SB 20 — Stable Energy Rates Protection Act

CS for SB 20 WEST VIRGINIA LEGISLATURE REGULAR SESSIONPSESSION IntroducedCommittee Substitute for Senate Bill 20 By SenatorSenators RoseRose, [IntroducedPhillips, Roberts, and Hart [Reported January 14,30, 2026;2026, from the Committee on Energy, Industry, and Mining] CS for SB 20 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §24-9-1 and §24-9-2, relating to creating the Stable Energy Rates Protection Act;

referredprohibiting to the CommitteePublic Service Commission from taking certain action on Energy,certain Industry,rate andincrease Mining;requests related to intermittent power sources;

and then to the Committee on Government Organization] Intr SB 20 2026R1283 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §24-9-1, §24-9-2, §24-9-3, and §24-9-4, relating to providing forexceptions; the creation of the Stable Energy Rates Protection Act.

and requiring annual report to the Legislature.

AmendmentStable ofEnergy WestRates VirginiaProtection CodeAct §24-2-1created. et seq.

(a) NoThis laterarticle thanis sixknown monthsand frommay thebe passagecited ofas this bill, the WestStable VirginiaEnergy PublicRates ServiceProtection CommissionAct. shall amend its rules and regulations as follows:

(1)(b) Prohibition on Rate Basis for WindIntermittent andPower SolarSources. Energy.

The– Notwithstanding any provision of this code to the contrary, the Public Service Commission shallmay not approve, consider, ornor incorporate into any new fee or any fee or rate increase any costs associated with:with construction, operation, maintenance, or decommissioning of:

(A)(1) TheAn construction,energy operation,facility maintenance,that orproduces decommissioningpower ofsolely windfrom energyan facilities.intermittent power source;

(B)nor The(2) construction,Any operation,intermittent maintenance,power orsource-related decommissioningcomponent of solaran energy facilities.facility that produces power from an intermittent power source.

(2)(c) ExistingAs Contracts.used in this article, “intermittent power source” means an energy source:

This(1) prohibitionWhose doeselectrical notoutput applyis toinherently costsvariable associatedand withnot contractscontinuously executedavailable priordue to theits effectivedependence date of this act, but no future rate increases shall be based on expansionsexternal ornatural newconditions; commitments to wind or solar energy projects under those contracts.

(b)and The(2) CommissionThat shallcannot reviewbe allfully pendingcontrolled rate cases and adjust any current or proposeddispatched rateon increasesdemand. accordingly to comply with this section.

(d) Existing Contracts.

– The prohibition in subsection (b) of this section does not apply to costs associated with any contract executed prior to the effective date of this article, except that a rate increase after the effective date may not be based on expansion of any such contract nor any new commitment to an energy project using an intermittent power source under any such contract.

(e) The prohibition in subsection (b) of this section applies to any new fee or any fee or rate increase that affects a ratepayer in this state, regardless of whether the energy facility is located 1 CS for SB 20 within or outside this state.

(f) The Commission shall review all pending rate cases and adjust any current or proposed new fee or rate or fee increase consistent with this section.

ReportingReport. The Public Service Commission shall annually report to the Legislature:

AnThe assessmentPublic ofService theCommission impactshall ofreport thisannually prohibitionto onthe energyLegislature ratesregarding: and reliability in West Virginia;

and(1) RecommendationsAn forassessment furtherof actionthe toimpact ensureof this article on energy affordabilityrates and reliability.reliability in the state;

§24-9-3.and (2) Any recommendations for ensuring energy affordability and reliability in the state.

Severability.

If any provision of this act or the application thereof to any person or circumstance is held Intr SB 20 2026R1283 invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

§24-9-4.

Effective Date.

This act shall take effect upon passage.

NOTE:

The purpose of this bill is to provide for the creation of the Stable Energy Rates Protection Act.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.