WVEC Legislative Update
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March 18 , 2005
Under the Dome
By Donald S. Garvin, Jr.
WVEC Legislative Coordinator
Week 6 - "It's A Jungle Out There . . ."
"It's a jungle out there,
Disorder and confusion everywhere.
No one seems to care - Well I do.
Hey, who's in charge here?"
As you stand around "the well" of the first floor rotunda in the capitol building, to the casual observer it can seem like there is disorder and confusion everywhere.
But it's actually quite the opposite, because "the well" serves as an "office away from home" for the multitude of lobbyists who descend on the capitol each session.
If you need to meet someone while you're at the capitol you just tell them, "I'll meet you at the well," and they will know where to meet you.
And if you're a bit more seasoned an observer, as you watch the coal boys huddle with the timber boys and the Chamber of Commerce huddle with the Farm Bureau, you get a pretty good idea of who's in charge here.
The real disorder and confusion at the capitol occurs at the various committee meetings.
Take, for example, this week's meeting of the Senate Natural Resources Committee, where Senator Sarah Minear confused the EQB issue (SB 287) with a study on water quantity in the state. She then made matters worse by claiming erroneously that SB 287 had been approved by the Joint Interim Rulemaking Committee.
But no one seemed to care.
"It's a jungle out there,
Poison in the very air we breathe.
Do you know what's in the water that you drink?
Well I do, and it's amazing . . ."
It's amazing, all right, that legislators pass air quality regulations without ever questioning what poisons are in the very air we breathe, without ever asking why West Virginia children have one of the highest rates of asthma in the nation, and without ever questioning why we should roll back air emission limits.
It's amazing that not one legislative committee is asking why the Department of Health has issued health advisories warning people not to eat fish they catch in our state's rivers and streams due to toxic levels of mercury found in fish tissues.
It's amazing that not one legislative committee is asking why studies are finding in our rivers male fish that contain female reproductive organs.
It's amazing that not one legislative committee is asking why the DEP continues to allow coal companies to build huge sludge impoundments containing billions of gallons of toxic coal waste.
Hey, who's in charge here?
"People think I'm crazy, 'cause I worry all the time.
If you paid attention, you'd be worried too.
You better pay attention,
Or this world we love so much might just kill you."
So as I stand at "the well" observing all the seeming disorder and confusion around me, I begin to hum to myself the song lyrics above - they are Randy Newman's lyrics to the theme song from the hit TV show, "Monk."
They always bring a smile to my face and give me the courage to go to the next legislative committee meeting on the agenda.
Remember to keep the birds in your jungle happy and keep the feeders full this week.
"I could be wrong now - but I don't think so.
It's a jungle out there . . ."
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Fate of Campaign Finance Reforms Rests with Senate Judiciary
By Julie Archer, WV-CAG
On Wednesday, the Senate Judiciary Committee took up SB 245, which is intended to reign in 527 groups like 'And for the Sake of the Kids' and 'WV Consumers for Justice.'
The bill would regulate electioneering that masquerades as "issue advocacy" by requiring significant levels of disclosure from legitimate sponsors of an electioneering communication that names a candidate - but currently escape regulation by stopping short of expressly advocating a candidate's election or defeat.
The bill also imposed limits on what individuals, political action committees, political parties and other organizations can contribute to groups that engage in electioneering communications. After, much debate the bill was sent to a subcommittee, but we hope it will reemerge early next week.
During the debate, Senator Frank Deem muddied the waters by complaining about newspaper adds being run by The Consumer Protection Alliance encouraging members of the public to contact their legislators to urge them to oppose a bill aimed at ending third party bad faith lawsuits.
Such ads are not considered electioneering communications and are not regulated by the Secretary of State because of obvious free speech and constitutionality issues. Senator Evan Jenkins stymied the debate by honing in on an exemption in the bill for 501-C4 tax exempt organizations. This exemption would directly apply to groups like WV-CAG, WVEC and some labor organizations that support the bill, however committee members were unaware that this exemption was included at the request of West Virginians for Life.
Also during the debate, Senator Clark Barnes objected to the bill saying that it would prevent groups from combining their financial resources to go up against those of a multi-millionaire.
While on some level, I think Senator Barnes' objective may have been well intentioned, he should realize that, even under the best of circumstances, grassroots advocacy organizations, labor unions and others will never be able to compete with the financial resources of corporate executives and other well-heeled contributors who can afford to finance high dollar media campaigns.
The real kicker may have been Senator Truman Chafin, a sponsor and supporter of the bill, who told the committee, that if they weren't going to pass the legislation they should remove all the contribution limits. He then indicated that at the appropriate time he would like to offer an amendment to do just that. His justification is that it would level the playing field. Senator Chafin needs to hear that the affect of his amendment would be exactly the opposite - eliminating contribution limits altogether would only give more power and influence to the wealthy.
Call Senator Chafin and others committee members and tell them if they are sincere about wanting to level the playing field they will support SB 245, as well as SB 247, which would establish a pilot project to provide full public financing to legislative candidates in two Senate and three House races in single member districts. Neither of these proposals is a panacea, but both would go along way toward reforming our electoral process and making elections fair and clean in West Virginia. Time is running out! Bills must be out of committee in the House of origin next week. Call Senate Judiciary Committee members and urge their support today!
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The Mountain Justice Summer Campaign
On Thursday, March 31, join a multi-state, multi-group rally and concert to announce the "Mountain Justice Summer Campaign." This event begins at noon and lasts until 3 p.m.
After E-Day! come on back to the State Capitol to demand an end to mountaintop removal! Speakers from Kentucky, Tennessee, North Carolina, Virginia, Ohio and West Virginia, including Jack Spadaro. Music provided by Elaine Purkey, Paige Delparto, Matt Peters and Tonya Adkins.
Join us at the stage near the back steps of the Capitol. Carpooling strongly encouraged.
Drivers can drop off passengers at Greenbrier (exit 99 off I-77/64) and Washington Streets, then proceed to Kanawha Blvd., take a left, travel about a mile to the Moose Club parking lot on the right. Shuttles will bring drivers back to the event. (Or take your chances parking around the Capitol or Laidley Field, which has a
shuttle to the Capitol.) Please bring your friends, family and neighbors out to help us kick-off this historic campaign! See www.mountainjusticesummer.org.
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Mining and Flooding
Two related news articles caught our eye this week.
One was about a landslide Saturday that covered a highway near Welch. Apparently, "an old strip mine above the road and saturated soil from rain and snow caused the dirt and rock to come sliding down over the highway."
The second was a March 3rd article by Charleston Gazette reporter Susan Williams, which we are reprinting below. Both articles are just another illustration of how strip mining for coal is "the gift that keeps on giving."
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Boomer Residents File Suit Against Two Coal Companies
Fayetteville - Boomer homeowners turned to the court system to seek protection from two coal companies that the residents believe are responsible for flooding in their community.
In a suit filed in Fayette County Circuit Court, the residents say they live in fear of future flooding and have already suffered damage to their homes and personal property from past flooding.
They have sued Appalachian Mining Inc., a Virginia company, and Appalachian Fuels, a Kentucky company. The two companies operate a surface mine above the residents in Boomer, a small community east of Charleston on U.S. 60. The state issued the permit to mine to Appalachian Mining, and Appalachian Fuels operates the mine, according to the suit.
The suit says storm run-off from the coal mining and haul road operations have damaged the homeowners' properties.
"If these conditions are not adequately corrected," the suit states, "such damage will reoccur and may increase with subsequent heavy rains."
The residents believe that "excavation into the hillside to widen the mine haul road above Boomer contributed to instability of the hillside below the haul road and above Boomer."
A landslide below the haul road "caused scarps, bulges, undulations, leaning and fractured trees and side cracks all the way down the slope above Boomer."
State inspectors cited the operation a year ago "for failure to prevent or control damage to private property outside the permit area," the suit states.
During heavy rains in May, "large amounts of water, mud, rocks and debris ran from the uncontrolled hillside land below the mine haul road through Boomer into streets, yards and the houses of the plaintiffs."
The residents also suffered similar events last summer, particularly Aug. 26, the suit states.
Besides the inconvenience and loss, the residents also say they live in "great anxiety" about what might happen unless the problem is corrected.
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Free Money!
By Linda Mallet, linda@wvcag.org
It's time again to start collecting those empty cans and bottles for Deposit Day, when we'll give you money for your empty beverage containers. Our second annual Deposit Day, in conjunction with the West Virginia Environmental Council's E-Day, will take place on Wednesday, March 30 from 10 AM to 2 PM in the upper rotunda at the state Capitol. Help us top last year's success when we collected about 1,000 containers an hour!
Help us show legislators how a Bottle Bill can work in West Virginia. For a few hours, we will set up our own redemption center in the Capitol halls and give you a dime for each container you bring in (please bring as many containers as you want but due to funding constraints we must limit our "refund" to $5 a person).
After you drop off your containers, take some time to visit the booths of environmental organizations from across the state. It's also a great time to lobby your legislators. Need help finding your way around? We'll be glad to help.
Take time that evening to relax, unwind and mingle with like-minded folks at the WVEC's E~Day! Reception from 5:30 till 9:30 pm at Perfater Law Offices on Virginia St. in Charleston. WVEC will present environmental awards to its 2005 recipients who have inspired us with their outstanding work and commitment to protecting West Virginia's environment. Enjoy live music by Steve Himes.
So, start hoarding those cans and bottles and we'll see you on March 30. For more information, please call us at 346-5891, e-mail us at linda@wvcag.org or visit www.wvbottlebill.org.
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Trash Bill Deserves the Circular File
By Conni Gratop Lewis, WVEC
Don't you wish that an issue could be settled and not come back to haunt people?
Then don't pay attention to one of this year's sleeper bills, Senate Bill 562.
It's a bill for Waste Management, the company that has the contract to both haul and landfill trash in Berkeley County. It is not sponsored by either of the senators from that district. That alone should tell you something is fishy.
It's a bill made possible by the lobbying of a former senator, Herb Snyder. Apparently he wasn't completely honest with the senators because one of the sponsors, Senator Roman Prezioso, said that had he known Snyder was a lobbyist, he wouldn't have been a co-sponsor.
It's a bill that enrages both Clint Hogbin, WVEC member and chair of the Berkeley County Solid Waste Authority, and Sen. John Unger.
And it undercuts a basic premise of the waste control laws passed in the early 1990s and modified a few years ago. That premise is that counties, under their solid waste authorities, should actually plan for the disposal of their trash. In that way, counties can control the waste stream and the amount of trash imported/exported in the county. What a concept.
Unfortunately the democratic control of trash streams interferes with the ability of large corporations to earn large profits at someone else's expense.
This bill is only one paragraph and is cleverly crafted to allow a B+ (15,000 tons per month) landfill upon some cursory application. It says that the Public Service Commission shall issue a certificate of need upon demonstration of need. It says that the Department of Environmental Protection shall amend the permit to allow this.
It finally provides (and this is the punch line) that no other approvals are necessary. So the solid waste authority and other interested parties do not have the opportunity to address enlarging the facility through the use of a referendum. What an insult to the citizens of the county.
Let's hope this self-serving bill never passes.
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The Necessary Twelve Steps To Clean Air
By Allan Tweddle, WVEC
Like an alcoholic who has not reached bottom - yet - much of the leadership of West Virginia supports the irresponsible devastation of "mining" coal as if there are no other alternatives.
No one even thinks "zero emissions". No one even hears the voices that plead from the gob piles, from the numerous time bombs waiting to ooze into another destructive explosion of toxic property. No one listens to the cries from under a crushing displaced rock that DEMAND responsible emission free coal mining.
The industry, and our legislators, turns a deaf ear. Instead of listening, the industry spends a small fortune on full time lobbyists and attorneys rather than sacrifices their bigger fortunes to help the unfortunate victims.
When will the madness end? When will we, West Virginians and a majority of our legislators, recognize the global trends toward renewable energy? When will we get to the bottom of this roll back of environmental laws and rules that simply protect and maximize the profits of the coal companies?
The coal industry knows that there is a finite mount of economically mineable coal. At current prices many mines are only "economically viable" with mountaintop mining. Even some of their own experts have told them so. We must transition towards totally clean energy, and now is a good time to start.
There was a glimmer of hope this week at the federal level. The announcement of a "plan" for reduced emissions by EPA known as CAIR was a good start. But CAIR fails to cover a lot of things. Most notably absent was CO2. The administration has yet to acknowledge that CO2 is one of the most important gasses that are causing global warming (or to be politically correct, global climate change).
While the announcement seems like a "first step", it occurs to me that there really are a lot more steps ahead and we ought to explore them here in West Virginia where a LOT of the greenhouse gasses are produced.
Here are twelve steps that WVEC would like the state to take to achieve responsible mining and use of coal. These steps also lay the groundwork for achieving 20% renewable energy by 2020:
1. Enforce the EXISTING Clean Air Act regulations including the New Source Review (NSR) rules.
2. Oppose any new roll backs of NSR as proposed by DEP.
3. Require the coal industry to set aside a health care trust to provide all miners and air-shed citizens proper health care for their pollution-caused traumas.
4. Implement Net Metering.
5. Initiate the regulation of ALL emissions from the mining and use of coal, including aluminum, arsenic, lead, mercury, and manganese-all of it.
6. Establish caps on ALL toxic emissions for each and every plant, without ANY trading of credits outside the air-shed of the emission source.
7. Require DEP to conduct its rule making in an open forum approach as the EQB always has (well, almost always).
8. Require DEP and EQB to evaluate and publicly respond in writing with supporting documentation-not just acknowledge and dismiss without comment-to all professional submissions that are supported with scientific or economic data to the alternatives and recommended changes to rule making proposals.
9. Establish an independent advisory board to examine the long-term economic growth potential for West Virginia by embracing a Renewable Energy Plan.
10. Enact a requirement to study all Renewable Energy Portfolios that are being developed, codified and initiated in other States, and report to the 2006 Legislature.
11. Develop a revenue-neutral tax incentive program for renewable energy systems that levels the playing field with the subsidized coal and gas energy industries.
12. Implement a Renewable Energy Plan to achieve 20% Renewable Energy by 2020.
Now that's VISION for West Virginia.I call it VISION 2020.
In 2002 I suggested we strive for a modest goal of 20% renewable energy by the year 2020.I called it, not too cleverly, the 2020 VISION PLAN.
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Group's Petition Seeks Tougher Mercury Limits In West Virginia Water
(excerpts from a March 13 Charleston Gazette article by reporter Ken Ward Jr.)
The Appalachian Center for the Economy and the Environment wants the EPA to force the state to toughen its water pollution limits for mercury.
Currently, two of the state's three mercury limits are weaker than EPA recommends - including a key standard for how much mercury is safe in fish. As a result, West Virginians statewide are cautioned to limit the locally caught fish they eat to avoid mercury poisoning.
But, the state Department of Environmental Protection is under no obligation to develop plans to clean up streams that already contain too much mercury.
"They're not protecting the state at all," said Margaret Janes, senior policy analyst for the Lewisburg-based Appalachian Center. "It's a fundamental breakdown."
Mercury is a highly toxic metal. When emitted into the air, it can fall with rain, enter water bodies, and move up the food chain to humans. Mercury can cause neurological problems, and is particularly dangerous to pregnant women and unborn children. Depending on the dose, human health effects from exposure to mercury can include subtle losses of sensory and cognitive ability, tremors, inability to walk and death.
A 2000 study by the National Academy of Sciences concluded that the population at highest risk is children of women who consume large amounts of fish and seafood during pregnancy. Children are at risk of having to struggle to keep up in school or needing remedial classes or special education, the study found.
Recent studies indicate that as many as 600,000 of the 4 million U.S. babies born every year have been exposed to levels of mercury significant enough to lower their IQs. Another study, by the Mount Sinai Medical School, estimated that mercury pollution costs the U.S. economy $8.7 billion a year in lost productivity by exposed children. By comparison, that is about twice the value of all coal mined in West Virginia every year, according to industry figures.
Coal-fired power plants are among the last unregulated sources of mercury emissions. These plants accounted for about a third of all U.S. mercury emissions in 1994-95, according to a landmark, congressionally mandated study . . .
. . . Nationwide, at least 45 states have issued fish advisories because of mercury contamination. Eighteen states have issued statewide advisories, warning residents to limit consumption of fish from any streams because of mercury. In all, the advisories cover more than 12 million acres of lakes and roughly 473,000 miles of streams, according to the EPA.
In December, West Virginia joined the states that have warned residents to limit consumption of fish from any rivers or streams. State public health and environmental officials cited a two-year study that found high levels of mercury in 78 percent of the fish samples tested.
At the same time, though, the state lists only about 17 streams on its official "impaired" list of waterways because of mercury contamination. Pat Campbell, a deputy director at the DEP's Division of Water and Waste Management, said that is because fish advisories and the impaired waterways list are based on different numbers.
The state based its fish advisory on the EPA's recommended limit of 0.3 parts per million of mercury in fish, Campbell said. But, the state bases its impaired-waterways list on the official list of water quality limits written by the Environmental Quality Board. Currently, the state's fish-tissue limit on mercury is 0.5 parts per million.
The EPA adopted its 0.3-parts-per-million recommendation in January 2001, based on updated information about mercury's impact on human health . . .
. . . On March 2, the Appalachian Center petitioned EPA regional administrator Don Welsh to force the state to adopt the tougher mercury limit. Under federal rules, the EPA must force the state's hand if federal officials find that the state's water pollution limits are inadequate.
"Unfortunately, West Virginians and their children live every day with a heightened risk of mercury-related illnesses and disabilities," the center said in its petition.
"The deposition of atmospheric mercury from coal-fired power plants and direct disposal of mercury to the land and water have resulted in a recent statewide fish consumption advisory because of toxic levels of mercury in fish," the group said.
"The advisory is a clear demonstration that West Virginia has failed to comply with the law and protect its citizens from mercury poisoning. Part of the state's downfall has been its failure to promulgate protective mercury water quality criteria.
"Clearly, the best way to protect West Virginians from the deleterious effects of mercury is not through a simple health warning, but by enforcing laws that prohibit contamination of our waters."
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Bills, Bills, Bills . . .
Here's an update on the movement of important legislation so this week:
Senate Energy, Industry and Mining Committee finally passed the EQB water quality standards rule, with no dissent. This is important because the rule contains EQB's recommendation to designate three streams in Preston County for Tier 2.5 antidegradation protection. These are native brook trout streams located on private land, and they are the first such streams ever nominated by private landowners for a higher level of protection.
Last week the Senate Judiciary Committee approved all of the air rules, including Rules 45CSR14 and 45CSR19, which would replace current WV air emissions limits with weaker, controversial federal standards that are currently in litigation. The Committee will now "bundle" all the DEP rules into one package, making it virtually impossible to amend them on the Senate floor.
The House side has not yet begun considering any of the DEP rules. So there is time to contact delegates on the House Judiciary Committee and let them know that 45CSR14 and 45CSR19 actually weaken the state's current air emission limits. Ask them to oppose these two rules.
The House Judiciary Committee has still NOT taken up HB 2889 - that will let the Department of Environmental Protection determine the state's water quality standards, instead of the independent Environmental Quality Board - and it now appears they will not consider the bill until next week. The committee is working from a "Committee Substitute" for the bill, which is still undergoing changes by the committee staff.
However, the debate on the EQB issue has now switched to the Senate, where members of the Senate Natural Resources Committee and the Senate Energy, Industry and Mining Committee passed out a similar bill, SB 287, this week. Two members of the Natural Resources Committee asked to go on record as opposing the bill, Senators Randy White and Senator Clark Barnes. This bill is triple referenced, so it will next be considered by the Senate Judiciary Committee.
This week the Senate Energy, Industry and Mining Committee also passed out SB 433. This is a companion bill to the "kill EQB" bill, and it would add a representative of the Farm Bureau and a representative of the Timber Association to the DEP Advisory Council, and would further skew the balance on the council in favor of the polluters.
Equally important are provisions in the bill that would allow special meetings of the council to be called for by a majority vote and allow the council, also by majority vote, to "offer suggestions to the secretary for proposed new or amended legislative rules."
EIM Committee members increased the size of the Advisory Council even more, adding council positions for members from the oil and gas industry, United Mine Workers, and the WV Wildlife Federation. This bill is becoming quite a Christmas tree.
SB 433 now goes to the full Senate, where it will likely pass. However, a House version of the bill, HB 2883, remains to be considered either by the House Government Organization Committee or House Judiciary. So there is still time to ask your delegates to oppose this bad piece of legislation.
As usual, we expect to see attempts to sneak in bad bills during the last days of the session. So stay in touch, stay informed, and keep the communications flowing to your legislators.
Raffle Tickets Still Available!
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The West Virginia Environmental Council's E-Day! At The Capitol
Wednesday, March 30, 2005, Upper Rotunda area ~ Senate & House Halls
10:00 am ~ 3:00 pm
Featuring:
Groups / Organizations / Sustainable Business Displays!
Recognizing our 2005 Lobby Team & Award Recipients
Citizen Lobbying
Deposit Day ~ Support the Bottle Bill!
Bring your recyclable containers, collect up to $5.00
Participants To-Date Include:
WV Environmental Council
Ohio Valley Environmental Coalition
WV Highlands Conservancy
Peoples Election Reform Coalition
WV Citizen Action Group
Spring Creek Natural Foods
Wholistic Wellness Network
WV Wilderness Campaign
Citizens For Clean Elections
Coal River Mountain Watch
Friends of the Mountains
WV Chapter, Sierra Club
Friends of Blackwater Canyon
Medicine Song Crafts
Stanley Heirs Foundation
WV Collegiate Network (CEN)
Sludge Safety Project
Sustainable WV
Tri-State Citizens Mining Network
Mon Valley Clean Air Coalition
LaPaix Herb Farm
Tri-State Citizens Mining Network
Mon Valley Clean Air Coalition
Indoor Environmental Inspections
Environmental Advocate Office - WV DEP
Omega-Alpha Tire Re-use Services
Mountaineer Chapter ~ Trout Unlimited
Indoor Air / Water Purification Products
Natural Health & Environmental Services
Interfaith Global Climate Change Campaign
Sierra Club Central Appalachian Environmental Justice
E-Day! Reception 5:30 ~ 9:30 p.m.
Perfater Office Lobby 1311 Virginia St. E., Charleston WV
2005 WVEC Award Presentations: 7:00 pm:
Mother Jones ..... Dave Saville
Laura Forman Grassroots Activist ..... Judy Rodd
Green Entrepreneur ..... Myra Bonhage-Hale, LaPaix Herb Farm
Chuck Chambers Public Service ..... Libby Chatfield
Linda Schnautz Environmental Courage ..... Maria Gunnoe
Music by Steve Himes
$10.00 suggested donation at the door
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Legislative Session 2005 Information Sources
Legislative Reference & Information Center:
MB-27, Bld. 1 - State Capitol Complex,
Charleston WV 25305
WV Legislative web-site: www.legis.state.wv.us
(For bill tracking, bulletin board (journals), legislators' e-mails.)
To Call Toll Free: 1-877-565-3447 or local Charleston area: (304) 347-4836
WV Environmental Council Web-site: www.wvecouncil.org
Ohio Valley Environmental Coalition: If you want to easily get the latest news during the legislative session, check www.ohvec.org/ovec_news.html and www.ohvec.org/news_gen.html daily.
Every morning, OVEC checks scores of news sources and post links to make it easier for you to stay informed.
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