The Power Generation and Consumption Act of 2025, passed on April 12, 2025, establishes the Certified Microgrid Program under the Division of Economic Development in West Virginia. This program facilitates the certification of microgrid districts, which can now include any plant or facility without prior restrictions on land location or renewable energy sources. The bill sets forth criteria for certification, including economic impact assessments and stipulations that electricity generated within these districts is primarily for internal use or wholesale market sales. It also allows for special contracts and rates for microgrid customers while exempting them from certain regulatory requirements. Additionally, the bill prohibits payments in lieu of taxes and tax increment financing for properties associated with microgrid districts, emphasizing the importance of data centers in the state's economy.

The legislation further creates the High Impact Data Center Program, requiring data centers to notify the Division upon meeting specific criteria, with the Secretary of the Department of Commerce responsible for certifying these centers and protecting their confidential information. It establishes the Electric Grid Stabilization and Security Fund to support grid initiatives and outlines the distribution of ad valorem property tax revenue for certified high impact data centers. The bill also includes provisions that restrict the use of certain funds by public utilities and allows for cost recovery for utilities serving both West Virginia and external areas if ordered to cease operations by another jurisdiction. The provisions of the bill are set to expire on December 31, 2055.

Statutes affected:
Introduced Version: 5B-2-21, 24-2-1d, 24-2-1q, 24-2-15, 24-2-19, 5B-2-21a, 5B-2-21b, 5B-2N-2a, 11B-2-33, 11-6N-1, 11-6N-2, 11-6N-3, 11-6N-4, 11-6N-5
Committee Substitute: 5B-2-21, 24-2-1d, 24-2-1q, 24-2-15, 24-2-19, 5B-2-21a, 5B-2-21b, 5B-2N-2a, 11B-2-33, 11-6N-1, 11-6N-2, 11-6N-3, 11-6N-4, 11-6N-5
Engrossed Committee Substitute: 5B-2-21, 24-2-1d, 24-2-1q, 24-2-15, 24-2-19, 5B-2-21a, 5B-2-21b, 5B-2N-2a, 11B-2-33, 11-6N-1, 11-6N-2, 11-6N-3, 11-6N-4, 11-6N-5
Enrolled Committee Substitute: 5B-2-21, 24-2-1d, 24-2-1q, 24-2-15, 24-2-19, 5B-2-21a, 5B-2-21b, 5B-2N-2a, 11B-2-33, 11-6N-1, 11-6N-2, 11-6N-3, 11-6N-4, 11-6N-5