Clean water and decent living conditions is the way it should be!  Take care of the people of Southern WV.’

I urge the House Committee on Energy and Public Works to place HB5585 on its agenda as quickly as possible. The people of the Southern WV Coalfields need emergency water infrastructure repair, improvements, and construction and this bill would bring them the immediate help they need

It is extremely disappointing to see how many delegates are supporting HB4983. This bill fails to protect one of our most essential shared resources: water. The bill allows large industrial development to move forward without enforceable safeguards to ensure local water quantity is protected for residents, farmers, and small businesses that rely on dependable supplies. Current oversight does not fill this gap. The Department of Environmental Protection enforces water quality standards, not whether communities will have enough water as withdrawals grow. Without clear limits and cumulative impact review, the risk is placed on local families while data center facilities just have to register as large water users and they can take what they like. Just as troubling, HB4983 permits critical information to be hidden as confidential business information. When public resources are at stake, government secrecy is unacceptable. Americans expect transparency — not government shielding corporate impacts from public view. Water shortages affect livelihoods, property values, and community stability. Residents are paying close attention to decisions that put their water and their future at risk and is something we all will be remembering in November. HB4983 should not advance without enforceable protections for water quantity and full public transparency and participation. We will never stop fighting for our right to participate in the democratic process and to protect our homes and families. If only our legislators would do the same.

All West Virginians deserve clean water.  They deserve it more than foreign corporations and data centers.  Neither God or your fellow citizens will forgive you if you don’t pass this bill.

Please help Wayne and East Lynn, WV. The people in charge are doing nothing to help. They say the water is safe when it still smells like kerosene and is oily. The Mayor knew about the spill 3 days in advance. Did not shut the water plant down and says he would do nothing different to prevent this problem if he had it to do over. Someone please send help.

To the Member of the Standing Committee on Energy and Public Works, I am writing to request that you vote against HB4983. This legislative rule relating to certification of a microgrid district or certification as a high impact data center provides a framework that violates the public trust and actively undermines the well-being of the people of West Virginia.  It would enshrine a process that ignores the concerns of citizens about their property value, health, and ability to participate in local decision-making.  As a homeowner in Tucker County, I am extremely concerned about the possibility that my water supply would dry up or be polluted, that pollution from the Ridgeline project could worsen my respiratory condition.  Research shows that communities near power plants experience a decline in property value due to these projects, further eroding the ability of communities to fund infrastructure and support health care.  Any rule regarding the certification of microgrid districts or high impact data centers  must address the concerns of property owners, municipalities and county governments about the impacts such projects will have on water supplies, air pollution, local infrastructure, and sensitive locations such as schools.  As written, the legislative rule described in HB4983 does none of these, and asks the voters of West Virginia to trust a process shrouded in secrecy and vulnerable to the decisions of unelected bureaucrats.  I am calling on you to listen to the many people of our state who loudly demand greater oversight, transparency and accountability in the  certification and regulation of data centers. Respectfully, Jamie Jacobs

I urge passage of this legislation.  HB 5585 comes much closer to a solution for the southern coalfields than the alternative 5525.  West Virginians cannot wait for a fund to be set up, navigate the loan/grant process, and then pray for a response. Water is the essence of life and must be prioritized. Thank you.

I am respectfully urging the House Committee on Energy & Public Works to place HB 5210 on its agenda as soon as possible. As a nonprofit home repair organization serving Southern West Virginia, we see firsthand the overwhelming number of homes in desperate need of repair. While our team works diligently to address structural issues and critical plumbing needs, those efforts are undermined when families do not have access to clean, safe water. No home repair can fully restore dignity, health, or stability if the most basic necessity — clean water — is unavailable. We strongly encourage the Committee to prioritize HB 5210 so that the families we serve, and so many others across Southern West Virginia, can live in safe and healthy conditions.

I urge you to place HB5583 on the agenda.

I am respectfully urging the House Committee on Energy & Public Works to place HB 5585 on its agenda as soon as possible. As a nonprofit home repair organization serving Southern West Virginia, we see firsthand the overwhelming number of homes in desperate need of repair. While our team works diligently to address structural issues and critical plumbing needs, those efforts are undermined when families do not have access to clean, safe water. No home repair can fully restore dignity, health, or stability if the most basic necessity — clean water — is unavailable. We strongly encourage the Committee to prioritize HB 5585 so that the families we serve, and so many others across Southern West Virginia, can live in safe and healthy conditions.

TO WHOM IT MAY CONCERN - OUR REPRESENTATIVES IF YOU WILL, MAKE YOUR DAY. HAVE A LOOK AT WHAT ONE UNSUNG HEROE DID TO SAVE NOT ONLY THE USA’S HEALTH BUT MILLIONS ACROSS THE WORLD. https://youtu.be/fwghO1WWRFc DR. FRANCES KELSEY - STOOD UP FOR THE USA IN 1961 - 11 MONTHS OF SAYING NO AND RESEARCHING. WHEN ALL OTHER COUNTRIES AND MERRILL DRUG KEPT PUSHING, UNDER PRESSURE! LET’S BE UNSUNG HEROES IN OUR MOVE FORWARD. PLEASE LOOK LONG AND HARD AT THIS BILL. OUR PEOPLE DESERVE A SEAT AT THE TABLE AND TRANSPARENCY FROM WHO AND WHAT THEY MAY BRING.WATER IS AN ISSUE WE CAN’T LIVE WITHOUT! TUCKER COUNTY CONSERVES WATER IN THE SUMMER.PLEASE TAKE A LOOK IN STATES THAT HAVE DATA CENTERS ALREADY. THEY ARE PUTTING MORATORIUMS ON THESE CENTERS. THIS, IS OUR HEALTH, OUR PROPERTY VALUES, OUR RESOURCES. LET’S PUT A HOLD ON ALL UNTIL WE HAVE UPFRONT MEETINGS, NO DEALS BEHIND DOORS. COME TOGETHER WITH THESE COMMUNITIES. GIVE OUR STATE BOARDS TIME (90 DAYS IS NOT ENOUGH) TO REVIEW, RESEARCH AND COME BACK TO THE TABLE WITH MEANINGFUL MOVEMENT FORWARD. I AM NOT AGAINST PROGRESS BUT AM AGAINST PROGRESS THAT MAY TAKE US BACKWARDS INCURRING MORE MONEY TO PULL US OUT OF ISSUES CAUSED BY THESE CENTERS. ONE WILL NOT BE ENOUGH ON THE RIDGELINE DATA CENTER IN TUCKER COUNTY ESPECIALLY. 10,000 ACRES IS 15.5 MILES OF AVAILABLE LAND. HOW WILL WE EVER STOP THAT? IT’S NOT JOBS WHEN IT IS AI. IT IS JANITORIAL AND SECURITY JOBS. 10-15 AT THE MOST. THOSE ARE NOT JOBS THAT CHANGE AN ECONOMY. I HAVE RESEARCHED ALL OVER THE COUNTRY. PLEASE CONSIDER THESE CENTERS NEED OUR LAND. DRAW THE BOUNDARY AND MAKE WV A STATE THAT RESEARCHES AND SAYS ENOUGH! YOU WANT TO COME HERE, PUT YOU MONEY ON THE TABLE, REVEAL YOUR ENTITY INSTEAD OF USING A MIDDLE MAN. RELEASE TRUE RECORDS OF HOW AND WHAT YOU ARE DOING. TRUE RESEARCH, WHAT THEY DO TO OUR ENVIRONMENT THAT HAS BEEN SO PROTECTED FOR YEARS. THE INFORMATION IS OUT THERE, LETS WORK TOGETHER AND DO THE RESEARCH BEFORE WE SELL OUR SOULS YET AGAIN TO BIG MONEY AND THE HARM THAT IS LEFT BEHIND. I TRULY HOPE YOU WILL TAKE YOUR VOICE AND VOTE TO MAKE A DIFFERENCE THAT HAS YET TO BE SEEN ON HB2014 AND HB4983.  EITHER AMEND THE BILL OR LET IT DIE. WE NEED YOU AND ARE COUNTING ON YOU TO PROTECT US, YOUR CHILDREN, GRANDCHILDREN AND THE FUTURE OF WV. SINCERELY, PAM HYLBERT-EDER

I am writing to use the House Committee on Energy & Public Works to ask that HB5585 be place on the agenda. I grew up in McDowell County and still have family and friends in that area and clean water and access to water has been a critical issue for many years. I have witnessed family and friends without water that have to travel to places to get water or to take showers. When we visit our family in McDowell County, we bring bottled water to use for personal hygiene and cooking. Access to clean water should be seen as a priority for everyone and no one should be denied this basic need. Thank you for your consideration on placing HB5585 on the agenda.  

Move this bill onto the agenda. We should not have to fight this hard for the right to life.

I urge you to pass Bill 5585 for our citizens in our southern coal fields.  Their elders fueled our country for a century and need clean water like all other West Virginians!

I urge the House Committee on Energy & Public Works to place HB 5585 on its agenda...this bill is the crucial emergency funding piece needed to bring immediate help to southern WV Water is life...we're fighting for our lives!!!

Please consider putting this water bill on the agenda.  I was born and raised in Welch, WV and to see the residents being denied basic needs such as clean water is unacceptable and inhumane. Please place this bill on the agenda and do what is right for the residents of Welch and surrounding areas. Amy Cartwright, MSN, RN

This bill needs to be passed and signed into law! The hard working citizens of West Virginia deserve safe water!!

I am a WV native currently living in the Carolinas. I very much intended to move back to my home state for retirement. However I am shocked by your Data Center legislation. Total lack of transparency, no local control, no environmental safeguards, classifying large power plants as synthetic minor when they clearly are major. I just want you to know that you likely have lost a new WV resident for the sole reason of this ridiculous overreaching data center legislation. I do not want to live anywhere near a power plant with a data center.  Therefore there is no possible way to figure out a safe zone in WV where one of these will NOT be located.

Water sustains our life in these mountains unless it is polluted. Crops, cows, kids depend on you to protect the water that sustains life, not shortens it. Think about your neighbors and well as those tourists. Mounds of empty bottles of water isn’t wild or wonderful.

Water is life..............  people do not choose to live in areas of our state that have contaminated water.  Companies that refuse to clean up contaminants and toxins should be held responsible because they wanted the workers for their companies to help them make profits.  But when it's time to examine the faulty environmental practices that harm those same workers and community members they turn a blind eye. People cannot live without water.  Those elected officials need to make good on their promises to make WV better.  Ignoring this situation is unacceptable.  Step up and do the right thing.  Just because it's not happening to you doesn't make it any less important or urgent. Water is life.  Again, do the right thing and provide safe, clean drinking water for EVERY West Virginian. Notice I spelled it correctly!  

This bill is crucial to bring help for clean water to Southern West Virginia.

House Committee on Energy & Public Works, I urge you to put HB5585 on the agenda. This bill is the crucial emergency funding piece needed to even begin to skim the surface of addressing the water and public health crisis in Southern WV. Thank you.

Voting NO to this bill is the only way to represent the people and voters of WV. Elected officials have no business in eliminating transparency to the public for any industry. Private and business industries operate under the rule of laws of IRS and banking institutions and the classifications of the industry chosen. It is not for the state of WV to unconstitutionally create poltical laws that produce conflict of business and the people's interests. WV voters would vote by majorty of win to say NO to data centers. WV PSC should have all rules and regulations of any proposed data centers in this state for their energy and water needs - as all other businesses and residents in WV must follow. These conflict of interests done in the name of data centers do not reflect negatively upon our people for saying no to data centers in this state. But it does sadly reflect incompetence and ignorance and a selfishness for profits  - against all of our  people- by the elected officials who choose their own interests versus representing their people. WV has an election coming up. Anything done fraudulently and with conflict of interest of politics and policies against our people can be undone with new terms and new faces. Any poltical law can be amended. Remember this. I would advise everyone to consider where your integity is when you vote. Because the people will also cast their vote accordingly. WV voters says no to data centers.  Without 100% public transparency - as the WV PSC regulations would produce to the public - to be the authority over data centers for their water and eletricity needs- than anything else is a no go and should be voted NO on also.

I am writing you today as a concerned West Virginian. I urge you to reconsider the damage this bill will cause, for the people who have to live in WV. Our resources have already been depleted and they are continuing to be depleted. Data centers are not the answer. Data centers deplete water. Clean water is the most important resource we as West Virginia's deserve. Wayne County WV and Wyoming County are currently facing a water crisis due to what I believe is negligence from AEP. Oil is in the water. People cant shower, cant use the water from the tap and they are suffering! Wake Up! Not allowing transparency for the dangers these centers, that will destroy our land and water, puts West Virginians at risk. Im calling for full disclosure and transparency!

Thank you for recognizing the serious issue of water quality in our state.  I am not sure what this bill includes but hoping that there will be help coming to those who need safe drinking water in West Virginia.  Water is our most valuable resource, and we cannot be healthy without safe drinking water which is a necessity for life.

These rules fail to protect local communities and landowners:  (1) no provisions to regulate or track water usage;  (2) the developers are free to designate information as confidential;  (3) no provisions are made for local input or feedback;  (4) no accounting for environmental impacts;  and (5) no accountability from the Commerce Department.

This bill does not represent the interests of the vast majority of West Virginians. Our state already faces major issues with poor water quality due to acid mine drainage, chemical spills, fecal choliform, and other contaminants. Without proper oversight, data centers will exacerbate this issue. If we allow corporations to use our water unchecked, they will abuse it. In general, data center construction is unpopular among West Virginians, who overwhelmingly prize the state for its natural beauty. If we continue to allow companies like these to destroy our natural resources, we will have nothing left to give. Please do not allow data centers to kill our state.

This bill as written seems quite performative in nature and will continue to do very little to support the Coalfields clean water.  Water systems in the southern coalfields are crumbling and infrastructure investment is needed if people are going to continue to survive, not even thrive.  How do you push a tourism economy and economic development in these areas when you can't even drink the water and bathing in it causes rashes and burns?  Currently, infrastructure grants which require match and/or capacity to manage them are the most direct way to get support for these upgrades and we joke that we're building a new water system 1M at a time, because grants have a monetary cap and depend on a competitive application process. The 250M would be able to provide for much needed upgrades, not just fix a band aid of a water system in a handful of communities.  The smaller amount will perpetuate low-resourced behaviors between communities (who gets the money?) and  encourage more and more people to leave the area in search of water. I lived in Gary for 3 years.  I went without water for at least 80 days during that time- and I understand that there are many many many issues and systemic difficulties at play here.  I also think that the residents of the southern coalfields deserve to be treated like human beings and have an opportunity for clean water.

As a West Virginian, Im commenting to express my concern over this bill. Projects such as this should be held to high standards regarding their impact on the communities they are put in. West Virginians deserve transpancy! Please vote out this bill a

You folks are just out of your ever lovin’ minds.  What have you got to hide?  Just keep selling us all down the river - it’s why all of my well educated kinfolk have left the state.  Your children and grandchildren (if they stay in the state) - will suffer for this.

I agree with the need to protect our aquifers and surface waters in WV. The language in 22-26-A5 b-1 provides a very large work around on availability. The data center must be placed where appropriate water supply is available. b-2 Reduction in residential or agricutural supply may be realized after the permanent damage is done. We need stronger language and regulation. 22-26-A5 (a) Cooling water, if used, must be sourced from: (1) Municipal reclaimed water systems; or (2) Non-potable surface water sources expressly approved for industrial use. (b) Potable drinking water systems may not be used unless: (1) The facility demonstrates zero alternative availability; and (2) Use does not reduce residential or agricultural supply. (c) Under no circumstances may groundwater be substituted.

Pass this bill. Do whatever it takes to provide West Virginia residents with clean water. Water is a basic need. Before children can learn, parents can work, and communities can generate income there must be water. Water before tax cuts. The first job of the legislature is to serve its constituents. Water is life. Please get this done.

I do not see any Delegates with an electrical engineering degree sponsoring this bill. It sounds like more corporate protection sponsored by the power companies. The WVPSC is also not qualified to make decisions in such areas.  With 42 years in oil & gas production, I have said that the energy grid should be NATIONALIZED and totally ran as a non profit entity for the service of the entire population, along with water, healthcare, natural gas, etc. Instead these providers make billions in profit because congressional members buy their stock via Wall Street investments.   I have worked for Indiana Power, Paducah Power and Monongahela Power engineers on many projects for over 35 years. These are corrupt people who only see the bottom line = personal gain.  Every citizen needs the ability to install solar, hydro, or wind power generation for home use and be able to sell off the excess via "grid tie" & metering, but AEP does not allow this in WV.  I know this because I tried it and was refused by AEP.  Also we should be able to buy electricity from other suppliers via a co-op industry like other states have. AEP refuses this.  FERC Order 636 for un-bundling of pipelines was a great victory for citizens . Give us a similar bill concerning electricity.  Also, AEP gets away with environmental murder when they cut or clear right of way for a new power line. They are not held to reclamation standards like all other such companies. THIS DOUBLE STANDARD NEEDS TO E UNLAWFUL. Ask and Dept. of Forestry agent about the horrors AEP leaves behind. Need some phone numbers?  Just ask.

My family has been coal miners for 3 generations and I've been inside many mines myself with coal seams ranging from 32 inches high to 7 feet as well as some abandoned mines. I see no UMWA endorsements for this anywhere tagged to this bill. Historically, the UMWA has had and supported the maintaining and highly specialized training of many Mine Rescue Teams which includes annual competitions of simulated rescues from simulated disasters that were held around the state. This  training usually involved EXPERIENCED miners only, who were capable of reading underground mine maps, and recognize potential hazards on the spot. They were trained in using specialized equipment such as Self Contained Breathing Apparatus, aka SCBA and other similar equipment which required a custom fit for each man.  To simply designate any miner that was working in a mine that has a crisis such as a "RED HAT" miner or inexperienced miner is ridiculous, only serving to get such miners injured or killed as well. Many times the use of explosives may be required to move rock falls and VERY few miners have this training. Only highly experienced miners should be allowed to perform mine rescues and this bill should be a direct proposal from THE authority on mining = the UMWA and their engineering staff. Designated mine rescue crews already have the special gear needed.  In this proposed bill it appears that EVERY mine would need to purchase equipment and train rescuers at their own expense and maintain a certain pool of employees for such purposes.  I would vote against this bill.

Please, vote in favor of this bill. It does not directly affect me, my neighbors or my parishioners but in a spirit of compassion and care, we recognize the need for major help in the southern coalfields of our state for the resolution of unsafe water and systems which are antiquated and failing. Thank you.

We must stand together and acknowledge the current public health crisis that is leaving multiple counties in the southern region of West Virginia without access to clean water. Access to safe and clean water should not be delayed another year. Please support this bill.

Many of the people in the Southern Coal fields need clean water now. For far too long the Southern part of West Virginia has been shortchanged. Pass a Bill that works for all the people pleases do your job and do it right for all.

I encourage you to support clean water for the coalfields and pass this House Bill 5585. People need water. People deserve clean water. The time is now to take care of this and not just put a bandaid on the issue. It is time to support our friends and neighbors in southern WV.

I spent my first 7 years in Micco in Logan Country ( 46-53), playing along the nasty black creek. My mother taught in Omar at the Jr. High. It finally had to be closed because the creek was flowing through the school's basement. In the 90's, we led two work teams to McDowell Co. We could only use bottled or boiled water.  There was a strong sewage smell coming from the basement of the Headstart center where we were housed. Shortly after the second trip, my husband and I returned by way of Beckley, with a pickup overloaded with donated books. On the way in, it was easy to see the damage done by clear cutting and the damage done by the last flood. We delivered our books to the Book Depository around the corner from the Welch Hospital. A week later we watched TV as the next flood rushed through the hospital parking lot. We knew our books would be in the dam. So, does Berkeley Co really deserve clean water more than the coalfields?  Jane Morse

I'm very disappointed that the majority of delegates didn't vote for the amendment to this bill.  I'm not opposed to data centers but they need to be regulated.  WV citizens deserve protections.  The current law allows communities NO input on location of data centers, NO protection on water supply and NO meaningful air quality protection.

Esteemed members of the committee, Southern West Virginia has been in the throes of an ongoing public health emergency due to unsafe water for decades. The primary way to overcome this emergency is with emergency funding for immediate upgrades to infrastructure. The primary barrier to this fix is lack of adequate funding.   I urge you to support this amending of state code allowing Revenue Shortfall funds to be used for public health emergencies, so that we can get urgently-needed funding for Southern West Virginia water projects. If we won't use an emergency fund to address such a dire emergency, I question why we have such a fund.   Thank you in advance for doing the right thing.

As Chair of the Women’s Caucus of the West Virginia Mountain Party, I strongly support House Bill 5585 because it addresses a reality many of our communities already live with, which is that public health emergencies in this state are not rare events but rather recurring failures of aging infrastructure, environmental neglect, and delayed response by both Democrats and Republicans alike. Allowing the Rainy Day Fund to be used during declared public health emergencies is basic preparedness which provides common sense solutions to our common chaos. When families cannot drink their water, when schools have to shut off their water fountains, when entire towns rely on bottled water deliveries, that is a severe public health emergency. Southern West Virginia communities have experienced this over and over again, and they should not have to wait for the next budget cycle while contamination spreads and health risks grow. We saw what happened to our neighbors with DuPont. And our grandparents before that. HB 5585 is also a critical step toward making the Southern West Virginia Clean Water Fund Act workable in practice. Environmental justice cannot exist if the funding needed to respond to crises is locked away behind technical barriers. Rural communities, low-income communities, and communities already burdened by extraction industry impacts are too often the ones left waiting the longest for help. This bill ensures that when disaster hits, resources can move immediately where they are needed most. West Virginians pay into these systems. The least our state can do is ensure those resources are available when our people’s health is on the line. The Mountain Party believes clean water is a fundamental right, not a privilege determined by zip code, and HB 5585 moves us closer to a system where public health responses are timely, equitable, and effective. West Virginians know you all ally with corporate interests over our health and wellness. It has always been that way. We are asking you to change the course and take care of us. And our resources.

Bill 5585 could help many communities resolve their water emergency issues. Our citizens would live healthier and more productive lives without worrying about daily life activities. I support the passage of this bill and want to see it become law. Thank you. Stephen Bodnar

Pass this bill

Please support this bill on predicted water usage by potential data centers.  It is crucial that WV start tracking what water is to be used and where it will come from BEFORE industries go in.  It was clear in the committee meeting I listened to that we are behind the 8 ball for water regulation.  We have been blessed with a seemingly unlimited supply of water but that is not reality.  Underground water supplies can be damaged and they do not recover quickly or very well.  Our town/county relies on underground water and not surface water which is much cleaner and safer.  I don't want to see our underground wells contaminated or over used.  Please help protect the citizens of WV.

I am writing in support of HB 5590 and HB 5620 which is legislation that returns control of community development to the residents that reside within that community.   The stress on public utilities, clean water resources, and noise pollution will be their burden to bear and the agenda to court data centers that will not return jobs, property taxes or community benefits certainly do not offer any compromise to those directly impacted by that agenda.   West Virginia's entire history is one of raping the land, pillaging and polluting the resources, ignoring infrastructure for those who live here, and hauling those profits off to anywhere but West Virginia is not a playbook for a successful future.   Please protect the good citizens of West Virginia from history repeating itself to the benefit of pockets of a few select billionaires at the expense of our citizens.   Sincerely, Cynthia Nelson Morgantown, WV

While other states, including our neighbor, Kentucky, are working to protect their water, keep energy prices down, and make data centers take responsibility for the resources they use, this bill seeks to further give away our resources without requiring any responsibility to the owners and operators of these centers. West Virginia has long been victimized by large out-of-state companies coming in, using our resources, and leaving us with fouled water and higher bills. Please vote against this bill.

Clean water is essential to investment in communities. It is an issue too long neglected which why 100 million is not enough. 250 million would go much further in bringing southern WV into this century. Do the right thing. Thank you

There have been several bills introduced this session that purport to lower electric rates for West Virginia customers, but this is the first one that actually has a comprehensive program to do that.  Opening the electricity market to free enterprise, even if only for the community energy program and distributed energy via plug-in solar panels, is a critical first step to introducing true competition to our current monopoly utilities. Please give consumers choices, and adopt HB 5648.

I am writing as a concerned West Virginian to respectfully oppose the proposed legislation that would allow residents to opt out of obtaining a REAL ID–compliant driver’s license or state identification. I understand and appreciate the desire to protect individual choice and push back against unnecessary government involvement. Folks around here value their independence, and rightly so. However, in this case, I believe this bill does more harm than good for everyday West Virginians. The simple truth is that federal REAL ID requirements still apply, whether this bill passes or not. Allowing people to opt out at the state level does not shield them from federal rules for air travel or access to certain federal facilities. Instead, it creates confusion and sets people up for unexpected costs, delays, and frustration—often at the worst possible times. This bill would hit hardest those least able to absorb the impact: seniors, rural residents, low-income families, and people who don’t travel often enough to justify a passport but may need to fly for emergencies, family matters, or medical reasons. Many West Virginians live far from passport offices and can’t easily take time off work or afford extra fees. For them, a REAL ID is not a burden—it’s the most practical option. I worry that some residents will believe their standard license is “good enough,” only to find out the hard way that it isn’t when they’re standing at an airport checkpoint or trying to access federal services. That kind of surprise doesn’t help anyone, and it reflects poorly on state government when citizens feel misled. West Virginians are practical people. We don’t mind straightforward rules when they’re clearly explained and fairly applied. This bill, while well-intended, muddies the waters and shifts the burden onto the very people it claims to protect. For these reasons, I respectfully urge you to oppose this legislation and instead focus on ensuring that residents clearly understand their options and are not placed at a disadvantage by state law that cannot override federal requirements. Thank you for your time, your service, and for listening to the concerns of those you represent. Respectfully, Brad Riggleman Jefferson County, West Virginia]

Please include a "voice" for local government to comment on the location of data centers. These facilities will significantly impact water resources. Local governments have knowledge of areas in their counties where historic water data. unique hydro-geological characteristics (such as those found in the Shenandoah Valley), annual rainfall (average and historic cycles) and projections for housing and population growth all need to be factored in as considerations. Without local government input and consideration, local communities will face an uncertain future. West Virginia cannot survive as a viable and attractive destination for future residential  growth or industrial locations if there's no guarantee for  a reasonable expectation of sustainable water resources. Thank you for your consideration of my comments.

Please consider fully funding this bill to alleviate the water crisis currently occurring in Southern WV. These people, as all West Virginians deserve clean water. These citizens have went for too long as a result of the mines that have affected their water supply. Asking residents to rely on private companies  to fix this crisis is not going to work. Our WV Legislature needs to do the right thing and fully fund money to facilitate and provide clean water to Southern WV.

The people in the Southern Coal fields need clean water now. For far to0 long, the Southern part of West Virginia has been ignored and left behind.  They can not bathe,clean,  cook or drink the water that flows into their homes.  The spring water is also contaminated.  They deserve clean safe water.   Pass a Bill that works and streamline the process.  Why do they need to apply for grants?   You know they need assistance.   I am ashamed that the legislators and governor have not made this a priority.  I do not live in southern WV but I support any assistance they can receive.    They are a part of West Virginia and this should be everyone's concern. A Very Concerned Citizen, Carolyn Green

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.

• 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.

Raising the minimum wage would help working families in West Virginia keep up with the real cost of living. People who work full time should not still struggle to afford food, housing, and healthcare. Higher wages reduce reliance on public assistance, support local businesses because workers spend their earnings close to home, and help keep people from leaving the state for better opportunities.

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

I am a West Virginia resident asking you to treat the lack of clean drinking water in our coalfield communities as the public health emergency it is. Clean drinking water is a basic necessity. West Virginians cannot wait any longer.

I am disappointed that nothing has been done about this water crisis before since it has been ongoing for years. Now is the time to take action. Please fund this Clean Water Bill. Also please eliminate the fines for struggling local utility companies that cannot afford to pay for upgrades. Soon the rest of the states will be aware of the non action by the WV legislature. Now is the time to take action. Submitted by a registered WV voter.

Since 2015 the state of WV has maintained the same minimum wage of $8.25/hr. for the people. It is now 2026, 11 years later, and I encourage the hard working people of the legislature to support this bills' rate increase of $11.00/hr. This will be a driving force to attract people to WV as we will be competing with our neighbors OH ($11.00) KY ($7.25) and PA ($7.25). In addition, this will help our residents, that they will be paid a fair and livable wage. It will also promote residents that live along state borders to work within the state of WV instead of outsourcing jobs. This is truly a bill that will help the people of WV. I appreciate your time in reading this comment, and the good work you do for the people of this state, thank you.

My concerns on this bill reflect the impact on our communities, revenue for our state, as well as environmental protection. Unfortunately, I do not see in this bill how the state will hold data centers accountable with their use of water, power, taxes, and employment. Research has shown that an average consumption of power is 2 megawatt hours of power equating to 2,000 homes. How can our power grids sustain that usage, and what is the state going to do to ensure the company responsible for building this data center will incur the cost, not our residents? Will these centers bring jobs to our communities? Depending on size, can the state or company guarantee jobs that will sustain longer than just the construction process? Will these centers continue to employ multiple jobs (multiple totaling more than 100) per data center for our local residents long after construction is complete? How will these data centers be taxed for their usage and property tax? Research has shown, in the past, property tax only equates to the salvage cost of the building, and there appears to be some discrepancy as to how to account for usage. How will we ensure that our local rivers and streams will be protected and tested regularly for public safety? Data centers require large amounts of water for cooling and operations. I would like to see more information as to how data centers will benefit our state and our residents from a fiscal and environmental perspective and exactly how the state will use the revenue from these data centers. I greatly appreciate your time and efforts in helping WV and the people that reside here, thank you.

This bill is too centralized, cutting off local input. This is bad.

"BIG GOVERNMENT REPUBLICANS" strike again. DO NOT PASS THIS! Your citizens deserve the right to have a say what industry goes into our communities where WE have to live, unlike all of you. Data centers are not going to pay off for West Virginians, just for republican's bank accounts.

Please pass this bill.  We need to update the state minimum wage.  It is long overdue.

To the Committee, I am writing this comment to ask the committee to consider amendments/revisions to the currently proposed bill that:

• 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.

Thank you for considering these comments.

I think this bill should include solar generation and less emphasis on coal dependancy. Why? A major West Virginia electric utility supplier just announced construction of a new 1,200-megawatt natural gas power plant and 70 megawatts of new solar generation around the state. At the same time hundreds of West Virginia coal miners are losing their jobs. Why not build a new coal fired power plant? The political climate for coal hasn't been this good for decades. It is generally much cheaper and faster to build a natural gas-fired power plant than a coal fired plant. Gas plants have lower capital costs, often ranging from $500 to $2500 per kW. In over 99% of cases, new utility-scale solar projects have lower capital costs, and in many regions, they are even cheaper to operate than existing, already-built coal plants. It's the market that is dictating use of energy sources other than coal. West Virginia had better keep up.  

House Bill 4983 — one of the proposed data center bills — has passed out of the House Energy & Public Works Committee on Tuesday. It will be on the House floor for 2nd reading on Monday, February 16. (All Delegates can propose an amendment to the bill at this time.) During committee, a bipartisan amendment to add stronger transparency around water use was introduced. After nearly two hours of discussion, the amendment failed on an 8-12 vote, with 5 members absent. The bill advanced without added water-use disclosure requirements. PLEASE SUPPORT AN AMENDMENT TO HB 4983 FOR WATER USAGE TRANSPARENCY IN THE CERTIFICATION PROCESS.

Politicians jamming these data centers down the throats of West Virginians who clearly do not want them as "neighbors" speaks to their lack of true representation. Even this bill refers to them as 'a high impact data center'. Another example of representatives allowing out-of-state interests to take advantage of West Virginia with little benefit to the people living near these centers. Are we that desperate for new business?

ALL West Virginians deserve access to clean drinking water. Throwing a band-aid over a mortal wound is not going to be helpful. Adequate funding should be allocated to completely restore clean water access for everyone. This is the job of politicians in this state. Also, allowing data centers to take over in our state is a death sentence for WV. Unregulated bottom feeders will use our water and pollute it without any oversight. Look out for our future of this state like you are paid to do.

I appreciate the effort being made to address this public health crisis. This bill could be improved with the following amendments:

• 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.

I support the idea of addressing clean water infrastructure in southern West Virginia, but this bill doesn’t go far enough for the crisis our communities are facing. Spreading $10 million across 13 counties won’t come close to fixing systems that have been underfunded for decades. Many of these communities already struggle just to keep aging infrastructure running. Requiring them to navigate more grant and loan applications puts the burden back on the very places that lack resources and staff. Clean water is basic infrastructure, not something rural communities should have to fight for year after year. I’m also concerned about provisions that could increase privatization or fine systems that are already failing — those costs ultimately land on residents through higher bills. West Virginians don’t need more process; we need real investment that matches the scale of the problem. I urge lawmakers to strengthen this bill with larger direct funding and fewer barriers so help reaches communities quickly and fairly.

As a lifelong citizen of Wayne Co WV, I am asking that the leadership of our beautiful state change their decesion making process to be in line with the citizens. We are tired of bad leadership, you have allowed Wv water, air, and people to be harmed by your bad decision-making abilities. Anything that is not for. Higher water and air standards are a NO. We the citizens of WV that you work for need as a life essential clean water, clean air, and clean land. Please excuse yourself from your position if you are. against what the citizens are requesting. You should be ashamed to say that you represent a state that does not put its citizens first, citizens who have no clean water, no clean air.

The initial amount of $10 million is insufficient and needs to be increased to at least $250 million. The need to apply for grants should be eliminated. Fining the utilities will only result in privatization or rate increases.  Neither outcome is in the best interest of the consumers. We are in a crisis and need this funding to be available immediately.

I think it is imperative to fund clean water to these communities who have been going without for so long. It is unconscionable that it’s not already done.

Providing tax breaks to data centers but denying urgent accessible funding to the communities and people you “serve” for CLEAN DRINKING WATER is not good representation of the people. Please do the right thing. Stop lining pockets and start protecting and saving lives.  Respectfully.

There is no such thing as a sacrifice zone.

My name is Colin Ross, and I am a lifelong resident of Cannelton, West Virginia. My family has lived in this valley for generations, and I still live in the same home I was brought to as a newborn. I want to be clear: this is a public health emergency. The language of this bill does not reflect the urgency of what we are living with. This is not a future concern. This is happening now. Come to Cannelton. Smell the air. Look at the water. Talk to the residents. Review the citizen reports that have been submitted for years. Ask yourself honestly — would you live there? Would you raise your family there under those conditions? No community should be expected to live this way. House Bill 5525, as written, does not provide the level of urgency or funding necessary to fix this emergency. The proposed $10 million fund is not enough. The original request of $250 million must be restored to reflect the seriousness of the situation. Requiring struggling Public Service Districts to apply for grants or take on loans only delays solutions. Penalizing them with fines makes it worse. Communities like mine should not be forced to carry the financial burden of fixing a public health emergency. This bill must clearly recognize this situation for what it is — an emergency — and respond accordingly. We are not asking for special treatment. We are asking for basic protection. Clean water is not optional. It is a necessity for life. I respectfully ask the legislature to increase funding, remove barriers to access, eliminate fines, and treat this as the public health emergency that it is. Thank you.

This bill needs to be refined if it is to help the areas that are most deeply affected. These are the things I believe should be done: 1. A vast increase in the initial amount being put in the fund you’re suggesting. $10 million may seem reasonable, but people are suffering.  $250 million would go much further. 2. Eliminate the provision for fines. Please don’t  fine struggling utilities to force them to pay for their own upgrades. They can’t afford them. 3. Eliminate the need to apply for grants and loans. This is a public health emergency. Emergency funding must be provided now. Thank you for considering the need.

As a United Methodist Pastor, I am very concerned about the ongoing public health crisis in our southern coalfields. Throughout scripture access to clean drinking water is prioritized by God, as seen from Moses bringing forth water from the rock, to Jesus meeting people at the well, to Paul's letters continually reminding us to give water to the thirsty. And yet, our citizens are provided water that burns their skin, stains their clothing, and is not safe to drink. I am grateful that this bill is being brought forth, but the changes that have been made to it are unacceptable. In the United Methodist tradition, access to clean water is recognized as a human right. West Virginians deserve clean water. This is absolutely a public health EMERGENCY. We need this bill to increase the initial amount being put into the fund to at least $250 million. $10 million is not enough to solve the problems of the impacted infrastructure. The provision for fines must be eliminated. Struggling utilities need help, not punishment for problems they are unable to solve. This problem has been a result of many issues over decades--many caused by corporations, not the populace. The people cannot afford to fund the fees that would be charged to their utility providers, which cannot even provide clean water. The provision that requires applications for grants and loans is an undue burden intended to limit access to needed funds. The provision must, therefore, be removed. This is a public health emergency. Emergency funding must be provided now.

1. A vast increase in the initial amount of $10 million to $250 million 2. Eliminate the provision for fines. You can't fine struggling utilities to essentially force them to pay for their own upgrades, it reads as forced privatization or inevitable rate increases. 3. Eliminate the need to apply for grants and loans. This is a public health emergency. 4. This bill must define the metrics for determining which systems are "rural" or "underserved". 5. This bill must define specific scientific research referenced for setting maximum contaminant levels beyond the EPA, as already referenced in the original bill. 6. Although lead contamination should remain a priority, the state's most significant contaminants are PFAs (Occurrence of per- and polyfluoroalkyl substances and inorganic analytes in groundwater and surface water used as sources for public water supply in West Virginia) and nitrate (EWG Tap Water Database | West Virginia), indicating the emergent need for speedy implementation of existing projects. +-

Why would anyone vote against requiring DATA centers to have complete transparency on water usage? We have had a drought in the state the last two years and how many communities don't even have clean drinking water. I don't know what benefits these DATA centers will bring to the state. They will only provide a very few jobs, take up acres of land, use exorbitant amounts of water, cause noise pollution, light up our beautiful night skies with light pollution and use exorbitant amounts of electricity which will make our electric bills go up even more. So I ask, what do the people of this state get out of having DATA centers here?

Why would anyone vote against requiring DATA centers to have complete transparency on water usage? We have had a drought in the state the last two years and how many communities don't even have clean drinking water. I don't know what benefits these DATA centers will bring to the state. They will only provide a very few jobs, take up acres of land, use exorbitant amounts of water, cause noise pollution, light up our beautiful night skies with light pollution and use exorbitant amounts of electricity which will make our electric bills go up even more. So I ask, what do the people of this state get out of having DATA centers here?

I respectfully but strongly urge revisions to HB 5525 on behalf of the communities of the southern West Virginia coalfields. While the bill acknowledges a serious public health crisis, its current provisions fall far short of what is needed. First, the proposed $10 million initial investment is inadequate. Addressing decades of infrastructure failure requires a meaningful commitment, and we continue to request an initial allocation of $250 million. Second, the provision allowing fines should be removed—struggling utilities cannot be penalized into compliance without worsening the problem. Finally, this legislation must recognize the situation as a public health emergency. Emergency conditions require immediate, direct funding—not delayed relief through grant and loan applications. The people of the southern coalfields need action now. Respectfully, Mike Estep

I am a resident of Bluewell and a constituent of delegate Gearheart. These are some changes that are absolutely necessary to ensure we actually address this issue: 1. A vast increase in the initial amount being put in the fund they're creating...$10 million doesn't do anything. We still want $250 million 2. Eliminate the provision for fines. You can't fine struggling utilities to force them to pay for their own upgrades with money they don't have. 3. Eliminate the need to apply for grants and loans. This is a public health emergency. Emergency funding must be provided now

While HB 5525 acknowledges serious drinking water infrastructure and contamination concerns in designated southern West Virginia counties, the bill’s geographically limited scope raises concerns about equity, consistency, and statewide public health protection. Independent reporting has documented that West Virginia ranks among the highest in the nation for public water system health-based violations, affecting communities across the state — not only the counties named in this bill. Data compiled through EPA reporting and investigative journalism shows that infrastructure failures, contaminant exceedances, and capacity issues impact small and large systems statewide. If enhanced monitoring, infrastructure upgrades, and additional funding are necessary to protect residents in certain counties, the Legislature should clearly articulate the objective criteria used to exclude other communities facing documented violations and similar infrastructure deficiencies. Public health protections should not depend on geography. Safe drinking water is a statewide necessity under both federal Safe Drinking Water Act standards and existing West Virginia public health law. A regional approach risks creating unequal regulatory protection for residents in counties experiencing comparable contamination or aging system failures. Rather than limiting enhanced oversight and investment to a defined region, lawmakers should consider: • Establishing uniform statewide minimum monitoring and reporting standards • Creating a needs-based funding formula driven by violation data and infrastructure age • Ensuring transparent criteria for eligibility so all affected communities are treated equitably Water quality challenges in West Virginia are systemic. Addressing them through geographically narrow legislation does not provide consistent protection for all taxpayers and residents. For these reasons, I respectfully oppose HB 5525 in its current form and urge consideration of a statewide, data-driven water infrastructure and monitoring reform approach.

I respectfully oppose HB 5514. HB 5514 seeks to prohibit mandatory participation by West Virginia in the federal Real ID Act of 2005 (Public Law 109-13), declaring it unconstitutional under the Tenth Amendment. While states may decline to use state resources to enforce certain federal programs, federal law remains supreme under Article VI, Clause 2 of the U.S. Constitution (the Supremacy Clause). States do not have authority to nullify federal statutes through unilateral declaration; constitutional challenges must be resolved in federal court. The Real ID Act establishes minimum security standards for state-issued driver’s licenses and identification cards when used for federal purposes, such as boarding federally regulated commercial aircraft and entering secure federal facilities. If West Virginia restricts or impairs compliance, residents could face practical consequences, including reduced access to federally regulated services and travel disruptions. Currently, West Virginia offers both Real ID-compliant and non-compliant licenses. Participation is already optional for residents. Therefore, HB 5514 appears unnecessary from a consumer choice standpoint and risks creating confusion or administrative instability within the Division of Motor Vehicles. Additionally, implementation of Real ID standards has already required substantial administrative investment. Reversing or restricting compliance could create fiscal inefficiencies, legal uncertainty, and potential conflicts between state and federal systems. Public policy should provide clarity and stability for residents, not introduce uncertainty regarding identification validity for federal purposes. For these reasons, I oppose HB 5514.

I oppose HB 5485 because it raises West Virginia’s minimum wage to $11.00/hour effective after December 31, 2026 (Jan. 1, 2027) without any accompanying plan to prevent benefits cliffs and cost-of-living passthroughs that can leave low-income workers worse off.  1) The bill creates a benefits cliff risk (Medicaid/SNAP) with no mitigation. West Virginia’s current minimum wage is $8.75/hour under state law.  Raising wages can push some workers over eligibility thresholds for programs like Medicaid (WV is an expansion state, generally up to 138% of the Federal Poverty Level for adults) and SNAP, causing coverage loss or churn—yet HB 5485 contains no transitional coverage, phased benefit reductions, or hold-harmless provisions.  2) SNAP reductions can be steep even when incomes remain low. SNAP benefit calculations assume households spend 30% of net income on food; as income rises, benefits drop accordingly.  In practice, many workers experience sharp reductions in food assistance from relatively small income changes—especially when housing and utility costs are already high. HB 5485 does not address this predictable outcome. 3) Housing and prices can absorb wage gains. In tight local rental markets, landlords can raise rents when they believe tenants have more income, and labor-cost increases can also raise prices in labor-intensive sectors. HB 5485 contains no parallel housing affordability measures, anti-price-gouging enforcement triggers, or targeted relief to ensure the wage increase translates into real purchasing power. 4) The bill text itself includes a discrepancy that should be corrected before passage. The bill’s note states it increases the wage from $8.25/hour to $11.00/hour, but current WV law sets $8.75/hour.  This should be corrected for accuracy and fiscal clarity. If the Legislature wants to raise wages responsibly, it should pair any wage increase with:

• “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

Until HB 5485 includes a real plan to prevent loss of Medicaid/SNAP and rent/price passthroughs, I urge a NO vote.

This seems like a good one

I'm down for this.

this seems pretty fair

I oppose the bill. If you don't want flooding, particularly in areas with new development, you have to manage stormwater runoff. This costs money, but this bill would eliminate the ability to raise those funds from the people who cause the problem.

The market can determine what sources of energy best meet energy needs. We don't need this communist attempt at central planning.

This bill should not advance or pass as it does nothing to reduce the harms to the people of West Virginia in the parent bill passed last year. Giving only the state officials any say over data centers, and most of the property taxes they may pay, is a slap in the face to county and city officials and to the public--especially those who happen to live in the vicinity of one of the proposed data centers. Why are California billionaires our lords and masters, entitled to put their polluting, noisy, expensive, water-guzzling, energy-devouring monstrosities wherever they please in OUR state, while residents get just as much say in the matter as the local fieldmice? When relevant permits are issued in redacted form, that is an additional injury. If there is a drought, will the data centers have to shut down so that residents get enough water--or will residents be told they must sharply reduce use because the data centers must run 24/7? Same question if there is a power outage. Then there is the question of who will be left holding the bag if--or WHEN--the AI bubble bursts and most of the data centers are not needed. If the good of the people of WV is a significant consideration, the legislature should terminate this process and put any advance of the data centers on hold.

Dear readers, On behalf of WV Rivers Coalition members and co-signing organizations, I appreciate the opportunity to comment on SB256 involving DEP’s proposed legislative rules for consideration by the West Virginia legislature in 2026. The following comments were submitted to WV Department of Environmental Protection on 21 July 2025 and were endorsed by 9 co-signing organizations in West Virginia (listed below). We focus our comments on 47CSR02 involving water quality standards for selenium (Se). The proposed rule change would weaken water quality standards by increasing the whole-body fish tissue criterion for Se from 8.0 to 9.5 µg/g in most waters of the state (i.e., non-sturgeon waters). However, the ecotoxicological effects of mining-derived Se in wildlife populations are well known[1], and Se may persist downstream of mining activities for several decades[2]. For reasons provided below, we oppose weakening this water quality standard, and we believe that this change would work against the DEP’s mission to promote a healthy environment. First, DEP’s proposed revision has not undergone the normal process for rule change review by the Environmental Protection Advisory Council (EPAC). Instead, this was requested directly by the WV Coal Association in their letter to DEP dated August 16, 2024 and stems from a site-specific variance requested by Aracoma Coal Company and Highland Mining Company to allow more Se pollution in Dingess Run. We believe that EPAC review is important and necessary to revise water quality standards with sufficient public involvement and technical oversight. Moreover, state code (§22-1-9) provides that “the [DEP] secretary shall consider the council's recommendations for rulemaking when developing agency rules to be submitted for legislative approval,” yet this process was not followed in this case because EPAC members were not consulted. Second, the revised water quality standard would depend on the presence or absence of sturgeon, but this choice of focal species is arbitrary. The focus on sturgeon appears to stem from the coal industry’s proposal for a Se variance in Dingess Run in which their numerical model to calculate selenium limits yielded an undesirable result (in their opinion) with the inclusion of sturgeon genus Acipenser. Instead, the applicants chose to consider sunfishes (genus Lepomis), non-native trout (genera Oncorhynchus and Salmo), and pike (genus Esox). Notably, however, they chose to exclude genera within the minnow and carp family (Leuciscidae) which includes many of the species that will be sampled for their assessments or black basses (genus Micropterus) which are of economic and cultural importance in WV fisheries. Conversely, rainbow trout (Oncorhynchus mykiss) and brown trout (Salmo trutta) were included in the applicants’ calculations, but these species do not occur in the vast majority of sites where Se fish tissue sampling will take place. The selection of focal species in this case therefore constitutes an arbitrary decision with significant impact for implementation of the revised standard. Third, the revised water quality standard would increase costs and logistical effort to implement because it would require additional fish to be collected and analyzed for each sample. For instance, prior research in the Guyandotte River basin[3] demonstrates that higher mean selenium concentrations in fish communities contain more variation among individuals, and therefore more fish are needed to maintain statistical power while assessing compliance with a higher standard. Also, prior analysis of DEP data indicates that fish communities in WV rarely exceed the proposed standard of 9.5 µg/g Se (Figure 1), so the proposed water quality revision may be inapplicable to real-world conditions. This pattern may be in part due to increased mortality rates for populations exceeding measured Se concentrations. Such a weakened water quality standard therefore is unlikely to be protective of fish populations as required by aquatic life use designations across the state. For the above reasons, WV Rivers and the co-signed organizations request that you reject or revise this proposal to change the rules governing water quality standards. Thank you for considering our comments.   Sincerely, Nathaniel Hitt, PhD; Senior Scientist WV Rivers Coalition   Sandra Fallon West Virginia Environmental Council   Charles Marsh Sleepy Creek Watershed Association   Matthew Hepler Appalachian Voices   Leah Rampy Save Our Soil   Kay Schultz Town Run Watershed Association   Dane Gaiser Plateau Action Network   Kate Lehman Warm Springs Watershed Association   Amanda Pitzer Friends of the Cheat   Dave Bassage New River Conservancy   [1] Merovich, G., N.P. Hitt, E. Merriam, and J. Jones. 2021. Response of aquatic life to coal mining in Appalachia. Chapter 10 In: Appalachia’s Coal-Mined Landscapes. C.E. Zipper and J.G. Skousen, eds. Springer, USA. [2] Lindberg T.T., E.S. Bernhardt, R. Bier, A.M. Helton, R.B. Merola, A. Vengosh, and R.T. Di Giulio. 2011. Cumulative impacts of mountaintop mining on an Appalachian watershed. Proceedings of the National Academy of Sciences USA 108:20929-20934. [3] Hitt, N.P. and D.R. Smith. 2015. Threshold-dependent sample sizes for selenium assessment with stream fish tissue. Integrated Environmental Assessment and Management 11:143-149. https://doi.org/10.1002/ieam.1579

I respectfully oppose HB 5411 because it prioritizes energy market flexibility for large commercial and industrial customers while West Virginia residents continue to struggle with housing affordability, utility increases, food insecurity, and infrastructure instability. HB 5411 allows non-residential retail customers with demand over 1 MW to purchase electricity from third-party competitive suppliers, effectively removing large load from the traditional regulated utility structure. While the bill directs the Public Service Commission to prevent “unreasonable cost shifts,” the financial mechanics of regulated utilities raise legitimate concerns. Under W. Va. Code §24-2-1, the Public Service Commission sets just and reasonable rates, allowing utilities to recover fixed infrastructure costs. When large commercial users exit the generation rate base, those fixed costs do not disappear. They are often redistributed among remaining customers — primarily residential households and small businesses. West Virginia residents are already facing:

• 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

If large industrial customers are allowed to exit the regulated supply structure while continuing to use transmission and distribution infrastructure, there is a real risk that residential ratepayers will absorb a greater share of system costs. Additionally, the Legislature has repeatedly approved economic development incentives, tax credits, and infrastructure accommodations for corporations under various development statutes. Meanwhile, many West Virginians lack stable housing, reliable sidewalks and transit access, clean water infrastructure, and adequate public services. The West Virginia Constitution, Article X, §1, requires taxation to be equal and uniform. Public policy should reflect equal protection of residents who live, work, and pay taxes in this state — not preferential structural flexibility for high-load corporate consumers. Economic development is important. However, development that shifts financial risk onto residents while granting flexibility to large market actors is not balanced policy. Before expanding competitive carve-outs for major energy consumers, the Legislature should ensure:

• 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

West Virginia families — not just high-load commercial customers — deserve energy affordability and economic security. For these reasons, I urge the Legislature to reject HB 5411 or amend it to explicitly prohibit cost-shifting impacts on residential ratepayers and to prioritize taxpayer protections before expanding corporate energy flexibility.

I strongly encourage you to support the amendment to this bill that increases disclosure requirements and assists communities in planning around water use.  The local impacts of the proposed data centers are far reaching and communities need more information.

It only makes sense that data centers must disclose facts about their water usage and I would add- how their usage affects water quality. I hope this bill addresses the latter.