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HB 5611WEST VIRGINIASession 2026State Billdead
Did Not Advance

West Virginia Bill HB 5611 restricts data centers in karst hydrogeology areas to surface water and exempts certified microgrid and data center projects from local zoning and building codes

Original title: Certified Microgrid Program

Last action · February 16, 2026: To House Energy and Public WorksSponsors: Joe Funkhouser and 1 other

Bill progressHistory & official text ↓
Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

West Virginia House Bill 5611 prohibits data centers and microgrid projects located in growth counties with majority from using subsurface wells for non-domestic water, requiring them to use surface water instead. The bill also exempts certified s and high-impact data centers from local county and municipal zoning, land use, building permitting, code enforcement, and licensing requirements while preserving state tax and utility fee obligations.

Why it matters

Preempts local municipal and county zoning, permitting, and building code authority over certified data centers and microgrids while establishing specific surface-water sourcing mandates for projects in karst geology regions.

Background
  • West Virginia law provides frameworks for certified microgrid districts and high-impact data centers to encourage regional economic development and job creation. context
  • Karst hydrogeology regions in West Virginia feature vulnerable underground drainage and sinkhole systems that require careful management of water resources and development runoff. 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

Certified microgrid district developers and operators

Developers are exempt from local zoning, land use, and building permit requirements while being restricted to surface water sources in karst areas and obligated to pay standard local taxes and utility fees.

Directly affected

Certified high-impact data center developers and operators

Operators receive exemptions from municipal and county land-use regulations and permitting processes but must comply with state building codes and pay local property, business, and service taxes.

Directly affected

West Virginia counties and municipalities

Local governments lose the authority to enact zoning, building inspection, land-use, and licensing rules over certified data centers and microgrid districts within their jurisdictions.

Directly affected

Local utility customers outside microgrid districts

Utility customers outside microgrid districts are protected from bearing any construction or operational costs associated with new utility property built solely to provide service within a microgrid district.

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

Are certified data centers and microgrid districts completely exempt from paying local taxes?
No. While they are exempt from local zoning and building permits, they must still pay local business and occupation taxes, municipal sales and use taxes, ad valorem real and personal property taxes, and municipal utility and service fees.
Where must data centers in karst hydrogeology regions get their water?
In growth counties with majority , any water utilized by data centers or microgrid developments for non-domestic use must originate from surface water courses rather than subsurface wells.
Who coordinates state assistance and permitting for these projects?
The Secretary of Commerce designates a 'Data Economy Liaison' from Department of Commerce personnel to act as a single point of contact for coordinating and expediting project development and site selection.

What else do you want to know?

News Coverage

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Where This Stands

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

Procedural history

4 actions
  1. Feb 16, 2026HouseCommittee
    To House Energy and Public Works
  2. Feb 16, 2026HouseIntroduced
    Introduced in House
  3. Feb 16, 2026HouseCommittee
    To Energy and Public Works
  4. Feb 16, 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

Joe FunkhouserHouse · District 98RepublicanPrimary sponsor
Bill RidenourHouse · District 100RepublicanSponsor

Discoveries

1 pattern noticed across the record

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

policy shift95% confidence

State Preemption of Local Zoning for Data Centers

The bill explicitly strips counties and municipalities of zoning, building permitting, and land-use authority over certified microgrid and data center projects, centralizing oversight at the state level.

Department of Commerce

Connected Entities

Department of Transportation, Public Service Commission, Department of Commerce and 1 more
OrganizationDepartment of Transportation“Authorized to develop or improve highways, roads, and sidewalks in support of pr”Map →
OrganizationPublic Service Commission“Regulates special utility contracts and service rates for developers.”Map →
OrganizationDepartment of Commerce“Assigns a Data Economy Liaison and certifies microgrid and high impact data cent”Map →
OrganizationDepartment of Environmental Protection“Authorized to take actions in support of certified microgrid districts and data ”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy65
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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