The bill amends the Code of West Virginia by introducing a new section, 20-2-5m, which establishes a wildlife impact fee for operators of wind power projects that injure or kill protected birds and bats. It emphasizes the state's commitment to wildlife protection and acknowledges the risks posed by wind turbines and related components to various species, including bald and golden eagles. Operators found responsible for such injuries or fatalities will be assessed a fee, which will be directed to the Division of Natural Resources and used for wildlife replacement, habitat management, education, or enforcement programs.

Additionally, the bill includes provisions that exempt operators from criminal liability for injuries or deaths resulting from collisions with wind power projects. It defines the components of wind turbines and towers that pose collision risks and clarifies that wildlife resources harmed by these projects cannot be considered a lawful taking, except as permitted under the federal Eagle Protection Act. This legislation aims to balance the development of renewable energy sources with the protection of wildlife in West Virginia.

Statutes affected:
Introduced Version: 20-2-5m
Committee Substitute: 20-2-5m