West Virginia 2025 Regular Session

West Virginia Senate Bill SB560

Introduced
2/20/25  

Caption

Allowing counties and municipalities to limit utility scale renewable energy facilities

Impact

The bill could significantly reshape local regulations regarding renewable energy in West Virginia. It allows local authorities to create specific ordinances concerning the construction, height, area, and environmental design of energy facilities. This localized regulatory power is positioned as a response to citizens' desires for greater input on projects directly affecting their communities, indicating a legislative shift towards recognizing local jurisdiction in energy matters that have historically been dominated by state or federal oversight.

Summary

Senate Bill 560 aims to empower counties and municipalities in West Virginia to enact ordinances regulating the placement and operation of wholesale renewable energy facilities, specifically those with a capacity of five megawatts or greater. The legislation acknowledges the growing concerns among local communities regarding the impacts of these facilities, including property values, scenic views, and environmental concerns. By granting local governments the authority to impose limitations and restrictions, the bill emphasizes the importance of taking a tailored approach to energy facility placement based on local circumstances.

Sentiment

Sentiment surrounding SB560 appears to reflect a tension between the need for renewable energy development and the desire for local control over land use. Supporters of the bill likely view it as a necessary measure to ensure that the economic and aesthetic values of local communities are preserved, while opponents may argue that such regulations could hinder renewable energy growth in the state. The bill suggests a balancing act between advancing energy initiatives and respecting the rights of local populations to legislate according to their needs and concerns.

Contention

Notably, the bill includes provisions for judicial review, allowing individuals who feel adversely affected by local ordinances to challenge such restrictions in court. This aspect highlights potential contention around the bill, as it might open pathways for disputes between renewable energy developers and local authorities. Furthermore, the variance in ordinances across different counties and municipalities could lead to a patchwork of regulations, complicating the implementation of renewable energy projects across the state.

Companion Bills

No companion bills found.

Previously Filed As

WV HB5528

Relating to the renewable energy facilities program

WV SB569

Allowing municipalities to complete work previously requested to DOH

WV HB3354

To authorize municipalities to combine operations with other municipalities and counties to provide governmental services

WV SB591

Allowing counties and municipalities to jointly undertake development projects

WV SB321

Limiting municipalities’ authority to restrict purchase and storage of weapons and ammunition

WV SB564

Allowing PSC to authorize recovery of certain costs by utilities through issuance of consumer rate relief bonds

WV HB2762

Allowing variance in state fire code for certain buildings used solely for emergency equipment storage

WV HB3538

Relating to limitations on the computation, imposition and collection of the business and occupation tax by municipalities

WV HB3446

Clarifying the powers and duties of Public Service Commission as to electric generating facilities

WV SB615

Limiting statutory and common law actions for certain electric generating facilities

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