Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.
SB1041 • 2026
Creating Energy Economic Load Dispatch Act
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Creating Energy Economic Load Dispatch Act
To Energy, Industry, and Mining
Introduced in Senate
To Energy, Industry, and Mining then Finance
Filed for introduction
Creating Energy Economic Load Dispatch Act
SB 1041 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Introduced Version Senate Bill 1041 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE FISCAL NOTE 2026 REGULAR SESSION Introduced Senate Bill 1041 By Senators Rose, Helton, M. Maynard, Rucker and Tarr [Introduced February 21, 2026; referred to the Committee on Energy, Industry, and Mining; and then to the Committee on Finance] A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §24-2J-1, §24-2J-2, §24-2J-3, §24-2J-4, §24-2J-5, and §24-2J-6, relating to the Energy Economic Load Dispatch Act; providing a short title; and providing operational impact standards for the Public Service Commission when reviewing for certificates of public convenience and necessity, integrated resource planning, retail rate recovery and prudence reviews, and certification, siting, and permitting authority. Be it enacted by the Legislature of West Virginia: ARTICLE 2J. ENERGY ECONOMIC LOAD DISPATCH ACT. §24-2J-1. Short title. This article shall be known and cited as the "Energy Economic Load Dispatch Act". §24-2J-2. Certificates of public convenience and necessity. (a) West Virginia Code §24-2-11 requires a utility to obtain a certificate of public convenience and necessity from the Public Service Commission before constructing electric generation facilities. Pursuant to §24-2-11(a) of this code, a new legal requirement to satisfy the existing processes is necessary to create compliance with the True Cost Economic Load Dispatch, a condition for: (1) Receiving a certificate of public convenience and necessity; (2) Retaining a certificate of public convenience and necessity; (3) Receiving siting approval; and (4) Expanding or modifying a generating facility. (b) This requirement shall also provide the Public Service Commission explicit authority to condition, suspend, or revoke certificates for failure to comply with this article. §24-2J-3. Integrated resource planning. (a) West Virginia Code §24-2-19 requires electric utilities to prepare integrated resource plans for submission to the Public Service Commission for review. These plans analyze future electric supply, demand, and resource choices. Pursuant to §24-2-19 of this code, when reviewing integrated resource plans, the Public Service Commission shall require the utility company to include: (1) Resource adequacy planning; (2) Reliability planning; and (3) Integrated resource plans, including subsidies and externalities. (b) This requirement shall provide the Public Service Commission with a statutory planning standard when reviewing integrated resource plans. §24-2J-4. Retail rate recovery & prudence reviews. (a) Under Chapter 24 of this code, the Public Service Commission has sole discretion as to whether utility costs were prudently incurred before allowing those costs to be recovered from ratepayers. This happens in: (1) General rate cases; (2) Fuel adjustment cases; and (3) Prudence reviews tied to major projects. (b) Pursuant to Chapter 24 of this code, a new statutory presumption shall be implemented which provides that if a utility relies on dispatch or planning decisions that do not comply with True Cost Economic Load Dispatch, those costs are presumed imprudent and cannot be recovered from customers. §24-2J-5. Public Service Commission certification, siting, and permitting authority. The article shall impact on how the Public Service Commission exercises authority under existing siting and certification laws by: (1) Requiring compliance with §22-2-1 et seq . of this code a prerequisite for approvals; (2) Requiring the Public Service Commission to deny or condition approvals if utilities rely on non-compliant regional transmission organization dispatch outcomes; and (3) Requiring alternative state-approved analyses when regional transmission organizations fail to provide data. §24-2J-6. Operational impact. The Public Service Commission shall implement this act when utilizing decision-making authority under Chapter 24 of this code. NOTE: The purpose of this bill is to create the Energy Economic Load Dispatch Act. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: