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Senate Bill 23 History
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WEST virginia legislature
2026 regular session
Committee Substitute
for
Senate Bill 23
By Senators Rose, Phillips, Roberts, Thorne, and Hart
[Reported February 23, 2026, from the Committee on Energy, Industry, and Mining]
A BILL to amend and reenact §11-6A-5a of the Code of West Virginia, 1931, as amended, relating to tax treatment of certain power projects; providing that wind power projects are not pollution control facilities for certain purposes; and providing that certain wind turbines and towers be taxed as real property.
Be it enacted by the Legislature of West Virginia:
Article 6A. Pollution Control Facilities Tax Treatment.
§11-6A-5a. Wind power projects.
(a) Notwithstanding any other provisions of this article, a
Any
power project designed, constructed, or installed to convert wind into electrical energy
shall be subject to the provisions of this section.
(b) Each wind turbine installed at a wind power project and each tower upon which the turbine is affixed shall be considered to be personal property that is a pollution control facility for purposes of this article and, subject to an allocation of the value of project property determined by the Tax Commissioner in accordance with this section, all of the value associated with the wind turbine and tower shall be accorded salvage valuation
: Provided,
That the portion of the total value of the facility assigned salvage value in accordance with this section shall, on and after July 1, 2007, be no greater than seventy-nine percent of the total value of the facility. All personal property at a wind power project other than a wind turbine and tower shall not be accorded salvage valuation and shall not be considered to be personal property that is a pollution control facility. For purposes of this section, "wind turbine and tower" is limited to: The rotor, consisting of the blades and the supporting hub; the drive train, which includes the remaining rotating parts such as the shafts, gearbox, coupling, a mechanical brake and the generator; the nacelle and main frame, including the wind turbine housing, bedplate and the yaw system; the turbine transformer; the machine controls; the tower; and the tower foundation
is not a pollution control facility for purposes of this article. Any wind turbine installed at a wind power project, and each tower upon which the turbine is affixed, is real property for the purpose of taxation so long as the tower of the wind power project is affixed to the ground.
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