West Virginia 2026 Session Status: Introduced 10 R cosponsors

HB 4026 — Relating to expanding the requirements for integrated resource plans utility companies must file with the Public Service Commission

Last action — Communicated to House

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Relating to expanding the requirements for integrated resource plans utility companies must file with the Public Service Commission

Bill Text

What changed in the latest version

25 added · 1 removed

Plain-language change summary

The recent amendments to HB 4026 introduce significant changes aimed at enhancing the reliability and efficiency of West Virginia's electric utilities. Key changes include requirements for electric utilities to develop integrated resource plans that analyze both coal and natural gas use, maintenance, and life-extension strategies. The bill also establishes a minimum operational utilization goal for coal-fired plants and introduces restrictions on premature retirement of these facilities to ensure stability in energy supply and pricing. These adjustments matter because they seek to bolster the state's energy security while promoting the use of in-state resources and reducing reliance on external energy sources.

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HB4026 S EIM AMT 2-24Kraus  7502 The Committee on Energy, Industry, and Mining moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:Eng.
HB4026 S EIM AM 2-24Kraus  7502 The Committee on Energy, Industry, and Mining moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
Com.
ARTICLE 2.
Sub.
POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.
for House Bill 4026—A BILL to amend and reenact §24-2-19 of the Code of West Virginia, 1931, as amended;
§24-2-19.
and to amend the code by adding a new article, designated §24-9-1, §24-9-2, §24-9-3, §24-9-4, §24-9-5, §24-9-6, §24-9-7, §24-9-8, §24-9-9, and §24-9-10, relating to affordability, efficiency, and cost-saving measures for certain electric utilities;
Integrated Resource Planning Required.
requiring certain utilities to include in their Integrated Resource Plans a comprehensive analysis of current and potential future uses, costs, and benefits of advanced transmission technologies, and an analysis of coal and natural-gas utilization, maintenance, and life-extension;
(a) Not later than March 31, 2015, the Public Service Commission shall issue an order directing any electric utility that does not have an existing requirement approved by the Public Service Commission that provides for the future review of both supply side and demand side resources to develop an initial integrated resource plan to be filed not later than January 1, 2016, in conjunction with other similar deadlines required by other states or entities of the electric utilities.
defining advanced transmission technologies;
This order may include guidelines for developing an integrated resource plan.(b)(1)(a) Any electric utility that has an existing requirement approved by the Public Service Commission shall:(1) Have an integrated resource plan that provides for the future review of both supply side and demand side resources is exempt from this initial integrated resource plan filing until such time as that existing requirement has been satisfied.
requiring the plans to include detailed economic and technological feasibility for such technologies to optimize grid performance and enhance reliability and resiliency;
Thereafter, such electric utility is required to file an integrated resource plan pursuant to §24-2-19(a) of this code.
requiring the plans to include any other technologies which may enhance grid performance;
(2) Each electric utility that has filed the initial integrated resource plan shall supply-side and demand-side resources and is subject to Public Service Commission approval;
creating the West Virginia First Energy Act;
and(2) File an updated plan at least every five years after the its initial integrated resource plan has been was filed.
providing legislative findings, purpose, and definitions;
Any electric utility that was exempt from filing an initial integrated resource plan shall file an integrated resource plan within five years of satisfying any existing requirement and at least every five years thereafter.
setting certain minimum operational utilization goal for coal-fired generation and providing incentives for attainment;
All (b) Any integrated resource plans plan shall comply with the provisions of any relevant order of the Public Service commission establishing guidelines for the format and contents of updated and revised integrated resource plans.(c) The Public Service commission shall analyze and review an integrated resource plan The Public Service Commission and may request further information from the utility as necessary.
providing certain protections against premature termination of certain electric generating facilities and placing limitation on announcements of such termination;
Nothing in this section affects This section does not affect the obligations of utilities to obtain otherwise applicable commission approvals.(d) The commission may consider both supply-side and demand-side resources when developing determining the requirements for the integrated resource plans.
restricting certain recoupment of certain expenditures associated with certain intermittent-generation resources;
The Each plan shall compare projected peak demands with current and planned capacity resources in order to develop a portfolio of resources that represents a reasonable balance of cost and risk for the utility and its customers in meeting future demand for the provision of adequate and reliable service to its electric customers as specified by the Public Service commission.(e) The commission shall by order, entered no later than July 1, 2025, require all electric utilities operating in the state to supplement their existing integrated resource plans to include a detailed plant upgrade and maintenance plan, improvement compliance schedule, and cost estimate for ensuring the operation of each generating unit through their planned retirement date.
 directing use of moneys in the Electric Grid Stabilization and Security Fund;
 The supplemental integrated resource plan shall also include an analysis of the action necessary to extend the life of each generating unit beyond their its planned retirement date.
requiring certain coordination between Public Service Commission and Public Energy Authority;
Subject to notice and comment from interested parties, the commission may approve the supplemental integrated resource plan without modification or require modification of the supplemental plan before it is approved.
expanding powers, duties, and responsibilities of Public Energy Authority;
(f) The commission shall may promulgate rules:(1) Requiring the supplementation of integrated resource plans as required by this provision.
providing certain oversight of PJM market participation and resource planning;
The rules shall also provide to be supplemented as necessary;
requiring certain electric utilities to perform operational analysis and maintain operational plan;
and (2) Providing a procedure for utilities to submit an independent evaluation of any modification required by the commission hereunder under this subsection or to challenge such the required modification.(g) Except as provided in subsection (i) of this section, any integrated resource plan filed, amended, supplemented, or revised after July 1, 2026, shall include a comprehensive analysis and description of the utility’s current and potential future use of advanced transmission technologies for electric transmission and distribution systems.
providing operational plan criteria;
The comprehensive analysis shall include information regarding:(1) Economic feasibility;(2) Technical feasibility;(3) Potential deployment timetables;
providing certain Public Service Commission and Public Energy Authority oversight of operational plans;
and(4) Potential costs and benefits, including:(A) Estimated total costs of potential advanced transmission technologies;(B) Estimated costs that would be allocated to West Virginia retail customers;
requiring certain electric utilities to maintain minimum supply of certain resources;
and(C) Estimated benefits to West Virginia retail customers, including reduced costs due to increased capacity and efficiency.
providing certain reporting requirements;
(h) As used in this section, “advanced transmission technologies” means all forms of technology that increase the capacity, efficiency, reliability, resiliency, or safety of an existing or new electric transmission infrastructure including, without limitation:
and requiring certain orders, directives, and requirements to implement the act.     AdoptedRejected
(1) Advanced conductors that increase the power transfer capacity of transmission lines;
(2) Dynamic line rating that adjusts the rated capacity of transmission lines based on real-time conditions;(3) Advanced power flow controls used to actively control the flow of electricity across transmission lines;
(4) Topology optimization that enables routing power flows around congestion points through transmission grid configurations;
and (5) Any other technologies designed to reduce transmission congestion, to increase the capacity, efficiency, reliability, resiliency, or safety of an existing or new electric transmission facility, or both.
(i) The requirements of subsection (g) of this section do not apply to any municipal power system, nonprofit entity, or rural cooperative.
ARTICLE 9.
WEST VIRGINIA FIRST ENERGY ACT.
§24-9-1.
West Virginia First Energy Act;
legislative findings;
purpose;
definitions.
 (a) This article is and may be cited as the “West Virginia First Energy Act”.(b) The Legislature finds as follows:(1) Coal-fired and natural-gas-fired electric generation are essential to West Virginia’s reliability, affordability, and energy security;(2) For decades, West Virginia maintained some of the most stable electric rates in the nation due to the consistent use of in-state coal generation;(3) As the utilization of coal-fired generation has declined and greater dependence has developed on out-of-state and intermittent sources, West Virginia’s electric rates have become increasingly volatile, threatening both affordability and reliability;(4) United States President Donald J.
Trump issued Executive Order Numbers 14156 and 14154, declaring a National Energy Emergency, directing the federal government to unleash American energy production, and pledging to reverse federal initiatives and regulations that undermine domestic fossil energy, including coal, and to restore policies that support affordable, reliable energy production for American families and industry;(5) President Trump’s National Energy Emergency directives recognize that:(A) Coal, natural gas, and other domestic fossil energy resources are central to national security, grid reliability, and economic competitiveness;
and(B) West Virginia’s abundant coal and natural-gas resources provide the foundation of dispatchable generation needed to maintain year-round reliability, economic competitiveness, and protection from external market disruptions;(6) President Trump, through his National Energy Dominance Council and the federal Environmental Protection Agency, is revamping all policies and regulations impacting coal-fired electric generators so they can run more efficiently, for greater duration at optimum operation, and thus contribute more to West Virginia’s energy output, coal-related employment levels, and overall economic health;(7) In enacting House Bill 2014 (2025 Regular Session), the Legislature incorporated provisions in §24-2-19 of this code requiring in-state coal-fired electric generators to file revised integrated resource plans specifying the necessary plant upgrades and improvements so their plants can operate well beyond their scheduled retirement dates at higher operating capacity levels;(8) Matters generally related to homeland security and national defense are of paramount importance to West Virginia and its residents and coal-fired power plants provide optimal protection and resiliency toward state security and uninterrupted power supplies for household, industrial, and military applications;
and(9) In 2023, the Public Energy Authority was reactivated to provide needed assistance to the state’s coal and natural gas industries and coal-based electric generation but has not been given the proper support and resources to achieve its purpose, intent, and desired results.(c) The purpose of this article is to:(1) Restore electric rate stability through the continued utilization of in-state coal generation;(2) Preserve employment and investment in West Virginia’s coal and natural gas industries;(3) Coordinate with the Electric Grid Stabilization and Security Fund to sustain dependable baseload and mid-load generation capacity statewide;
and(4) Empower the Public Energy Authority to collect and assemble real-time knowledge of in-state electric-generating facilities, their continuous output of power, and the upgrades completed or planned for plants to achieve a higher capacity factor and optimum performance;
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(d) As used in this article:“Coal-fired facility” means a coal-fired electric-generating facility that is regulated by the Public Service Commission;“Dispatchable, non-intermittent replacement resource" means a coal-fired or natural gas-fired electric generating unit that is physically located in West Virginia and capable of continuous operation regardless of weather conditions or time of day;“PJM” means the PJM Interconnection LLC regional transmission organization;
and“Public Energy Authority” means the West Virginia Public Energy Authority created in §5D-1-4 of this code.
§24-9-2.
Minimum operational utilization requirement for coal-fired generation.
 (a) Each coal-fired facility located in West Virginia that supplies regulated utilities shall strive to achieve a minimum 69 percent utilization rate, measured on a 12-month rolling average.(b) This utilization standard does not apply to natural gas-fired generation, which serves as a load-following and reliability-balancing resource within the state’s dispatchable fleet.(c) Monthly utilization data for coal-fired facilities shall be reported to the Public Service Commission and Public Energy Authority in a manner prescribed by rules promulgated by the commission in conjunction with the Public Energy Authority.(d) A coal-fired facility’s failure to maintain the minimum utilization level constitutes noncompliance with this article.(e) The commission, in consultation with the Public Energy Authority, shall promulgate rules within 100 days of the effective date of this section to establish a rate recovery program based on a utility’s good faith effort to maintain the 69 percent capacity factor program.
 At a minimum, the program shall assign a percentage of cost recovery to each range of compliance comprised of increments of 10 percentage points.
Any time a utility is not generating electricity due to a planned outage for upgrades or necessary maintenance is not factored into the calculation used to measure compliance and corresponding rate recovery with this section.
§24-9-3.
Protection against premature retirement.
 (a) A utility may not retire, deactivate, or otherwise reduce the capacity of any coal-fired or natural gas-fired electric generating facility without prior approval of the Public Service Commission and Public Energy Authority.
The commission may approve such an action only if it finds that:(1) The change will not:(A) Increase retail rates;(B) Increase exposure to wholesale market volatility;
and(C) Reduce grid reliability or resource adequacy;
and(2) An in-state, dispatchable, non-intermittent replacement resource of equal or greater capacity is already operational and available on the West Virginia grid at the time of the proposed retirement, deactivation, or reduction.(b) Unauthorized retirement, deactivation, or reduction is a violation of this section that is enforceable by the commission.
§24-9-4.
Restrictions on intermittent resource investment.
 (a) A utility regulated by the Public Service Commission may not include in rate base, seek regulated rate of return on, nor obtain cost recovery for any capital expenditure associated with construction, acquisition, expansion, or repowering of any new intermittent generation resource, including wind or solar.(b) Any utility subject to but not in compliance with §24-9-2 or §24-9-3 of this code is prohibited from entering into a power purchase agreement for any new intermittent generation resource, including wind or solar.(c) The commission may not approve cost recovery for intermittent resource generation unless the utility demonstrates that the investment:(1) Does not increase retail rates;(2) Does not increase reliance on PJM wholesale markets;
and(3) Does not reduce seasonal reliability.(d) The burden of proof rests solely on the utility to demonstrate the provisions of subsection (c) of this section.
§24-9-5.
Rate increases contingent on compliance.
 The Public Service Commission may consider or approve any rate increase only as is consistent with the utility’s compliance with §24-9-2 of this code.
§24-9-6.
Electric grid stabilization and security fund coordination.
 Notwithstanding any provision of this code to the contrary, moneys from the Electric Grid Stabilization and Security Fund, created in §5B-2N-1 et seq.
of this code, shall be used to stabilize generation costs and to support life-extension projects, fuel-security infrastructure, and grid-balancing measures, but may not be used for decommissioning or closing operating units.
§24-9-7.
Oversight of PJM market participation and resource planning.
 (a) The Public Service Commission and the Public Energy Authority shall evaluate each PJM capacity auction and ensure West Virginia generating units participate to maximize ratepayer benefit and limit exposure to market volatility.
To the extent allowable by PJM market rules, any generating unit located in West Virginia with a capacity factor greater than 80% as listed by PJM on the date of enactment shall be designated an essential reliability resource for purposes of state oversight and participation.(b) Each regulated utility shall include coal and natural gas utilization, maintenance, and life-extension analysis in its integrated resource plan.(c) The commission shall promulgate rules or adopt orders to implement this section and ensure alignment with state reliability and affordability goals.
§24-9-8.
Public utility requirements;
operation plans;
reporting.
 (a) Any coal-fired utility shall perform an operational analysis of each coal-fired unit within its plan or system of generators to identify feasible and technological upgrades to improve performance and extend efficient plant life cycle.(b) On or before January 1, 2027, each utility shall submit the findings of its operational analysis to the Public Service Commission and Public Energy Authority along with the operation plan required by this section.
A utility’s integrated resource plan required by §24-2-19 of this code will satisfy the initial submission requirement of this section.
The operational plan shall be updated annually thereafter.(c) The commission may not consider an application for cost recovery until the Public Energy Authority accepts the operational plan and determines that it is administratively complete and authentic.(d) For purposes of fuel and grid resiliency and homeland security, on or before January 1, 2027, any utility generating electric power for industrial or residential consumption within the state shall establish, and thereafter maintain, a minimum 30-day supply of the base fuel used to generate electricity.(e) Operational plan;
minimum requirements.
— At a minimum, the operational plan shall contain the following:(1) The plant fuel supply for the generation of electricity;
(2) The total distribution of electricity for each plant;
(3) How coal supply levels are to be maintained for each plant, including all fuel supply contracts and a complete listing of fuel suppliers;
(4) All necessary plant upgrades to be proposed, started, or completed over the ensuing three-year cycle along with all pertinent contractors, including a copy of the scope of work and beginning and completion dates;
(5) The status of all upgrades completed, announced, or previously incorporated into the plan for any previous cycle;
(6) A maintenance schedule of all routine, scheduled, or planned maintenance along with a record of all unplanned or nonscheduled events leading to or causing emergency or needed maintenance;
(7) An up-to-date accounting of all expenditures or costs which have been recovered or for which an application for recovery has been submitted;
and(8) Information on any grants or low interest loans received from any state or federal agency.
 (f) The commission shall coordinate with each utility and the Public Energy Authority and may require utilities to submit any documents, records, or data necessary to ensure accurate calculation and reporting under this article.
§24-9-9.
Additional duties of Public Energy Authority.
 (a) In addition to those specified in §5D-1-1 et seq.
of this code, the Public Energy Authority has the following powers, duties, and responsibilities to ensure electric grid stability and homeland security:(1) Meet with every public utility operating within this state to:
(A) Ascertain the general condition of each plant;
(B) Ascertain implementation of the operational plan;(C) Consult with the plant operator to solicit any information required to verify progress completed on the most recently approved operational plan;
and(D) Verify the 30-day base fuel supply as required by §24-9-8 of this code;
and(2) At least annually, submit a report of its inspection findings and overall condition of public utilities operating within the state to the Department of Homeland Security’s Division of Emergency Management, the Public Service Commission, and the Joint Committee on Government and Finance.(b) Before any public utility publicly announces the retirement of a coal-fired unit, proposed shutdown of a coal-fired unit, closure of a plant, or proposed sale of a plant to another operator, the plant operator or public utility shall:(1) Provide notice of the impending action to the Public Energy Authority, Department of Homeland Security’s Division of Emergency Management, Public Service Commission, and Joint Committee on Government and Finance;
and (2) Receive approval for the impending action from the Public Energy Authority and Public Service Commission.(c) The provisions of subsection (b) of this section do not apply where a plant would require emergency deenergization or shutdown for imminent danger or public safety.
§24-9-10.
Implementation.
 The Public Service Commission, in consultation with the Public Energy Authority, shall issue such general orders, directives, and requirements as are necessary to implement and enforce the provisions of this article.
The commission may require utilities to file data, reports, plans, or other information as necessary to ensure compliance with this article.
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Action History

  1. Filed for introduction

  2. To Energy and Public Works

  3. Introduced in House

  4. To House Energy and Public Works

  5. Markup Discussion

  6. By substitute, do pass

  7. On 1st reading, Special Calendar

  8. Read 1st time

  9. On 2nd reading, Special Calendar

  10. Read 2nd time

  11. On 3rd reading, Special Calendar

  12. Read 3rd time

  13. Passed House (Roll No. 52)

  14. Communicated to Senate

  15. Introduced in Senate

  16. To Energy, Industry, and Mining

  17. To Energy, Industry, and Mining

  18. Reported do pass, with amendment and title amendment

  19. On 1st reading

  20. Read 1st time

  21. On 2nd reading

  22. Read 2nd time

  23. Committee amendment adopted (Voice vote)

  24. On 3rd reading

  25. Read 3rd time

  26. Passed Senate with amended title (Roll No. 267)

  27. Effective July 1, 2026 (Roll No. 268)

  28. Senate requests House to concur

  29. House received Senate message

  30. Motion for previous question adopted (Roll No. 384)

  31. House refused to concur and requested Senate to recede (Roll No. 385)

  32. Communicated to Senate

  33. House Message received

  34. Senate refused to recede; requested conference (Voice vote)

  35. Senate appointed conference committee: Rose, Martin, Garcia

  36. Communicated to House

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 141 not signed on

Sponsors (1)

Co-sponsors (10)

Not signed on (141)

141 members have not signed on to this bill.

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Frequently asked questions

What does HB 4026 do?
Relating to expanding the requirements for integrated resource plans utility companies must file with the Public Service Commission
Who sponsors HB 4026?
HB 4026 is sponsored by Linville, George Street (Republican), Rick Hillenbrand (Republican), Ian T. Masters (Republican), Clay Riley (Republican), Christopher W. Toney (Republican), Matthew Rohrbach (Republican), Jimmy Willis (Republican), Josh Holstein (Republican), Michael Hornby (Republican), and John Paul Hott (Republican).
What is the current status of HB 4026?
This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4026?
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