West Virginia 2026 Regular Session

West Virginia House Bill HB5168

Introduced
2/4/26  
Refer
2/4/26  
Engrossed
2/23/26  
Refer
2/24/26  
Refer
2/24/26  
Report Pass
3/6/26  
Refer
3/6/26  
Report Pass
3/11/26  
Enrolled
3/14/26  

Caption

To increase funding for EMS first responders.

Summary

HB5168 is a broad emergency medical services and economic development measure that does three main things. First, it creates new state-level funding streams for EMS by directing specified annual transfers from remaining State Lottery net profits into three special revenue funds: one for EMS crisis response and mental health treatment, one for counties with an EMS levy or dedicated fee, and one for all counties. It also renames the existing EMS salary enhancement fund to the Emergency Medical Services Crisis Response and Mental Health Treatment Fund and expands the uses of that fund to include training, equipment, facility maintenance, and crisis-response support for EMS personnel. Second, the bill addresses certified microgrid districts and certified high impact data centers by giving the Department of Commerce a coordinating role and by preempting most county and municipal regulation of those projects. The bill bars local zoning, land-use, building-permit, inspection, licensing, and similar restrictions from applying to certified projects, while still requiring them to pay ordinary taxes, utility charges, and certain service fees. It also states that these projects are entitled to police and fire protection and must pay county or municipal fire fees, but not both, and it preserves state building code compliance.

Impact

The bill amends the Economic Development Act, the Emergency Medical Services Act, and the State Lottery Act, and creates two new EMS funding articles in the county code. It shifts regulatory authority over certified microgrid districts and high impact data centers toward the state and away from local governments, while preserving tax and fee obligations and certain public-safety services. On the EMS side, it creates dedicated special revenue accounts, authorizes rulemaking by the Office of Emergency Medical Services, requires annual reporting, and earmarks lottery proceeds for statewide and county EMS support, with pro rata reductions if lottery profits are insufficient.

Sentiment

The bill appears to have had strong bipartisan support and little visible opposition in floor votes. It passed the House 91-0, the Senate 32-0, and the House concurrence vote 93-1, suggesting broad agreement on increasing EMS funding and on the bill’s economic-development provisions. The caption and structure indicate a policy focus on helping first responders while also facilitating large energy and data infrastructure projects.

Contention

The main policy tension in the bill is between state economic-development goals and local control. Counties and municipalities lose much of their authority to regulate certified microgrid districts and high impact data centers, including zoning and permitting powers, which could concern local governments and residents. Another likely point of concern is the funding mechanism: the bill relies on remaining State Lottery net profits and imposes a 30 percent county match for some county awards, which may raise questions about sustainability and fairness across counties. The bill also distinguishes between counties with dedicated EMS levies and all counties, which could create debate over distribution priorities.

Companion Bills

No companion bills found.

Previously Filed As

WV SB20

Requiring funding for increased costs to volunteer fire departments and EMS units

WV HB2786

Relating to allowing a personal income tax exemption for First Responders

WV SB826

Modifying survivor’s benefit payments on first responders for payment of funeral expenses

WV HCR88

Honoring First Responders Honor Board’s Medal of Valor Nominees

WV HB2066

Creating a crime for the destruction of first responder equipment.

WV SB656

Relating to impeding, threatening, or harassing first responders

WV HB3138

Relating to impeding, threatening or harassing first responders

WV SB182

Relating to EMT funding

WV SB264

Allowing death penalty for intentionally killing law-enforcement officer or first responder in line of duty

WV HB3407

Increasing the minimum wage based upon increases in the consumer price index

Similar Bills

OR HB2066

Relating to microgrids; and prescribing an effective date.

OR HB2064

Relating to microgrids; prescribing an effective date.

NM SB39

Microgrid Oversight Act

NH SB230

Relative to electric utility restructuring and investment in distributed energy resources.

WV HB4983

Authorizing the Department of Commerce to promulgate a legislative rule relating to certification of a microgrid district or certification as a high impact data center

NM SB235

Microgrid Oversight Act

WV HB3410

Power generation facility regulation and property taxation of power generation facilities

NJ S651

Requires BPU to designate solar portion of critical renewable microgrid as solar energy project under Community Solar Energy Program; requires Office of Homeland Security and Preparedness to designate certain microgrids as assets of importance.