West Virginia 2026 Regular Session

West Virginia House Bill HB5399

Introduced
2/10/26  

Caption

Relating to providing a tax credit related to the establishment and operation of biochar manufacturing facilities

Impact

The introduction of HB 5399 is expected to align West Virginia's tax policy with existing federal incentives, potentially enhancing the state's competitiveness in attracting advanced manufacturing investments. By creating a favorable environment for biochar production, the bill could lead to the creation of jobs in rural and coal-affected communities, where such manufacturing can repurpose existing industrial sites effectively. Furthermore, the expected outcomes include improved land management practices, mine reclamation, and enhanced water quality, all benefiting local ecosystems and economies.

Summary

House Bill 5399 aims to incentivize the establishment and operation of biochar manufacturing facilities in West Virginia through a tax credit against the corporate net income tax. The bill designates a new section in the state's corporation tax code, specifically providing a credit equal to 10% of any federal income tax credit allowed for carbon oxide sequestration related to biochar production. This initiative is seen as a way to leverage federal incentives to encourage private investment in the state's manufacturing sector while promoting environmental sustainability by supporting carbon sequestration efforts.

Sentiment

The sentiment surrounding HB 5399 appears largely positive among proponents who advocate for economic growth and environmental benefits through local biochar production. Supporters, including various business stakeholders and environmental advocates, emphasize that the bill will help revitalize struggling areas of the state while addressing critical environmental concerns. However, there could be opposition related to regulatory complexities or concerns over the long-term effectiveness of such incentives, reflecting a cautious optimism about the bill's implementation.

Contention

A notable point of contention arises over the limitations and verification processes established within the bill. While it provides a generous timeline for the tax credit—which can be claimed for up to 12 years—it also mandates strict verification of the carbon sequestration efforts related to biochar production. Critics may argue that this could create bureaucratic hurdles for small businesses looking to capitalize on the tax credit. Additionally, concerns may surface regarding the extent of the environmental benefits of biochar amidst the broader discourse on carbon management and manufacturing practices.

Companion Bills

WV SB893

Similar To Providing tax credits for expenditures and activities related to biochar manufacturing

Previously Filed As

WV HB2160

Relating to authorizing application of the manufacturing investment tax credit and the manufacturing property tax adjustment credit against personal income tax

WV SB78

Providing tax credit to corporations for existing employer-provided child care facilities

WV HB2641

Provide a tax credit to for-profit and nonprofit corporations to encourage the continued operation of child-care facilities for the benefit of their employees

WV HB2399

Relating to the taxation of managed timber

WV HB2148

Relating to the Tourism and Commercial Opportunity Zone Tax and Tax Credit Act

WV HB2766

Providing tax credits to provide vehicles to certain persons

WV HB2605

Increase the tax credit for employers providing child care for employees.

WV SB735

Relating to development and operation of broadband within state

WV SB60

Establishing road or highway infrastructure improvement projects or coal production and processing facilities tax credit

WV SB429

Providing tax credit to certain honorably discharged veterans for lifetime hunting and/or fishing license

Similar Bills

No similar bills found.