SB935 is a bill in the West Virginia Legislature (2026 Regular Session): Eliminating business and occupation tax exemption for certain coal-fired merchant power plants.

What is the status of SB935?

Signed into law as of February 25, 2026. Latest action: To House Energy and Public Works (February 26, 2026).

Taylor, Jay (R, 14), with 7 co-sponsors.

Where is the official record for SB935?

On the West Virginia Legislature website: https://www.wvlegislature.gov/bill_status/Bills_history.cfm?input=935&year=2026&sessiontype=RS&btype=bill

West Virginia legislation · 2026 Regular Session

West Virginia SB935: Eliminating business and occupation tax exemption for certain coal-fired merchant power plants

Q: What does SB935 do?

In its own words: 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. ARTICLE 13. BUSINESS AND OCCUPATION TAX. §11-13-2r. Recomputation of taxable generating capacity of certain coal-fired electric generating facilities; imposition of recapture tax. (a) General. -- Notwithstanding any provision of this article to the contrary, for the.

Status: Signed into law, February 25, 2026

What the bill says

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. ARTICLE 13. BUSINESS AND OCCUPATION TAX. §11-13-2r. Recomputation of taxable generating capacity of certain coal-fired electric generating facilities; imposition of recapture tax. (a) General. -- Notwithstanding any provision of this article to the contrary, for the.

From the engrossed text, February 12, 2026:

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. ARTICLE 13. BUSINESS AND OCCUPATION TAX. §11-13-2r. Recomputation of taxable generating capacity of certain coal-fired electric generating facilities; imposition of recapture tax. (a) General. -- Notwithstanding any provision of this article to the contrary, for the taxable year beginning January 1, 2021, the tax on the privilege of generating electricity from coal-fired generating units in operation before January 1, 1995, shall be computed as provided in §11-13-2o of this code and the tax attributable to the months of January through June of 2021 shall be remitted before July 31, 2021, as provided in §11-13-4 of this code. beginning July 1, 2021, the owner or operator of a coal-fired generating unit in operation before January 1, 1995, may elect to recompute the taxable generating capacity of those coal-fired generating units determined under §11-13-2o of this code so that the tax attributable to the second half of 2021 is computed and paid on 45 percent of the official capability of those generating units, as defined in §11-13-2o of …

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West Virginia SB935: Eliminating business and occupation tax exemption for certain coal-fired merchant power plants

What the bill says

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