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.

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!

• 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.

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.

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.

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.

Data centers do not belong in Appalachia! Protect our land, our water, our ecosystems! We only have one planet, please help us protect it!

• 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.

• industrial expansion,
• large-scale infrastructure projects,
• data centers and energy-intensive development.

• 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.

• PFAS contamination,
• disinfection byproducts (TTHMs/HAAs),
• chromium-6,
• nitrate loading,
• cumulative or chronic exposure risks.

• 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.

• long-term aquifer sustainability,
• protection of private wells,
• intergenerational equity,
• or meaningful public participation.

• enforceable withdrawal limits,
• mandatory public disclosure,
• health-based standards,
• cumulative impact analysis,
• and clear enforcement triggers.

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.

• 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

• 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

• Residents can be billed for unsafe or unusable water
• Emergency declarations do not automatically trigger billing relief
• Agencies acknowledge contamination while disclaiming authority over financial harm
• The burden is placed on individual residents to navigate multiple systems rather than on the state to coordinate a unified response

• The Division of Highways and road maintenance
• Public education
• Emergency services
• Environmental oversight and public health
• State agencies tasked with regulatory enforcement

• Less funding for infrastructure
• Deferred maintenance and safety risks
• Increased burden shifted onto residents through fees, regressive taxes, or service cuts
• Greater instability in agency budgets that already struggle to meet statutory obligations

1. How essential public programs will be funded long-term
2. Which services will be reduced or eliminated
3. Why residents should expect improved outcomes with fewer resources

• WV Code §22-1-1 establishes that it is the public policy of the state to conserve natural resources and protect the environment for the benefit of present and future generations.
• WV Code §22-11-1 (Water Pollution Control Act) acknowledges that environmental harm is cumulative and directly impacts public welfare, ecosystems, and economic stability.
• WV Code §19-12-1 et seq. recognizes the importance of forests and forestlands to soil conservation, water regulation, wildlife habitat, and climate moderation.

• Deforestation and conversion of farmland for industrial and commercial development
• Habitat loss affecting native flora and fauna
• Increased flooding, erosion, and landslides tied to land disturbance
• Altered local temperature and moisture patterns caused by loss of forest canopy

• Regulating surface and groundwater flow
• Reducing flood damage to roads and communities
• Stabilizing soil and preventing landslides
• Supporting biodiversity and pollinators critical to agriculture

1. Preservation of forests and farmland
2. Clear statutory distinctions between environmental harm and sustainable infrastructure
3. Alignment with existing conservation and environmental protection statutes

• proportional penalty caps tied to property value or owner income,
• guaranteed remediation assistance or cleanup funding,
• independent oversight to prevent selective or retaliatory enforcement,
• and robust procedural safeguards before liens or continued penalties attach.

• cap penalties,
• ensure meaningful opportunity to cure,
• provide cleanup assistance,
• apply standards equally to industrial actors,
• and protect private property owners from indirect or constructive takings.

• Amend §29B-1-1 or any FOIA enforcement provision
• Establish penalties for incomplete or obstructed responses
• Require agencies to certify the completeness of FOIA productions
• Mandate delivery of records in accessible, non-restricted formats
• Provide remedies when agencies supply broken links or inaccessible files

• Missing enforcement records, including WVDEP inspection reports and consent or compliance orders tied to permit exceedances
• Incomplete disclosures, where responsive documents were acknowledged but not produced
• Inaccessible records, including contract addenda and bid materials provided only through restricted or nonfunctional links
• Omission of environmental review documents, such as Environmental Assessments or Findings of No Significant Impact for projects receiving state and federal funds
• Lack of proactive public notice regarding repeated wastewater permit exceedances and untreated discharge events

• Administrative decision-making without public oversight
• Post-hoc disclosure rather than contemporaneous public access
• Increased barriers for citizens seeking records related to environmental, health, or fiscal impacts
• Erosion of public trust in state agencies

• Environmental compliance
• Public infrastructure
• Water quality
• Wastewater treatment
• State and federal funding

• Strengthened FOIA enforcement provisions
• Clear requirements for accessible record delivery
• Mandatory disclosure of environmental and compliance records
• Accountability mechanisms when agencies fail to comply with FOIA

• wage increases,
• job creation tied to livable wages,
• local reinvestment,
• or measurable public benefit proportional to the tax revenue forgone.

• Rising electric rates tied to infrastructure recovery and generation costs
• Housing shortages and affordability concerns
• Limited wage growth compared to energy and corporate profit margins

• Residential rate stabilization mechanisms are strengthened
• Utility cost recovery does not disproportionately burden households
• Public infrastructure and housing needs are prioritized
• Economic incentives demonstrably benefit West Virginia residents first

• “Cliff smoothing” (gradual phase-outs) and/or transitional Medicaid coverage
• Strengthened state EITC or targeted tax credits for low-income workers
• Housing affordability actions to prevent rent from absorbing wage gains

increase the minimum wage, WVians cannot pay their bills.

A stronger minimum wage means stronger families, stronger communities, and a stronger economy.

As a resident of the Southern Coalfields, I have seen firsthand the impact of not having clean water in the communities. The bill HB 5525 aims to address this issue and provide funding for water infrastructure improvements in the areas. This bill is crucial for ensuring the health and safety of our residents. What we must have is:

• A vast increase in the initial amount being put in the fund they are creating… $10 million doesn't do anything. We still want $250 million.
• Eliminate the provision for fines. You can't fine struggling utilities to essentially force them to pay for their own upgrades.
• Eliminate the need to apply for grants and loans. This is a public health emergency. Emergency funding must be provided now. Thank you

There is no such thing as a sacrifice zone.

• Directing emergency funds directly to municipalities and PSDs based on need as determined by the DEP Drinking Water Intended Use Plan ranked projects.
• Removing fines for failing systems to pay this fund. We cannot "rob Peter to pay Paul." We cannot fine failing systems to pay for other failing systems.
• Allocate $250 million in emergency infrastructure funding for immediate use to address this ongoing public health crisis. (In just 4 of these counties it would cost $287M to fund what the DEP labels "high priority" projects there).
• Seeking "private sector partnerships" hastens the privatization of our public water systems. Remove this.
• Continuing a loan/grant program only leads to unequal distribution of funds. Send funds to each of these counties and allow them to address their top DEP ranked projects.

• Allocate initial funding for the bill as $250 million instead of the $10 million as is. $10 million is only 4% of the original $250 million idealized in the original Coalfield Clean Water Act proposal. It cannot substantiate any of the most critical needs projects, which according to the DEP currently stands at $287 million; this total of $287 million in critical needs is also for just four of the coalfield counties.

• Remove the provision that fines Public Service Districts. As is, this provision of the bill is self defeating due to A. the financial state of coalfield PSDs and B. the current quality of the existing water systems, which necessitate these overhaul projects in the first place. There should be an avenue for accountability that the work is being done, but as long as a PSD and its partners in the projects are working in good faith and making progress in the systems remediation, they should not be penalized.

• Remove the need to apply for grants/loans rather, these monies should be allocated directly to the coalfield counties based on the severity of needs and types of contaminants dealt with.

• In addition to lead pipe mitigation, other remediation efforts need to be given consideration such as for the clean up of heavy metals, PFAs, and chemical solvents.

I appreciate that our legislature is addressing the need for clean water in our southern counties.  However, I respectfully submit the following changes for your consideration so that the counties who have the greatest need will be upgraded immediately as this is an emergent situation.

The water situation in southern WV is dire and requires immediate attention. That things have gotten as bad as they have is an embarrassment. Do the right thing and get the improvements started!

Please get clean and safe drinking water for these people!! This is inhumane and absolutely ridiculous!!!!

I am respectfully urging the House Committee on Energy & Public Works to place HB 5585 on its agenda as soon as possible.

I think about how disruptive it can be to lose access to clean water in my own home for a few days and implore the committee to do the same. Imagine it persisting for weeks…months…years. Decades.

The effects on your family. Your children. Your parents and grandchildren, your pets and livestock, your friends and neighbors. 

What has been happening to our fellow West Virginians in the southern Coalfields is an atrocity. And beyond the most important aspect of this — the people directly affected — what does this say about who and what West Virginia is to everyone else watching?

Just last week, I was talking with a development economist from France who moved to the U.S. (not in WV) in 2023, and she, too, was well acquainted with the “water crisis in southern WV,” noting how sad the situation is.

We say all the time, with lots of pride, that we take care of one another here in West Virginia. Let’s prove it.

I urge you to prioritize HB 5585 so that the our neighbors in the West Virginia Coalfields can live in safe and healthy conditions.

Fund our Public Water with the needed funding for clean water. Stop deregulation of Off Site Power Grids. Let the public speak at Public Hearings in their communities.

Everyone, everywhere needs and deserves clean water. Water is the most important source because it is used for so many things in our everyday lives. People shouldn't have to go through this much to get what is a necessity for them and their families to survive.

Emergency funding exists for moments like this. When communities are facing urgent infrastructure and public health challenges, we must act swiftly and decisively. Passing this bill will allow critical resources to be directed where they are most needed — to protect health, restore trust, and strengthen communities.

This is not a partisan issue. It is about public health, dignity, and doing right by the people of West Virginia.

Please pass Bill 5585 and ensure that all West Virginians have access to safe, clean drinking water.

Thank you.

I urge the House Committee on Energy & Public Works to place HB 5585 on its agenda! 

• Please pass the bill for clean water.

• I support this bill because all of WV deserves clean water.

I am appalled that the citizens of this state must deal with this water, as well as other, infrastructure issues. It is your moral and Christian duty to pass  this measure. Then you must continue to repair this situation permanently for generation to come. These conditions are why people are leaving this state and others refuse to live here.

• You all make us pay for every drop of water we use so its fair to say that you all definitely have the funds to keep our water sanitary. Why do we have to beg for clean water? I ask that you please address this issue for as we suffer today,not only you and I but OUR family members will continue to suffer and get sick if you all don't make this an immediate priority. Dirty water leads to unimaginable heath issues and even birth defect, parasitic infections, cancers, mutations, colds, and yes death...Causing people to become weaker and weaker with every sip they take. We're not asking for material things or money were asking what God made this world of WATER..... Clean water is a matter of life and death. Continuing to neglect this as I stated above, will lead to not only my children suffering for decades but yours too. Stop being spiteful. Water isn't red or blue IT'S CLEAR OR I SAY, SHOULD BEEEEE CLEAR, CLEAN AND SAFE FOR ALL.

Our citizens have suffered from lack for years! Lack of clean water, lack of employment, lack of help to improve conditions, lack of care or concern by our state government. Now is the time! Support this infrastructure improvement to improve the living conditions for not just the current residents but for the future residents. Our Southern Coalfields need help, not just for themselves but for our entire state! Thank you.

Please support this bill.  We need to have meaningful local control for microgrids and high impact data center developments.  Any business coming into the state that will cause water issues for the citizens need to be closely looked at and not just rubber stamped.  From what I have heard, these data centers do not employ a lot of people anyway.

For those of us in WV who rely on groundwater for our homes and businesses, we need our groundwater protected.  It would be devastating to wake up one day to find we have no good clean water to run our homes.  Our well pump broke over the summer and being without water for several days was truly awful. We have a lot of farmers in Jefferson County who would be devastated to find they had no water to feed their crops and livestock.

We do not need data centers in Jefferson county!! It's not a good move for us.  It takes our precious water.  Let's not sell our souls and resources. We like farm land and need it! We like fresh water.

Dear Energy and Public Works Committee,

Please amend and pass this bill to restore the ability of communities to have input to decisions made regarding the use of public land and water and the building of data centers and other industrial sites on our good Jefferson County land. In growth counties (Jefferson County) as the term is defined in §7-20-3 of this code, with majority karst hydrogeology, any water utilized by data centers or any developments in a Microgrid District or high impact data center project, for any use other than domestic use, shall originate from surface water whether obtained from a utility or directly by the development. "Originate from surface water" is defined as relating to the intake of water when first drawn from its natural origin, clarifying that it be drawn from a surface water course not a subsurface well.

• Mandatory pre-construction karst assessments: Require site-specific hydrogeological surveys before any data center is sited in a county with documented karst geology, identifying cave systems, sinkhole risk zones, and groundwater flow paths.
• Clear definition of 'majority karst': Establish a scientific standard for determining which counties qualify, to eliminate administrative ambiguity and ensure consistent application statewide.
• Surface water withdrawal limits: Set enforceable daily and seasonal withdrawal limits tied to stream flow data to protect downstream users and aquatic ecosystems during drought conditions.
• Water use reporting: Require metering and quarterly DEP reporting of all water consumed, creating a public record and enabling early detection of overconsumption.
• Water-efficient cooling technology: Encourage or incentivize closed-loop, adiabatic, or air-cooled designs that dramatically reduce consumptive water use compared to traditional evaporative cooling towers.
• Renewable energy integration: Incentivize certified microgrid districts to incorporate renewable generation, solar, wind, or run-of-river hydro,  consistent with West Virginia's evolving energy landscape.