Relating to restoring local jurisdiction to state political subdivisions over certain electric power facilities.
House Bill 4509 would amend West Virginia law governing certified microgrid districts and certified high impact data centers. As introduced, the bill states a legislative intent to restore local jurisdiction to counties and municipalities over these projects, but the operative text largely does the opposite: it expands state-level control by declaring that the state intends to occupy the whole field of creation and regulation of these facilities, and it bars local governments from using zoning, land-use, building, licensing, inspection, noise, lighting, viewshed, or similar ordinances to limit or regulate them.
The bill also directs the Department of Commerce to assist these projects and to designate a “Data Economy Liaison” as a single point of contact for site selection, permitting, and coordination. It preserves the obligation of project owners and tenants to pay ordinary taxes and fees, including business and occupation tax, sales and use taxes, property taxes, municipal service fees, utility charges, and to comply with the State Building Code. It further allows state agencies, including Commerce, Environmental Protection, and Transportation, to take supportive actions such as road and infrastructure improvements, and authorizes rulemaking to implement the section.
If enacted as written, the bill would significantly preempt county and municipal authority over certified microgrid districts and certified high impact data centers, limiting local governments’ ability to regulate siting, construction, operations, and related approvals. It would also reinforce state administrative oversight through the Department of Commerce while preserving tax collection and certain service obligations at the local level. The measure would affect counties, municipalities, developers, utilities, and operators of large energy and data infrastructure projects, and it would interact with home rule powers and local zoning and permitting statutes.
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the bill text, the measure appears designed to promote development of microgrid and data center projects by reducing local regulatory barriers, which suggests support from economic development interests and project developers. At the same time, the stated purpose line about restoring local jurisdiction conflicts with the operative preemption language, which could create confusion or concern among local governments and stakeholders.
The main point of contention is the bill’s treatment of local control. The caption and note say it is meant to restore local jurisdiction, but the substantive provisions strip counties and municipalities of zoning, permitting, licensing, and other regulatory authority over certified projects. That tension is likely to draw criticism from local officials and home-rule advocates, while developers and state economic development proponents may favor the streamlined state-led process. Another likely issue is the extent to which utility customers outside the project area should be insulated from costs associated with new utility infrastructure serving these facilities.