West VirginiaHB 40122026 Regular SessionHouse

Relating to reducing the regulatory burden on utility companies when constructing and maintaining electric power generation and transmission facilities within this state

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 5 benefits, 2 costs, 0 mixed.

Cost safeguards for West Virginia ratepayers

Applicants for transmission lines of 200 kilovolts or more must give clear and convincing proof that allocated costs roughly match ratepayer benefits. This test covers costs assigned to West Virginia utilities serving customers, including otherwise unrecoverable costs charged to them. Applicants must fund needed connections serving West Virginia retail customers within a reasonable time after a valid, approved request. Applications must examine alternatives, including advanced transmission technology; applicants may use that technology when necessary and economical. The Public Service Commission may consider those options and their costs, but the law sets no household savings amount.

Public can enforce power plant conditions

The Public Service Commission can enforce key siting conditions through applicable civil or criminal penalties, court orders, or injunctions. Before construction of a facility or major change is complete, it can also suspend or revoke the certificate. Any person can ask a circuit court to compel compliance with those conditions. Key conditions remain binding after the certificate or any ownership share in the generating facility is transferred. The original holder and new holder remain under the Commission's continuing authority.

Faster approvals for power project developers

The Public Service Commission must decide covered generating-facility siting applications, including major changes, within 270 days, down from 300. If it misses that deadline, it must issue the certificate as requested. Electric project applicants can also seek or obtain local and other government permits before getting their required state utility certificate. That state certificate is still required.

Faster decisions for utility project applicants

The Public Service Commission must decide covered utility certificate applications within 240 days of filing, down from 270. Water and sewer projects costing under $10 million have a 190-day deadline, down from 225. The longer review schedule now applies only above $100 million, rather than above $50 million. Those projects have a 360-day deadline, down from 400. After a hearing, covered decisions are due within 60 days of final submission, down from 90, unless another deadline applies.

Fewer approvals for large public utilities

Qualifying West Virginia local-government water or sewer providers are exempt from the utility certificate requirement and its related 30-day notice. Providers must have at least 4,500 customers and at least $3 million in annual combined gross revenue. The exemption does not specify a change to household bills or service eligibility.

Possible application fees for power developers

The Public Service Commission can set fees by rule for siting applications and changes to existing certificates. The law sets no fee amount and specifies no direct household charge. Any fees collected go into the state treasury's fund for the Commission.

Utilities need approval for transmission repairs

Utilities and other covered parties must get a state utility certificate before maintaining or repairing existing transmission facilities, conductors, or structures. The Public Service Commission can waive this requirement.

Sponsors & Cosponsors

Sponsor

Linville
Affiliation unavailable

Cosponsors

Ray Canterbury
Republican • House
Wayne Clark
Republican • House
Marty Gearheart
Republican • House
Michael Hornby
Republican • House
John Paul Hott
Republican • House
Tristan Leavitt
Republican • House
Phil Mallow
Republican • House
Mickey Petitto
Republican • House
Jimmy Willis
Republican • House
Mark Zatezalo
Republican • House

Roll Call Votes

All Roll Calls

Yes: 230 • No: 30

House vote • 3/14/2026

Motion for previous question adopted (Roll No. 595)

Yes: 72 • No: 24

Senate vote • 3/13/2026

Effective from passage (Roll No. 526)

Yes: 33 • No: 0

Senate vote • 3/13/2026

Passed Senate with amended title (Roll No. 525)

Yes: 29 • No: 5

House vote • 2/11/2026

Passed House (Roll No. 72)

Yes: 96 • No: 1

Actions Timeline

House received Senate message
3/14/2026House
Motion for previous question adopted (Roll No. 595)
3/14/2026House
House refused to concur; requested Senate to recede (Voice)
3/14/2026House
Communicated to Senate
3/14/2026House
On 3rd reading with right to amend
3/13/2026Senate
Read 3rd time
3/13/2026Senate
Committee amendment withdrawn by unanimous consent
3/13/2026Senate
Floor amendment adopted (Voice vote)
3/13/2026Senate
Passed Senate with amended title (Roll No. 525)
3/13/2026Senate
Effective from passage (Roll No. 526)
3/13/2026Senate
Senate requests House to concur
3/13/2026Senate
Reported do pass, with amendment and title amendment
3/12/2026Senate
Immediate consideration
3/12/2026Senate
Read 2nd time
3/12/2026Senate
Without recommendation, but first rereferred to Energy, Industry, and Mining
3/11/2026Senate
Immediate consideration
3/11/2026Senate
Read 1st time
3/11/2026Senate
On 2nd reading, rereferred to Energy, Industry, and Mining
3/11/2026Senate
Introduced in Senate
2/12/2026Senate
To Energy, Industry, and Mining
2/12/2026Senate
To Energy, Industry, and Mining
2/12/2026Senate
On 3rd reading, Special Calendar
2/11/2026House
Read 3rd time
2/11/2026House
Passed House (Roll No. 72)
2/11/2026House
Title amendment adopted (Voice vote)
2/11/2026House

Bill Text

Committee Substitute
HTML PDF
Engrossed
HTML PDF
Introduced Version
HTML PDF

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