Morrisey defends data center plan
West Virginia Governor Patrick Morrisey defended the state's new "Responsible Data Center Development Plan," which builds on House Bill 2014 to regulate hyperscale data centers. The plan aims for ratepayer protection and water efficiency, but questions remain about its legal enforceability beyond existing state law. It also reinforces the state's preemption of local government authority over data center siting decisions.
West Virginia Governor Patrick Morrisey recently defended his administration's "Responsible Data Center Development Plan," a seven-principle initiative building upon last year's House Bill 2014, the Power Generation and Consumption Act. While the new plan emphasizes protecting ratepayers and promoting water-efficient designs, Governor Morrisey declined to confirm if these commitments establish new legally enforceable protections beyond those already outlined in HB 2014. The earlier law notably established a state framework for approving large-scale data centers and stripped county and municipal governments of their authority over siting decisions, effectively preempting local zoning and land use regulations.
Critics question the new plan's tangible impact, particularly regarding water efficiency, as HB 2014 does not explicitly mandate advanced cooling technologies. However, the state Commerce plan aims to attract projects committed to such designs, leveraging existing environmental laws for oversight. The governor cited his past criticism of projects, such as the Fundamental Data-led venture in Tucker County, as evidence of the state's commitment to responsible development, despite the limited power of local objections under current law.
The plan also proposes establishing a Data Center Advisory Council, comprising representatives from academia, local government, conservation groups, industry, and utilities. This council would develop statewide standards for impacts like setbacks and noise, and advise the Department of Commerce on a 20-year comprehensive data center development plan. However, the council's recommendations would be advisory, with no binding power over the department's certification decisions. The state anticipates broad economic benefits from the industry's growth, including reductions in personal income tax and revenue sharing with counties, with specific allocations detailed in HB 2014 for infrastructure and grid stabilization.