The bill introduced on March 17, 2025, amends the Code of West Virginia to establish the Business Expansion Development Program and the Modern American Generation Act, which includes a certified microgrid program. It sets forth criteria for certifying high impact business development districts and regulates power generation facilities within these districts. The Secretary of the Department of Economic Development is limited to certifying no more than two high impact business development districts, with construction and operational costs to be covered by customers. The bill also addresses property taxation in certified microgrid districts, specifying that ad valorem property tax revenue will be allocated among various levying bodies and prohibiting payments in lieu of taxes or tax increment financing arrangements for properties within these districts.

Additionally, the bill outlines the requirements for microgrid operators, including the submission of a confidential letter of intent and a verified petition to the Public Service Commission (PSC). It establishes a framework for negotiating backup rates with local distribution utilities and clarifies that certified microgrid operators and their customers will not be classified as public utilities, thus exempting them from certain regulatory requirements. The legislation aims to enhance economic development by attracting new commercial and industrial electricity customers to West Virginia while ensuring that existing certified high impact economic development districts maintain their legal status. The provisions of this article will take effect for taxable years beginning on or after July 1, 2025.

Statutes affected:
Introduced Version: 11-6M-1, 24-2J-1, 24-2J-2, 24-2J-3, 24-2J-4, 24-2J-5, 24-2J-6, 24-2J-7, 24-2J-8