Week of February 2, 2026
This Week at the Capitol
The WVEC lobby team was busy this week advancing conversations on data center and microgrid policy, flood resiliency, and water protection. We met with Senate President Smith, Senator Maynard, Senator Oliverio, Senator Queen, and Delegate Criss, along with numerous informal conversations with legislators and staff in both chambers.
Data Centers, Water Use & Local Control
The data center rule package was debated this week in the House Environment Subcommittee. The discussion was thoughtful, with Delegates raising strong questions about water use, local control, transparency, and community impacts.
WVEC has provided draft amendments around water use to several delegates on the committee and continues to work closely with lawmakers interested in improving the state’s existing data center framework. We have also been in active conversations with members of the Coalfields delegation regarding water availability and the potential impacts of data center development in southern West Virginia. WVEC remains committed to ensuring that if data centers come to West Virginia, it is done in a responsible way- designed with strong safeguards, local input, and responsible water use.
Ohio River Protection
As previously reported, Senate Resolution 7, sponsored by Senator Mike Oliverio, passed the Senate. WVEC is working to secure House sponsors and feels optimistic that the resolution will be introduced early next week.
Southern coalfields communities have struggled with clean water access for years. Graphic submitted courtesy of the West Virginia Faith Collective.
Coalfield Communities & Drinking Water Infrastructure
Legislative conversations continue around addressing southern West Virginia’s ongoing drinking water and infrastructure crisis. Proposals under discussion include expanding Rainy Day Fund eligibility to cover public health emergencies and establishing a dedicated funding stream for water infrastructure investments in coalfield communities. WVEC is monitoring developments closely and expects legislation to be introduced, led by Delegates Green and A. Hamilton.
Anti-Science Legislation (SB 475)
There has been no movement on SB 475 this week. As reported previously, this bill targets PFAS and would limit the state’s ability to respond to emerging contaminants. WVEC and partner organizations are continuing to develop strategies to prevent this bill from advancing.
Community Air Monitoring (SB 88)
No update this week. WVEC will continue to monitor this bill and engage as necessary to ensure it does not move forward.
Flood Resiliency
Flood resiliency remains a top priority. According to House Finance Chairman Criss, the House will focus on SB 390 rather than the companion House bill. SB 390, which gives the Flood Resiliency Office more flexibility when it comes to using the fund, which has yet to be funded by a Governor/Legislature despite the obvious need for us to focus on flood resiliency and prevention. If SB 390 passes, the Governor, through his floor resiliency office and subsequent team would establish a $10 million AI flood sensor and early-warning system. WVEC continues to explore additional funding opportunities either through legislation or other creative mechanisms for much-needed flood resiliency projects across the state.
A winding path is bordered by trees in the West Virginia wilderness. Photographed by Forest Wander Photography.
Public Lands & Outdoor Access
WVEC met with House Finance Chairman Criss to discuss HB 4126, the State Park Endowment Fund bill. 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.
WVEC continues to oppose SB 118, which would establish a Forest Carbon Registry. The Nature Conservancy is also actively opposing this bill. SB 118 has passed the Senate Energy Committee, but has not yet appeared on the Senate Finance Committee agenda.
Senator Woodrum introduced SB 708, the River Access bill, as well as SB 487, a comprehensive statewide trails bill. WVEC supports both measures and will work to have them placed on the appropriate committee agendas.
As expected, Senator Mark Maynard has introduced several ATV-related bills, including SB 770 (Off-Highway Motor Vehicle Recreation Act) and SB 777 (Outdoor Americans with Disabilities Act). WVEC staff will meet with Senator Maynard on February 18 to discuss these and other proposals.
Tax Credit Expansion (HB 4013)
HB 4013 has not returned to the House Finance Committee agenda after being removed more than a week ago. The bill is part of House leadership’s broader economic development agenda and would expand tax credits to a wide range of facilities. The Finance Committee received more than 800 public comments raising concerns about the scale of proposed tax breaks. WVEC will continue to monitor the bill closely.
Aboveground Storage Tanks (SB 641)
SB 641, which would alter the definition of an aboveground storage tank, has not moved this week. WVEC and its partners have opposed similar legislation every year since the 2014 chemical spill in Charleston. The bill would further weaken protections for tanks located in Zones of Critical Concern near drinking water intakes. With residents in Wayne County still without drinking water after weeks due to a toxic leak, WVEC strongly opposes SB 641 and will be issuing action alerts if it advances.
Looking Ahead
WVEC’s Environmental Day (E-Day) will be held on February 23, 2026, at the State Capitol beginning at 9 a.m.
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
