WVEC Weekly Legislative Update

Week of January 26, 2026

This Week at the Capitol: Snow Day, But Not a Slowdown

The Legislature was largely sidelined earlier this week due to winter weather. Committee meetings were cancelled on Monday and delayed on Tuesday. While activity was limited inside the chambers, advocacy work, bill drafting, and behind-the-scenes negotiations continued at a rapid pace. 

This update summarizes where things stand on major environmental, energy, and water issues and what we expect in the days ahead.

Data Centers, Water Use & Local Control

Data centers continue to be one of the most active and consequential issues of the 2026 legislative session, particularly when it comes to water use, energy demand, and local control.

The Legislative Rulemaking Committee meeting was held on January 28, 2026, at 5:30 PM to address changes to the data center rule.

WVEC has provided potential amendments to the rule creating guidelines certified microgrids, 145-20, which was required under last year’s HB 2014. Our proposed amendments suggest the required Letter of Intent go beyond its current scope, requiring a public comment period before microgrid approval, and addressing confidentiality provisions that currently limit public transparency. Currently, WVEC is seeking additional legislators willing to support and introduce these amendments on the House or Senate floor.

Public concern around data centers remains high. The West Virginia Department of Commerce received more than 900 public comments related to data center and microgrid development, underscoring the level of public interest and unease surrounding these projects.

WVEC is continuing to work with stakeholders and legislators on new data center legislation focused on water use,  strengthening local control, and ensuring fair property tax distribution.

Ohio River Protection

Senate Resolution 7, sponsored by Senator Mike Oliverio (R-Monongalia), passed the Senate last week. This resolution encourages Congress to adopt The Ohio River Act, co-sponsored by Rep. Carol Miller (R-WV). The bill would offer federal resources for recreation/access/tourism to the Ohio River Basin. WVEC is actively working to secure a House sponsor. 

Coalfield Communities & Drinking Water Infrastructure

Legislative conversations about Southern West Virginia’s ongoing drinking water and infrastructure crisis continue. Proposals include expanding Rainy Day Fund eligibility to include public health emergencies, as well as creating a dedicated funding stream for water infrastructure projects in Southern West Virginia. We are monitoring for a bill to be introduced.

Anti-Science Legislation (SB 475)

An amended version of SB 475 continues to raise serious concerns. While the coal industry is expected to remain neutral this session after provisions they opposed were removed, the National Chamber of Commerce is actively supporting the bill.

The current version targets PFAS and would limit the state’s ability to respond to emerging contaminants. WVEC and its partners are developing strategies to stop this bill from advancing yet again. 

Community Air Monitoring (SB 88)

WVEC met with members of the Senate Government Organization Committee and stakeholders regarding SB 88. While the bill has not gained significant traction to date, WVEC will continue monitoring and engaging with legislators to defeat this bill. 

Flood Resiliency

Flood resiliency remains a priority for WVEC and our partners. The WVEC Lobby Team continues to work with legislators  and the WV Flood Resiliency Office to draft a bill that would address the need to fund flood resiliency efforts. 

SB 390, which established the $10 million dollar flood sensor warning system, passed the Senate this week. HB 4018 continues to move forward, with Delegate Hornbuckle (D-Cabell) and other delegates  prepared to raise concerns in House Finance, should it be put back on the agenda. 

Public Lands & Outdoor Access

Concerns remain with HB 4126, the State Park Endowment Fund Bill, that maintenance funds could be diverted to general operations or new projects. We have sent amendment language to the bill’s sponsor, to ensure that any operating funds remain under existing trust fund restrictions.

WVEC continues to oppose SB 118, which would establish a forest carbon registry. The Nature Conservancy is also actively lobbying against this bill, which has passed the Senate Energy Committee.

HB 4013 – Tax Credit Expansion

HB 4013 was pulled from the House Finance agenda this week, with lawmakers concerned about the broad nature of the language. Member groups messaging against this bill highlights the contrast between large tax breaks for data centers and other facilities and the rising costs faced by ratepayers. This bill is part of House leadership’s broader economic development agenda, and the list of eligible facilities extends well beyond data centers. We will continue to monitor its development and movement. 

SB 641 – Above Ground Storage Tanks

One of the most troubling bills introduced this week is SB 641, which would alter the definition of an aboveground storage tank under West Virginia law. This is a bill WVEC and our partners have fought every year since the 2014 chemical spill in Charleston.

The bill once again aims to weaken protections for tanks located in Zones of Critical Concern (ZCC) closest to our drinking water intakes. Currently in Wayne County, residents are nearing three weeks without drinking water as a result of a toxic material leak from a  storage tank that was previously removed from a ZCC. 

Instead of fixing these failures, SB 641 would push even more tanks out of regulation. This is how disasters repeat.

WVEC is preparing to strongly oppose this bill. Look out for upcoming action alerts. 

Looking Ahead

E-Day will be held February 23, 2026, at the State Capitol. 

If you have questions about any of the issues above or would like to get involved, please contact the WVEC lobby team: Lucia and/or Kasey