The West Virginia legislature is actively pursuing data center investment through proposed legislation; SB 623 and HB 4013 (The West Virginia powered Data center act).
These bills offer substantial tax incentives to large data centers that locate in the state.
The bill would exempt data center equipment from property taxes and reduce business taxes from utilities supplying them.
The bill would also provide Data Centers with major financial incentives (which means less money for our county):
Business Equipment Tax Exemption: Data center equipment would be valued at "salvage value" (the lower of fair market value or 5% of total facility value) for property tax purposes.
Sales Tax Exemption: Equipment purchases would be exempt from sales taxes.
Utility Tax Credit: Coal fired electric utilities supplying the data centers would receive B&O tax reductions. This bill could also enable these data center to avoid taxes for 10 yrs.
Property Tax Credits: Only 30% of property tax goes to the county and the rest to the state. These are very large parcels of land. that currently bring in tax dollars for the county.
Reduced Local Control: Legislation already signed into law in April 2025, allows the creation of on-site, often fossil-fuel-powered, microgrids to bypass traditional utility regulations and limits local zoning authority over these projects. The law removes, or significantly restricts, local government oversight regarding permitting, zoning, and building inspections for these facilities. Berkeley County may not have any control over how much of our water will be used and where it comes from.
Imminent Domain: The bill allowed Data Centers to be classified as a utility. This allows the Data Center to seize a private individual's land under imminent domain. The Data Center should not be able to use imminent domain because they do not benefit the community like a hospital or electric company.
Where was our County Commission? Where was this high priced lobbyist? We heard on the radio that these bills passed because our local delegation did not want to upset the Governor. We did not elect a Commission, Delegates or Senators to make the Governor feel good, we elect them to represent us. Our commission president was quoted as saying "the data center will be good for Berkeley county" Yet at the town hall they said they fought against bill. why would you lobby to kill the bill if you think the data center is good for Berkeley County? When they knew this data center was being built, as well as the bill taking all control away, why did they not use the county's lawyer to sue the state? There was no press release about their discontent, nor calling out the local delegates and senators who voted for the bill. Eddie Gochenour shook the Governor's hand on the deal. That is not the action of someone who was fighting against the bill. I will hold our delegation accountable and urge them to overturn this disastrous bill that will choke our county and give us no say in electrical, water needs or demands. It is time to fight back this overreach of the State Government, not capitulate to it.
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