February 28, 2026 - WV Senators debated for about an hour Friday before finally voting overwhelmingly for legislation focused on coal-fired power plant capacity and how costs for rate payers could be affected.

The subject was a bill already passed by the House of Delegates, HB 4026, but senators earlier took the original House bill and poured in their own preferred legislation. So back to the House it goes.

The bill passed the Senate today on a 32-2 vote, with Republican Eric Tarr and Democrat Mike Woelfel voting no.

The long title is “Relating to expanding the requirements for integrated resource plans utility companies must file with the Public Service Commission.” Sexy, right? Yet senators found a way to fight for an hour.

The main point of contention is a goal for coal-fired power plants would need to be operating at 69% capacity. That’s been guidance for a few years from the state Public Service Commission, but the regulator has offered latitude. This would put it in state law.

“What this does is even that playing field for West Virginia’s coal-fired generation to give them that chance to be competitive,” said Senate Energy Chairman Chris Rose, R-Monongalia.

Tarr and Woelfel, each in their own ways, questioned whether the provision would run counter to market forces and actually raise costs for ratepayers.

“I was really hoping that I could come in here and vote for a bill that I knew when I pushed the button on it that rates would come down in West Virginia. I’m still not there,” said Tarr, R-Putnam.

Tarr said he can’t see how the legislation would actually reduce power rates for neighbors and potential businesses locating in  the state.

“This is risky. I want to see our coal miners to work; I really do,” he said. “But you can’t artificially create a market. Markets drive it.”

Woelfel, a Democrat from Cabell County, said the legislation abandons free market principles.

“If you raise the cost of energy, which this bill will do, you are going to pass that on to the people that live here and work here. That’s the only way it goes,” Woelfel said.

“This is a bad bill for the people of our state. They will bear the brunt and coal producers will reap the benefit.”

Senator Brian Helton, R-Fayette, offered many of the comments in favor of the bill.

“Voting against this bill is a vote against coal. A vote against this bill is a vote against thousands of jobs here in West Virginia,” Helton said. “It’s a vote to allow our monopolistic utilities to dictate how they want to profit.”

He continued, “This vote today is an important vote because we want to bring back our coal communities to life. We want to see West Virginia, southern West Virginia in this case, become great again.”

Rose, the energy chairman, offered similar remarks, saying the deck has been stacked against West Virginia coal-fired power plants by national energy policy, regulators and the decision-makers who operate the regional grid.

“There is a war on coal going on in this state and this country, whether the people want to hear that or not,” Rose said. “The war on coal is the decades and decades of regulatory burden that has put coal at a disadvantage in what is an illusion of an energy-free market that does not exist.”