CHARLESTON — A handful of delegates in the West Virginia State Legislature have proposed a pair of new bills that would have a direct effect on data centers looking to set up shop in the Mountain State.

The two bills, HB 4509 and HB 4683, were introduced on Jan. 19 and Jan. 21, respectively.

HB 4509 aims to revise HB 2019 and return control to local governments for data center projects.

The bill, which would eliminate most of the original text of HB 2014, was introduced by Delegates Evan Hansen (D-Monongalia), Mike Puskin (D-Kanawha), Sean Hornbuckle (D-Cabell), Shawn Fluharty (D-Ohio), John Williams (D-Monongalia), Anitra Hamilton (D-Monongalia), Rick Garcia (Marion), and Hollis Lewis (D-Kanawha) and referred to the Committee on Energy and Public Works then the Judiciary.

House Bill 2014 passed just as the 2025 West Virginia Legislative Session wrapped up. Known as the micro-grid bill, it aims to attract data centers to West Virginia and prohibits counties and municipalities from imposing local laws, ordinances, or regulations on micro-grid companies.

HB 4683, meanwhile, was introduced by Delegates Chris Anders (R-Berkeley/Jefferson), Laura Kimble (R-Harrison), Larry Kump (R-Berkeley), and Henry Dillon (R-Mingo/Wayne) and referred to the Committee on Energy and Public Works then the Judiciary.

HB 4683 seeks to keep data centers from using groundwater in order to prevent the depletion of groundwater and aquifers. The bills states that: groundwater, aquifers and private wells are finite public resources essential to life, agriculture and property rights; data centers are water-intensive industrial facilities capable of depleting groundwater if not properly regulated; proven technologies exist that allow data centers to operate without withdrawing groundwater; the protection of private property, drinking water, and aquifers is a core responsibility of the state.

The bill would prohibit drilling private wells, using groundwater as a primary/backup source, or transporting it via tanker. It would require alternative cooling methods like closed-loop systems, air-cooled or dry cooling systems, reclaimed or greywater systems, hybrid systems, or heat recovery or heat reuse systems that reduce cooling demand.

A Virginia-based company, Fundamental Data, is looking to build a 500-acre natural gas facility that would fuel a data center in Tucker County. The proposed plant, which would be in close proximity to the towns of Thomas and Davis, has faced stern opposition over the past year.

According to datacenters.com, there are currently five data centers in West Virginia, four in Charleston, and one in Bridgeport.