Public Comments

• Clear, measurable job creation benchmarks tied to real wages;
• Sunset provisions so credits expire if goals aren’t met;
• Strong accountability and clawback provisions so companies must repay credit if performance promises aren’t delivered - including enforcement
• Transparency requirements to ensure public reporting on outcomes.

• Preserve strong local zoning and land-use authority
• Require full, independent infrastructure and environmental impact studies
• Protect utility ratepayers and public water resources
• Ensure transparency and meaningful public participation

Good morning,

I oppose House Bill 4013 as written.

West Virginia does need economic development. What we do not need are open-ended tax incentives that primarily benefit capital-intensive projects with minimal long-term benefit to working families and local communities.

This bill creates a broad, discretionary tax credit that heavily rewards equipment purchases and construction costs, not sustained job creation. That matters, because projects like data centers—explicitly included in this bill—are well known to generate very few permanent jobs relative to the size of the public subsidy they receive. Independent economic studies consistently show that data centers often employ dozens, not hundreds, of full-time workers once construction ends, despite consuming massive amounts of electricity and infrastructure capacity.

HB 4013 allows tax credits to be calculated largely on non-manufacturing equipment and construction spending, even when permanent job creation is minimal. That is a poor return on investment for taxpayers.

The bill also allows these credits to offset multiple state taxes, including—remarkably—up to 20 percent of employee withholding taxes. That means the state can end up subsidizing a company using money that would otherwise support schools, roads, emergency services, and healthcare. That is not economic development; it is cost-shifting.

Transparency is another major concern. Information shared between the Tax Department, Workforce West Virginia, and the administering authority is explicitly exempt from the Freedom of Information Act. If taxpayer dollars are being used to subsidize private corporations, the public has a right to see the terms, the performance, and the outcomes. Sunlight is not optional when public money is involved.

The bill places “sole and exclusive jurisdiction” in the hands of the Department of Commerce to decide who qualifies, how much they receive, and whether clawbacks are enforced. That level of discretion, combined with limited public oversight, is exactly how incentive programs drift from economic policy into political favoritism.

Finally, this bill includes no enforceable community benefit requirements. There are no guarantees for:

• local hiring or apprenticeships,

• labor standards or neutrality,

• protections against layoffs after credits are used,

• limits on noise, infrastructure strain, or quality-of-life impacts,

• or binding assurances that utility upgrade costs will not be passed on to ratepayers.

West Virginians have seen this movie before. We are promised jobs and prosperity, and what we get instead are tax breaks, higher infrastructure costs, and communities left with the consequences.

I support real economic development—projects that create good-paying jobs, respect workers, strengthen local communities, and deliver a measurable public return on public investment. HB 4013 does not meet that standard.

If the Legislature wants to attract investment, it should do so on West Virginia’s terms: with transparency, strict job-creation requirements, automatic clawbacks, and clear protections for taxpayers and communities.

Until those standards are written into law, this bill should not advance.

1. I write in opposition to this bill.
2. West Virginia has a long and unfortunate history of extraction by outside entities that results in the detriment of our people and environment.
3. To preserve our culture, we must preserve our environment. Data centers consume natural resources, offering nothing of value to WV's people. We struggle to provide clean water to our own people and this would steal it from them to cool computers.
4. Montani semper libri, yet we are continually sold and traded to those who see us as expendable.
5. The Earth groans with us (Romans) as we wait for redemption. Those of the Christian faith are called to live as if the Kingdom is now and that all of Creation is our sibling. We have abused and misused this charge we were given and the damage we have inflicted is reflected in our own bodies and minds.
6. The AI bubble will not last forever and we will be left with nothing but mess, much like an abandoned well or unclaimed spoil pile.
7. I urge you for the sake of all West Virginians, present and future, to reject this betrayal of WV. West Virginians deserve so much better.
8. Thank you.

Delegates, I am imploring you not to pass this bill. For decades West Virginians have been sold to the highest bidder. Given data centers unecessary tax breaks when West Virginians struggle with basic needs such as food, housing, and healthcare is deplorable. Data centers will decrease our water quality, increase our power bills, and WILL NOT create long term jobs. If we are to attract industry to WV via tax breaks it mustn’t be industry that does not create jobs, while creating pollution, expense, and an eye sore on our beautiful state.