Story by Luke Wiggs
CHARLES TOWN, W.Va. — The public could have a hand in guiding legislation related to microgrids and data centers.

On Monday’s Panhandle Live, Jefferson County Commissioner Kara Keys gave some background on House Bill 2014, passed in this past legislative session that provides fast-tracking data centers and microgrids throughout West Virginia.
“It is a one-stop shop so that any data center developer does not have to go to counties, planning commission, municipalities, counties at all for approvals.” Keys said. “They go directly to the state.”
Keys also said as the bill was originally written, none of the tax revenue would have come to the counties.
“The bill started with the counties getting zero percent of the tax revenue,” she said. “One hundred percent went back to the state to be redistributed throughout the whole state. Thankfully, Senator (Jason) Barrett and Delegate (Joe) Funkhouser and many other great legislators fought to have 30% of the tax revenue going back to the counties.”
Now Keys and many others are hoping to add provisions to the bill during the rulemaking process that allows for public comment and provisions with Keys noting it can’t contradict the bill but can complement it.
The proposed provisions include a minimum of a 500-foot buffer from any residential or agricultural property line and a minimum of 200 feet away from any commercial or industry property line. Additionally, a look at groundwater protection and surface water usage, local protection for impervious areas and farmland preservation, and preferred data center districts.
Among the concerns Keys has are quality of life for those who live near a data center. She is also concerned about how any tax revenues may be split up among the state’s 55 counties.
“Loudoun County, Virginia, they make 2 billion a year. It’s half of their county’s operational budget just off data centers.” Keys said. “But that is with buffers and industry standard setbacks. If we don’t develop our own standards within this rulemaking process, we’re going to be in trouble.”
The deadline for the public to weigh in is this Wednesday, Dec. 10.
Public comments can be emailed to Garner.Marks@WV.gov.

