WVEC Legislative Update

To read the update online, scroll down to articles (or click on index links below).  If you want to print or read an exact copy of the printed newsletter, try the PDF version. 

Under the Dome
Half Way Through the Session
2004 E-Day Award Recipients
Dear Governor Wise …"We’re The E-Council . . . And We’re Here to Help"
WVEC’s "WEST VIRGINIA ENERGY CONSERVATION PLAN OF 2004"
E-Day at the Capitol!   Go Ye Out and Lobby Tips
Send Us Your Love!
Special Valentine Thanks
All Terrain Vehicles - Still Moving
Mining Committee Rubber Stamps Weakening of Coal Truck
Correction:  Clean Elections: Keep Calls Coming! 
WVEC's 15th Annual E~Day! At the Capitol (pdf)
Bills We Are Tracking

Under the Dome

Donald S. Garvin, Jr., WVEC Legislative Coordinator

Week 4 – Here Come da Judge

This week the Senate Natural Resources Committee took up SB 353, the EQB water quality rule.

And an amazing committee meeting it was.

For starters, it was discovered that all of the amendments that had been offered by industry to weaken the bill had erroneously been amended into the bill as it emerged from the legislative Interim rulemaking committee.

What the rulemaking committee had actually done was pass the original EQB rule "without recommendation", with the weakening amendments listed as "pending." Well, procedurally, amendments can be either accepted or rejected, but they can’t be sent on as "pending."

Confused? So were the senators.

But staff knew what they were doing, and it was made clear that the bill being considered by Natural Resources was the original EQB water quality rule, with no amendments.

Now here’s when things got really amazing.

Staff legal counsel next told the committee that making amendments to the water quality rule by the legislature could result in legal challenges to the bill that could not be defended in court.

As a citation, the legal counsel used the recent OVEC (etal) v. EPA lawsuit decision that threw out several provisions of the legislature’s antidegradation implementation plan on the grounds that there was insufficient administrative record of fact or science, as required by the federal Clean Water Act.

Holy moley! That’s what we’ve been saying all along, that none of the industry amendments had been given a full public notice and hearing as required by the law.

Natural Resources chairman John Pat Fanning told the committee, "You can’t adopt these things unless you have some background information."

When other committee members mentioned that the weakening amendments could be considered next by the Senate Judiciary Committee, chairman Fanning responded, "That’s a gamble they will have to take. I will not take that gamble."

Some senators on the committee seemed dumbfounded by the discussion.

Senator Karen Facemyer was angry. "Every member should be offended by being told we can’t amend a bill," she said. "We’ve got the court system telling the Legislature what’s law and what’s not."

Oh, come now, Senator, you know that’s how our democratic system of checks and balances has worked for more than 200 years! It’s the judiciary’s job to rule on the constitutionality of legislative actions.

And it would seem only prudent that the legislature might want to consider the legality of its own actions – before passing legislation that is likely to be thrown out in a court of law.

Well, when the uproar died down, the committee passed the original EQB water quality rule without any amendments, and also passed a resolution recommending that the industry-proposed amendments be sent to a study committee for 16 months. The bill now moves to the Senate Judiciary Committee.

Lesson learned: some impacts of environmental lawsuits are not realized until later down the road!

Ah, if winter comes can spring be far behind? But it’s still winter out there, so please remember to feed the birds this week.

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At mid-point in the 2004 WV Legislative Session not one piece of important environmental legislation has been enacted into law. In addition to the major bills we are working, there are numerous other bills we are working or keeping our eyes on.

Here’s a brief look at a few of the other bills:

The DEP has proposed an "Environmental Excellence" program (SB 155 and HB 4027) that contains some questionable incentive provisions to encourage industry to go further than simply meeting required air and water pollution standards. It’s not a bad idea, but the devil is always in the details.

DEP also has a proposal to require utilities to measure and report the amounts of greenhouse gases produced at their facilities. This is an important bill (HB 4029) which WVEC supports.

There is still a lot of talk that the Farm Bureau and others in the "regulated community" will push another attempt to gut the Environmental Quality Board and replace it with some type of water quality board they can control (SB 60). If this gets pushed, we will have a big fight on our hands.

DNR still wants permission to sell trees that are cut down in state parks or forests incidental to other construction activities (SB 498 and HB 4450). Again, the devil is in the details.

There is a bill that would allow the "beneficial" use of water treatment plant sludge (SB 89), that we need to take a closer look at.

The Senate has passed SB 231, an interesting bill that would allow counties to limit activities in flood plains that might impact neighboring lands. The bill has now moved to the House.

And the list goes on and on. The WVEC lobby team tracks and "works" as many of these bills as it can. You can track them on the WV legislature’s web page.

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2004 E-Day Award Recipients

For their outstanding activism, leadership, courage and dedication to West Virginia's environment and future:

Mother Jones Award: Janet Fout, an environmental activist for more than 25 years and well known bird lover, Janet began her activism as a member of the Audubon Society. She has since been active on a variety of issues, including: Ashland Oil Refinery, preserving wetlands, air quality, campaign finance reform, mountaintop removal (to name a few.) Janet is a strong and courageous activist and leader. She is currently Co-Director (along with Dianne Bady) of the Ohio Valley Environmental Coalition (OVEC), an organization based in Huntington, WV that she also helped found in the 1980's.

Chuck Chambers Public Service: Jack Spadaro, has worked in several capacities for U.S. Dept. of Labor, Mine Safety & Health and the Office of Surface Mining for the U.S. Dept. of Interior beginning in the 1970's. Jack is currently on "administrative leave" from his position with Mine Safety & Health Administration's national training academy in Beckley, WV. He is termed a "whisleblower" citing Massey Energy and others while taking his job seriously to safeguard miners and coalfield residents (as he has always done throughout his career).

Laura Forman Grassroots Activist, Freda Williams, a native of Boone County, she has lived most her life in the coal fields of West Virginia. Her family roots helped form her early on, learning of coal field injustices from her father, a coal miner and Union organizer who fought in the mine war at Blair Mountain. Freda started speaking out against strip mining in 1968, and hasn't stopped. She currently works with Coal River Mountain Watch.

Linda Schnautz Environmental Courage: Patty Sebok, a native of Boone county and a self described "coal miners daughter". Her grandfather fought to Unionize the coalfields and never returned from the battle of Blair Mountain. Patty's courage has taken her to stand on UMWA picket lines, fighting against overweight coal trucks, and now working with Coal River Mountain Watch against Mountaintop Removal.

Green Entrepreneur: Spring Creek Natural Foods, Inc., a sustainable business in Spencer, WV that produces natural, high quality, soy-based foods. Spring Creek has been producing nutritious food for over a decade. The dedication of Bob Hamburg and the staff to this endeavor is remarkable - and rare. They are spearheading an effort to increase awareness about the dangers of genetically engineered food, chemical additives and other nutritional health hazards. They make the best tofu in the world!

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The State is looking for solutions to the growing fiscal dilemma . . .how to balance the budget on reduced revenues without cutting needed services. We have a plan: a convergence of ideas and available technical resources that, we believe, will assist the State leadership in cutting costs, energy and emissions. The West Virginia Environmental Council, as representatives of the Citizens of West Virginia "who want to breathe clean air and drink clean water", vote and pay taxes, respectfully deliver the following offer and plan to help.

February 13, 2004
Governor Robert Wise
State of West Virginia
State Capitol
Charleston, West Virginia

Dear Governor Wise,

We are pleased to recognize your announced environmental concerns, your dedicated focus on the financial challenges of the State, and your leadership in both of these important areas. We, the West Virginia Environmental Council, wish to propose a realistic Energy Conservation Plan that will save the State money and reduce energy consumption as well as Greenhouse Gas Emissions.

We believe that there are market resources available that can achieve these critical goals without the need for any capital investment by the State. In addition, advanced technology is currently being introduced that will, in fact, create an opportunity for West Virginia to be a leader in environmental advances, particularly in the field of education.

Consistent with your long-standing commitment to encouraging logical advances in environmental improvement, we seek the opportunity to work with your staff to facilitate this policy for the benefit of all WV citizens.

We look forward to exploring this further with you.

Allan S. Tweddle
On behalf of the
West Virginia Environmental Council

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The State of West Virginia must seek every possible way to save taxpayer dollars in this tight economy. In addition, scientific consensus has identified global warming as a serious threat to our planet, it is prudent and appropriate that the State should set an example for the citizens by embracing and putting into practice Energy Conservation in all its activities.

As responsible policy makers, we in the administration and the legislature must seek solutions and practices that will strengthen the economy of our State, improve the services and benefits to our citizens, while seeking to reduce the financial burden on our citizens whenever possible. To that end, this Energy Conservation Plan of 2004 seeks to reduce our energy consumption and costs while improving the environment for all its citizens.

This Plan seeks to reduce such costs and energy consumption in both the stationary and mobile resources of all State assets.

By Executive order, The Agencies of the State of West Virginia will develop Energy Conservation Plans for all facilities and vehicles held as operating assets.

A. BUILDINGS

I. Existing State owned buildings will be examined and opportunities identified for reducing energy consumption.

II. New buildings planned or now in design will be built to the highest L.E.E.D.S. Standards, whether owned or leased by the State.

III. Currently leased facilities will be examined for possible energy reduction opportunities to the mutual benefit of the State and the landlord.

I. All existing vehicles currently owned and operated by the State must be reviewed before replacement to determine if a more efficient vehicle is available. Wherever possible, a more efficient and economical vehicle must be selected.

II. The state will seek, wherever available, a hybrid powered vehicle.

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Offered by Veteran Lobbyist
Conni Gratop Lewis

If you’re in a group, select who will speak on each issue.

Practice what you will say. Keep it short and sweet. Legislators have way too much information to process and a clear message is the one that will cut through the clutter.

Be a few minutes early, and be prepared to wait. All legislative schedules are subject to change. Senators have more committee meetings than Delegates.

Legislators who are committee chairs are busier than the others.

Legislators’ assistants can be as knowledgeable about an issue as the legislator. Perhaps you will also want to talk to her. (Assistants are almost exclusively women.)

Be respectful and polite, since you do want to be welcomed when you return another time for another visit. Threats backfire. So does being disruptive.

Do explain how the issue affects you and your community.

Don’t do all the talking, let the legislator express his/her concerns. You may be able to answer them. Listening is a critically important skill in the legislative process.

If you are not sure of something, say so, and promise to get an answer back. Then do so.

After the visit, thank them for their time and their interest. A written note of thanks, recapping the discussion and any promises made is a good idea.

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Tomorrow is Valentine’s Day and you are all our "sweethearts" and we just know that we are your sweethearts, too.

So why not send us your love "offerings" to help warm us up? We really do rely on your contributions to keep the WVEC lobby team working on your behalf at the capitol. And we need your support now more than ever.

So send us a Valentine gift today, and you’ll see how much it will warm your heart as well.

We want to send special valentine thanks to all our supporting organizations. These organizations are the E-Council, most of whom have not only donated during this session, but have been consistantly supportive of the lobby team effort over the years.

We have now been lobbying as WVEC for fifteen years. Quite remarkable. And quite impossible without the support of these organizations:

The ATV bill (4022) has gone to conference committee to iron out differences between the houses. The committee will meet next week, which gives citizens time to contact their legislators and express their concerns about allowing the machines where they don’t belong. If we can keep them off paved roads, it will reduce significantly the opportunity to operate them on public lands, such as the Monongahela National Forest, wildlife refuges and other special places. The bill as passed by the senate doesn’t affect DNR’s ability to regulate ATVs on their property.

The conferees from the House are: Dels. Beane, Talbott, Ennis, Manuel and Caruth. The Senate conferees are: Kessler, White, Oliverio, Ross and Deem.

Informal polls indicate at least 90% of West Virginians don’t want ATVs on paved roads. I can’t think of any other public policy issue that garners 90+% support.

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Mining Committee Rubber Stamps
Weakening of Coal Truck Enforcement Rules

This week the Senate Energy, Industry and Mining Committee (EIM) rubber stamped proposed changes to the rules the Public Service Commission (PSC) uses to enforce the new "overweight coal truck law" that was passed last year. The rule change weakens a provision that requires shoppers and receivers of coal to report weight and other transport information to the PSC by limiting it to those trucks operating in the 15 southern counties that make up the Coal Resource Transportation System (CRTS). This change is in conflict with the intent of the law.

Senator Jon Blair Hunter was the lone vote against the bill (SB 392), which be considered next by the Senate Judiciary Committee. Hunter told the Associated Press, ""Hopefully, judiciary will get some legal opinions. Either way, I believe this will end up in court.’’

Please contact Judiciary Committee members. Tell them NOT to weaken the provision for coal trucks. Tell them that trucks driving in EVERY county should be accounted for.

If this bill passes the Senate, count on a fight in the House lead by Delegate Mike Caputo.

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Correction:  Folks, in the middle of the legislative session and in the rush to put out the Legislative Update on Fridays, slip-ups can occasionally happen. On Friday, for example, we included the wrong "Clean Elections" article in the Update. Here is the correct and current article. -- Don Garvin, WVEC Legislative Coordinator

Clean Elections: Keep Calls Coming! 

by Julie Archer, WV Citizen Action

Keep those calls coming in support of the WV Clean Elections Act (SB 270 and HB 4260)! Senate Judiciary did not take up the bill this week, which gives us more time to make sure we have the votes. Committee members who really need to hear from folks are Senators Fanning, Harrison, McKenzie, Minard, Oliverio, Smith and Snyder. Sponsors should also get calls that their support for Clean Elections is appreciated. Sponsors on the committee are Senators Caldwell, Hunter, Jenkins, Kessler, Rowe and White.

The House sub-committee met this week and is scheduled to meet again on Monday. It is a good committee and it is giving the bill serious consideration. For the latest attend E-Day, Tuesday, February 17, and stop by the Citizens for Clean Elections table. Please come and lobby for clean elections and a clean environment!

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Bills We Are Tracking

We will let you know each week the current bills we are tracking - and as usual, keep you informed on all the issues WVEC is working on during the session.

See WV legislature’s web page for text of bills.

Legislative Reference & Information Center
MB-27, Building 1
State Capitol Complex
Charleston, WV 25305
304 347-4836 toll free: 1 877 565-3447

On Line: www.legis.state.wv.us

 Click here for a complete list of all the House of Delegates Representatives and Senators with their individual contact information. 

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