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.
