WVEC Weekly Legislative Round-Up

By Lucia Valentine and Kasey Russell, WVEC Lobbyists

Today is the 45th Day of the 2025 Legislative Session! We are in the home stretch with bills needing to pass their house of origin by Crossover Day, Wednesday, April 2. With many harmful bills still alive and the clock running out, please stay tuned for urgent action alerts to keep you informed and help you take important actions!

This week, we’ve seen a host of big, bad energy bills with innocuous titles promising to address high electric bills and create West Virginia jobs. They will likely do the opposite while subsidizing the coal industry and fueling data centers (which require huge amounts of energy and water). Delegate Hansen’s (D-Monongalia) HB3173 would have protected ratepayers with a two-year cap on our electrical bills, but it gained no traction in the House. 

Check out this update from WV Citizen Action Group, in partnership with WVEC and West Virginians for Energy Freedom, Legislative Updates and Actions: Clean Air, Safe Water and Fair Energy Under Fire in West Virginia. It includes opportunities to take action on many of the bills discussed below.

Energy

Microgrid Program (concerns with local control, increased fossil fuel use)

HB 2014 and SB 818—introduced by House Speaker Hanshaw (R-Clay) and Senate President Smith (R-Preston) at the request of Governor Morrisey—establish the Certified Microgrid Program administered by the Division of Economic Development. They allow new industries/corporations to use their own microgrid and not be part of the PJM grid (the power grid covering West Virginia). HB 2014 passed the House Energy Committee on Wednesday, March 26, on a party-line vote. 

HB 2014 aims to attract data centers to West Virginia through microgrid development but also includes provisions that could significantly raise electricity bills for everyday West Virginians. The bill requires utilities to buy and store excessive amounts of coal, forces them to keep uneconomic coal plants running until at least 2040, and creates new pathways for automatic rate increases—costs that will ultimately be passed on to ratepayers.

Governor Morrisey promoted data centers this week, saying they’re eager to use West Virginia’s natural resources. WVEC Vice President Quenton King previously wrote about how unprepared the state is to handle their massive resource demands.

To learn more about this issue, check out this MetroNews WV interview with Emmett Pepper, Policy Director at Energy Efficient West Virginia, where he discusses the WV Microgrid bill with Brad McElhinny (aired March 22).

Additionally, this article by McElhinny outlines Governor Morrissey’s microgrid proposal—highlighting both the potential opportunities and the serious questions it raises about impacts on West Virginia ratepayers: Governor’s microgrids bill represents opportunity–but also questions about effects on ratepayers

“Ensuring Reliable and Affordable Electricity Act” (we don’t think it does either)

SB 505 passed the Senate on Thursday, March 27. Despite its title, we have concerns that the bill would accomplish the opposite by forcing coal-fired power plants to operate even when it’s costly, raising consumer prices. Further, it blocks the usage of affordable energy alternatives and weakens the Public Service Commission’s regulatory authority. Take action against this bill here! 

Read more about the “Ensuring Reliable and Affordable Electricity Act” in the March 25 Mountain State Spotlight article by Sarah Elbeshbishi: West Virginians face soaring electricity costs. To prop up coal, lawmakers could make it even worse.

“Public Electrical Savings Act” (eliminates progress on renewable energy access) 

SB 763 is a bill introduced by the Governor, which is anticipated to reach its third reading in the Senate today, March 28. This legislation would eliminate solar power purchase agreements (PPAs) and create a formula to calculate utility profits from new electric generation, focusing on fossil fuels. Additionally, the bill would impose penalties on entities that make private agreements with West Virginia landowners for projects using forest land to reduce carbon dioxide emissions.

Nuclear (we continue to have concerns about nuclear waste)

HB 2205 – This bill passed the House on Thursday, March 27, and now moves to the Senate. Sponsored by Delegate Steele (R-Raleigh), it expands the Public Service Commission (PSC) jurisdiction to include regulation of advanced nuclear reactors. 

Environmental, social, and governance programs (all-around harmful bill)

SB 850, sponsored by Senator Willis (R-Berkeley), passed out of Senate Banking and Insurance after failing to pass the first time. A committee substitute was passed with immediate consideration and read the first time. It is on second reading today, March 28. The bill allows the legislature to oversee how private companies are run by allowing for a breach of contract if a corporation’s director or officer prioritizes any element of environmental, social or governance interest over financial risk or maximizing financial return to shareholders. 

Clean Air and Water

Water Quality Standards

As you recall, the WV Department of Environmental Protection’s (WV DEP) rule bundle, HB 2233, passed the House of Delegates on March 12 and was referred to the Senate Judiciary Committee. We are working in the Senate to oppose industry language being put into the bundle AFTER its public process and legislative review stage. As written, the bill removes Category A drinking water protections from certain rivers and streams in West Virginia. Stay tuned!

Community Air Monitoring

SB 575, which would weaken citizen air monitoring programs, has not yet been taken up in committee. We will continue to monitor it as we approach Crossover Day, April 2.  

Above Ground Storage Tank Act (AKA Zombie Bill)

As previously reported, SB 592 passed the full Senate on Friday, March 14. It would remove oil, gas, and coal tanks in ZCCs (Zones of Critical Concern) from inspections mandated under the Aboveground Storage Tank Act. The House Energy Committee has not yet taken up the bill, but we will keep you posted if it starts to move in the House. 

Anti-Science Bill

HB 2493, the so-called “Sound Science in Regulations Act,” has yet to pass the House Government Organization committee. It passed the hearing phase in committee after testimony was given both for and against the bill. This bill prevents state agencies from using public health research and the best available science. If it starts to move before Crossover Day, April 2, we will let you know! 

Public Lands

River Access

A good bill is moving! Senator Woodrum’s (R-Summers) River Access Bill, SB 801, passed out of the Senate Government Organization on Thursday, March 27, and now heads to the full Senate. It requires the WV Department of Transportation to consider including public access to waterways when building new bridges. 

ATVs

There is still no movement on SB 711, which, as reported in the last update, would open all state lands to ATVs (all-terrain vehicles) by removing the prohibition against establishing additional trail systems within state parks and forests. 

SB 924, introduced by Senator Maynard (R-Wayne), requires the WV Department of Transportation to map all roads. However, it is double referenced to Transportation and Infrastructure and Finance, so it is not likely to pass the Senate. We are watching this bill closely to see if there is hidden intent. 

SB 794, introduced by Senator Maynard (R-Wayne), could give access to ATVs on public lands. It passed the Senate Transportation and Infrastructure on Thursday, March 27, and is in Senate Finance. The bill has no fiscal note, but there should be one due to the required work (identifying roads, signage, etc.) We hope this bill is a low priority for the Finance Committee and it will not get on an agenda. Stay tuned for an action alert if this bill starts to move.

General Updates

In many parts of southern WV, people do not have clean, dependable drinking water and are dealing with flooding.HB 3502 could help the southern coalfields by jumpstarting the state’s State Resiliency and Flood Protection Act if passed. This would allow the state’s Resiliency Office to begin assisting at-risk areas to undertake actions to reduce or prevent future flooding. Sponsored by most of the House Democrats, plus one Republican, Delegate Bridges (R-Logan), the bill has a fiscal note, and we are not hopeful it will move. 

Click here to check out WVEC’s complete list of 2025 Legislative Priorities.

To reach our lobby team, please email luciavalentine10@gmail.com and russell.kasey@gmail.com