Electricity Laws and Incentives in West Virginia
The list below contains summaries of all West Virginia laws and incentives related to electricity.
Laws and Regulations
Alternative Fuel Production Subsidy Prohibition
Incentives or subsidies from political subdivisions for the production of alternative fuels are prohibited by law, with exceptions for certain coal-based liquid fuels.
(Reference West Virginia Code 8-27A-3 and 11-13D-3D)
Alternative Fuel Use Requirement
West Virginia higher education governing boards must use alternative fuels to the maximum extent feasible.
(Reference West Virginia Code 18B-5-9)
Alternative Fuel Vehicle Fee
In addition to standard registration fees, owners of vehicles fueled with natural gas, hydrogen, or electricity must pay an annual fee of $200. Plug-in hybrid electric vehicle owners must pay an annual fee of $100.
(Reference West Virginia Code 17A-10-3c)
Alternative Fuels Tax
Alternative fuels are subject to an excise tax at a rate of $0.205 per gasoline gallon equivalent, with a variable component equal to at least 5% of the average wholesale price of the fuel.
(Reference West Virginia Code 11-14C-2, 11-14C-5, 11-14C-6a, 11-15A-13a, and 11-15-18b)
Mid-Atlantic Region Electric Vehicle (EV) Support
West Virginia joined Maryland, Virginia, and the District of Columbia (Participating States) in creating the Mid-Atlantic Electrification Partnership (MAEP) to support the deployment of EVs and EV charging stations throughout the region. Participating States commit to creating a regional network of EV charging stations that will make it possible to seamlessly operate light-, medium-, and heavy-duty EVs across transportation corridors and in low-income communities. For more information, see the MAEP website.
Public Utility Definition
The West Virginia Public Service Commission (PSC) does not have jurisdiction over the sale of alternative fuels by non-utilities. The PSC authorizes ratemaking allowances for public utilities to encourage the use of alternative fuels in new demonstration technologies, including alternative fuel vehicles (AFVs). AFVs include those using natural gas, methanol, propane, or electricity as the primary fuel.
Persons or entities using movable generators to sell electricity for use in electric vehicles (EVs) at temporary EV charging locations are not public utilities. Additionally, the PSC does not have jurisdiction over temporary EV charging locations, which include:
- Fairs, festivals, and other special events;
- Locations where the electric distribution grid has been adversely affected by emergencies or disasters, natural or otherwise; or
- Locations which facilitate evacuations from such emergencies or disasters, impending or otherwise.
(Reference House Bill 2817, 2023 and West Virginia Code 24-2D-1 through 24-2D-3)
State Incentives
West Virginia's National Electric Vehicle Infrastructure (NEVI) Planning
The U.S. Department of Transportation’s (DOT) NEVI Formula Program requires the West Virginia Department of Transportation (WVDOT) to submit an annual EV Infrastructure Deployment Plan (Plan) to the DOT and U.S. Department of Energy (DOE) Joint Office of Energy and Transportation (Joint Office), describing how the state intends to distribute NEVI funds. The submitted plans must be established according to NEVI guidance.
For more information about West Virginia’s NEVI planning process, see the WVDOT NEVI website. To review West Virginia’s NEVI plan, see the Joint Office State Plans for EV Charging website.
More Laws and Incentives
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