officers would be presumed to breach their fiduciary duty if they prioritized environmental, social, or governance (ESG) factors over financial interests. Despite being revived in the Senate Banking and Insurance Committee, the bill ultimately failed after being laid over on a second reading on the Senate floor. Strong opposition from major corporations and businesses played a key role in its defeat.

Water Pollution Control Act, SB 940 – This bill aimed to block local governments from issuing water pollution permits stricter than state or federal standards, potentially undermining community protections and transparency. It passed both chambers—with limited bipartisan opposition—but ultimately died because the Senate never received the message to concur with the House’s changes. 

Nuclear Energy Bill, HB 2205 –This bill, which would have expanded the Public Service Commission’s authority to regulate advanced nuclear reactors, passed the House but died without consideration. It was never placed on the Senate Energy Committee’s agenda.