Gov. Morrisey signs Universal Professional and Occupational Licensing Act
Urges passage of microgrid/data center bill
CHARLESTON — Gov. Patrick Morrisey celebrated the passage of one of his key pieces of legislation allowing people moving to West Virginia to easily transfer their occupational licenses, while also urging members of the Senate to give his microgrid/data center bill a chance.
Morrisey held a bill signing ceremony Monday afternoon for Senate Bill 458, the Universal Professional and Occupational Licensing Act, after the House of Delegates passed it last week in a 97-0 vote.
“Today, I think we take a huge step forward,” Morrisey said. “It’s my priority to make sure that West Virginia is the most attractive place to live, work and play and the best place to raise a family. Part of that means reducing bureaucracy and red tape for those who are already here or for those who want to move to West Virginia and contribute to our economy.”
SB 458 would allow for universal licensing reciprocity in West Virginia for occupations and professions governed by Chapter 30 of State Code. The bill mandates that professional boards grant licenses to individuals who have been licensed in another state for at least a year under certain circumstances.
Licensees would need to show they are in good standing in their original state and that they meet the minimum education, work experience and clinical supervision requirements there. The bill would also apply to any new resident who previously passed any required examination for the out-of-state license.
The applicant would need to have a clean disciplinary record, with no rescinding of licenses or voluntary surrenders in other states due to unprofessional conduct, as well as no criminal history. The licensee would still need to pay any applicable state fees for licensure.
The Universal Professional and Occupational Licensing Act includes stipulations for military spouses traveling with their partner to West Virginia and wishing to transfer their occupational license with them. The bill allows professional boards to require an exam on West Virginia-specific laws, while explicitly excluding licenses to practice law and certain background checks.
“This law is going to put West Virginia (in) a place to accept professional and occupational licenses issued by other states for individuals to establish here,” Morrisey said. “This is going to ensure that nurses, doctors, contractors, realtors, skilled workers licensed in other states … can move to West Virginia, and you can get to work right away.”
Morrisey campaigned on easing regulatory hurdles preventing individuals from being able to work or start a business in West Virginia. During his State of the State address on Feb. 12, he said universal licensing reciprocity would be a way to encourage more people to enter the workforce and reverse the state’s poor labor force participation rate.
“Improving workforce participation, that’s the challenge of our time. I think it’s the biggest issue we have here in the state, and it’s one that I’m working every day to confront head on,” Morrisey said. “In my State of the State speech, I also asked the legislature to work with me to pass a number of bills to address workforce participation and fuel the economic growth that helps drive our comeback.”
SB 458 is one of 12 bills introduced on behalf of the governor that has completed the legislative process, with other bills still working their way through the Legislature during the final week of the 60-day session ending at midnight on Saturday.
“We have a number of other big issues that are coming down right now that are being considered this week,” Morrisey said. “It’s an exciting time, and I’m looking forward to closing out this legislative session in a very positive manner. I will tell you, so many members of the Legislature are working very hard to make that happen, so I’m very grateful.”
One of those bills is House Bill 2014, also called the Power Generation and Consumption Act. HB 2014 would create a Certified Microgrid Program within the Division (currently the Department) of Economic Development to support the attraction of high-impact data centers to the state as well as localized power generation for such facilities, also called microgrids.
“Right now, there are a lot of companies across the country that are looking for ways to invest money in data centers, and they’re eyeballing what states are going to be most perceptive to allow someone to come in and to be able to get to build in as fast a period of time as possible,” Morrisey said. “There is unlimited practically investment in this area, and a lot of it will flow to states that get it right in terms of the structure that’s in place.”
The bill would allow for multiple microgrids across the state if more than 60% of the electricity generated is used by one or more high-impact data centers, defined as one or more facilities with a power load of 90 megawatts total. These microgrids are limited to a sale of 10% of the electricity generated to the wholesale market. The remaining energy must be used internally.
HB 2014 contains language to protect current electric ratepayers from having to pay for the microgrid connection or any of the electricity supplies. The bill also includes requirements for the state Public Service Commission to consider capacity factors when looking at future electric generating needs.
The PSC is required to regulate electric utilities to achieve a 69% capacity factor by maintaining a thermal base load, though there is no requirement to operate at this level if not economical. The bill also requires coal-fired power plants to maintain an average annual minimum 30-day supply of coal.
High-impact data centers would file tax returns with the Board of Public Works. While county property tax revenue would be kept at current levels, the remaining property tax dollars would be paid to the state and divided among six different funds, including a new grid stabilization fund to assist regulated utilities to develop and maintain coal and natural gas generation and transmission.
The House passed HB 2014 in an 88-12 vote last week. But the bill has yet to make it to a committee agenda in the Senate. It was referred to the Senate Economic Development Committee and was on an agenda last Friday but was pulled at the last minute.
“I’m optimistic we’re going to get it through the Senate as well,” Morrisey said. “I would argue this bill could be one of the single biggest economic development bills for our state that we’ve seen in a very long time. I think it’s going to allow West Virginia to get on the map in a very significant way to be a hub for these data centers and for technology to come to West Virginia in a way that we haven’t seen before.”
Concerns are being raised by county commissioners about the bill’s tax structure that would direct collections away from county governments except for bonds and school levies. And questions continue about possible negative effects on electric ratepayers despite the provisions in the bill meant to protect against rate increases.
“I’ve got constituents complaining constantly about their power bills,” said state Sen. Rupie Phillips, R-Logan, during remarks on the Senate floor Friday. “Mamaw can’t afford this. I think everyone knows what I’m talking about. I’ll just say it. HB 2014. We can’t afford it. … I hope and pray this body will listen and understand that Mamaw and Papaw, Toby and Edith, can’t afford it.”
“We’ve created a stabilization fund and some protections for consumers, so that they’re not going to be paying the freight for a lot of this new investment,” Morrisey said Monday.



