West Virginia 20-year data center development plan (2026)
West Virginia — 20-Year Responsible Data Center Development Plan Under HB 2014, the Power Generation and Consumption Act (August 11, 2026)
West Virginia · W. Va. Responsible Data Center Development Plan (Aug. 11, 2026) (under H.B. 2014, Power Generation and Consumption Act)
- Status
- In effect
- Took effect
- August 11, 2026
- Applies to
- Hyperscale data center developers seeking High Impact Data Center designation in West Virginia; utilities serving them; the Data Economy Office administering the plan.
- Enforced by
- West Virginia Data Economy Office; West Virginia Department of Commerce
West Virginia announced a 20-year Responsible Data Center Development Plan on August 11, 2026, presented jointly by Governor Patrick Morrisey, Senate President Randy Smith and House Speaker Roger Hanshaw. It uses the authority of House Bill 2014, the Power Generation and Consumption Act, to set state-level oversight and development criteria for hyperscale data centers, built around seven core principles and administered by a Data Economy Office. Developers must demonstrate baseline financial capacity, committed capital and clear power load projections, and developers and utilities are made responsible for electrical infrastructure upgrades and energy capacity needs. The fiscal design is the unusual part: revenue generated through the High Impact Data Center designation does not enter the state general revenue fund, host county budgets cannot be negatively impacted, and 50 percent of project revenue is dedicated to reducing and ultimately eliminating the state personal income tax. West Virginia is starting from zero active hyperscale facilities, so the plan is prospective rather than remedial. It has drawn substantive criticism: Mountain State Spotlight reported in September that despite the plan's promise of a community voice, locals say they remain shut out, and the Charleston Gazette-Mail argued it doubles down on existing industry regulation gaps. Recorded here at limited strength for that reason — it is a planning framework and revenue structure, not a set of enforceable resource limits.
Who is protected: West Virginia ratepayers and host counties, nominally — through developer and utility responsibility for infrastructure upgrades, a bar on negative host county budget impact, and ring-fencing of HIDC revenue from the general fund. Community-level protection is contested by independent reporting.
Legal detail
West Virginia Responsible Data Center Development Plan, announced August 11, 2026, exercising the legislative authority of HB 2014, the Power Generation and Consumption Act, to establish state-level oversight and development criteria for hyperscale data centers over a 20-year horizon. Administration: a Data Economy Office manages the comprehensive plan. Developer criteria: demonstrated baseline financial capacity, committed capital, and clear power load projections. Cost responsibility: developers and utilities are made responsible for electrical infrastructure upgrades and energy capacity needs. FISCAL ARCHITECTURE via the High Impact Data Center (HIDC) designation: HIDC revenue does not enter the state general revenue fund; host county budgets cannot be negatively impacted; 50% of project revenue is dedicated to reducing and ultimately eliminating the State Personal Income Tax. Stated focus areas: ratepayer protection, tax reduction, grid modernisation, national security, water usage, and local community involvement. Baseline: zero active hyperscale facilities in the state at announcement. STRENGTH RECORDED AS LIMITED, deliberately: this is a planning framework and revenue-allocation structure rather than an enforceable constraint on resource use, and independent reporting contests its community-involvement claims — Mountain State Spotlight (2026-09-13) reports locals saying they remain shut out of the process, and the Charleston Gazette-Mail characterises the plan as doubling down on industry regulation gaps. Reason magazine frames the income-tax-elimination goal as the plan's organising purpose, which bears on how it should be read.
Key facts
| Jurisdiction | West Virginia |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | August 11, 2026 |
| Citation | W. Va. Responsible Data Center Development Plan (Aug. 11, 2026) (under H.B. 2014, Power Generation and Consumption Act) |
| Private right of action | No, agency enforcement only |
| Penalties | Not established; the plan operates through designation criteria rather than penalties |
| Topics | data-center siting and energy · government use of AI · consumer protection |
| Agency page | Governor Morrisey, Legislative Leaders Announce Unified Plan for Responsible Data Center Development in West Virginia — WV Office of the Governor |
More AI rules in West Virginia
Related data-center siting and energy rules elsewhere
- Superior WI Data Center Moratorium (1-year) · In effect
- Dane County WI Hyperscale Data Center Moratorium · In effect
- Madison WI Data Center Moratorium (1-year) · In effect
- Manitowoc County WI Data Center Moratorium · In effect
- WA SB 5982 (Data Center / Clean Energy) · In effect
- Dayton OH data center moratorium (180-day, Apr 2026) · In effect
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