WV leaders pledge ratepayer and water protections in new data center principles
West Virginia leaders, led by Gov. Patrick Morrisey, unveiled a seven-point "Responsible Data Center Development Plan" aimed at attracting data centers while protecting ratepayers and natural resources. The plan establishes principles for comprehensive planning, tax revenue, electricity ratepayer protection, and water resource management. It builds upon House Bill 2014 and seeks to ensure data center growth benefits the state without compromising local communities or the environment.
Gov. Patrick Morrisey, alongside legislative leaders and Department of Commerce officials, unveiled the West Virginia Responsible Data Center Development Plan in Charleston. This seven-point framework aims to guide data center development in the state, ensuring growth without compromising natural resources or resident well-being over the next two decades.
The plan complements House Bill 2014, which established the Power Generation and Consumption Act to attract data centers with microgrids. Key principles of the new plan include comprehensive planning and oversight, requiring developers to prove financial capacity and investment commitments, with projects approved only if benefits outweigh costs. It mandates a net increase in tax collections for all state levels, with specific distribution formulas for property taxes.
Crucially, the plan includes a "Ratepayer Protection Pledge," requiring developers to procure their own energy resources and fund electrical infrastructure upgrades to prevent increased electricity prices for residents. It also emphasizes water protections, mandating adherence to the Water Resources Protection and Management Act and subjecting facilities to DEP reporting rules. A Data Advisory Council will be formed to set requirements for setbacks, noise mitigation, and aesthetic integration, addressing local control concerns previously raised about HB 2014.
While state leaders like House Speaker Roger Hanshaw support the plan, Senate President Randy Smith, who initially pushed for HB 2014, expressed regret, highlighting the need to listen to citizens. Jennie Smith, executive director of the West Virginia Rivers Coalition, expressed cautious optimism, hoping for transparent enforcement and community involvement to protect local resources.