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)

Utility / Private Incentives

Electric Vehicle (EV) Infrastructure Support

West Virginia utilities joined the National Electric Highway Coalition (NEHC), committing to create a network of direct current (DC) fast chargers connecting major highway systems from the Atlantic Coast to the Pacific of the United States. NEHC utility members agree to ensure efficient and effective fast charging deployment plans that enable long distance EV travel, avoiding duplication among coalition utilities, and complement existing corridor DCFC sites. For more information, including a list of participating utilities and states, see the NEHC website.

Electric Vehicle (EV) Time-Of-Use (TOU) Rate – Appalachian Power Company

Appalachian Power Company offers a TOU rate to residential customers who own an EV. Eligible customers must have a meter that is capable of separately identifying EV usage. For more information, see the Appalachian Power Company Electric Rates website.

Residential Electric Vehicle (EV) Charging Station Rebate - Appalachian Power

Appalachian Power offers residential customers a rebate of up to $500 for the purchase and installation of an ENERGY STAR certified Level 2 EV charger by an approved contractor. For more information, see the Appalachian Power Charge Forward website.

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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