SB803 would change how the Public Service Commission (PSC) in West Virginia adopts rules and regulations by making those rules subject to the Legislature’s rule-making review procedures. Under current language in the bill, PSC rules are exempt from that review process; SB803 would remove that exemption and require PSC rulemaking to go through the same legislative oversight framework used for other agency rules. The bill also states that PSC meetings held solely to deliberate or decide matters are exempt from open-meeting requirements in the cited code section.
The bill also creates a new article on data centers. It includes legislative findings that large technology companies are expanding data center footprints and that utilities may be offering special energy arrangements that lack transparency and could raise electricity costs for ordinary customers. The bill defines “data center” and directs that new technology services, including data centers, propose rules under the state’s administrative rulemaking procedures, with oversight through the Legislative Rule-Making Review process.
Impact
SB803 would amend §24-1-7 of the West Virginia Code to subject Public Service Commission rules and regulations to legislative rule-making review procedures, altering the PSC’s current exemption from that process. It would also add a new §24-9-1 article addressing data centers, establishing a statutory definition and tying rule development for new technology services to the state administrative rulemaking framework. The practical effect would be increased legislative oversight of PSC rulemaking and a clearer statutory basis for reviewing utility-related arrangements involving data centers and other new technology services.
Sentiment
Based on the bill text, the measure appears to be framed as a consumer-protection and transparency bill, with an emphasis on oversight of utility deals and data-center-related energy arrangements. The available context shows no committee transcript or recorded votes, so there is no documented public debate or formal vote history to indicate broader support or opposition. The bill’s findings suggest a favorable view toward greater legislative control and scrutiny of PSC actions.
Contention
The main point of contention is likely the shift in authority over PSC rulemaking from the commission to the Legislature’s review process. Supporters would likely argue that legislative oversight improves transparency and helps prevent special utility deals from increasing rates for residential customers, especially in connection with large data centers operated by major technology companies. Opponents may view the bill as adding procedural hurdles, reducing PSC flexibility, or politicizing technical utility regulation. The bill also touches on open-meeting exemptions for PSC deliberations, which could raise transparency concerns for some stakeholders.