This bill proposes the addition of a new section, 5B-2-21c, to the Code of West Virginia, specifically addressing water quantity disclosure and review for certified high impact data centers. It mandates that these centers provide public notice of their anticipated water usage prior to construction, including details about water sources, estimated withdrawal volumes, and intended water use. The bill also requires these centers to submit projected withdrawal information to the Department of Environmental Protection (DEP) for review, which will focus solely on water quantity considerations. The DEP can condition or deny approval of proposed withdrawals only if they would significantly reduce the available water supply below levels necessary to meet existing lawful demands.

Additionally, the bill establishes annual reporting requirements for certified high impact data centers regarding their actual water withdrawals, allowing existing reports to fulfill these obligations if they contain similar information. It clarifies that the legislation does not create a new permitting program or expand water quality regulations beyond current law, nor does it apply to microgrids or electric generation facilities. Overall, the bill aims to ensure responsible water usage by high impact data centers while maintaining existing economic development opportunities when sufficient water quantity is available.

Statutes affected:
Introduced Version: 5B-2-21c