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The West Virginia Department of Commerce has released its proposed rules https://apps.sos.wv.gov/adlaw/csr/readfile.aspx?DocId=58708&Format=PDF for implementing HB 2014 https://www.wvlegislature.gov/Bill_Text_HTML/2025_SESSIONS/RS/bills/hb2014%20sub1%20enr.pdf, which established the Certified Microgrid Development Program.
HB 2014 encourages data centers to locate in WV and allows them to generate their own power through the creation of microgrids. HB 2014 allows microgrids to utilize fossil fuels rather than renewable sources, overrides local control, and prevents counties and municipalities from enforcing or enacting restrictive measures related to siting or operation, giving most review powers to the Secretary of Commerce.
The West Virginia Highlands Conservancy https://secure.everyaction.com/7z2qteyDC0Cx3o6W3LtgCA2 described the proposed rule like this:
As written, these rules give the public almost no notice, no real way to weigh in, and very little information about what these companies are proposing. For projects that could change local air and water quality, drive up energy demand, and reshape rural communities, that's simply not good enough.
This is your opportunity to tell the Secretary of Commerce they must amend the rules to require more transparency from big data centers and create opportunities for public input on applications.
Hurry! The comment deadline is Wednesday, December 10th.
Use the template and talking points below (adapted from WV Highlands Conservancy suggestions) to prepare your comments. Comments should be submitted to Garner Marks, General Counsel for the WV Department of Commerce at garner.marks@wv.gov.
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Letter Template and Talking Points
To: garner.marks@wv.gov
Subject: Public Comment on Proposed Rule 145CSR20 (Certified Microgrid Development Program)
Body:
Dear Mr. Marks,
I am a West Virginia resident concerned about how HB 2014 hands over almost all decision-making about data centers and microgrids to the state, taking away authority from communities that will have to live with the consequences.
As written, these rules will remove the public from the process, deny them access to what is being proposed, their ability to make their voices heard, or protect their communities from negative consequences.
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The rules need transparency with a structured, open, public process. Before final approval, residents deserve notice, and the ability to appeal decisions that affect their communities. -
Applications should be made public so residents can see the basic facts about what’s being proposed. -
These processes need clear standards and independent evaluations, so decisions are made based on transparent and consistent criteria. -
Before approval of any application, the rules should require an independent review for environmental impact by specialists, including qualified engineers and economists. -
Applicants should be required to disclose all basic environmental and community impacts. The state is the only reviewer, as local governments are blocked from regulating these facilities. That makes it even more important for full disclosure about essential features — expected air emissions, water use, sources of water, and discharges, noise levels, traffic impacts, the operating schedule and workforce, emergency-service needs, safety policies and records, land-use conflicts. -
Applicants should be required to assess and disclose whether renewables and battery storage are feasible for some or all anticipated power needs. -
Companies seeking waivers from local rules should be required to offer binding community benefit agreements negotiated directly with the community. -
To protect everyday West Virginians from higher electric bills, data centers should cover the full cost of their electricity use and any grid updates they require.
HB 2014 already limits local authority. The least the state can do is ensure that residents have transparency, a voice in the process, and real protections. I strongly urge you to revise the rules to reflect these needs.
Sincerely,
[Your Name] [Your County/City]
