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The Public Service Commission of West Virginia will hold a public hearing later this month on House Bill 2014, the "Certified Microgrid Program", as debate continues over how the law could shape data center and microgrid development in the state.
The hearing is scheduled for Sept, 28 at 9:30 a.m. at the PSC’s Charleston offices at 201 Brooks Street. The commission, which the article describes as having significant authority over the approval of data centers and other power-related infrastructure, is receiving comments that range from calls to repeal HB 2014 to concerns about local impacts, water use, and electric rates.
Passed during the 2025 legislative session, HB 2014 changes rules tied to land approved for development, property tax disbursement and allocation, and local authority over projects involving microgrids and data centers.
According to the source article, the bill rewrites regulations that had been in place to prevent corporate overreach in the establishment of microgrids and data centers in West Virginia. It also says projects established after the bill’s effective date - July 11, 2025, - are exempt from ordinances related to land use, noise and light pollution.
The article says the bill amended West Virginia code that had previously allowed counties and municipalities to enforce municipal restrictions on data centers and hold them to the same commercial codes as other county businesses. Citing wvpolicy.org, the article states that the legislation preempts local control and that, "…data centers are not subject to any legal jurisdiction of the county or municipality in which they are located."
The source article says West Virginia’s adoption of the Certified Microgrid Program has made the state an attractive target for data center development, while also placing the state "front-and-center" for potential growth because it has what the article calls some of the weakest environmental restrictions in the nation.
It also says the bill places environmental concerns behind "national security goals."
Under HB 2014’s "findings and purpose" section, the bill states: "West Virginia is strategically positioned as the best location in the United States to place data centers due to : (A) its close proximity to Washington D.C., and the federal government; (B) its proximity to the majority of the Nation’s population; (C) its low tax rates; (D) it having the least restrictive regulatory environment in the Nation; (E) its supply of abundant energy and natural resources to power the data centers; and (F) its skilled and loyal workforce that has some of the lowest turnover rates in the nation."
Among the concerns reflected in comments already submitted are water usage and the potential effect on ratepayers. The article says data centers can require several million gallons of water daily for cooling, and that many comments raise concerns about increased electric bills and ask for revisions to proposed rules to protect ratepayers.
Frank Muth, of Inwood, implored, "Why were local communities offered zero meaningful input before HB2014 removed local control? Interestingly, the data center proponents are requiring our elected officials to sign non-disclosure agreements. This is not only a huge conflict of interest, but it reduces local trust to near zero. Local communities would know the "best" place to locate these data centers (if one exists). Rather, Charleston has decided to dictate to local communities without regard to local concerns. Nearly half of the land for the Bedington Data Center is in a flood-prone area. How will this be mitigated? The Jefferson/Berkeley Data Center (aka "project Carmel") is located next to Hospice. Will the noise generated from this facility impact Hospice patients? Has anyone bothered to evaluate that impact?"
Rodney Cox, of Walton, comments, "…I respectfully encourage the Commission to adopt a balanced approach that protects ratepayers, preserves access to reliable and cost-effective electricity, and supports responsible investment in West Virginia’s energy future."
The hearing comes as the PSC weighs concerns over how HB 2014 could affect local communities, utility customers, and future data center development in West Virginia.
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