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Second Bill Introduced Targeting Rising Electricity Costs for Major Employers in West Virginia

Companion bill for the Energy Freedom & Fairness Act introduced in the House to relieve energy demand pressure on utilities, protect ratepayers from new generation costs

CHARLESTON, WV (Feb. 11, 2026) –– Del. Tristan Leavitt has introduced House Bill 5411, the Energy Freedom & Fairness Act, in the House chamber. This legislation allows commercial and industrial companies to purchase electricity supply directly from competitive electric suppliers rather than being limited to a single utility option, helping them better manage rising energy costs.

House Bill 5411 is a companion bill to Senate Bill 733, recently introduced by Sen. Patricia Rucker.

“Affordable electricity isn’t a luxury — it’s a necessity for West Virginia families and the employers who provide their jobs,” said bill sponsor, Del. Tristan Leavitt. “When energy costs keep climbing, businesses are forced to make tough decisions, and those costs eventually show up in paychecks, prices, and lost opportunities. This bill gives large employers a responsible way to control their energy costs. It’s a practical solution that promotes fairness, strengthens our economy, and helps keep West Virginia competitive.”

The Retail Energy Advancement League (REAL), a national organization advocating for energy market expansion and consumer choices, applauds Sen. Leavitt for championing legislation that will provide commercial and industrial businesses with a choice in their power supply.

“The concept is simple: allow large energy users to have direct access to an energy marketplace to meet their electricity needs the same way utility companies do,” said Chris Ercoli, president and CEO of the Retail Energy Advancement League.“Allowing large energy users to access competitive electric supply is a practical solution that can reduce their cost pressures, encourage new power generation from independent power producers, and ease the strain on utility systems — benefiting all ratepayers in the long run. We applaud Sen. Leavitt for his comprehensive approach to help support West Virginia’s energy needs.”

Both bills are supported by the West Virginia Energy Users Group (WVEUG) and the West Virginia Manufacturers Association (WVMA).

Electricity is a top three operational cost for commercial and industrial businesses. Neighboring states, such as Ohio, Pennsylvania, Maryland and Virginia, already allow large energy users to procure their own electricity and secure significant savings –– West Virginia risks falling further behind.

According to a study by Cleveland State University, commercial and industrial energy customers in Ohio collectively save an average of $1.17 billion annually by having access to a competitive electricity marketplace.

“West Virginia manufacturers depend on affordable, reliable electricity to compete, grow, and keep people working,” said Bill Bissett, president of the West Virginia Manufacturers Association. “Energy costs are one of the biggest factors in whether manufacturers can grow and remain competitive. This legislation gives employers greater control over costs and reliability. It’s a smart, pro-jobs solution that builds on last year’s microgrid law and expands energy control to more in-state manufacturers. With this bill, lawmakers can strengthen our economy, protect jobs, and ensure West Virginia businesses remain competitive.”

Under current West Virginia law, residential, commercial, and industrial customers are required to receive electricity supply from their designated utility. This structure places the full burden of growing energy demand on utilities, requiring them to build or purchase additional power — costs that are ultimately passed on to all ratepayers. House Bill 5411 and Senate Bill 733 allow large energy users –– manufacturers, steel plants, tech companies –– to shop for their electricity from a supplier or power generator other than their utility company.

By allowing large energy users to procure their own electricity, this legislation positions West Virginia to attract new investment, strengthen grid reliability, and address rising energy costs without shifting financial burden onto households and small businesses. House Bill 5411 and Senate Bill 733 represent a commonsense step toward a more resilient, competitive energy future for the state.

About Retail Energy Advancement League (REAL)

The Retail Energy Advancement League (REAL) is a national advocacy organization dedicated to the expansion and modernization of American retail energy markets. In many states, utility monopolies still control the electric market and customers can’t choose where they buy their electricity and gas. Nearly half of all states in the U.S. offer some form of electricity competition to energy users.

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Energy News

New Legislation Targets Rising Electricity Costs for Major Employers

Bill relieves energy demand pressure on utilities, protects ratepayers from new generation costs

CHARLESTON, WV (Feb. 3, 2026) –– New legislation was introduced to strengthen West Virginia’s energy market by giving major employers new options to manage electricity costs, while protecting residential and small business ratepayers. The bill, Senate Bill 733 introduced by Sen. Patricia Rucker, is common-sense legislation that allows commercial and industrial companies to purchase electricity supply directly from competitive electric suppliers rather than being limited to a single utility option, helping them better manage rising energy costs.

“West Virginia’s economic future depends on having reliable, affordable electricity,” said Sen. Patricia Rucker, sponsor of Senate Bill 733.“When rising energy costs make it harder for major employers to do business, it puts jobs, wages, and future investment at risk for West Virginians. This legislation gives employers more flexibility to manage their energy costs, while protecting families and small businesses from the risks of energy intensive businesses. This is a practical, market-driven approach that encourages investment, supports job creation, and helps ensure our state has the power it needs for the future.”

The Retail Energy Advancement League (REAL), a national organization advocating for energy market expansion and consumer choices, applauds Sen. Rucker for championing legislation that will provide commercial and industrial businesses with a choice in their power supply.

“The concept is simple: allow large energy users to have direct access to an energy marketplace to meet their electricity needs the same way utility companies do,” said Chris Ercoli, president and CEO of the Retail Energy Advancement League.“Allowing large energy users to access competitive electric supply is a practical solution that can reduce their cost pressures, encourage new power generation from independent power producers, and ease the strain on utility systems — benefiting all ratepayers in the long run. We applaud Sen. Rucker for her comprehensive approach to help support West Virginia’s energy needs.”

Electricity is a top three operational cost for commercial and industrial businesses. Neighboring states, such as Ohio, Pennsylvania, Maryland and Virginia, already allow large energy users to procure their own electricity and secure significant savings –– West Virginia risks falling further behind.

According to a study by Cleveland State University, commercial and industrial energy customers in Ohio collectively save an average of $1.17 billion annually by having access to a competitive electricity marketplace.

“West Virginia manufacturers depend on affordable, reliable electricity to compete, grow, and keep people working,” said Bill Bissett, president of the West Virginia Manufacturers Association. “Energy costs are one of the biggest factors in whether manufacturers can grow and remain competitive. This legislation gives employers greater control over costs and reliability. It’s a smart, pro-jobs solution that builds on last year’s microgrid law and expands energy control to more in-state manufacturers. With this bill, lawmakers can strengthen our economy, protect jobs, and ensure West Virginia businesses remain competitive.”

Under current West Virginia law, residential, commercial, and industrial customers are required to receive electricity supply from their designated utility. This structure places the full burden of growing energy demand on utilities, requiring them to build or purchase additional power — costs that are ultimately passed on to all ratepayers. Senate Bill 733 allows large energy users –– manufacturers, steel plants, tech companies –– to shop for their electricity from a supplier or power generator other than their utility company.

West Virginia continues to rank second worst –– out of all states ––in electricity price percentage change since 2008.

By allowing large energy users to procure their own electricity, this legislation positions West Virginia to attract new investment, strengthen grid reliability, and address rising energy costs without shifting financial burden onto households and small businesses. Senate Bill 733 represents a commonsense step toward a more resilient, competitive energy future for the state.

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Energy News

Energy Aggregation Isn’t Just for Businesses — Schools Benefit Too

Local governments are always looking to manage property and school taxes. Public education is an expense spread across the entire community, and finding savings in that expense directly benefits residents.

Just as homeowners deal with electric bills that can deliver real sticker shock, school districts face the same challenge.

A 2002 fact sheet from the U.S. Dept. of Energy found that K-12 schools nationwide were spending more than $6 billion annually on energy. In many school districts, the fact sheet states, energy costs were second only to salaries in district expenses.

Efforts to reduce energy costs for schools often focus on additional investments, such as facility upgrades or efficiency improvements. But what if there was another option to reduce costs –– an option on who supplies electricity to schools to secure a better price?

In the business community, companies often create aggregation programs to secure bulk purchasing power, better pricing, and more tailored energy products. This approach helps businesses better meet goals, specifically on cost with better price certainty.

Business Aggregation for Massachusetts Retailers

One example of this is the Retailers Association of Massachusetts (RAM) Fixed Rate Electricity Supply Program. RAM partners with a broker and an electric supplier to secure fixed-rate electric supply pricing for program participants, such as independent stores and restaurants. 

The program is designed to protect businesses against unexpected price fluctuations commonly experienced in the electricity market, enabling members to confidently budget their annual electricity costs and achieve savings compared to utility rates.

New Jersey school districts applied the same model in hopes of achieving the same results.

More Than 25 Years of Savings for New Jersey School Districts

In 1999, three major New Jersey education organizations joined together for ACES: the Alliance for Competitive Energy Services.

The New Jersey School Boards Association, New Jersey Association of School Business Organization, and NJ Association of School Administrators joined forces to capitalize on New Jersey’s energy market structure and offer a statewide program for all school districts to benefit from aggregate power purchases. 

After experiencing great success procuring electricity at cheaper prices, the Alliance began an aggregate program for natural gas procurement. 

Within a decade, the Alliance said ACES saved New Jersey school districts more than $250 million on energy bills.

Retail Aggregation Brings Results

The key benefit of business aggregation is that it provides entities with the economic benefits of bulk purchasing, such as reduced energy pricing and access to options otherwise only available to massive energy users.

Without a competitive market structure, schools and other public entities cannot leverage collective buying power — limiting cost savings and access to innovative energy solutions.