The proposed bill aims to amend 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 cause injury or death to protected birds and bats. The bill emphasizes the state's commitment to wildlife protection and outlines the risks posed by wind turbines and related components to various species, including bald eagles and bats. Operators found responsible for such injuries or fatalities will be required to pay a wildlife impact 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 "wind turbine and tower and related components" to encompass all structures that may pose a collision risk to wildlife. Importantly, the bill clarifies that no wildlife resource injured or killed by these projects can be considered a lawful taking, while still allowing for the legal taking of bald or golden eagles under existing federal laws.

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