This bill amends the Code of West Virginia to establish a new Business Expansion Development Program and introduces the Modern American Generation Act, which includes a certified microgrid program aimed at attracting commercial and industrial electricity customers. It sets forth criteria for certifying high impact business development districts, limits the number of such districts, and outlines the responsibilities of the Secretary of the Department of Economic Development. The legislation also addresses the taxation and regulation of power generation facilities within these districts, ensuring that construction and operational costs are covered by customers. Additionally, it introduces a new article on property taxation for certified microgrid districts, detailing the allocation of ad valorem property tax revenue and prohibiting payments in lieu of taxes or tax increment financing arrangements for properties within these districts.

The bill defines key terms necessary for property tax calculations within microgrid districts and clarifies exclusions for certain personal property. It establishes a regulatory framework for microgrid operators, requiring them to submit a confidential letter of intent and a verified petition to the Public Service Commission (PSC), along with necessary economic and engineering information. Importantly, microgrid operators and their customers will not be classified as public utilities, exempting them from certain regulatory requirements, and allowing for the provision of electric service to additional customers without further PSC orders. The legislation aims to enhance economic vitality by providing competitive electricity options and increasing investment in West Virginia, while preserving the legal status of existing high-impact economic development districts.

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