2026 REGULAR SESSION

Introduced

Senate Bill 935

By Senators Taylor, Smith (Mr. President), Rose, and Phillips

[Introduced February 12, 2026; referred
to the Committee on Finance]

A BILL to repeal §11-13-2q of the Code of West Virginia, 1931, as amended, relating to eliminating the business and occupation tax exemption for certain coal-fired merchant power plants on the generating capacity of the generating units located in this state that are owned or leased by the taxpayer and used to generate electricity.

Be it enacted by the Legislature of West Virginia:

§1. Repeal of section exempting from tax certain merchant power plants.

That §11-13-2q of the Code of West Virginia, 1931, as amended, is repealed.

NOTE: The purpose of this bill is to immediately eliminate the business and occupation tax exemption for certain coal-fired merchant power plants on the generating capacity of the generating units located in this state that are owned or leased by the taxpayer and used to generate electricity. The bill would be made effective from passage.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.