A little-known provision in West Virginia's new energy bill sets a hard deadline on regulatory review—and it could reshape your project timeline.
Most West Virginia manufacturers and energy developers don't realize that the Public Service Commission (PSC) has no statutory time limit to review siting certificate applications. That changed with HB5381, signed into law on March 14, 2026.
Buried in the bill's energy development policy language is a provision that caps PSC review at 270 calendar days—but only for certain projects at certain sites. Understanding who qualifies, and when, matters for anyone planning a generation project in the state.
Section §5B-2N-4(b) of HB5381 requires the PSC to issue a final siting certificate order within 270 calendar days for any covered generation project filed at an Office of Energy-designated site. This deadline overrides all other code provisions that might otherwise extend the review process.
In plain terms: if your project qualifies, you get a guaranteed decision in nine months instead of an open-ended wait. The PSC cannot extend the clock beyond 270 days, even if it wants to request more information or hold additional hearings.
This matters because regulatory delay carries real costs. Every month a project sits in review, you're paying carrying costs on capital, holding land, and managing uncertainty with investors and lenders. A hard deadline removes that ambiguity.
The provision applies to small businesses and developers filing PSC siting certificate applications for covered generation projects—but only if the project is located at a site the Office of Energy has officially designated.
Not all energy projects qualify. The designation requirement is key. If your site hasn't been pre-designated by the Office of Energy, this 270-day clock doesn't apply to you. Check with the Office of Energy to confirm whether your proposed location is on the designated list.
HB5381 becomes effective June 12, 2026—90 days after the March 14, 2026 signing date. The 270-day deadline applies only to applications filed after that effective date. If you file before June 12, 2026, the old rules (with no statutory time limit) still apply.
This means the window to plan is now. If you're considering a project at a designated site, filing before June 12 might seem advantageous, but the lack of a deadline under current rules could mean indefinite delay. Filing after June 12 locks in the 270-day guarantee.
Review your project timeline against the June 12, 2026 effective date. Confirm with the Office of Energy whether your proposed site is designated. If it is, and your project qualifies as a covered generation project, the 270-day deadline will apply to any application you file after June 12.
Consider consulting with your PSC counsel about how this deadline interacts with your specific project scope and the Office of Energy's designation criteria. The provision is straightforward, but its application depends on your site and project type.
For a free, detailed summary of HB5381's manufacturing and energy provisions, contact your local trade association or the West Virginia Office of Energy.