WV SB1040

Exempts non-utility electric generation facilities that use dispatchable power sources (natural gas, coal) from obtaining a certificate of public convenience and necessity, replacing it with a simplified registration process with the Public Service Commission

Excludes facilities using "intermittent power sources" (wind, solar) from the streamlined registration process, requiring them to continue obtaining traditional certificates

Establishes a registration fee cap of $1,000 per application and civil penalties up to $5,000 per day for facilities that begin construction without registering

Directs the Department of Environmental Protection to prioritize and expedite permit reviews for dispatchable generation facilities with a goal of issuing decisions within 180 days

Creates an incentive program through the Division of Economic Development offering low-interest loans or grants for new natural gas or coal-fired facilities adding at least 100 megawatts of capacity, with priority for facilities using West Virginia-sourced fuel