WV HB3410

Creates the "Modern American Generation Act" establishing a certified microgrid program allowing operators to provide electricity to new commercial/industrial customers outside traditional Public Service Commission jurisdiction

Establishes three tiers of microgrid certification based on load size: non-interconnected microgrids over 100 MW, interconnected microgrids between 100-300 MW, and interconnected microgrids of 300+ MW (requiring $2 billion minimum capital investment and $7.5 million annual payroll)

Renames the "Certified Industrial Development Program" to "Certified Business Expansion Development Program" and removes requirements that districts be located on state-sold/leased land or former coal mining sites

Prohibits payment-in-lieu-of-taxes agreements and tax increment financing arrangements for microgrid district properties and associated electricity generation/distribution facilities

Requires microgrid operators to submit confidential letters of intent 90 days before filing petitions, with local utilities having right of first refusal for 100-300 MW projects; regulated utility customers cannot be charged construction or operational costs for microgrid generation facilities