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Did Not Advance

West Virginia Bill Mandates 69% Coal Plant Utilization and Restricts Wind and Solar Investments

Original title: West Virginia First Energy Act

Last action · January 30, 2026: To House Energy and Public WorksSponsors: Eric Brooks and 3 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

West Virginia establishes the West Virginia First Energy Act, requiring regulated coal-fired power plants to maintain a 69% utilization rate, prohibiting utilities from recovering costs for new wind or solar projects unless strict reliability standards are met, and barring rate increases for noncompliant utilities starting July 1, 2026.

Why it matters

Retail electric rates, utility infrastructure investments, and plant retirement decisions across West Virginia become tied directly to mandatory minimum fuel inventories and operational thresholds for fossil-fuel generation.

Background
  • The West Virginia Public Service Commission is the state regulatory agency responsible for overseeing public utilities, setting rates, and ensuring reliable service. context
  • PJM Interconnection is a regional transmission organization that coordinates the movement of wholesale electricity in all or parts of 13 states, including West Virginia, and the District of Columbia. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Regulated utilities

Regulated electric utilities face mandatory operational thresholds, restrictions on intermittent energy capital investments, and contingent rate increase eligibility.

Directly affected

Coal-fired electric generating facilities

Coal generation plants must maintain a 69% rolling utilization rate and 30-day on-site fuel inventories, and cannot be retired without strict regulatory approval.

Directly affected

Natural-gas-fired generating facilities

Natural-gas plants must maintain firm pipeline transportation or storage contracts and report fuel utilization volumes annually.

Directly affected

Retail electricity customers

Consumers experience utility rate increase restrictions linked to generator compliance and regulatory oversight of resource reliability and wholesale market exposure.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What utilization rate must coal-fired power plants maintain under this bill?
Regulated coal-fired electric generating facilities must maintain a minimum 69% utilization rate measured on a 12-month rolling average.
Can utilities build new wind or solar projects and pass the costs to consumers?
No utility may include capital expenditures for new intermittent-generation resources, like wind or solar, in its or seek a regulated rate of return unless it proves the investment does not increase retail rates, reduce seasonal reliability, or increase reliance on PJM wholesale markets.
What happens if a utility fails to meet the coal utilization or fuel inventory standards?
The utility is prohibited from receiving approval for any rate increase and cannot enter into power-purchase agreements for new intermittent-generation resources.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

4 actions
  1. Jan 30, 2026HouseCommittee
    To House Energy and Public Works
  2. Jan 30, 2026HouseIntroduced
    Introduced in House
  3. Jan 30, 2026HouseCommittee
    To Energy and Public Works
  4. Jan 30, 2026HouseIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift99% confidence

Mandatory Fossil-Fuel Baselines and Intermittent Restrictions

The bill couples strict operational floors for coal and natural gas generation with a direct prohibition against cost recovery for new wind and solar infrastructure.

Connected Entities

Electric Grid Stabilization and Security Fund, B. Smith, Public Service Commission and 5 more
OrganizationElectric Grid Stabilization and Security Fund“Fund providing financial support for generation costs and life-extension project”Map →
PersonB. Smith“Co-sponsor of House Bill 4991”Map →
OrganizationPublic Service Commission“State regulatory body tasked with enforcement and oversight under the act”Map →
PersonEric Brooks“Lead sponsor of House Bill 4991”Map →
PersonAdam Vance“Co-sponsor of House Bill 4991”Map →
OrganizationDepartment of Commerce“State department receiving annual reports on coal and natural gas utilization an”Map →
PersonDonald J. Trump“U.S. President who issued Executive Orders No. 14156 and 14154”Map →
PersonRobbie Martin“Co-sponsor of House Bill 4991”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 85)
  • Controversy80
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz65
    Current news / social attention level

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