A data center that meets the high-impact definition must notify the Division of Economic Development within 30 days after determining that it qualifies, or when it reasonably anticipates qualifying in the future.

A certified high-impact data center’s owner or operator must file a sworn annual property return with the Board of Public Works by May 1, covering the preceding calendar year and providing information needed to determine the property’s value.

High-impact data center property and related leasehold or other property interests may not receive a payment in lieu of taxes.

No tax increment financing project, plan, or arrangement may be entered into or undertaken for high-impact data center property.

Certified high-impact data centers must pay ad valorem real and personal property taxes at the same millage rates as other businesses in the county and municipality.

Certified high-impact data centers must pay applicable municipal service fees and utility rates, fees, and charges for services such as water, sewer, stormwater, garbage, and recycling; capacity or impact fees may also apply when the utility must make capital improvements to serve the project.

Certified high-impact data centers must design, acquire, construct, and equip their facilities in accordance with the State Building Code.

A microgrid customer seeking a special utility contract must first negotiate with the applicable electric utility for up to 120 days; if negotiations fail, the customer may petition the Public Service Commission, which must establish the special contract within 90 days.

A plant or facility using the microgrid program must constitute new electric load. It generally must not have previously received service from a regulated West Virginia utility unless it is making a capital investment in a new facility, and a new investment may not reduce the load of an existing in-state facility.

Electricity generated within a certified microgrid district may be used only within the district or delivered to the wholesale market, and no more than 10 percent may be delivered outside the district to the wholesale market.

Electricity generation, transmission, and distribution costs associated with serving a microgrid district must be borne by the generator or consumers within the district rather than by regulated utility customers outside the district.

A microgrid district may not exceed 2,250 acres and must be nearly contiguous; certification also requires, among other things, that the district attract at least two businesses and demonstrate a significant positive economic impact on West Virginia.

The high-impact data center tax provisions sunset and cease to have effect on or after December 31, 2055.

The High Impact Data Center Program provides a streamlined certification process: qualifying facilities must have at least 90 megawatts of critical IT load and be placed into service on or after July 1, 2025, and the Secretary of Commerce must issue certification confirmation within 14 days after receiving the required notification. 90 megawatts total or higher within 14 days

The Department of Commerce must assist certified high impact data centers with development and operation and designate a Data Economy Liaison as a single point of contact to coordinate and expedite site selection and permitting. coordinate and expedite their development and operation

Counties and municipalities are barred from adopting or enforcing ordinances, regulations, or rules that limit the creation, acquisition, construction, equipping, development, expansion, or operation of a certified high impact data center. limit, in any way

Certified high impact data centers are exempt from county and municipal zoning, land-use, noise, lighting, viewshed, development, building-permitting, inspection, code-enforcement, and licensing requirements, and generally cannot be subjected to local approval or consent requirements. may not be subject to

The Department of Commerce, Department of Environmental Protection, and Department of Transportation may support certified projects by developing or improving highways, roads, thoroughfares, and sidewalks in the counties or municipalities where they are located. development or improvement of such highways, roads, thoroughfares, and sidewalks

A certified microgrid district may provide electricity to businesses located in the district without being subject to Public Service Commission jurisdiction over rates, certificates of convenience and necessity, conditions of service, or complaints, and may avoid ordinary net-metering and interconnection standards. The provider may also qualify as an exempt wholesale generator under federal law. not be subject to the jurisdiction of the Public Service Commission

Eligible facilities in a certified microgrid district may receive special utility contracts and rates, including backup and supplemental service. After up to 120 days of negotiations, the customer may petition the Public Service Commission, which must establish the special contract within 90 days. shall establish a special contract

A facility locating in a certified microgrid district qualifies as eligible new electric load if it has not previously received service from an in-state regulated utility or is making a capital investment in a new facility. Using a public utility for initial construction does not eliminate new-load eligibility. initial construction and development

Regulated utility customers cannot be charged for generation, transmission, or distribution facilities serving a certified microgrid district; those costs must be borne by the generator or consumers within the district. The district may deliver no more than 10 percent of generated electricity outside the district, and only to the wholesale market. shall not bear any costs

For utilities serving certified projects, service rates, fees, and charges must be based on the cost of providing the service; capacity or impact fees are limited to capital additions needed to serve the project; and customers outside the project cannot bear construction or operating costs for utility property built solely to serve it. based on the cost of providing such service

Business information identified as confidential by a data center is exempt from the Freedom of Information Act, and the Secretary of Commerce must take reasonable steps to protect it. exempt from the Freedom of Information Act

When a certified high impact data center produces a positive tax increment, 30 percent of the increment is distributed to the situs county, 10 percent to all counties on a per-capita basis, 5 percent to the Economic Enhancement Grant Fund, and 5 percent to the Electric Grid Stabilization and Security Fund; the remaining 50 percent goes to the Personal Income Tax Reduction Fund. 50 percent of the increment

A data center using the Certified Microgrid Program must obtain state certification and satisfy the program’s application, technical, ownership, and operating requirements before using the microgrid.

Microgrid certification requires a finding of significant positive economic impact and that certification is necessary to attract at least two businesses.

The Secretary of Commerce generally may certify no more than two microgrid districts, except when more than 70% of a district’s electricity is or will be consumed by one or more high-impact data centers after completion and full operation.

A microgrid district may cover no more than 2,250 acres and must be nearly contiguous.

A microgrid district must attract at least two businesses, and no more than 10% of its generated electricity may be delivered outside the district; any outside delivery must be to the wholesale market.

A data center using a microgrid must constitute new electric load; the investment may not be accompanied by a reduction in the load of an existing facility outside the district.

Electric service in the district may not be used to encourage businesses already receiving service from a regulated West Virginia utility to relocate into the district.

Before seeking district certification, an applicant generally must make and document good-faith efforts to negotiate electricity supply with the local distribution utility for at least 120 days. This does not apply to a district proposing at least 300 megawatts of generation or no connection to the local utility after construction.

A microgrid customer seeking a special utility contract must negotiate for up to 120 days before petitioning the Public Service Commission; if negotiations fail, the commission must establish the contract within 90 days. Load not covered by a backup or supplemental-service contract is treated as non-firm and interruptible.

Certified microgrids must meet specified generation, reliability, interconnection, metering, and operating standards and remain compliant while operating; noncompliance can jeopardize certification and related tax benefits.

Projects using a certified microgrid remain subject to applicable Public Service Commission review and utility-interconnection requirements, including requirements concerning service, rates, and related facilities.

Interconnection, generation, transmission, distribution, grid-related, energy-related, capacity-related, and other facilities costs serving the district may not be charged to regulated utility customers outside the district and must instead be paid by the generator or electricity consumers within the district.

A data center that meets or anticipates meeting the high-impact definition must notify the Division of Economic Development within 30 days after determining or reasonably anticipating that it qualifies, including information about the definition’s elements and actual or expected power consumption.

Owners or operators of high-impact data center property must file a signed and sworn property return with the Board of Public Works by May 1 each year for the preceding calendar year.

Certified high-impact data centers and their owners, tenants, lessees, or licensees must pay applicable business and occupation taxes, municipal sales and use taxes, ordinary ad valorem property taxes, municipal service fees, utility charges, and certain capacity or impact fees.

Certified high-impact data centers may not use payment-in-lieu-of-tax arrangements or tax-increment-financing projects for property subject to the measure’s special tax-distribution rules.

A certified high-impact data center must be designed, acquired, constructed, and equipped under the State Building Code and the corresponding state rule.

Creates a High Impact Data Center Program to support the development, construction, operation, maintenance, and expansion of qualifying high impact data centers.

Requires the Secretary of Commerce to certify a qualifying high impact data center within 14 days after receiving its required notification.

Provides a property-tax credit for qualifying investment in certified-microgrid property, subject to eligibility, application, calculation, and recapture requirements.

Allows qualifying data centers to obtain state certification for on-site or interconnected microgrids that generate, store, and distribute electricity to the data center and other authorized users.

Allows a certified microgrid to provide electricity through its own private distribution system without being treated as a traditional public utility, subject to certification and operating requirements.

Exempts certified microgrid projects from specified Public Service Commission requirements and proceedings governing utility generation, transmission, distribution, rates, service conditions, certificates, and complaints.

Allows certified microgrids to own and operate generation, energy-storage, and related distribution facilities needed to supply their customers.

Allows a data center making a capital investment in a new or expanded facility within a certified microgrid district to receive district-generated electricity without connecting to or using a public electric utility; temporary construction service does not defeat eligibility.

Permits a high impact data center to locate in a certified microgrid district and receive electricity from on-site or district generation. The district may cover up to 2,250 nearly contiguous acres, and its electricity generally must be used within the district or sold to the wholesale market.

Permits electricity generators in certified microgrid districts to elect exempt-wholesale-generator status and avoid specified state siting-certificate requirements when supplying a utility or regional transmission organization.

Allows a microgrid customer to negotiate a special utility contract with rates and service terms different from the utility tariff. If negotiations fail within 120 days, the customer may petition the Public Service Commission, which must act within 90 days; the process can include backup and supplemental service, with uncovered load treated as non-firm and interruptible.

Provides a parallel special-contract process for a certified microgrid district, including backup and supplemental service and a Commission order within 90 days after a petition, provided the district gives the local utility reasonable access and connection terms.

Prevents regulated electric-utility customers from being charged for generation, transmission, distribution, grid, energy, capacity, operational, or ancillary-service costs associated with facilities serving a microgrid district; those costs must be paid by the generator or district consumers.

Preempts county and municipal regulation of certified high impact data centers and prohibits local governments from adopting rules limiting their creation, construction, development, expansion, or operation.

Exempts certified high impact data centers and certified microgrid districts from specified county and municipal zoning, noise, lighting, development, land-use, building-permitting, inspection, code-enforcement, and licensing requirements.

Allows a qualifying data center to use the State Building Code instead of local building-code permitting and enforcement, while still requiring design, construction, and equipment work to comply with the State Building Code.

Establishes a Data Economy Liaison as a single state point of contact to coordinate and expedite certified data center development and operation, including site selection and permitting.

Authorizes the Departments of Commerce, Environmental Protection, and Transportation to support certified data center projects, including developing or improving highways, roads, thoroughfares, and sidewalks serving them.

Creates an Electric Grid Stabilization and Security Fund that may support grid stabilization, security, generation maintenance and upgrades, and transmission resources serving West Virginia ratepayers; five percent of positive tax increments from high impact data centers is directed to the fund.

Supports continued electric-generating capacity by requiring utility capacity planning, coal-supply and plant-maintenance measures, and Public Service Commission approval before a generating plant or unit may be permanently closed.

Protects confidential business, financial, engineering, generation, load, utility, and customer information submitted for data center or microgrid certification from disclosure under the Freedom of Information Act or requires it to be held confidentially.

Preserves the certification and associated rights of certified microgrids unless statutory requirements are violated or the certification is otherwise revoked; districts certified on or before January 1, 2024, and special contracts approved on or before January 1, 2025, receive additional protection from specified 2025 amendments.

A data center that meets or expects to meet the high-impact definition must notify the Division of Economic Development within 30 days after determining that it qualifies, or when it reasonably anticipates qualifying in the future. The notification must include information about the facility's requirements, including known or expected power consumption.

A high-impact data center must be certified by the Secretary of Commerce, and eligibility requires a critical IT load of at least 90 megawatts in the aggregate and placement into service on or after July 1, 2025.

A microgrid serving a data center must satisfy certification conditions, including demonstrating significant positive economic impact, being necessary to attract at least two businesses, occupying no more than 2,250 acres in a nearly contiguous area, and using generated electricity within the district or delivering it to the wholesale market.

Before seeking certification for most microgrid districts, the applicant must make good-faith efforts for at least 120 days to negotiate with the local distribution utility for some or all of the project's electricity needs. This requirement does not apply to a microgrid proposing to produce at least 300 megawatts or one that will not connect to the local distribution utility after construction.

Electricity supplied within a certified microgrid generally must serve new electric load. A facility is ineligible if its new investment decreases the load of an existing facility outside the microgrid in West Virginia, and microgrid service may not be used to encourage an existing regulated-utility customer to relocate into the district.

A certified microgrid may deliver no more than 10 percent of its generated electricity outside the district, and that electricity may be delivered only to the wholesale market.

A microgrid customer seeking a special utility contract must negotiate with the local distribution utility for up to 120 days before petitioning the Public Service Commission. Load not covered by a backup or supplemental-service contract is treated as non-firm and interruptible.

Regulated utility customers outside a microgrid may not be charged for generation, transmission, distribution, grid-related, energy-related, ancillary-service, or capacity costs associated with facilities serving the microgrid. Those costs must be paid by the generator or electricity consumers within the microgrid.

Certified microgrids and high-impact data centers must pay applicable business and occupation taxes, municipal sales and use taxes, ad valorem real and personal property taxes, municipal service fees, and utility charges. They must also pay capacity or impact fees to the extent needed capital improvements are required to serve the project.

The measure prohibits new payments in lieu of taxes and tax-increment-financing projects involving property subject to the certified microgrid or high-impact data-center provisions.

Owners or operators of high-impact data-center property and microgrid power generators supplying such centers must file an annual property return with the Board of Public Works by May 1 covering the preceding calendar year.

Certified microgrids and high-impact data centers must be designed, constructed, and equipped under the State Building Code and applicable state building-code rules, even though county and municipal building permits and local code enforcement do not apply.

Creates a High Impact Data Center Program within the Division of Economic Development to support the development, construction, operation, maintenance, and expansion of qualifying data centers (High Impact Data Center Program).

Allows a data center to notify the Division of Economic Development when it meets, or expects to meet, the high-impact definition, and requires the Secretary of Commerce to issue certification confirmation within 14 days after receiving the notification (within 14 days). The center must have a critical IT load of at least 90 megawatts and be placed into service on or after July 1, 2025.

Protects confidential business information submitted by a data center from disclosure under the Freedom of Information Act (confidential business information).

Creates a Certified Microgrid Development Program through which the Secretary of Commerce may certify microgrid districts that will have a significant positive economic impact, are necessary to attract at least two businesses, are no larger than 2,250 acres, are nearly contiguous, and use generated electricity within the district or sell it to the wholesale market (no greater than 2,250 acres).

Permits electric generation and distribution within a certified microgrid district to operate outside Public Service Commission jurisdiction for rates, certificates of convenience and necessity, service conditions, and complaints, and exempts the facilities from state net-metering and interconnection standards (not be subject to the jurisdiction of the Public Service Commission).

Allows a microgrid power supplier to elect federal exempt-wholesale-generator status and avoid specified Public Service Commission siting-certificate requirements when supplying power to a utility or regional transmission organization (exempt wholesale generator).

Allows certified microgrids to provide electricity to businesses making a capital investment in a new or expanded facility, while limiting outside delivery to no more than 10 percent of electricity generated and only to the wholesale market (not deliver outside the microgrid district more than 10%).

Treats qualifying data centers and other facilities as eligible new electric load if they have not previously received in-state regulated utility service or are making a capital investment in a new facility; they generally need not connect to or use a public electric utility, and temporary utility service for construction does not disqualify them (not required to connect with and use any public electric utility).

Allows microgrid customers to negotiate special utility contracts, including rates and backup or supplemental service; if negotiations fail after 120 days, the customer may petition the Public Service Commission, which must establish a contract within 90 days (negotiations result in an agreement).

Bars regulated utility customers outside a microgrid district from bearing costs associated with generation, transmission, or distribution facilities that provide service to the district; those costs must be paid by the generator or microgrid consumers (shall not bear any costs).

Requires the Department of Commerce to assist certified microgrid districts and high-impact data centers and to appoint a Data Economy Liaison as a single point of contact to coordinate and expedite development and operation, including site selection and permitting (single point-of-contact).

Prevents counties and municipalities from limiting certified microgrid districts or high-impact data centers through local ordinances, and exempts them from local zoning, land-use, noise, lighting, development, building-permit, inspection, code-enforcement, and licensing requirements (may not be subject to).

Removes the need for municipal consent or approval for specified state or county actions involving certified microgrid districts or high-impact data centers, including tax-increment-financing actions (formal consent of the governing body of a municipality).

Authorizes the Departments of Commerce, Environmental Protection, and Transportation to support certified projects, including developing or improving highways, roads, thoroughfares, and sidewalks serving project locations (development or improvement of such highways, roads, thoroughfares, and sidewalks).

Requires utilities serving certified projects to charge cost-based utility rates and limits capacity or impact fees to capital improvements actually needed to serve the project; utility customers outside the microgrid district may not bear construction or operating costs for new utility property built solely for the district (only be required to pay any capacity improvement fee or impact fee).

Creates the Electric Grid Stabilization and Security Fund, which may finance grid stabilization, efficiency and environmental upgrades, maintenance of utility-owned coal and natural-gas generation, and transmission resources serving West Virginia ratepayers (electric grid stabilization for regulated utilities and grid security).

Requires the Public Service Commission to require utilities to maintain thermal baseload generating units so they can achieve at least a 69 percent capacity factor when doing so does not increase charges above the established tariff (at least a sixty-nine percent capacity factor).

Requires each generating public utility to plan coal deliveries and use so that each coal-fired plant maintains an average annual minimum 30-day aggregate coal supply on site (average annual minimum 30-day aggregate coal supply).

Requires the Public Service Commission to require integrated resource plans to include plant upgrade and maintenance plans and analyses of extending generating-unit lives beyond planned retirement dates, supporting continued generation capacity for large electric customers (extend the life of each generating unit beyond their planned retirement date).

Prevents a public electric utility from retiring, abandoning, closing, or permanently disabling an electric generating plant or unit without prior Public Service Commission approval, and bars specified state funds and bonds from being used for such closure activities (may not retire, abandon, close).

A data center meeting the high-impact threshold—an aggregate critical IT load of at least 90 megawatts and placed into service on or after July 1, 2025—must be certified under the program. 90 megawatts total or higher

A high-impact data center must submit a certification petition within 30 days after learning that it meets, or will meet, the statutory definition, creating an additional state approval process. within thirty (30) days

The high-impact data center petition must contain specified economic, financial, engineering, location, power, milestone, proximity, and geological information and must comply with five-page, double-spacing, 12-point Times New Roman, justified-text, and one-inch-margin requirements. Sufficient economic, financial, and engineering information

The Secretary may require additional information or verification from the applicant or relevant utilities before deciding a high-impact data center petition, and the 14-day decision period is extended for the time needed to provide it. may request additional information

A certified high-impact data center must file an annual status report confirming that it continues to satisfy the high-impact definition. file an annual report

Certification does not exempt a high-impact data center from otherwise applicable state and federal environmental regulations. otherwise applicable state and federal environmental regulations

Certified high-impact data centers must be designed, acquired, constructed, and equipped under the State Building Code. pursuant to the State Building Code

Certified high-impact data centers must pay applicable business and occupation taxes, municipal sales and use taxes, ad valorem real and personal property taxes, municipal service fees, and utility charges. Pay business and occupation tax

A developer must pay utility capacity-improvement or impact fees to the extent the utility must make capital additions, betterments, or improvements to serve the project, and must pay utility rates and charges for water, sewer, stormwater, garbage, and related services. only be required to pay any capacity improvement fee or impact fee

A facility using a certified microgrid must qualify as new electric load; it cannot reduce the load of an existing facility outside the microgrid in connection with the new investment. must constitute new electric load

Electricity generated within a certified microgrid must be used inside the district, except that no more than 10 percent may be delivered outside the district and only to the wholesale market. Not deliver outside the microgrid district more than 10%

A microgrid operator may not solicit businesses already receiving electricity from a regulated West Virginia utility to relocate to the certified microgrid district. encouraging businesses already receiving electric service

Before seeking microgrid certification, the applicant generally must make good-faith efforts to negotiate for electricity from the local distribution utility at least 120 days in advance. The requirement does not apply to projects proposing at least 300 megawatts of generation or permanent disconnection from that utility. At least 120 days before submitting

A proposed microgrid district must be no larger than 2,250 acres of nearly contiguous property, and the petitioner must own and control the property subject to certification. shall not exceed 2,250 acres

A microgrid letter of intent must be filed before the petitioner applies for any state or federal permit associated with the microgrid project, creating a sequencing requirement before permitting can proceed. prior to Petitioner filing an application for any state or federal permit

The Secretary generally may certify no more than two microgrid districts, although that limit does not apply when more than 70 percent of the district's electricity is or will be consumed by high-impact data centers. may not certify more than two microgrid districts

A certified microgrid district must file annual reports stating the electricity supplied monthly to high-impact data centers, electricity sent outside the district to the wholesale market, and changes in tenants or customers. shall file an annual report

Certified high impact data centers may use an expedited certification process: the Secretary must decide a petition within 14 days, subject to extensions for requested information or the petitioner's request. within 14 days

Certified microgrid districts and certified high impact data centers are exempt from county and municipal zoning, land-use, noise, lighting, viewshed, development, building-permit, inspection, code-enforcement, and licensing requirements. may not be subject to

Counties and municipalities are barred from adopting or enforcing local laws that limit the creation, construction, acquisition, development, expansion, or operation of a certified microgrid district or certified high impact data center. prohibits

The Department of Commerce must assist certified projects and designate a Data Economy Liaison as a single point of contact to coordinate and expedite development and operation, including site selection and permitting. single point-of-contact

The Departments of Commerce, Environmental Protection, and Transportation may support certified projects by developing or improving highways, roads, thoroughfares, and sidewalks serving the project. development or improvement

A data center in a certified microgrid district may receive electricity from generation or distribution facilities inside the district without the provider being subject to Public Service Commission rate, certificate-of-convenience-and-necessity, service-condition, or complaint jurisdiction, and without ordinary net-metering and interconnection standards. not be subject to the jurisdiction

A microgrid customer is not required to connect to or use a public electric utility; use of a public utility during initial construction does not eliminate its status as new electric load. not required to connect

Certified microgrid customers may negotiate special electric-service contracts with the local utility, including backup and supplemental service; if negotiations fail, the Public Service Commission must establish a contract within 90 days. shall establish a special contract

Electricity used by a certified microgrid data center is treated as eligible new electric load if it comes from a customer that has not previously received service from a regulated utility in West Virginia or is associated with a new facility investment, subject to the condition that the investment does not reduce an existing out-of-district facility's load. eligible new electric load

Utility service charges for certified projects, including water, sewer, stormwater, and garbage services, must be based on the cost of providing the service; capacity or impact fees are limited to capital additions required to serve the project. based on the cost of providing such service

Customers outside a certified microgrid district may not be charged for construction or operating costs of generation, transmission, or distribution facilities that provide electric service to the district; those costs must be borne by the generator or customers within the district. shall not bear any costs

A microgrid district whose generation is more than 70% consumed by one or more high impact data centers is exempt from the statutory limit allowing the Secretary to certify no more than two microgrid districts. greater than 70%

Certified-project filings are confidential, and the Secretary must establish a process to protect letters of intent and petitions from disclosure. deemed confidential

A microgrid district may deliver up to 10% of its generated electricity outside the district directly to the wholesale market, while the remaining generation must be used within the district. maximum of 10%

A data center that meets, or reasonably anticipates meeting, the high-impact definition must notify the Division of Economic Development within 30 days and provide information about the definition's elements, including known or expected power consumption (within 30 days).

Owners or operators of high-impact data center property must file a signed and sworn annual property return with the Board of Public Works by May 1 (On or before May 1 in each year).

Certified high-impact data centers must pay applicable business and occupation taxes, municipal sales and use taxes, ad valorem property taxes at the same millage rates as other businesses, municipal service fees, and utility rates and charges; capacity or impact fees may apply when utility capital improvements are needed to serve the project (Pay business and occupation tax).

Certified high-impact data centers must be designed, acquired, constructed, and equipped in compliance with the State Building Code (pursuant to the State Building Code).

No payment-in-lieu-of-taxes arrangement or tax-increment-financing project may be entered into for property subject to the high-impact data center tax provisions (no payment in lieu of taxes shall be entered into).

A data center seeking service as a microgrid customer must constitute new electric load: it generally cannot reduce the load of an existing in-state facility in connection with the new investment, and an existing business cannot relocate merely to obtain microgrid service (does not decrease the load of an existing facility).

A microgrid customer seeking a special electric-service contract must first negotiate with the utility for up to 120 days; if no agreement is reached, it must petition the Public Service Commission, and load not covered by backup or supplemental service is treated as non-firm and interruptible (within 120 days).

Electricity generation, transmission, and distribution costs associated with serving a microgrid district cannot be charged to regulated utility customers outside the district; those costs must be paid by the generator or electricity consumers within the district (shall not bear any costs).

Creates the High Impact Data Center Program within the Division of Economic Development to encourage the development, construction, operation, maintenance, and expansion of qualifying data centers. High Impact Data Center Program

Requires the Secretary of Commerce to certify a qualifying high impact data center and issue confirmation within 14 days after receiving the required notification. Certification is available only to facilities meeting the statutory definition, including an aggregate critical IT load of at least 90 megawatts and placement into service on or after July 1, 2025. issue confirmation of certification

Protects business information submitted by a data center if identified as confidential business information by exempting it from the Freedom of Information Act and requiring the Secretary to take reasonable steps to protect it. confidential business information

Requires the Department of Commerce to assist certified high impact data center projects and designate a Data Economy Liaison as a single point of contact to help coordinate and expedite development and operation, including site selection and permitting. single point-of-contact

Prevents counties and municipalities from adopting or enforcing rules that limit the creation, acquisition, construction, equipping, development, expansion, or operation of a certified high impact data center. Certified projects are also exempt from local zoning, land-use, noise, lighting, development, building-permitting, inspection, code-enforcement, and licensing requirements. The State Building Code still applies. may not be subject to

Authorizes the Departments of Commerce, Environmental Protection, and Transportation to take actions supporting certified projects, including developing or improving highways, roads, thoroughfares, and sidewalks serving the project area. may take actions necessary in support

Allows a certified microgrid district to provide electricity to eligible businesses without being subject to Public Service Commission jurisdiction over rates, certificates of convenience and necessity, conditions of service, or complaints; it also removes state net-metering and interconnection standards and allows qualifying wholesale generation without certain state siting certificates. Not be subject to the jurisdiction

Allows a microgrid customer in a certified microgrid district to negotiate a special contract with the local utility, including different rates and terms and backup or supplemental service. If negotiations fail after 120 days, the customer may petition the Public Service Commission, which must establish the special contract within 90 days. special contracts and rates

Treats a facility that has not previously received service from a regulated West Virginia utility or is making a capital investment in a new facility within the district as eligible new electric load, and allows an eligible facility to operate without connecting to or using a public utility. Temporary utility service for initial construction does not defeat eligibility. not required to connect with and use any public electric utility

Creates an exception to the general limit of two certified microgrid districts when more than 70 percent of the district’s generated electricity is consumed by one or more high impact data centers, or will be consumed by them once completed and operational. greater than 70% of the electricity generated

Requires that regulated utility customers outside a microgrid district not bear costs associated with generation, transmission, or distribution facilities serving the district; those costs must be borne by the generator or electricity consumers within the district. shall not bear any costs

Requires utility rates, fees, and charges for water, sewer, stormwater, garbage, recycling, and similar services used by a certified project to be based on the cost of providing the service, while limiting capacity or impact fees to costs for capital additions required to serve the project. based on the cost of providing such service

Only data centers certified by the Secretary of Commerce as certified high impact data centers receive the measure’s exemptions from local regulation and permitting.

Certified high impact data centers must pay applicable municipal business and occupation taxes, municipal sales and use taxes, and county and municipal ad valorem property taxes at the same rates as other businesses.

Certified high impact data centers must pay applicable county and municipal service fees, including fire, ambulance, police, sanitation, and city-service fees; they cannot be charged both county and municipal fire-protection fees.

Certified high impact data centers must pay utility rates, fees, and charges for services used during construction and operation, including water, sewer, stormwater, garbage, and recycling.

Utility service for a certified high impact data center must be provided under a Public Service Commission-regulated contract, and the developer may be required to pay capacity or impact fees when the utility must make capital additions, betterments, or improvements to serve the project.

Certified high impact data centers must be designed, acquired, constructed, and equipped in accordance with the State Building Code and State Rule 87 CSR 4.

The Department of Commerce must assist certified high impact data centers and designate a Data Economy Liaison as a single point of contact to coordinate and expedite development and operation, including site selection and permitting.

Counties and municipalities may not enact, implement, or enforce ordinances, regulations, or rules that limit the creation, acquisition, construction, equipping, development, expansion, or operation of a certified high impact data center.

Certified high impact data centers are exempt from county and municipal zoning, horticultural, noise, viewshed, lighting, development, and land-use ordinances, restrictions, limitations, and approvals.

Certified high impact data centers are exempt from county and municipal building permitting, inspection, and code enforcement requirements.

Certified high impact data centers are exempt from county and municipal license requirements and generally from the legal jurisdiction of the county or municipality, except as specifically provided in the article.

A municipality may not be required to consent to or approve state or county actions involving a certified high impact data center, including the establishment of tax increment financing districts or approval of related plans.

Utility rates, fees, and charges for services used by a certified high impact data center must be based on the cost of providing the service, and the utility must enter into and file a special contract with the Public Service Commission.

A certified high impact data center must pay a capacity-improvement or impact fee only to the extent that the utility must design, acquire, construct, and equip capital improvements to provide service to the project.

Utility customers outside a microgrid district may not bear construction or operating costs for new utility property built solely to provide service within the district.

A certified high impact data center may not be required to pay both county and municipal fire-protection fees.

Certified high impact data centers are entitled to police and fire protection, if available, in the same manner as other businesses or commercial ventures in the county or municipality.

The Department of Commerce, Department of Environmental Protection, and Department of Transportation may develop or improve highways, roads, thoroughfares, and sidewalks supporting a certified high impact data center.

A certified high impact data center may be designed, acquired, constructed, and equipped under the State Building Code and corresponding State Rule 87 CSR 4.

The Department of Commerce or its agencies, divisions, or subdivisions may adopt legislative or emergency rules to implement assistance for certified high impact data centers.

A data center that meets the high-impact definition must notify the Division of Economic Development within 30 days after determining that it qualifies, or when it reasonably anticipates qualifying in the future; the notification must address the definition's elements, including known or expected power consumption.

High-impact data-center status is limited to facilities with an aggregate critical IT load of at least 90 megawatts that are placed into service on or after July 1, 2025.

Owners or operators of high-impact data centers, and microgrid power generators supplying them, must file a sworn property return with the Board of Public Works by May 1 each year for the preceding calendar year.

Certified high-impact data centers and their owners, operators, tenants, lessees, or licensees must pay applicable business and occupation taxes, municipal sales and use taxes, ad valorem real and personal property taxes, municipal service fees, and utility charges.

Certified high-impact data centers and related property subject to the special tax-distribution rules may not use payment-in-lieu-of-tax arrangements or tax-increment-financing projects involving that property.

A certified data center must be designed, acquired, constructed, and equipped under the State Building Code and corresponding state rule 87 CSR 4.

Utility rates, fees, and charges for water, sewer, stormwater, garbage, recycling, and similar services must be based on the cost of providing service, and capacity or impact fees may be imposed when utility capital additions or improvements are required for the project.

Customers outside a microgrid district may not be charged construction or operating costs for utility property built solely to serve a microgrid district or its data centers.

To receive microgrid-related benefits, a data center must constitute new electric load and may not reduce the load of an existing facility outside the microgrid district in connection with the new investment.

A microgrid district applicant generally must make good-faith efforts to negotiate with the local distribution utility for at least 120 days before submitting its certification letter of intent and must document those efforts; the requirement does not apply to proposed microgrids producing at least 300 megawatts or remaining entirely unconnected to the local distribution utility after construction.

Electricity generated within a certified microgrid district may be used only within the district or sold to the wholesale market, and no more than 10 percent of generated electricity may be delivered outside the district.

A certified microgrid district seeking a special contract with the local distribution utility must negotiate for up to 120 days before petitioning the Public Service Commission; the district must also provide reasonable access and terms for the utility to connect its transmission or distribution facilities.

Creates the High Impact Data Center Program within the Division of Economic Development to administer state support for the development, construction, operation, maintenance, and expansion of qualifying data centers.

Allows a data center that meets the high-impact definition to notify the Division of Economic Development when it qualifies or is expected to qualify, including its expected power consumption, and requires the Secretary of Commerce to issue certification confirmation within 14 days.

Protects confidential business information submitted for data-center certification from disclosure under the Freedom of Information Act, while requiring public reporting to omit identifying information.

Requires the Department of Commerce to assist certified high impact data centers and designate a Data Economy Liaison as a single point of contact to coordinate and expedite development, including site selection and permitting.

Allows the Department of Commerce, Department of Environmental Protection, and Department of Transportation to support certified data-center projects through necessary highways, roads, thoroughfares, and sidewalk development or improvements.

Prevents counties and municipalities from adopting or enforcing rules that limit the creation, construction, equipping, development, expansion, or operation of a certified high impact data center.

Exempts certified high impact data centers from county and municipal zoning, land-use, noise, lighting, viewshed, development, building-permit, inspection, code-enforcement, and local-license requirements, subject to the exceptions specified in the act.

Requires municipalities, if available, to provide certified high impact data centers municipal police and fire protection on the same basis as other businesses.

Requires utility rates, fees, and charges for water, sewer, stormwater, garbage, recycling, and similar services provided to a certified data center to be cost-based and established through special contracts filed with the Public Service Commission.

Limits capacity or impact fees charged to a certified data center to the costs of capital additions, betterments, or improvements that the utility must make to serve the project, and prohibits outside utility customers from bearing construction or operating costs for utility property built solely for the project.

Allows an eligible retail electric customer located in a certified microgrid district to obtain a special utility contract with rates or terms different from the utility's tariff, including backup and supplemental service; if negotiations fail after 120 days, the customer may petition the Public Service Commission, which must act within 90 days.

Treats a qualifying facility in a certified microgrid district as new electric load when it has not previously received service from an in-state regulated utility or is making a capital investment in a new facility, provided the investment does not reduce the load of an existing out-of-district facility.

Allows an eligible facility in a certified microgrid district to operate without connecting to or using a public electric utility, while allowing temporary utility service for initial construction without losing new-load status.

Allows electricity generation and distribution within a certified microgrid district to operate outside Public Service Commission jurisdiction for rates, certificates of convenience and necessity, conditions of service, complaints, and state net-metering and interconnection standards, subject to the act's limits.

Permits a microgrid generator serving a certified data center to elect exempt-wholesale-generator treatment under federal law and avoid specified Public Service Commission siting-certificate requirements when supplying a utility or regional transmission organization.

Permits additional microgrid districts beyond the general two-district limit when more than 70 percent of the district's generated electricity is consumed by one or more high impact data centers, or is expected to be consumed after those data centers become fully operational.

Creates the Electric Grid Stabilization and Security Fund, which may support regulated-utility grid stabilization and security, generation maintenance and upgrades, and transmission resources serving West Virginia ratepayers, potentially supporting reliable service for data-center projects.

Requires regulated electric utilities to maintain an average annual minimum 30-day aggregate coal supply at each coal-fired plant and requires planning for future generation capacity, measures intended to support electric-system reliability for large loads.

A data center that meets, or reasonably anticipates meeting, the statutory definition of a high impact data center must notify the Division of Economic Development within 30 days after making that determination, or may provide the anticipated future date when compliance is expected. The notification must address the definition’s elements and known or expected power consumption.

High impact data centers must be identified and certified by the Secretary of the Department of Commerce after a finding that they satisfy the statutory definition, with confirmation issued within 14 days after the required notification.

Owners or operators of high impact data centers, and microgrid power generators supplying them, must file a signed and sworn property return with the Board of Public Works by May 1 each year covering the preceding calendar year.

Certified high impact data centers and their owners, operators, tenants, lessees, and licensees must pay applicable business and occupation taxes, municipal sales and use taxes, ad valorem real and personal property taxes at the same millage rates as other businesses, and applicable municipal and county service fees. They may not be required to pay both county and municipal fire-protection fees.

Certified high impact data centers must pay utility rates, fees, and charges for services used during construction and operation, including water, sewer, stormwater, and garbage or recycling collection. Utility contracts must be filed with the Public Service Commission, and capacity or impact fees may be imposed when utility capital improvements are required to serve the project.

Certified high impact data centers must be designed, acquired, constructed, and equipped in accordance with West Virginia’s State Building Code and the corresponding state rule.

Payment-in-lieu-of-tax agreements and tax-increment-financing projects, plans, or arrangements may not be entered into or undertaken for property subject to the high impact data center valuation provisions.

A high impact data center must have an aggregate critical IT load of at least 90 megawatts and must be placed into service on or after July 1, 2025 to qualify under the statutory definition.

A data center using a certified microgrid district must constitute new electric load. The customer generally must not have previously received service from an in-state regulated utility or must be making a capital investment in a new facility, and the investment may not reduce the load of an existing facility elsewhere in West Virginia.

A certified microgrid district seeking to obtain electricity from the local distribution utility generally must negotiate in good faith for at least 120 days before submitting its letter of intent. This requirement does not apply to a district proposing to produce at least 300 megawatts or to operate without any connection to the local distribution utility after construction.

A certified microgrid district seeking a special contract with a local distribution utility must negotiate for up to 120 days before petitioning the Public Service Commission. If negotiations fail, the commission establishes the contract, including backup and supplemental service, within 90 days; uncovered load is treated as non-firm and interruptible.

Electricity generated within a certified microgrid district generally may be used only within the district or sold to the wholesale market, and no more than 10 percent of the electricity generated may be delivered outside the district to the wholesale market.

Regulated electric utility customers may not be charged for construction, operational, ancillary-service, grid-related, energy-related, or capacity-related costs associated with generation, transmission, or distribution facilities serving a microgrid district; those costs must be borne by the generator or electricity consumers within the district.

Creates the High Impact Data Center Program within the Division of Economic Development to support the development, construction, operation, maintenance, and expansion of qualifying data centers, with authority to adopt legislative and emergency rules. creates the High Impact Data Center Program

Provides a state certification process for high impact data centers. A qualifying facility generally must have an aggregate critical IT load of at least 90 megawatts and be placed in service on or after July 1, 2025; the Secretary of Commerce must issue confirmation within 14 days after receiving the required notification. critical IT load in the aggregate of 90 megawatts total or higher

Requires the Department of Commerce to assist certified high impact data centers and designates a Data Economy Liaison as a single point of contact to coordinate and expedite development and operation, including site selection and permitting. single point-of-contact

Prevents counties and municipalities from adopting or enforcing ordinances, regulations, or rules that limit the creation, acquisition, construction, equipping, development, expansion, or operation of a certified high impact data center project. limit, in any way

Exempts certified high impact data centers from county and municipal zoning, noise, lighting, viewshed, land-use, development, building-permit, inspection, code-enforcement, and local-license requirements, as well as local jurisdiction except where the article specifically provides otherwise. may not be subject to

Removes requirements for municipal consent or approval for specified state or county actions involving a certified high impact data center, including tax-increment-financing actions. consent or approval of the municipality

Directs the Department of Commerce, Department of Environmental Protection, and Department of Transportation to take actions supporting certified projects, including developing or improving highways, roads, thoroughfares, and sidewalks serving the project. development or improvement of such highways, roads, thoroughfares, and sidewalks

Allows certified high impact data centers to receive municipal and county utility services under cost-based contracts filed with the Public Service Commission; capacity or impact fees are limited to capital additions required to serve the project, and outside utility customers may not bear costs for property built solely to serve a microgrid district. based on the cost of providing such service

Guarantees certified projects access to county or municipal police and fire protection when available, in the same manner as other businesses; the owner cannot be charged both county and municipal fire-protection fees. in no event shall

Permits a qualifying high impact data center to locate in a certified microgrid district as eligible new electric load, without being required to connect to or use a public electric utility; an initial construction connection does not eliminate new-load status. not required to connect with and use any public electric utility

Allows electricity providers within a certified microgrid district to avoid Public Service Commission jurisdiction over rates, certificates of convenience and necessity, conditions of service, and complaints; the provider may also use federal exempt-wholesale-generator status without specified state siting certificates. This applies only to service within the statutory limits, including the restriction that no more than 10 percent of generated electricity may be delivered outside the district to the wholesale market. Not be subject to the jurisdiction of the Public Service Commission

Allows a microgrid customer to negotiate a special electric-service contract with the local utility, including rates and backup or supplemental service that differ from the utility tariff. If negotiations fail after 120 days, the customer may petition the Public Service Commission, which must establish the contract and issue a final order within 90 days. including backup and supplemental service

Prohibits regulated electric-utility customers outside a certified microgrid district from bearing generation, transmission, distribution, grid, energy, ancillary-service, or capacity costs associated with facilities serving the district. shall not bear any costs

Provides confidentiality protection for business information submitted by a data center to the Division of Economic Development when the data center identifies it as confidential business information; that information is exempt from the Freedom of Information Act. shall be exempt from the Freedom of Information Act

A data center that meets, or reasonably anticipates meeting, the statutory definition of a high-impact data center must notify the Division of Economic Development within 30 days after making that determination, or may provide an anticipated future date when the threshold will be met.

High-impact data center status is limited to facilities with an aggregate critical IT load of at least 90 megawatts that are placed into service on or after July 1, 2025.

Owners or operators of high-impact data centers must file a sworn annual property return with the Board of Public Works by May 1 covering the preceding calendar year.

Data centers must pay applicable business and occupation taxes, municipal sales and service taxes, municipal use taxes, and ad valorem real and personal property taxes at the same millage rates applicable to other businesses.

Data centers must pay applicable county and municipal service fees, including fire, ambulance, police, sanitation, and city service fees; however, they cannot be charged both county and municipal fire-protection fees.

Data centers must pay utility rates, fees, and charges for water, sewer, stormwater, garbage, recycling, and other utilities used during construction and operation. Capacity or impact fees may be charged when utility capital improvements are needed to serve the project.

Certified data centers must be designed, acquired, constructed, and equipped in accordance with the State Building Code and State Rule 87 CSR 4.

No payment-in-lieu-of-taxes arrangement or tax-increment-financing project, plan, or arrangement may be entered into for property subject to the high-impact data center valuation provisions.

A certified high-impact data center seeking a special electric-service contract must first negotiate with the local distribution utility for up to 120 days; if negotiations fail, it may petition the Public Service Commission, which must issue a final order within 90 days.

The Department of Commerce must designate a "Data Economy Liaison" as a single point of contact to help coordinate and expedite certified high impact data center development and operation, including site selection and permitting. single point-of-contact

A data center that meets the statutory definition of a high impact data center can be certified by the Secretary of Commerce. The Secretary must issue confirmation within 14 days after receiving the required notification. within 14 days

Confidential business information submitted by a high impact data center is exempt from the Freedom of Information Act, subject to the Secretary maintaining a complete list of certified centers and nonidentifying information for the Governor and Legislature. exempt from the Freedom of Information Act

Counties and municipalities may not enact, implement, or enforce rules that limit the creation, construction, development, expansion, or operation of a certified high impact data center or certified microgrid district. may not ... limit, in any way

Certified high impact data centers and certified microgrid districts are excluded from county and municipal zoning, land-use, noise, lighting, viewshed, development, building-permit, inspection, code-enforcement, and licensing requirements. They also are outside local legal jurisdiction, except as otherwise provided in the article, and do not require municipal consent for specified state or county actions, including tax-increment-financing actions. may not be subject to

The Department of Commerce, Department of Environmental Protection, and Department of Transportation may support certified projects by developing or improving highways, roads, thoroughfares, and sidewalks serving the project. may take actions necessary in support

A certified high impact data center may receive municipal police and fire protection, if available, on the same basis as other businesses or commercial ventures in the municipality. entitled to municipal police protection and municipal fire protection

A certified high impact data center must use the State Building Code and corresponding State Rule 87 CSR 4, rather than local building-code permitting and enforcement requirements. pursuant to the State Building Code

A certified microgrid district may provide electricity to businesses making a capital investment in a new or expanded facility within the district without being subject to specified Public Service Commission jurisdiction over rates, certificates of convenience and necessity, conditions of service, or complaints, and without the statutory net-metering and interconnection standards. The district may also qualify as an exempt wholesale generator, subject to federal law and the statutory limits on deliveries outside the district. provide any such electric service

A facility locating or expanding in a certified microgrid district can qualify as eligible new electric load and is not required to connect to or use a public electric utility, although electricity used for initial construction and development does not defeat new-load status. not required to connect with and use any public electric utility

After a microgrid district is certified, an eligible microgrid customer may negotiate a special contract with the local electric utility for rates and service terms different from the utility's tariff. If negotiations fail within 120 days, the customer may petition the Public Service Commission, which must establish the requested service, including backup and supplemental service, within 90 days; uncovered load is nonfirm and interruptible. within 120 days

Regulated electric-utility customers outside a certified microgrid district may not be charged for generation, transmission, distribution, operational, ancillary, grid-related, energy-related, or capacity-related costs associated with facilities serving the district; those costs must be paid by the generator or consumers within the district. shall not bear any costs

Utility rates, fees, and charges for water, sewer, stormwater, garbage, recycling, and other utilities used by a certified project must be based on the cost of providing service. Capacity or impact fees may be imposed only to the extent the utility must make capital additions or improvements to serve the project, and customers outside the microgrid district may not bear costs for utility property built solely to serve it. based on the cost of providing such service