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Committee substitute for Senate Bill 420 adopts West Virginia First Energy Act language, sets goal-based approach

Senate Energy Industry and Mining Committee · February 23, 2026
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Summary

The committee agreed to the committee substitute for Senate Bill 420, which substitutes the West Virginia First Energy Act language identical to HB 4026 but without advanced transmission technology provisions and converts a 69% mandate into a goal tied to incentives coordinated by PSC and PEA.

The Senate Energy Industry and Mining Committee agreed to a committee substitute for Senate Bill 420 that incorporates the West Virginia First Energy Act language substantially identical to the provisions adopted in the amended House Bill 4026, but without the advanced transmission technology (ATT) requirements. Counsel explained the substitute changes an originally introduced 69% operational mandate into a goal and ties achievement to tiered incentives determined by the Public Service Commission in coordination with the Public Energy Authority.

Counsel described the tiered approach: the PSC and PEA would set staggered levels of achievement (for example, thresholds like 50% and up to 69%) with corresponding cost-recovery incentives for utilities that meet the tiers. The committee agreed to the substitute and moved to report it to the full Senate with a recommendation that it pass, subject to referral to the Committee on Finance under the original double-reference rule. The committee recorded the votes as voice "ayes"; no roll-call tallies were provided in the transcript.

The transcript shows counsel repeatedly noting the substitute's alignment with HB 4026's West Virginia First Energy Act language and the omission of ATT language that appears in the House amendment.