Data center rule amended, returns to House

Data center rule amended, returns to House

News ClipThe Real WV·Charleston, Kanawha County, WV·3/12/2026

The West Virginia Senate approved an amended rule related to the operation of data centers within the state, but the rule must now return to the House of Delegates for another vote. The rule change was prompted by concerns raised by 935 public comments on the impact of data centers, including issues around transportation, water usage, emergency services, utilities, and community infrastructure. The Senate added a clause about water access to the definition of 'inordinate burden', which has stirred debate and opposition from some legislators.

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Gov: West Virginia Senate, House of Delegates, Department of Economic Development, Legislative Rule-Making & Review Committee (LRMRC), Loudoun County Board of Supervisors, Virginia DEQ
The West Virginia Senate joined the House of Delegates on Wednesday, approving a new rule related to how data centers operate within the state by a vote of 28-6. However, because they made an amendment to the rule, it will now return to the House for another vote in this final week of the legislative session. The rule change was prompted by concerns raised by 935 public comments on the impact of data centers, including issues around transportation, water usage, emergency services, utilities, and community infrastructure. Commenters expressed worries about data centers overburdening local roads, depleting water supplies, straining emergency services, and impacting housing and schools. The Senate added a clause about water access to the definition of 'inordinate burden', which has stirred debate and opposition from some legislators like Sen. Rupie Phillips. Phillips, who is seen as pro-coal, criticized the amendment, saying it could affect a lot of other industries. The data center rule will now have to go back to the House for approval or further modification before the legislative session ends on Saturday night. The debate over balancing the economic benefits of data centers with their potential community impacts continues in West Virginia.