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WVEC Green Legislative UpdateTo read the update online, scroll down to articles (or click on index links below). If you want to view or print an exact copy of the printed newsletter, try the PDF version. January 29, 2010
By Donald S. Garvin, Jr. Week 3 – The Next Day I was there, one of the "environmentalists" at the Monday meeting with coalfield residents and the Governor that Ken Ward mentions in his article in the column next to this. We met in the somewhat gloomy big white tent the Governor seems to have permanently attached to the stately Governor’s mansion. It was really quite formal – tables covered with white tablecloths, coffee and snacks served on the Governor’s china. And a big bowl of fancy mixed nuts in front of every chair (the perfect metaphor?). Since it was a "private" meeting and the press was not allowed, perhaps you would like to know who all was at the table. Well, there were the Congressional delegations, or their representatives. There was the Senate President and the Speaker of the House. There were several county commissioners from the southern coalfields. Dennis Sparks was there from the Council of Churches. Kathy Mattea was there and treated us with a beautiful song. And the Governor, of course. Other State senators and delegates were seated around the room at smaller tables, along with the Governor’s staff from the Department of Environmental Protection and the Division of Energy. Ted Hapney from the UMWA, and Chris Hamilton and Jason Bostic from the WV Coal Association were also assigned to the cheap seats. But Bill Raney was at the big table, seated right next to me. Bill took lots of notes. The list of "coalfield residents, environmentalists and several academics" who spoke to all of those above included Bo Webb (who asked the Governor for this meeting), Vernon Haltom, Maria Gunnoe, Judy Bonds, Bob Kincaid, and Janet Keating. They were as eloquent and passionate as ever in their presentations and arguments against mountaintop removal coal mining. Dr. Ben Stout from Wheeling Jesuit University spoke about his studies of water contamination caused by the underground injection of coal sludge. Dr. Michael Hendryx from WVU spoke about his studies of the health impacts from coal mining to residents of the coalfields. And Rorie McIlmoil, now with Downstream Strategies in Morgantown, spoke about their recent studies that forecast a sharp decline in coal production for central Appalachian coal. When it was my turn, I mentioned WVEC’s support for all those fighting mountaintop removal mining. Then I said that I was disappointed that the Governor did not have a vision for a "post-coal" economy for West Virginia, and I touted our Citizens’ Energy Plan and our legislative agenda for renewable energy and energy efficiency. I left the meeting with a slight sense of hope that perhaps an ongoing dialogue had begun. But then came the next day. On Tuesday both the House and the Senate introduced a resolution at the Governor’s request opposing "the adoption of a national cap and trade program for carbon dioxide and greenhouse gas emissions that is unduly burdensome to the State of West Virginia." The resolution states, "That the Legislature of West Virginia is opposed to the adoption of a national cap and trade program for carbon dioxide and greenhouse gas emissions if it creates unnecessary volatility in the energy market, fails to address the energy and security needs of this country, threatens the jobs of hardworking men and women, raises energy costs to an unacceptable amount." The resolution goes on to say that the proposed national cap and trade program "would reduce West Virginia’s gross domestic product by an estimated $750 million by 2020 and by an estimated $1.75 billion by 2030; and . . . West Virginia would lose up to 10,000 jobs by 2020 and up to 22,000 jobs by 2030 if the proposed cap and trade program is enacted." The only remotely positive language in the resolution is a couple of sentences that urge Congress "to support measures that encourage investments in technology to address carbon dioxide and greenhouse gas emissions," which I guess is a backhanded admission that climate change is a real problem after all. It makes me wonder if the Governor has even looked at the proposed federal legislation that this resolution addresses. The last I read HR 2454, the American Clean Energy and Security Act of 2009, is so watered down with loopholes and handouts for the coal industry that most analysts believe its provisions are not nearly enough to save the planet from the effects of global warming. Well, no matter. Both the Senate and the House moved quickly this week and passed the resolution. Good grief. Winter is rearing its brutal head again, so please keep your bird feeders full. Manchin Promises Review of Coal Critics’ Complaints By Ken Ward Jr., Charleston Gazette Gov. Joe Manchin on Monday promised to review citizen complaints about lax enforcement of strip-mining regulations and urged the coal industry and its critics to discuss their differences without resorting to violence and intimidation. "What we’re looking for is trying to find a balance," Manchin said after a private meeting with coalfield residents, environmentalists and several academics who have studied coal’s negative impacts. "You would like to think there’s got to be some common ground." Manchin met with coal’s critics about two months after a similar private summit with West Virginia’s major coal executives and coalfield elected officials. "It’s just the right time to talk with each other, instead of talking at each other," said Raleigh County resident Bo Webb, an activist who organized the meeting. Webb, Manchin and other citizens — including well-known activists Judy Bonds and Maria Gunnoe — met for several hours, then appeared together at a news conference. Reps. Nick J. Rahall, D-W.Va., and Shelley Moore Capito, R-W.Va., both attended. Sen. Jay Rockefeller, D-W.Va., attended the coal executive meeting but did not show up for the meeting with coalfield residents. Sen. Robert C. Byrd, D-W.Va., sent staffers to both meetings. Citizens were not allowed to attend Manchin’s meeting with coal executives, but several coal lobbyists took part in Monday’s meeting with citizens. News media were prohibited from attending both sessions. United Mine Workers officials attended both sessions. Webb said the governor had agreed to review citizen concerns about enforcement by the state Department of Environmental Protection, and Manchin said he certainly knows environmental groups are not happy with the DEP. "There were a lot of questions concerning DEP and the frustrations we heard loud and clear," Manchin said. "We want to make sure enforcement is being done in an expedient and prudent manner." Webb said he and other citizens who are campaigning to stop mountaintop removal wanted to make it clear that they are "not opposed to coal." "We are adamantly opposed to mountaintop removal, steep-slope strip mining," Webb said. "We must not be so complacent that we allow the destruction of our mountains and the extermination of our communities." Manchin said later that his interpretation is that the citizens are opposed to mountaintop removal "as we know it," adding that he told the citizens, "I wasn’t at that conclusion, nor do I believe that." "We had a respectful agreement to disagree," Manchin said. Manchin started the news conference by responding to citizen concerns that coal industry workers have threatened and intimidated them, especially at a federal Corps of Engineers public hearing where all mining opponents were shouted down when they tried to testify. "We will not in any way, shape or form in this state of West Virginia tolerate any violence against anyone on any side," Manchin said. "If you’re going to have the dialogue, have respect for each other." Singer and West Virginia native Kathy Mattea, who attended Monday’s meeting, praised Manchin for taking a strong stand against violence and in favor of reasonable discussions about coal issues. "I want this conversation to take place in an atmosphere of safety," Mattea said. "I’ve watched some people hear each other in the last 24 hours, and that’s a beautiful thing. It gives me a lot of hope and it makes me very proud." Wednesday, February 24th, At the Capitol; 9 am till 2 pm - Lower Rotunda
5:30 pm - 8:30 pm
E-Day After Party
"We Are NOT For $ale" Cassette Tapes Discovered Flashback! Several WVEC "We Are NOT For $ale" cassette tapes recorded in the early 1990's as a project for WVEC have surfaced, thanks to long time WVEC board member (and pictured on the cover) Cindy Rank. These tapes feature Mike Morningstar, Colleen Anderson, Stewed Mulligan, David Morris, Kate Long, Barney and the Bedrockers, Larry Groce, Ron Sowell, Mountain Thyme, and Tom Rodd. The lyrics address the environmental issues of the day, including the "garbage wars", huge land fills, deforestation, mining and more. If you would like one of these treasures, send $10 (includes postage and handling) to: WVEC, 2206 Washington St. E., Charleston, WV 25311 They are also available in the office, E-Day, & events while they last. PSC Expands Outages Investigation The state Public Service Commission has agreed to expand its investigation of power outages involving more than 200,000 utility customers in December. The commission said Thursday it plans to include all electric utilities in the state as requested by its Consumer Advocate Division. Originally, the commission planned to investigate only Appalachian Power and Allegheny Energy, the state’s largest electric utilities. However, the commission says it’s not going to expand the investigation to telephone companies as requested. The commission also is adding a third public hearing on the outages. This one is set for March 18 in Iaeger. Two others are planned for March 11 in Clarksburg and March 16 in Mount Gay. Expanded Renewable Tax Credit Bill Coming Soon By John Christensen, WVEC Lobbyist Delegate Mike Manypenny (D-Taylor) is sponsoring another super bill that would expand on the solar tax credit bill passed last year. The new bill would cover additional renewable energy systems covered under the current tax credit, plus it increases the dollar amount of the credit by a thousand dollars. The systems included are active and passive solar, bio-mass energy, bio-mass systems, direct use geo-thermal, geo-thermal energy, and geo-thermal heat pump systems, hydro energy systems and wind energy systems. The systems must either generate electricity, heat or cool a structure, or provide hot water for a structure or solar process heat; furthermore the hot water system must derive at least fifty percent of its energy to heat or cool from a renewable energy source. The tax credit is equal to 25% of the cost to purchase and install the system up to a maximum of $3000. The credit can only be taken in five equal increments over a five consecutive year tax period; therefore, only one-fifth of the total credit allowed may be taken in one calendar year. This should help the fiscal note and make it easier to sell to other legislators. To say this bill has a diverse group of sponsors (11 total) is an understatement. One of the bill’s co-sponsors is none other than Del. Mike Ross (D-Randolph). Thanks again to Del. Manypenny for his unwavering support of the objectives contained in WVEC’s Citzens’ Energy Plan. "Friends of Coal" License Plate Bill Advances SB 206, the "Friends of Coal" license plate bill passed this week out of the Senate Tranportation and Infrastructure Committee, and now goes to Senate Finance Committee. The bill is sponsored by Senate President Tomblin (D-Logan), and senators Green (D-Raleigh), McCabe, (D-Kanawha), and Stollings (D-Boone). Since it will bring money into the state coffers - the ten dollar application fee goes into the State Road Fund (!) - it should have smooth sailing. Bill Would Limit Local Land Development Regulation By Leslee McCarty, WVEC Lobbyist It’s baack!! Senate Bill 181, sponsored by Senator Don Caruth (R-Mercer) undermines the ability of counties and municipalities to enact ordinances when extraction of natural resources is in play. This is the same bill the senator introduced last session. Senator Caruth told me last year that he considers this a "Coal Bill." But as many of us know, there are other minerals and gas being extracted all over the state and all of them would be included in this bad bill. The text of the bill is short, but not sweet: "§8A-4-6. Effect of adopted subdivision and land development ordinance. After enactment of a subdivision and land development ordinance by the governing body, all subsequent subdivisions and land development must be done in accordance with the provisions of the subdivision and land development ordinance: Provided, That nothing in this chapter authorizes an ordinance, rule or regulation preventing the complete use of natural resources by the owner outside of urban areas." If your county has a comprehensive plan, or is working on one, or even if you hope some day they will, tell your commissioners about this bill that would tie their hands. Also, please contact your senators and delegates and ask them to oppose this legislation. U.S. Rep. Shelley Moore Capito said this week she’s forming a congressional coal caucus with several colleagues in the House of Representatives. Democratic congressmen Nick Joe Rahall and Alan Mollohan announced they would also join the caucus. Capito says the caucus is aimed at "promoting awareness of coal and technology that may make it cleaner and safer, among other things." In the same vein, Congresswoman Capito and her husband recently flew at taxpayer expense to Copenhagen for the climate change summit. Her Washington staff said her tax-paid junket was "standing up for West Virginia coal." What’s Up With the Bottle Bill? By Linda Frame, WV Citizen Action Group We have worked really hard to promote a WV Bottle Bill over the past seven (is it really?) Legislative Sessions. Last year we were able to get the bill through a House Judiciary Subcommittee, meet with the governor, host wonderful experts and business representatives to tout the benefits of the legislation and work with statewide media to gain grassroots support. Unfortunately the bill has not won over important House or Senate leadership during our campaign. Governor Manchin has stated that he will not only support the concept but introduce his own bill. Reminders of this promise to the governor have gone unanswered and we can only assume that the business lobby has done its job and talked him out of supporting us. The bill will be re-introduced this year with amendments and improvements added from last year’s debates in subcommittee meetings. We will continue to work to gather support and need your calls to Governor Manchin to bring him back around. To Contact the Governor’s office: The Honorable Governor Joe Manchin We all have so many issues to care about and causes to support in one way or another. WV-CAG remains committed to this important piece of litter control legislation. A Bottle Bill is a win-win for all. It increases recycling, decreases litter and creates jobs! Hopefully Governor Manchin will remember his promises and we will have good news to report soon. Until then, thanks so much for caring about, making calls for, and supporting this issue!!! The contributions sent in thus far have really lifted our spirits and we so enjoy the words of encouragment so many of you include. So here we go again. Please please donate what you can afford. We know your hard earned dollars have many other places to go, especially these days. We appreciate any amount you can give at this time. Your 2010 Lobby Team
(NOTE: All agency rules bills have been introduced sporadically in both houses. WVEC is tracking those separately). |
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2206 Washington Street East - Charleston, WV 25311 (304) 414-0143 www.wvecouncil.org |