Data centers in West Virginia

📜 State laws

House Bill 2014 (2025): the state takes over data center rules · April 30, 2025
HB 2014, the Power Generation and Consumption Act, was signed by Governor Patrick Morrisey on April 30, 2025. It created the High Impact Data Center Program. A data center with at least 90 megawatts of computer power, placed in service on or after July 1, 2025, must notify the state, and the Secretary of Commerce certifies it within 14 days. Once certified, counties and towns may not use zoning, noise, viewshed, lighting, land use, building permit or license rules to limit it. The law also lets the state certify 'microgrid districts' (up to 2,250 acres) where a power plant can serve businesses without regular utility commission rate rules. Lawmakers wrote that they intend to 'occupy the whole field' of these projects. Source

House Bill 4983 (2026): rule for certifying data centers and microgrids · April 1, 2026
HB 4983 approved the Department of Commerce rule 145 CSR 20, which sets out how a data center or microgrid district gets certified under HB 2014. Lawmakers amended the rule to add the words 'or access of water'. Critics said the rule keeps petitions for certification confidential. The Legislature passed it during the 2026 session and the Governor signed it. The rule took effect April 1, 2026. Source

2026 bills to give towns and counties a say again (all died) · March 14, 2026
Several 2026 bills would have changed HB 2014. None passed; all were still in committee when the session ended on March 14, 2026. They include HB 5620 and SB 658 (restore local control), HB 4509 (local say over certain power plants), HB 4948 (buffer zone between data centers and homes, schools and churches), HB 5590 (public notice of how much water a data center will use), HB 5611 (data centers in karst areas), HB 4854 (no public subsidies for data centers), and HB 4822 and SB 652 (send data center tax money elsewhere). Source

2026 bills for new data center tax breaks (died) · March 14, 2026
HB 4013, the Mountaineer Flexible Tax Credit Act requested by the Governor, would have given tax credits to data centers and other new businesses that invest at least $2.5 million or create at least 10 jobs. SB 623 would have set up more economic incentives for data centers. Both stayed in committee and died when the session ended. Source

Governor's 'Responsible Data Center Development Plan' (August 2026) · Aug 11, 2026
On August 11, 2026, Governor Morrisey and legislative leaders announced a 20-year plan run by a Data Economy Office under HB 2014. Developers must show money, committed capital and power needs to be certified. A Data Center Advisory Council will recommend statewide standards for setbacks, noise, security and distance from sensitive places; these are recommendations, not law yet. The plan says data centers must pay for their own power and grid costs and cut power use or use backup generators at peak times. It is a policy plan; it does not change the law by itself. Source

💡 Who pays for the power

HB 2014: other customers should not pay for data center power lines · April 30, 2025
For a microgrid district, the law says regular utility customers 'shall not bear any costs' for building or running power service there, and that customers outside the district shall not pay for new utility property built only to serve it. Inside a microgrid district, a power seller is not under the Public Service Commission (PSC) for rates, but a utility serving a microgrid customer files a special contract with the PSC. Source

Appalachian Power and Wheeling Power: rules for very large new customers · March 2025
In PSC case 24-0611-E-T-PW, Appalachian Power and Wheeling Power asked for special terms for very large new customers like data centers. Appalachian Power first asked for 20-year contracts and payment for at least 90% of the power booked. In January 2025 the company, Google and a group of West Virginia manufacturers reached a settlement: sites of 100 megawatts or more, contracts of at least 12 years, and paying for at least 80% of the power they sign up for. EEI reports the PSC approved the revised tariffs in March 2025. The goal is that other customers are not stuck paying if a data center leaves early. Source

Appalachian Power has signed up large data center load in West Virginia · July 31, 2026
In July 2026, an Appalachian Power official told Virginia regulators the company has contracted for 540 megawatts of data center load in Virginia and 'more than double that amount' in West Virginia. Source

Mon Power wants a $2.48 billion gas plant, citing data center growth · Feb 16, 2026
In February 2026, Mon Power and Potomac Edison (FirstEnergy) asked the PSC to approve a 1,200-megawatt gas plant at the Fort Martin power station in Monongalia County, costing about $2.48 billion, plus 70 megawatts of solar. The filing says the power shortfall grows 'especially' because of data center growth. The companies asked for a surcharge they estimate at about $1.18 a month (0.9%) on a typical home bill. The PSC set a public comment hearing for July 15, 2026. We found no PSC decision yet. Source

Electric bills in West Virginia · July 2, 2026
Electric rates in West Virginia have gone up more than 50% over the past decade. Appalachian Power and FirstEnergy supply more than 80% of the state's power. More than one-third of households spend over 6% of their income on electricity. Source

💵 Tax breaks

Where property tax from big data centers goes (HB 2014) · July 1, 2025
Certified high impact data centers are valued for property tax by the state Board of Public Works, not the county assessor. The tax on the value added after certification is split by law: 50% to a fund to cut the state personal income tax, 30% to the host county, 10% to all counties by population, 5% to the Water Development Authority's Economic Enhancement Grant Fund, and 5% to the Electric Grid Stabilization and Security Fund. Local tax deals (payment in lieu of taxes, or PILOT) and tax increment financing are banned for this property. The special rules end December 31, 2055. The Governor's office describes the last 10% as going to local water, wastewater and power upgrades. Source

Sales tax exemption for computers, servers and building materials · 2009
Since 2009, state law exempts from sales tax prewritten software, computers, hardware, servers, and building materials and other items installed in a building for direct use in a 'high-technology business'. The WV Center on Budget & Policy (a policy group) estimates this could be worth $160–200 million for a $4 billion data center. Source

Servers taxed at 5% of their cost
Under the High-Technology Business Property Valuation Act, servers and other equipment used directly in a high-technology business are valued for property tax at 'salvage value', which the law sets at 5% of original cost. The county assessor decides if equipment qualifies. The WV Center on Budget & Policy estimates this could cut a $4 billion data center's yearly property tax from about $58 million to as little as $8.4 million. Source

🤐 Secret deals and public records

Public records law (Freedom of Information Act)
Every person has a right to see or copy public records, with some exceptions (W. Va. Code §29B-1-3). You do not have to live in West Virginia. Send your request in writing to the office that keeps the record, and describe what you want clearly. The office must answer within 5 days, not counting weekends and holidays: give copies, set a time to look, or deny in writing. They may charge for copies, but not for search time. Exceptions include trade secrets and records another law makes secret. Source

If your records request is denied
There is no state office that reviews denials. You can ask the circuit court in the county where the record is kept to order it released. The public body must prove it had the right to withhold the record. Source

Data center certification papers can be kept secret · April 30, 2025
Under HB 2014, anything a data center gives the state for certification and labels 'confidential business information' is exempt from the public records law. The Secretary of Commerce must keep a list of certified data centers for the Governor and Legislature, but can remove identifying details. The 2026 certification rule (145 CSR 20) treats petitions for data center certification and letters of intent for microgrid districts as confidential. Source

💧 Water

Big water users must register with the DEP
Anyone who takes more than 300,000 gallons of water in any 30 days from a river, stream or well is a 'large-quantity user' and must register with the Department of Environmental Protection (DEP) and report use every year. A data center that buys its water from a water utility does not register itself; the utility reports. Registration is a report, not a permit. Wastewater and stormwater discharges need DEP permits. Source

Water in the data center certification rule · April 1, 2026
In 2026 lawmakers amended the certification rule (145 CSR 20) to add the words 'or access of water'. A bill for a water-use review of these data centers (HB 5590) died. The Governor's August 2026 plan says DEP water oversight stays in place and encourages closed-loop or immersion cooling. Source

🌫️ Air and generators

Air permits for generators and gas plants · Oct 8, 2026
The DEP Division of Air Quality (DAQ) issues air permits for backup generators and on-site power plants (R13 and R14 permits). DAQ lists permit applications online with their 'last day to comment', and the application can be read there. Example: Monarch Cloud Campus in Point Pleasant (permit R14-0042) had a comment deadline of October 30, 2026. Source

Appealing an air permit
A person allowed by law can appeal a DAQ permit to the Air Quality Board within 30 days. Filing an appeal does not stop the permit. In February 2026 the board denied an appeal by Tucker County groups against a permit for a gas-powered data center near Davis and Thomas. Source

🙋 How to have your say

Who decides about data centers in West Virginia · April 30, 2025
Cities, towns and villages can zone inside their limits, and county commissions outside them. The Governor's office says more than 50 counties had no way to approve, condition or deny a big data center. Since HB 2014, a data center certified by the state (90 megawatts or more) cannot be limited by local zoning, noise, lighting or building rules at all. The main decisions are made by the Department of Commerce (certification), the PSC (power contracts and rates), and the DEP (air and water permits). Source

How zoning changes work where local rules still apply
For smaller projects not certified by the state, local zoning still applies. When someone petitions to change a zoning ordinance, the planning commission or governing body must hold a public hearing within 60 days, with a newspaper notice at least 15 days before. Any 'aggrieved person' can appeal a planning commission or board of zoning appeals decision to circuit court within 30 days (petition for a writ of certiorari). Source

How to comment at the Public Service Commission · April 19, 2025
Go to psc.state.wv.us and click 'submit a comment'. Choose a comment on a specific case and use the case number (for example 24-0611 for the Appalachian Power large-load case). Comments are public. The PSC counts protest letters and may set a public hearing when many arrive, as it did for Mon Power's Fort Martin gas plant in 2026. Source

How to comment on an air permit · Oct 8, 2026
Check the DAQ 'NSR Permit Applications' page for data center and power plant permits and their 'last day to comment'. Sign up for DEP email notices. Comments go to the permit writer named on the notice. Source

How to ask for records
Anyone can file a public records (FOIA) request. Write to the custodian of the record (for example the county commission clerk, the Department of Commerce, or the DEP), describe the records clearly, and ask for electronic copies. The answer is due within 5 business days. If denied, you can go to circuit court. Source

Talk to your lawmakers · Oct 8, 2026
Data center rules in West Virginia are now set mostly by the Legislature. The next regular session is in 2027. You can follow bills and send public comments on bills at the Legislature's website. Source

🧾 Help with your bills

LIEAP: help with heating bills · Feb 2, 2026
The Low Income Energy Assistance Program (LIEAP) helps with home heating costs. In 2026, the Department of Human Services took applications February 2–20, or until money ran out. Apply at wvpath.wv.gov, a local DoHS office, a Community Action agency or a senior center. Watch for 2026–27 dates. Source

📞 Who to contact

West Virginia Department of Commerce (Data Economy Office) · Oct 8, 2026
Certifies high impact data centers and microgrid districts under HB 2014. Its 'Data Economy Liaison' is the state's single contact for these projects. Source

Public Service Commission of West Virginia (PSC) · Oct 8, 2026
Sets utility rates and approves power plants and special power contracts. Takes public comments on each case. Source

PSC Consumer Advocate Division · Jan 13, 2025
Represents home utility customers in PSC cases. It proposed the 12-year / 80% compromise in the Appalachian Power large-load case. Source

DEP Division of Air Quality · Oct 8, 2026
Issues air permits for generators and on-site power plants; posts applications and comment deadlines. Source

DEP Division of Water and Waste Management · Oct 8, 2026
Registers large water users and issues wastewater and stormwater permits. Source

West Virginia Legislature · Oct 8, 2026
Writes data center law (HB 2014 and changes). Bill status and public comments online. Source