WV SB935

Eliminates the business and occupation tax exemption for coal-fired merchant power plants that are regulated entirely by another state, effective July 1, 2026

Increases the taxable generating capacity from 45% back to 100% of official capability for affected out-of-state regulated coal-fired generating units that were in operation before January 1, 1995

Maintains the existing 45% reduced tax rate for coal-fired generating units that are not regulated entirely by another state

Preserves recapture tax provisions requiring owners/operators to repay tax savings if coal-fired units ceased operation between July 1, 2021 and July 1, 2025, unless closure was mandated by federal law