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Public Comments (EPW)

2026 Regular Session HB4012 (Energy and Public Works)
Comment by: Abby Reale on January 27, 2026 13:12
PSC TIMELINES (Bill pp. 2–3;PDF pp. 3–4; Lines 27–49)
Thank you for the opportunity to provide comments on HB 4012. We appreciate the Legislature’s commitment to streamlining permitting and speeding the deployment of critical electric infrastructure in West Virginia. We strongly support the bill’s reduction of Public Service Commission review periods for CPCN applications. As outlined in the bill summary, the PSC’s maximum review time decreases from 270 to 180 days for most applications, and from 400 to 270 days for projects between $100 million and $750 million, with a new 360‑day timeline for projects over $750 million, changes reflected in the introduced version and summary. These revisions improve project certainty, reduce cost pressures, and help ensure utilities can deliver needed generation and transmission projects more efficiently. Speed to power! ADVANCED TRANSMISSION TECHNOLOGIES REQUIREMENT (Bill p. 7; PDF p. 8; Lines 11–13) HB 4012 adds a requirement that transmission CPCN applicants include “an explanation of the inadequacy of advanced transmission technologies to satisfy the need in the particular circumstance.” We understand and share the Legislature’s interest in encouraging innovative technologies that may enhance system performance. Utilities already review these technologies through standard engineering and PJM regional planning processes, and they can provide value in the right circumstances. To support the bill’s broader intent to reduce regulatory burden and avoid additional steps that could lengthen PSC cases or increase costs for ratepayers—especially in instances where PJM planning rules or physical system limitations restrict the use of such technologies—we respectfully suggest refining this language. Allowing applicants to address advanced technologies when relevant, rather than requiring a detailed justification in every filing, would preserve the Legislature’s policy goals while keeping the permitting process efficient and cost‑effective. We would welcome working with Committee Counsel on language that maintains legislative intent while protecting project timelines and ratepayer impacts. MAINTENANCE/REPLACEMENT WITHOUT NEW CPCN (Bill p. 9; PDF p. 10; Lines 57–65) We support the bill’s provision allowing utilities to maintain or replace existing transmission facilities, structures, or conductors—including through the use of advanced transmission technologies—without needing to seek a new CPCN. This is consistent with the bill summary’s recognition that utilities should be able to maintain existing infrastructure without unnecessary refiling. This flexibility will help avoid delays, improve reliability, and allow modern equipment to be incorporated more efficiently. The Legislature may also wish to clarify that the exemption applies to modernized equipment even when not categorized as advanced technology, as long as the work remains within the scope of the original CPCN. LOCAL PREEMPTION AFTER PSC APPROVAL To further support the streamlining goals of HB 4012, we recommend including clear language stating that once the PSC has granted a CPCN—after statewide notice and an opportunity for input—no local government may impose additional permitting, inspection, zoning, or approval requirements that could delay or condition the project. As West Virginia has long treated energy infrastructure siting and reliability as matters of statewide concern, this clarification would prevent conflicting or duplicative local processes from slowing construction or increasing project costs. A suggested amendment is: “State approval supersedes all local permitting and inspection requirements. Upon issuance of a certificate of public convenience and necessity by the Public Service Commission, no county, municipality, or other local governmental entity may impose, condition, delay, require, or enforce any permit, license, approval, inspection, fee, or other regulatory requirement related to the construction, maintenance, or siting of the project. Local governmental entities may receive notice for informational purposes only.” CONCLUSION We appreciate Delegate Linville and sponsors of the bill, along with the Legislature’s leadership in strengthening West Virginia’s energy infrastructure permitting framework. We respectfully request adoption of the shortened PSC timelines; refinement of the advanced transmission technology requirement to avoid unintended delays or costs; clarification of the maintenance and replacement exemption; and inclusion of state preemption language to ensure timely project development. Thank you for your consideration and for your continued work to advance West Virginia’s energy future.
2026 Regular Session HB4026 (Energy and Public Works)
Comment by: Jayli Flynn on January 20, 2026 17:28
House Bill 4026 amends West Virginia’s requirements for electric utility Integrated Resource Plans (IRPs) submitted to the West Virginia Public Service Commission. While the bill expands discussion of advanced transmission and grid technologies, it does not require disclosure of key assumptions or impacts that materially affect ratepayers, water resources, and public accountability. Under W. Va. Code §24-2-11c, electric utilities are required to file long-term IRPs demonstrating how they will meet demand in a reliable and cost-effective manner. However, HB 4026 does not mandate that IRPs include comparative water-use impacts, water-quality risks, or infrastructure externalities associated with different generation resources. This omission is significant because thermal generation facilities typically require substantial water withdrawals and produce wastewater discharges, while solar generation has minimal ongoing water use. Failing to require water-impact comparisons limits the PSC’s ability to fully assess least-cost, least-risk options for the public. HB 4026 also does not require contemporaneous public disclosure of the data, assumptions, or inter-agency communications underlying IRP projections. Under the West Virginia Freedom of Information Act, W. Va. Code §29B-1-1 et seq., public policy favors open access to records so citizens may evaluate how public decisions are made. When planning documents reference “advanced technologies,” future projects, or anticipated funding without disclosure of supporting analyses, the public is unable to meaningfully participate or verify whether decisions align with the public interest. Additionally, utilities regulated under W. Va. Code §24-2-1 have a statutory duty to provide service that is just, reasonable, and adequate. Long-term planning that omits water-resource impacts, climate resilience, and downstream public costs (including water treatment and infrastructure strain) risks shifting hidden costs to ratepayers and communities, contrary to that duty. Transparent comparison of solar and other low-water-use resources against water-intensive generation is directly relevant to whether future rates remain just and reasonable. HB 4026 could be strengthened by expressly requiring IRPs to: 1.Quantify and compare water withdrawals, wastewater impacts, and infrastructure risks associated with each major resource option; 2.Disclose assumptions, modeling inputs, and inter-agency coordination relied upon in the plan, subject to existing protections for legitimate trade secrets; 3.Explain how proposed resource mixes minimize long-term public risk consistent with W. Va. Code §§24-2-1 and 24-2-11c and the transparency principles of W. Va. Code §29B-1-1. Without these requirements, HB 4026 expands planning in form but not in accountability. Planning that does not fully disclose environmental and water impacts, or the basis for resource selection, limits public oversight and undermines confidence that long-term energy decisions are being made in the best interests of West Virginians.
2026 Regular Session HB4026 (Energy and Public Works)
Comment by: Vickie Billings on January 25, 2026 01:58
I think before Psc can grant a rate increase, the company must show a loss.  For example aep can donate $200,000 a year for various charity’s.  And still turn around and ask for a rate increase and they get it most of the time. It never decreases only increases.  We also need Psc to verse the internet, tv, and phone companies that are over charging and lying about how long your bill will remain at the price. They are liars Optimum tv service.
2026 Regular Session HB4038 (Energy and Public Works)
Comment by: Tina Ladd on January 15, 2026 16:15

I oppose House Bill 4038.

This bill limits the rights of rural landowners to use their own property by arbitrarily restricting wind power development. Many landowners choose wind projects because they provide steady lease income that helps keep farms intact, pay property taxes, and support family land that has been held for generations.

Capping wind permits and discouraging new projects reduces local tax revenue and economic activity in rural counties that already struggle to fund schools, roads, and emergency services. These projects bring construction jobs, long-term operations work, and dependable income without extracting or degrading the land.

The provision that reduces coal severance taxes for each new wind project further destabilizes county and municipal budgets by tying local revenue to political decisions instead of predictable tax policy.

West Virginians should not be forced to choose between energy industries. Rural communities deserve the freedom to pursue economic opportunities that work for their land, their families, and their counties.

I urge lawmakers to reject HB 4038.

2026 Regular Session HB4038 (Energy and Public Works)
Comment by: Susan Perry on January 20, 2026 01:13
Why would our state want to limit a clean source of energy production?  If the Governor’s goal is to increase energy production, how does this help meet that goal?  And why would the establishment of a wind project cause a decrease in the coal severance fee?   These are two unrelated items.
2026 Regular Session HB4038 (Energy and Public Works)
Comment by: Jayli Flynn on January 20, 2026 18:03
I oppose HB 4038 because it elevates one energy sector through policy preference and tax structure while failing to add corresponding safeguards for workers, ratepayers, and public oversight. HB 4038 prioritizes coal as a preferred and protected energy source during emergencies and restricts the growth of wind generation, yet the bill does not include any expansion of inspection capacity, worker-safety enforcement, or transparency mechanisms. Under West Virginia law, agencies have an affirmative duty to protect public health, safety, and welfare when exercising regulatory authority (W. Va. Code §29A-1-1; §22-1-1). Policies that favor an industry without strengthening oversight shift risk rather than reduce it. Historical enforcement patterns show that when regulatory intensity is reduced, compliance often occurs only after injury, litigation, or court intervention. Workers’ compensation systems and courts then bear costs that should have been prevented through proactive oversight. This undermines the purpose of West Virginia’s workers’ compensation framework, which is intended to ensure timely protection and compensation without forcing injured workers into prolonged legal disputes (W. Va. Code §23-1-1 et seq.). Additionally, restricting renewable development while emphasizing legacy generation without accounting for ratepayer impacts raises concerns under the Public Service Commission’s mandate to ensure just, reasonable, and non-discriminatory utility practices (W. Va. Code §24-2-1). Energy reliability should not be achieved by narrowing options or externalizing long-term costs onto municipalities, ratepayers, and workers. Energy policy should be technology-neutral, transparent, and paired with strong accountability. If the Legislature chooses to prioritize coal generation, it must also ensure equal investment in enforcement, worker protections, and public oversight. HB 4038, as written, does not meet that standard. For these reasons, I respectfully urge the Legislature to reject HB 4038 or amend it to include enforceable oversight, worker-safety protections, and ratepayer safeguards.
2026 Regular Session HB4038 (Energy and Public Works)
Comment by: Carl on January 22, 2026 12:53

I strongly support House Bill 4038 because it provides a necessary check on unchecked wind development and addresses real-world reliability challenges. Wind energy is intermittent and weather-dependent, often producing little or no electricity during calm periods, making it difficult to rely on as a primary power source without extensive backup. Wind facilities frequently operate at much lower capacity than firm sources like coal, requiring far more installed capacity to match reliable output.

Practical experience from other regions highlights these challenges: turbines in Europe, the U.S., and Australia have suffered mechanical failures, including blade and bearing issues, forcing them offline for extended periods. Projects like these experienced catastrophic blade failures, and extreme weather can dramatically reduce output when meeting demand is most critical.

Equally concerning is the type of companies that bring these projects to West Virginia. These corporations are focused on short-term profit rather than investing in our future and long-term energy independence. When profit-driven developers dominate wind infrastructure, local taxpayers and landowners bear the risks, while financial benefits flow elsewhere.

West Virginia is rich in natural resources, which is already a foundation for a strong energy future. Responsible development of these existing capabilities supports high-paying local jobs, strengthens rural economies, and generates critical tax revenue for schools, infrastructure, and public services. By carefully limiting wind expansion while investing in these proven energy resources, the state can ensure a reliable, resilient, and economically balanced energy future for all West Virginians.

HB4038 allows West Virginia to retain control over our energy resources, protect rural communities, and ensure reliable integration with the grid before committing to wind projects. I urge Delegates to support this bill to promote a balanced and resilient energy future for our state. Thank you!

2026 Regular Session HB4110 (Energy and Public Works)
Comment by: Jayli Flynn on January 23, 2026 16:15
I oppose HB 4110 as written. This bill represents another step toward state-mandated ideology and centralized control over education and civic life, rather than a genuine investment in critical thinking, constitutional literacy, or equal access to opportunity. While framed as a neutral or positive reform, HB 4110 raises serious concerns about equity, viewpoint neutrality, and the proper role of government. First, the bill risks ideological capture of public institutions by elevating certain political, cultural, or moral frameworks while marginalizing others. The State of West Virginia has a constitutional obligation to remain neutral—not to favor particular belief systems, narratives, or interpretations of history under the guise of “civics” or public values. Public education should teach how to think, not what to think. Second, HB 4110 creates or expands unfunded or under-funded mandates at a time when West Virginia has already cut or hollowed out essential services—including education, public health, environmental oversight, and infrastructure. If the state claims it lacks resources for clean water, food security, or classroom support, it should not be redirecting attention and funding toward symbolic or ideological programs that do not materially improve outcomes for students or communities. Third, the bill raises equal-protection concerns. Policies that appear neutral on paper often have disproportionate impacts on low-income families, rural communities, religious minorities, and those who already face barriers to participation. West Virginians who pay taxes but lack political influence should not be further excluded by programs that privilege access, conformity, or alignment with state-approved viewpoints. Finally, this bill continues a broader pattern in which the Legislature asserts control over speech, education, and civic identity while avoiding accountability for measurable failures—unsafe water, workforce instability, declining public trust, and weakened transparency. Civic engagement is not strengthened by coercion or rebranding; it is strengthened by honesty, investment, and respect for constitutional limits. For these reasons, I urge lawmakers to reject HB 4110 and instead focus on policies that genuinely improve education quality, protect constitutional rights, ensure transparency, and meet the real, material needs of West Virginians.
2026 Regular Session HB4195 (Energy and Public Works)
Comment by: Frederick and Joyce Perlove on January 22, 2026 15:57
Please consider this bill by Delegate Hansen to cap rates for the citizens of West Virginia. This would provide relief to West Virginia residents and businesses from the rapidly rising utility rates by placing a temporary cap on electrical utility rates. Sincerely, Fred and Joyce Perlove 302 Echols Ln Lewisburg WV 24901
2026 Regular Session HB4207 (Energy and Public Works)
Comment by: Abigail Wiernik on January 27, 2026 17:56
Environmental rule-making bills must protect public health, clean water, and air quality while ensuring transparency and accountability. Weakening regulatory authority or fast-tracking permissive rules places communities at risk and shifts long-term costs onto taxpayers. West Virginia has already paid a high price for lax oversight. I urge lawmakers to oppose any measures that dilute environmental safeguards.
2026 Regular Session HB4208 (Energy and Public Works)
Comment by: Abigail Wiernik on January 27, 2026 18:00
Environmental rule-making bills must protect public health, clean water, and air quality while ensuring transparency and accountability. Weakening regulatory authority or fast-tracking permissive rules places communities at risk and shifts long-term costs onto taxpayers. West Virginia has already paid a high price for lax oversight. I urge lawmakers to oppose any measures that dilute environmental safeguards.
2026 Regular Session HB4209 (Energy and Public Works)
Comment by: Abigail Wiernik on January 27, 2026 18:00
Environmental rule-making bills must protect public health, clean water, and air quality while ensuring transparency and accountability. Weakening regulatory authority or fast-tracking permissive rules places communities at risk and shifts long-term costs onto taxpayers. West Virginia has already paid a high price for lax oversight. I urge lawmakers to oppose any measures that dilute environmental safeguards.
2026 Regular Session HB4210 (Energy and Public Works)
Comment by: Abigail Wiernik on January 27, 2026 18:00
Environmental rule-making bills must protect public health, clean water, and air quality while ensuring transparency and accountability. Weakening regulatory authority or fast-tracking permissive rules places communities at risk and shifts long-term costs onto taxpayers. West Virginia has already paid a high price for lax oversight. I urge lawmakers to oppose any measures that dilute environmental safeguards.
2026 Regular Session HB4211 (Energy and Public Works)
Comment by: Abigail Wiernik on January 27, 2026 17:59
Environmental rule-making bills must protect public health, clean water, and air quality while ensuring transparency and accountability. Weakening regulatory authority or fast-tracking permissive rules places communities at risk and shifts long-term costs onto taxpayers. West Virginia has already paid a high price for lax oversight. I urge lawmakers to oppose any measures that dilute environmental safeguards.
2026 Regular Session HB4212 (Energy and Public Works)
Comment by: Abigail Wiernik on January 27, 2026 17:59
Environmental rule-making bills must protect public health, clean water, and air quality while ensuring transparency and accountability. Weakening regulatory authority or fast-tracking permissive rules places communities at risk and shifts long-term costs onto taxpayers. West Virginia has already paid a high price for lax oversight. I urge lawmakers to oppose any measures that dilute environmental safeguards.
2026 Regular Session HB4213 (Energy and Public Works)
Comment by: Abigail Wiernik on January 27, 2026 17:59
Environmental rule-making bills must protect public health, clean water, and air quality while ensuring transparency and accountability. Weakening regulatory authority or fast-tracking permissive rules places communities at risk and shifts long-term costs onto taxpayers. West Virginia has already paid a high price for lax oversight. I urge lawmakers to oppose any measures that dilute environmental safeguards.
2026 Regular Session HB4214 (Energy and Public Works)
Comment by: Abigail Wiernik on January 27, 2026 17:59
Environmental rule-making bills must protect public health, clean water, and air quality while ensuring transparency and accountability. Weakening regulatory authority or fast-tracking permissive rules places communities at risk and shifts long-term costs onto taxpayers. West Virginia has already paid a high price for lax oversight. I urge lawmakers to oppose any measures that dilute environmental safeguards.
2026 Regular Session HB4326 (Energy and Public Works)
Comment by: Jayli Flynn on January 20, 2026 18:34
HB 4326 authorizes the Office of Miners’ Health, Safety, and Training to promulgate a legislative rule (56 CSR 08) governing the submission and approval of a “comprehensive Mine Safety Program” for coal mining operations. While mine safety is a critical public interest, this bill raises concerns because it delegates broad rulemaking authority without clear statutory guardrails, independent oversight mechanisms, or transparency requirements for how mine safety programs are reviewed, approved, enforced, or audited. The bill does not:
  • Require public disclosure of mine safety program standards, approval criteria, or compliance findings;
  • Mandate independent or third-party review of safety programs;
  • Provide clear worker participation or whistleblower protections in the approval process;
  • Specify enforcement benchmarks, penalties, or corrective timelines for unsafe conditions.
Authorizing a legislative rule without these protections risks allowing safety compliance to become a paper-based approval process rather than a demonstrably enforceable safety system, particularly in an industry with a documented history of catastrophic risk. Mine safety rules must be transparent, enforceable, independently verifiable, and centered on worker protection, not merely administratively efficient. Without amendments that ensure accountability and public confidence, HB 4326 risks weakening — rather than strengthening — meaningful mine safety oversight. For these reasons, I oppose HB 4326 as introduced and urge the Legislature to require explicit statutory safeguards before granting legislative rule authority.
2026 Regular Session HB4330 (Energy and Public Works)
Comment by: Abigail Wiernik on January 27, 2026 17:54
Bills affecting wildlife management and natural resources must be guided by science, conservation principles, and long-term environmental stewardship—not short-term political pressure. Any changes to DNR authority or wildlife regulation should prioritize ecosystem health, public access, and sustainability. I urge the House to carefully scrutinize HB 4330 and HB 4331 and reject provisions that weaken environmental protections.
2026 Regular Session HB4331 (Energy and Public Works)
Comment by: Abigail Wiernik on January 27, 2026 17:55
Bills affecting wildlife management and natural resources must be guided by science, conservation principles, and long-term environmental stewardship—not short-term political pressure. Any changes to DNR authority or wildlife regulation should prioritize ecosystem health, public access, and sustainability. I urge the House to carefully scrutinize HB 4330 and HB 4331 and reject provisions that weaken environmental protections.
2026 Regular Session HB4385 (Energy and Public Works)
Comment by: LETITIA R SIX on January 17, 2026 23:32
Pass this bill. Utility companies should not be able to raise rates however high they choose. So many communities live off of a fixed income. The costs of living go up, but wages do not!
2026 Regular Session HB4461 (Energy and Public Works)
Comment by: toki on January 29, 2026 04:17
I'm for this, especially where remote jobs/schooling/work from home has become more popular. Thats 5 days without work or school, and we should atleast be compensated for it.
2026 Regular Session HB4489 (Energy and Public Works)
Comment by: Jayli Flynn on January 20, 2026 07:46
HB 4489 authorizes the Division of Motor Vehicles to issue certified copies of vital records under the rules of the State Registrar and requires the DMV and the Department of Health to enter into a Memorandum of Understanding (MOU) addressing security, audit, inventory, and training requirements. While these provisions exist, the bill does not specify how transparency, public accountability, or independent oversight will be enforced once this authority is expanded. The bill relies on internal agency agreements and internal controls, but it does not require public reporting of audit findings, errors, delays, denials, or discrepancies between agencies. There is also no statutory requirement for independent review or external oversight beyond the participating agencies themselves. This is a concern because existing oversight systems in West Virginia often operate within narrow jurisdictional limits, which can result in documented issues not being investigated or addressed once an agency determines a matter falls outside its authority. HB 4489 does not establish a clear public complaint or appeal process specific to DMV-issued vital records, nor does it define how disputes will be resolved if responsibility is shifted between the DMV and the State Registrar. Without clearly assigned accountability in statute, there is a risk that records errors, access barriers, or data integrity problems could be deferred between agencies without resolution. Additionally, the bill does not require public disclosure when records systems are divided, duplicated, or accessed across agencies, even though vital records are among the most sensitive personal documents handled by the state. Internal audits and security provisions contained in an MOU are not equivalent to statutory transparency requirements that the public can rely on and enforce. Before expanding authority to issue vital records, the Legislature should consider whether additional safeguards are needed, including clear accountability when agencies disagree, defined appeal rights for the public, and transparency measures that ensure this change does not make records harder to obtain or less consistent. Without those protections written into law, HB 4489 increases reliance on internal agency processes without guaranteeing public visibility or enforceable oversight.
2026 Regular Session HB4491 (Energy and Public Works)
Comment by: jayli flynn on January 19, 2026 12:09
Under W. Va. Code § 22-1-1, environmental and public health protection is expressly a state policy, and governmental decisions impacting the environment should be made with public participation. In addition, W. Va. Code § 12-4-14 and § 4-2-4 require transparency, monitoring, and audit reporting for public funds and agencies. HB 4491 should not weaken these statutory expectations for oversight, accountability, and public access to information.
2026 Regular Session HB4502 (Energy and Public Works)
Comment by: Josh Roark on January 22, 2026 12:38
What is the purpose of this bill?  After the failed attempt to create an Autism registry, I am highly skeptical of the motives behind this proposal.  As a father of two children with ASD, I am uncomfortable with this proposal.  It feels exclusionary and exploitative, as well as insulting, as the only other specialty plates currently available on the WV DMV website, related to "medical or health conditions", are for cancer awareness.  If the true purpose is raising awareness, I apologize, but with everything else that has happened over the last year regarding ASD, I am strongly opposed to anything that may further aggravate the already existing stereotypes and misconceptions.
2026 Regular Session HB4508 (Energy and Public Works)
Comment by: Jayli Flynn on January 19, 2026 12:38
HB 4508 raises concerns that creating an Economic and Community Development Task Force, by itself, does not ensure public safety, accountability, or equitable outcomes. West Virginia law recognizes that public health, safety, and welfare are core state responsibilities (W. Va. Code § 16-1-1), yet recent deregulatory approaches have already reduced oversight capacity. Without enforceable standards, transparent criteria, and meaningful public participation, a task force risks allowing the state to define “success” in ways that favor select projects or stakeholders rather than the lived realities of all constituents. Government action affecting economic development must be applied uniformly and with due process (W. Va. Const. art. III, § 10; U.S. Const. amend. XIV), not through discretionary selection that can obscure safety risks or unequal impacts.
2026 Regular Session HB4509 (Energy and Public Works)
Comment by: Rikki on January 19, 2026 17:47
These centers are in no way beneficial to WV citizens. The jobs they promise to provide are temporary at best, will likely be contracted out for construction, and then run by computer systems. They will deplete natural resources, contaminate water and air quality, and likely add cost to our already rising utility bills all while adding money and tax cuts to billion dollar companies. Say NO to data centers!
2026 Regular Session HB4509 (Energy and Public Works)
Comment by: Melanie Climis on January 19, 2026 20:51
HB4509 needs to become law. The burdens connected with data centres that the existing legislation places on communities are extreme.  Water and power demands will leave communities struggling through scarcity or expense under the current law.
HB4509 places regulation and control back in hands of those who will be most impacted by those burdens. HB4509 must become law.
2026 Regular Session HB4509 (Energy and Public Works)
Comment by: Shaena Crossland on January 20, 2026 08:55
As a WV native and Tucker County resident, I urge you to give back local control in HB2014.  We have a right to have a say in industries that are wanting to build in our towns and back yards.
2026 Regular Session HB4509 (Energy and Public Works)
Comment by: Jayli Flynn on January 20, 2026 09:04
I support HB 4509 because my documented research and Freedom of Information Act requests regarding solar and energy development in West Virginia show persistent transparency failures, shifting policy positions, and inconsistent disclosure of financial and infrastructure risk. HB 4509 amends and reenacts W. Va. Code § 5B-2-21b, which currently limits the authority of counties and municipalities over certified microgrid districts and high-impact data center projects. Under existing law, state preemption has weakened local zoning, land-use, and permitting authority even when communities bear the direct impacts. My solar-related FOIA documentation shows that large-scale projects have proceeded while public officials simultaneously claim renewable energy is too costly or harmful to consumers, and that federal programs intended to reduce household energy burdens were withdrawn without proactive public explanation or documented cost-benefit analysis. These outcomes conflict with the stated purposes of economic development statutes under W. Va. Code § 5B-1-1, which require development policy to serve the public interest and economic well-being of the state, not merely expedite projects without accountability. HB 4509 does not prohibit development or repeal state involvement. It restores the ability of local governments to exercise their traditional police powers over land use, zoning, and permitting, consistent with municipal authority under W. Va. Code § 8-12-1 et seq. and county authority under W. Va. Code § 7-1-3. When state agencies retain certification power while withholding key information, local governments must be able to assess infrastructure strain, water impacts, and community compatibility based on actual conditions. Economic development should not override transparency obligations under the West Virginia Freedom of Information Act, W. Va. Code § 29B-1-1 et seq., nor should it remove local accountability when public trust has been undermined by incomplete disclosures and policy reversals. Restoring local jurisdiction through HB 4509 strengthens democratic oversight, protects residents from undisclosed risks, and ensures that energy and infrastructure projects proceed lawfully, transparently, and with community consent. For these reasons, I urge passage of HB 4509.
2026 Regular Session HB4509 (Energy and Public Works)
Comment by: Pamela Ruediger on January 20, 2026 11:47
This bill proposes a solution to a grievous betrayal by the governor and legislators last year by reinstating the right of citizens to comment on objectionable actions being forced on West Virginian citizens!
2026 Regular Session HB4509 (Energy and Public Works)
Comment by: Susan Perry on January 20, 2026 11:48
It would be very helpful if the Legislature would commission a study on the potential economic and environmental effects of data centers.  It is difficult to EFFECTIVELY regulate an industry when you don’t truly know what you are dealing with.  They exist in other states and countries so let’s learn from them.
2026 Regular Session HB4509 (Energy and Public Works)
Comment by: Emma Conley on January 20, 2026 21:05

I am in favor of HB4509. Efforts for economic growth must not undermine the communities that will shoulder the burden of large data centers. Local municipal authority is essential for transparency among citizens and surrounding industries.

2026 Regular Session HB4509 (Energy and Public Works)
Comment by: Joseph lewandowski on January 22, 2026 06:20
I’m completely for striking down HB2014, but if the only option the state will allow is a rewrite of a flawed piece of legislation then I will support that as well. I think it’s extremely offensive and downright corrupt that our state gets to say what happens in OUR communities. These micro-grids ARE going to affect us in negative ways, due to both pollution and draw on the grid. If data centers don’t affect people’s lives, then why did a community in Oregon that is surrounded by data centers see almost a 50% increase in their energy bill? Another thing, does anyone in Charleston know how fast microchips are advancing. By the time these centers are completed, they will be 2-3 generations behind of what they initially intended on using for processing power. There’s another waste of taxpayer money they most likely factored in (behind closed doors with the corporations most likely) Not all of us mountaineers are uneducated and unaware of what’s going on. I for one do not like being sold out to the highest bidder, whether that be the government or a greedy blood-sucking corporation.
2026 Regular Session HB4509 (Energy and Public Works)
Comment by: Carolyn Culver on January 22, 2026 20:07
It is imperative that local jurisdictions have a voice in their communities, so that we can protect the economic diversity of West Virginia. Areas like Tucker County already have lucrative tourism based economies that will be irrevocably damaged if not protected. We can all work together to bring prosperity to West Virginia while protecting our Wild and Wonderful heritage and vital local economies for future generations.
2026 Regular Session HB4509 (Energy and Public Works)
Comment by: Sarah Deacon on January 23, 2026 12:39
Local governments are closest to the people affected by these projects and are best positioned to weigh land use, infrastructure capacity, environmental impacts, emergency services, and long-term community needs. A one-size-fits-all, state-level approach ignores local conditions and undermines local democracy. Economic development should not come at the expense of local control, and communities should retain the right to decide what types of large-scale industrial and energy facilities are appropriate for their area.
2026 Regular Session HB4509 (Energy and Public Works)
Comment by: Justin Harrison on January 28, 2026 18:24
This is a good bill and it should be adopted.  Return local control to West Virginia's localities.
2026 Regular Session HB4530 (Energy and Public Works)
Comment by: Brian Powell on January 19, 2026 20:48
I oppose this bill. There is no reason why intersections in retail shopping areas should be prioritized any differently than any other road improvement project. A better course of action is to require that property owners generating a significant amount of traffic be assessed the cost of making improvements that serve their properties rather than expecting taxpayers to pay the bill.
2026 Regular Session HB4557 (Energy and Public Works)
Comment by: Sara M on January 24, 2026 16:34
It is our constitutional right to speak out against an unjust and tyrannical government. People should not be blocking traffic, or roadways, but a felony? Come on!
2026 Regular Session HB4631 (Energy and Public Works)
Comment by: Toki on January 29, 2026 22:16
This seems good
2026 Regular Session HB4642 (Energy and Public Works)
Comment by: toki on January 29, 2026 22:23
I'm for this.
2026 Regular Session HB4653 (Energy and Public Works)
Comment by: Jacquelyn Milliron on January 22, 2026 14:31
Dear Legislators, Please vote yes on HB 4653.  Ratepayers across WV can no longer tolerate having some of the highest water and sewer rates in the nation while still being at the bottom economically.   It is time that WV Government start regulating monopolies because let's face it, monopolies aren't subject to competition and West Virginians are being smothered in corporate public health schemes.  This bill clearly advocates for ratepayers to NOT be required to buy themselves back over and over again through utility equity acquisition schemes which drive up rates for people who, statutorily, have nowhere else to go for potable drinking water and sanitation.  This Bill is a great start to leveling the field advantage that some utilities have had for some time now. Please vote yes on this Bill! Thank you for your consideration of my comment. Sincerely, Jacquelyn Milliron (Jefferson)
2026 Regular Session HB4653 (Energy and Public Works)
Comment by: Paula Salvo on January 27, 2026 17:52
This bill should be pasted to protect all consumers from unfair practices of public utilities.
2026 Regular Session HB4675 (Energy and Public Works)
Comment by: Sherry L Boyles on January 29, 2026 20:27
Please pass this bill & get rid of this insane stormwater tax that we are paying in Martinsburg.
2026 Regular Session HB4675 (Energy and Public Works)
Comment by: Ron Hurst III on January 31, 2026 11:51
Taxing the weather is SOCIALISM. If you claim to be a small government conservative, then you should want this "rain tax" eliminated! Vote to pass this bill as is.
2026 Regular Session HB4745 (Energy and Public Works)
Comment by: Toki on January 23, 2026 02:35
HB4745 is a needed one. WV is already impoverished enough.We dont need to be paying increased rates to export our power.
2026 Regular Session HB4824 (Energy and Public Works)
Comment by: Jayli Flynn on January 27, 2026 11:10
I oppose HB 4824 based on the following statutory and factual considerations: HB 4824 would add a new article to West Virginia Code Chapter 24, requiring public and private utilities regulated by the West Virginia Public Service Commission (PSC) to deposit five percent of revenues generated from an approved rate increase into an Infrastructure Improvement Fund. The bill restricts use of those funds to capital utility infrastructure projects and prohibits recovery of the set-aside from customers through rates or fees, as administered under W. Va. Code §24-2-1 et seq. (Public Service Commission authority). West Virginia is currently receiving infrastructure funding under the Infrastructure Investment and Jobs Act, Pub. L. 117-58 (2021), which provides federal funding for roads, bridges, water systems, broadband, and related infrastructure through programs administered under 23 U.S.C. §101 et seq. (highways) and 33 U.S.C. §1251 et seq. (Clean Water Act infrastructure funding mechanisms). These federal funds include projects located in Cabell County and the Huntington area. The federal Build Back Better Act was a separate legislative proposal and did not pass Congress. Current infrastructure funding in West Virginia is derived from enacted federal law, not from that proposal. Recent state legislation has reduced or streamlined regulatory oversight for certain large-scale industrial developments, including data centers and associated microgrid districts, by limiting Public Service Commission jurisdiction and local regulatory authority. These changes are reflected in amendments to W. Va. Code §24-2-1, §24-2-11, and related provisions governing PSC review, as well as economic development statutes authorizing exemptions or alternative regulatory structures for high-impact facilities. Data centers are documented high-demand users of electricity and water infrastructure, increasing load on public utilities and water systems regulated under W. Va. Code §16-1-1 et seq. (public health and water systems) and W. Va. Code §22-11-1 et seq. (water pollution control). West Virginia water infrastructure has been documented as aging and underfunded, with multiple systems operating under compliance, capacity, or maintenance challenges. At the same time, state policy continues to pursue reductions in personal income tax revenue under W. Va. Code §11-21-1 et seq., which is a primary funding source for state agencies responsible for infrastructure oversight, inspections, enforcement, staffing, and maintenance. These agencies include those operating under W. Va. Code Chapters 16, 22, and 24. HB 4824 does not establish a stable, statewide funding mechanism for non-utility infrastructure such as roads, snow removal, regulatory staffing, or water quality enforcement, nor does it require evaluation of cumulative infrastructure impacts associated with increased industrial demand. HB 4824 creates an infrastructure funding requirement that is contingent upon rate increases rather than proactive infrastructure planning and does not address broader infrastructure funding gaps arising from regulatory changes, increased industrial demand, or reduced state revenue.
2026 Regular Session HB4832 (Energy and Public Works)
Comment by: Dana on February 4, 2026 13:49
Its timely that you all change this bill to reflect the challenges that have been presented with the data center that will be in Tucker Co. Now, these data centers dont have to be transparent and provide their redacted data, that the public deserves to see. All of this is being covered up and the public is against these data centers completely.
2026 Regular Session HB4835 (Energy and Public Works)
Comment by: Delegate Elliott Pritt on January 29, 2026 11:23
Traffic Light Safety Study    1010-001.pdf
2026 Regular Session HB5008 (Energy and Public Works)
Comment by: Jayli Flynn on January 30, 2026 12:21
I oppose House Bill 5008 as introduced because it establishes groundwater reporting requirements without enforceable protections, public notice, health-based standards, or accountability mechanisms, while prioritizing “growth county” development over community water security and public health. 1. Reporting without enforcement does not protect water resources HB 5008 amends §22-26-8 to require reporting of underground water extraction, but the bill:
  • Does not establish withdrawal limits,
  • Does not require corrective action when over-withdrawal occurs,
  • Does not trigger enforcement, penalties, or permit suspension,
  • Does not require public disclosure in accessible formats.
West Virginia’s own history shows that data collection without enforcement does not prevent harm. Environmental compliance records obtained through FOIA demonstrate that reporting alone has not prevented repeated permit exceedances, delayed disclosures, or prolonged infrastructure failures. A reporting-only framework risks normalizing depletion after the fact rather than preventing it. 2. “Growth counties” creates unequal protection and incentivizes industrial overuse HB 5008 limits its focus to “growth counties,” a designation commonly associated with:
  • industrial expansion,
  • large-scale infrastructure projects,
  • data centers and energy-intensive development.
This structure:
  • Prioritizes commercial and industrial extraction in growth zones,
  • Provides less protection for rural and environmental justice communities outside those counties,
  • Treats groundwater as an economic input rather than a shared public resource.
Groundwater aquifers do not follow county boundaries. Selective reporting based on economic growth classifications is arbitrary from a hydrological and public-trust perspective. 3. No public health standards or cumulative exposure analysis HB 5008 contains no requirement to evaluate or disclose:
  • PFAS contamination,
  • disinfection byproducts (TTHMs/HAAs),
  • chromium-6,
  • nitrate loading,
  • cumulative or chronic exposure risks.
FOIA-documented water data in West Virginia show that legal compliance does not equal health protection, especially for long-term low-dose exposure. A water resources bill that ignores health metrics and medical relevance fails to meet modern environmental governance standards. 4. No public notice or transparency requirements HB 5008 does not require:
  • notice to residents whose wells or aquifers may be affected,
  • public posting of extraction data,
  • FOIA-ready or machine-readable reporting formats,
  • disclosure of enforcement actions or violations.
This is especially concerning given documented transparency failures in prior water and wastewater oversight, including inaccessible records, delayed disclosures, and missing enforcement documentation. 5. Inconsistent with the Public Trust Doctrine Water resources in West Virginia are held in trust for the people, not reserved primarily for industrial growth. HB 5008 shifts policy toward development-first water allocation without safeguards to ensure:
  • long-term aquifer sustainability,
  • protection of private wells,
  • intergenerational equity,
  • or meaningful public participation.
Conclusion HB 5008 should not advance in its current form. A responsible groundwater protection bill must include:
  • enforceable withdrawal limits,
  • mandatory public disclosure,
  • health-based standards,
  • cumulative impact analysis,
  • and clear enforcement triggers.
Without these protections, HB 5008 risks becoming a paper compliance mechanism that facilitates groundwater depletion rather than preventing it. For these reasons, I respectfully urge legislators to OPPOSE HB 5008 as written.
2026 Regular Session HB5018 (Energy and Public Works)
Comment by: Jayli Flynn on February 3, 2026 07:32
Dear Members of the House Energy and Public Works Committee, I respectfully submit this public comment in opposition to HB 5018 for the following reasons: 1. Public Safety and Emergency Access Concerns HB 5018 would remove active maintenance — including snow plowing, grading, and repairs — from numerous segments of the road network, specifically roads with an average daily traffic (ADT) below 10 vehicles per .1 mile, including cul-de-sacs, dead ends, and city streets.  This change could create dangerous conditions during winter weather and emergencies. Roads that become impassable due to snow, ice, or storm damage can isolate residents and delay or block access for emergency services, school buses, deliveries, and daily errands. Removing maintenance duties without ensuring an alternate method to keep these roads passable will directly harm public safety. 2. Confusion Over Liability and Responsibility The bill leaves rights-of-way “maintained on paper only” but eliminates actual maintenance, without reducing county WVDOH budgets.  This creates legal ambiguity about who is responsible for conditions on these roads. If an unmaintained road causes a crash, injury, or damage — which could also affect out-of-state visitors unfamiliar with local conditions — it is unclear whether the state, county, or municipality would bear liability. Such uncertainty may invite costly litigation and complicate local government risk management. 3. Impact on Residents, Businesses, and Taxpayers Even low-traffic roads are essential lifelines for residents and small businesses. Many rural households rely on “dead end” or low-volume roads to reach essential services. Roads that go unplowed or unrepaired can prevent residents from getting to work, grocery stores, medical appointments, and schools. Snow and poor surface conditions also increase vehicle wear, accidents, and emergency service response times — all of which impose economic and personal costs on taxpayers. 4. Lack of Clear Local Funding or Maintenance Plan The bill does not propose a viable replacement for state maintenance or provide funding mechanisms for counties or municipalities to assume this responsibility. Counties already struggle with limited budgets, and shifting these duties without financial support would stretch local resources thin. This could exacerbate inequities between well-funded and under-funded counties. 5. Undermines Established Highway Standards and Public Expectations Current law empowers the Commissioner of Highways to oversee construction and maintenance of the state road system. Removing duties for certain roads undermines that statutory framework and the expectations of residents who pay taxes with the understanding that the state will maintain its road network.  Conclusion For these reasons, I urge you to oppose House Bill 5018 or to amend it to ensure that all public roads remain safe, accessible, and clearly maintained — with transparent responsibility for maintenance and adequate funding. Thank you for your consideration.
2026 Regular Session HB5024 (Energy and Public Works)
Comment by: Jayli Flynn on February 3, 2026 07:41
While I support incentives for those who serve as volunteer firefighters, I oppose HB 5024 because waiving DMV fees for certain groups may set a precedent of exempting specific populations from fees without a clear funding plan — and West Virginia already faces tight transportation and public safety budgets. HB 5024 proposes to waive fees for volunteer firefighters (including license plate, vehicle registration, driver’s license, and inspection fees). The bill does not create new revenue to offset these waived fees, meaning the revenue that typically supports DMV operations and state road funds will be reduced without an identified replacement. Reduced fee revenue can have ripple effects on how transportation and public safety services are funded overall. Moreover, relying primarily on fee waivers might not effectively address the deeper systemic challenges volunteer fire departments face in West Virginia, such as lack of steady funding for equipment, training, and long-term sustainability. Tax exemptions and fee waivers are symbolic incentives but do not replace the need for stable investment in emergency response infrastructure and workforce support. Communities may be better served by policies that strengthen recruitment and retention through sustainable funding sources rather than fee exemptions alone.”   1. Bill focus and fiscal impact: HB 5024 would waive specific DMV fees for volunteer firefighters, reducing revenue that goes into state funds (like registration and inspection fees). It does not include a detailed funding mechanism to replace that revenue.  2. Broader funding context: Transportation and DMV fee revenue contribute to road and vehicle services. Without replacing waived fees, there can be a fiscal impact on those funds. The state budget process has to consider how revenue sources (taxes and fees) balance with expenditures — which is why fiscal notes and budget analyses are part of the legislative review. 3. Volunteer fire departments still need sustained support: Fee waivers address a small cost for volunteers but do not resolve bigger financial pressures volunteer departments face, such as equipment costs, vehicles, training, and operational funding. Many departments struggle financially and need reliable funding beyond symbolic incentives.
2026 Regular Session HB5038 (Energy and Public Works)
Comment by: Jayli Flynn on February 3, 2026 08:23
I submit this comment in opposition to HB 5038. HB 5038 is framed as an economic growth and electricity affordability measure, yet the substance of the bill prioritizes the expansion of coal-based generation and coke production without addressing the documented long-term risks associated with pollution, public health, regulatory enforcement, and economic liability. The bill advances industrial development while relying almost entirely on existing regulatory language, despite a well-documented history in West Virginia of enforcement gaps, legacy contamination, and community harm tied to heavy industrial facilities. While the bill states that projects must comply with existing state and federal air quality standards, it does not strengthen monitoring, transparency, or enforcement mechanisms. In a state with ongoing concerns related to industrial emissions, water contamination, and cumulative pollution burdens, reliance on baseline compliance is insufficient. Past deregulation and regulatory rollbacks have already limited oversight capacity, and this bill does not correct or acknowledge those weaknesses. HB 5038 also fails to address environmental justice impacts. Historically, coke plants and other heavy industrial facilities have been located near low-income communities and communities of color, exposing residents to disproportionate health risks. The bill contains no provisions requiring cumulative impact analysis, community consultation, health impact assessments, or enhanced protections for affected residents. In addition, the bill does not demonstrate how prioritizing coal and coke infrastructure will result in sustained electricity affordability for consumers. It includes no rate protections, no cost-containment mechanisms, and no requirement that any economic benefits be passed on to ratepayers. Economic development claims are asserted without measurable benchmarks or accountability standards. The bill further entrenches reliance on a single energy pathway at a time when diversification, resilience, and long-term risk management are critical. By statutorily prioritizing fossil-fuel-based infrastructure without parallel investment in alternatives, the Legislature risks locking the state into future environmental remediation costs, public health expenses, and economic volatility. HB 5038 reflects a broader policy pattern in which industrial interests are advanced ahead of public health, transparency, and long-term fiscal responsibility. Economic growth should not be pursued by externalizing environmental and health costs onto communities while weakening the state’s ability to respond to future risks. For these reasons, HB 5038 should be rejected or substantially amended to include enforceable environmental protections, community impact requirements, transparency measures, and clear evidence that the bill will provide measurable public benefit rather than concentrated private gain. Thank you for the opportunity to submit this comment.
2026 Regular Session HB5039 (Energy and Public Works)
Comment by: Jayli Flynn on February 3, 2026 08:27
I oppose HB 5039 based on documented public-health data, regulatory structure, and cost impacts specific to West Virginia.
  1. West Virginia already operates below national protective standards. West Virginia has historically adopted less stringent enforcement and higher allowable parts-per-million (ppm) thresholds for certain pollutants compared to national benchmarks and peer states. This regulatory weakening has not reduced harm; instead, it has coincided with higher rates of respiratory illness, cardiovascular disease, and pollution-linked health conditions relative to national averages.
  2. Higher allowable ppm correlates with higher incidence rates. Public health and environmental data consistently show that increasing allowable pollutant concentrations does not eliminate harm — it increases exposure. Even small increases in ambient pollutant levels (including PM2.5, ozone precursors, and co-pollutants associated with combustion) are associated with measurable increases in emergency room visits, hospitalizations, and chronic disease burden. West Virginia’s outcomes already reflect this trend.
  3. Deregulation compounds existing weaknesses. HB 5039 proposes repealing West Virginia’s Air Pollution Control framework (WV Code §22-5-1 et seq.) without replacing it with enforceable monitoring, permitting, or compliance mechanisms. Removing state-level oversight further weakens an already diluted system, increasing the likelihood of delayed detection, underreporting, and cumulative exposure.
  4. Federal standards still apply, but costs shift to the state. Even if state statutes are repealed or weakened, federal Clean Air Act requirements remain enforceable through the EPA. However, when states reduce their own enforcement capacity, compliance failures are more likely — resulting in higher remediation costs, federal intervention, legal exposure, and loss of state control, all of which increase costs borne by taxpayers rather than regulated entities.
  5. Documented costs rise when oversight is reduced. When pollution controls are weakened, costs do not disappear — they reappear as Medicaid expenditures, infrastructure remediation, emergency response costs, insurance premium increases, and long-term public health liabilities. These costs are consistently higher than the cost of prevention and enforcement.
Because West Virginia already experiences higher pollution-related illness rates while operating with weakened standards, further deregulation is not supported by evidence. HB 5039 would exacerbate existing health, fiscal, and regulatory risks rather than reduce them. For these reasons, based on documented data, regulatory structure, and cost impacts, I urge rejection of HB 5039.
2026 Regular Session HB5040 (Energy and Public Works)
Comment by: Jayli Flynn on February 3, 2026 08:31
House Bill 5040 modifies existing oversight by requiring the Division of Highways to submit an annual paving and resurfacing plan rather than maintaining more frequent or ongoing reporting. While the bill does not appropriate new funds or authorize new construction, it reduces the regularity with which road conditions, maintenance needs, and resource gaps are formally reviewed by the Legislature. At a time when state leadership has publicly acknowledged funding shortages and staffing reductions within the Department of Transportation, decreasing the frequency of required reporting weakens transparency and accountability. Less frequent review delays the identification of deteriorating road conditions, emergency access issues, and inequitable maintenance patterns, particularly in rural and underserved communities that already experience slower response times. Infrastructure oversight functions as an early warning system. Limiting how often information is reported does not reduce costs or improve efficiency; it increases the risk that problems will go unaddressed until they become more expensive and more dangerous. For these reasons, HB 5040 moves accountability in the wrong direction and should be opposed or amended to strengthen, rather than reduce, regular legislative oversight of highway maintenance.
2026 Regular Session HB5069 (Energy and Public Works)
Comment by: Jayli Flynn on February 3, 2026 09:45
Checked I am submitting this statement in opposition to House Bill 5069 as introduced in the 2026 Regular Session of the West Virginia Legislature. 1. The bill does not provide equivalent energy incentives to residential taxpayers. HB 5069 and related energy policy frameworks incentivize corporate energy generation on private property through exemptions, expedited approvals, or regulatory flexibility. There is no provision in the bill that provides comparable statutory incentives, generation access, or rate protections to residential taxpayers. This results in unequal treatment under state energy policy. Fact: residential ratepayers do not receive the same statutory energy incentives or regulatory carve-outs as corporations under this bill. 2. The bill lacks requirements for a balanced renewable energy mix for incentivized projects. West Virginia has viable potential for both wind and solar generation. However, HB 5069 does not require incentivized private energy generation to include a diversified renewable portfolio such as both wind and solar, nor does it require integration with battery storage or other reliability resources. Fact: the language of the bill does not mandate a specific renewable energy mix or performance standard. 3. Independent or private energy systems under the bill are not required to benefit the public grid. There is no requirement in HB 5069 for independent generation developed by incentivized entities to share excess capacity with the public grid, reduce public rate pressures, or contribute to statewide grid resilience planning. Companies can establish private generation that serves only their facilities without obligations to strengthen the public grid. Fact: the bill does not include provisions that require private generation to benefit the public grid. 4. The bill does not strengthen net-metering rights or distributed generation access for residents. Existing net-metering policy enables small-scale distributed generation at residential sites. HB 5069 does not expand or protect net-metering rights for residential customers, nor does it reduce barriers to residential renewable generation. Fact: the bill’s text does not amend or enhance net-metering statutes for residential customers. 5. The bill’s structure creates uneven treatment between corporate and residential energy users. As written, the policy framework treats large corporate users differently from residential ratepayers by allowing corporate entities greater autonomy and incentives in energy generation while leaving residential customers subject to existing rate structures and grid limitations without commensurate benefits. Fact: the bill creates differing rights and obligations without statutory parity between residential and corporate energy users. 📌  Conclusion For these reasons, I respectfully oppose HB 5069. The bill fails to provide equitable energy policy treatment for residential taxpayers, does not ensure integration of a balanced renewable portfolio, and does not require that privately incentivized generation improve public grid reliability.
2026 Regular Session HB5123 (Energy and Public Works)
Comment by: Jayli Flynn on February 3, 2026 14:35
I oppose HB 5123 in its current form because, while it is presented as a consumer data privacy bill, it falls materially short of established data-protection standards already in effect in other states, particularly California. California’s privacy framework under the California Privacy Rights Act (CPRA) provides stronger, clearer, and more enforceable protections for consumers than HB 5123. California law recognizes “sensitive personal information” as a distinct category and grants consumers the right to limit its use and disclosure, including precise geolocation, health data, biometric identifiers, and personal communications. HB 5123 does not establish comparable, heightened protections for sensitive data, leaving consumers exposed to expanded data collection and secondary use without meaningful limits. HB 5123 also lacks several core safeguards that are standard in California, including:
  • Clear limits on how sensitive personal data may be used beyond opt-out mechanisms
  • Mandatory risk or impact assessments for high-risk data processing
  • A dedicated, independent privacy enforcement agency with rulemaking authority
While HB 5123 provides basic rights such as access, deletion, correction, and opt-out of sale or sharing, these rights are weaker in scope and enforcement than those guaranteed under California law. California additionally provides data portability rights and clearer disclosure obligations that ensure consumers can meaningfully understand and control how their information is used. West Virginia residents deserve data protections that are at least equal to those already recognized as necessary in other states, not a diluted framework that lags behind national privacy standards. In a time when personal data is routinely monetized, shared, and weaponized, partial protections are not sufficient. For these reasons, I oppose HB 5123 unless it is substantially amended to:
  • Create enforceable limits on the use of sensitive personal information
  • Require risk assessments for high-risk data practices
  • Strengthen transparency, portability, and enforcement mechanisms
  • Bring West Virginia’s consumer privacy protections in line with leading state standards such as California’s
Without these changes, HB 5123 risks creating the appearance of privacy protection while failing to deliver meaningful consumer control or accountability.