HB2014 must be amended to remove language which prevents county and municipal governments from enforcing existing laws or creating new laws which regulate certified microgrid districts and high impact data center projects. The rights of self determination and self governance must be restored to the people of West Virginia. Corporate enclaves immune to local ordinance and oversight have no place in West Virginia.

Language in HB2014 removes our right to self determination.

The language of HB2014 prevents counties and municipalities from doing any of the following:

• Enforcing or creating ordinance or act which limits the creation, acquisition, construction, equipping, developing, expanding, or operation of a certified microgrid district or high impact data center.
• Imposing or enforcing local laws or ordinances concerning the creation or regulation of certified microgrid districts or high impact data centers.

It also provides certified microgrid districts and high impact data centers with immunity from:

• County or municipal zoning, horticultural, noise, viewshed, lighting, development or land use ordinances, restrictions, limitations, or approvals. (Indeed, the Fidelis Monarch Cloud Campus project is Mason County is being built on land zoned as residential.)
• County or municipal building permitting, inspection, or code enforcement.
• County or municipal license requirements.
• The legal jurisdiction of the county or municipality in which the certified micro grid district or certified high impact data center is located in.

It also removes consent requirements of the county and municipality where the state wishes to establish tax increment financing development or redevelopment districts and tax increment financing development or redevelopment plans.

Language within HB2014 is unconstitutional.

West Virginia Constitution, Article 1, Section 3 states, “The provisions of the constitution of the United States, and of this state, are operative alike in a period of war as in time of peace, and any departure therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and despotism.” 

No claim of urgent need grants the state powers to remove our rights.

West Virginia Constitution, Article 1, Section 2 states, "Among the powers so reserved to the states is the exclusive regulation of their own internal government and police; and it is the high and solemn duty of the several departments of government, created by this constitution, to guard and protect the people of this state from all encroachments upon the rights so reserved."

It is the duty of the state government to protect and preserve our rights. No other need is so great that our rights be taken from us.

West Virginia Constitution, Article 2, Section 2 states, "The powers of government reside in all the citizens of the state, and can be rightfully exercised only in accordance with their will and appointment."

The language in HB2014 preempts our right to the powers of government. Our rights to self determination and governance have been removed.

As such, we must demand an amendment to HB2014 to remove all language infringing upon our rights to self determination and self governance.

In whole, the language in §5B-2-21b(c) and  §5B-2-21b(d) must be stricken from HB2014.

 (c) This section prohibits: 

(1) Counties and municipalities, whether by ordinance, resolution, administrative act, or otherwise, from enacting, adopting, implementing, or enforcing ordinances, regulations, or rules which limit, in any way, the creation of, and acquisition, construction, equipping, development, expansion, and operation of any certified microgrid district or certified high impact data center project; and 

(2) Counties and municipalities from imposing or enforcing local laws and ordinances concerning the creation or regulation of any certified microgrid district or certified high impact data center therein. 

(d) In accordance with subsections (b) and (c) of this section, and notwithstanding any provision of this code to the contrary, or any municipality’s home rule powers with respect to ordinances and ordinance procedures, including any authority pursuant to the Municipal Home Rule Program under §8-1-5a of this code, certified microgrid districts and certified high impact data centers may not be subject to the following: 

(1) County or municipal zoning, horticultural, noise, viewshed, lighting, development, or land use ordinances, restrictions, limitations, or approvals; 

(2) County or municipal building permitting, inspection, or code enforcement; 

(3) County or municipal license requirements; 

(4) The legal jurisdiction of the county or municipality in which the certified microgrid district or certified high impact data center is entirely or partially located, except as specifically provided in this article; 

(5) Any requirement under state law for the consent or approval of the municipality in which a certified microgrid district or certified high impact data center is entirely or partially located of any state or county action pursuant to this code, specifically including, but not limited to, §7-11B-1 et seq. of this code, for formal consent of the governing body of a municipality for county or state action regarding the establishment of tax increment financing development or redevelopment districts or the approval of tax increment financing development or redevelopment plans. 

Thank you for your time and consideration.