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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. February 19, 2010
By Donald S. Garvin, Jr. Week 6 – Those Nasty Little Bills Every year the West Virginia Environmental Council optimistically adopts a set of proactive legislative priorities for the lobby team to work on during the Legislature’s upcoming regular session. Unfortunately, the lobby team does not work in a vacuum, and every year we are sometimes forced to put our agenda on hold and play defense because of nasty little bills that inevitably crop up. This year has been particularly bad in that regard. Here are just a few examples. Monday evening we got word that House Judiciary Committee was going to run HB 4277 at 9:00 AM the following morning. This should not have caught me by surprise – but, unfortunately, it did. The bill removes protective language contained in Article 11 of the West Virginia Water Pollution Control Act, section §22-11-8, that requires that National Pollutant Discharge Elimination System permits be issued and signed by the Chief of the Department of Environmental Protection’s Office of Water and Waste Management. Instead, HB 4277 authorizes the Secretary of the DEP to issue and sign NPDES water pollution control permits. This change clearly violates the intent of language in the federal Clean Water Act that requires that NPDES permits be issued and signed by the head of the "expert agency" in charge of a state’s water pollution control program. In West Virginia that "expert agency" is the Office of Water and Waste Management. This requirement in the Clean Water Act was intended to remove politics from the process of issuing NPDES permits, and instead keep decisions about those permits in the hands of the scientists and permit writers charged with protecting waters of the state. The Secretary of the DEP is a political appointee and not an expert in water quality protection. In the past we have been able to thwart progress on this bill. Not this year. We lost the vote 11 to 6. The bill is on third reading today in the House. I expect it will pass the House and then sail through the Senate. Check one off for the bad guys. Then there is SB 181, sponsored by Senator Don Caruth (R-Mercer) that would limit 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. There is also a companion bill in the House, HB 4505. WVEC lobbyists did a blitz on this bill with legislators and the press. And it appears now that the bill will not be taken up by the originating committee in either chamber. Check one off for the good guys. Now consider SB 518 that would create the "Governor’s Commission to Seize Future of Energy for America." The purpose of the bill states, "The creation of the commission allows West Virginia to work with the President and his administration to develop a strategy for developing such technologies which maximizes the federal and state dollars and incentives devoted to the research, development and commercialization of the technologies necessary to make the transition to economically and environmentally viable energy." But the provisions of the bill don’t look to the future at all. The bill starts from the premise that coal and natural gas are "a vital resource for the United States." And almost all of the members of the commission would come from those industries. In the introduced version of the bill, renewable energy isn’t even given a seat at the table. Senate Energy, Industry and Mining Committee passed SB 518 this week with a committee substitute that improves the bill only superficially. Next stop is Senate Finance. There are many, many other nasty little bills this year. It’s difficult and time consuming just keeping track of them all. But we are doing our best. Winter is starting to feel increasingly long this year, so I hope you are not running out of birdseed. Don’t forget to fill your feeders. "Green Buildings Act" Gutted in House Committee By John Christensen, WVEC Lobbyist HB 4008, the Green Buildings Act that WVEC has been working on in one form or another for the last three years, was finally taken up and approved by the House Committee on Government Organization Thursday, but not before the committee adopted an amendment gutting the requirements in the bill. The committee’s own strike and insert amendment would have required that new state buildings be built to the LEED silver certification or equivalent "Green Globes Initiative" building rating standard. However, Del. Sam Cann (D-Harrison) offered an amendment to the committee amendment that changed just one word – the word "shall" – to "should". Cann’s amendment made the provisions of the bill voluntary instead of mandatory. Cann’s amendment was accepted by a show-of-hands vote of 12 to 9. The committee then passed the amended version of the bill, and sent it off to House Finance Committee for its consideration. The vote to gut the bill was particularly disheartening because this was an "agreed upon" bill. WVEC had worked for the last two years with other stakeholders to come up with a bill that was acceptable to all. The WV Forestry Association was on board. The WV Manufacturer’s Association was on board, as were the architects and the state Department of Administration. And in order to get the other players on board WVEC had already agreed to compromises that we otherwise would never have made. In fact, the committee bill contained three paragraphs of exemptions that were necessary to make the compromise work. Committee chairman Jim Morgan (D-Cabell) deserves a lot of credit for attempting to push this bill forward. He met with the stakeholders to make sure everyone agreed to the committee amendment before putting it on the meeting agenda, and he stood by the committee bill to the bitter end. But chairing the meeting was like herding cats when the bill came up for discussion and amendment. It should have taken the committee about 15 minutes to pass this bill – instead, the debate lasted more than an hour. There was one positive element to the debate - Sarah Halstead Boland joined us in supporting the bill. Sarah is working with the US Green Buildings Council and did a fantastic (and professional) job of responding to questions from committee members. The bottom line is that "green" buildings save taxpayer dollars, support local economies, and help reduce energy consumption. By adopting this Act, West Virginia state government would be leading by example by operating our buildings more efficiently, using less water and electricity to operate, by using safer materials, natural daylight, improved air quality which in turn would improve worker performance and reduce absenteeism. Let’s hope the Finance Committee passes this bill to the floor in its original "mandatory" condition. Marcellus Shale Bill Introduced in House Finally we have a bill that addresses Marcellus Shale water issues. The bill number is HB 4513, and it is important that you contact your legislators now asking them to support this bill. The main sponsor of the bill is Delegate Tim Manchin. It was drafted with input from both the WV Environmental Council and representatives from the Oil & Gas industry. It’s a good start at regulating withdrawl of water for drilling and fracturing these Marcellus shale wells. The bill also contains regulations requiring identification of the contents of frac fluids – and sets up a system for tracking the disposal of those fluids. Please contact members of the House Judiciary Committee - including Chairman Tim Miley, expressing your support for this bill. House Judiciary Members: Tim Miley, Chair (D-Harrison) (304) 340-3252 tim.miley@wvhouse.gov Mayflies Are Coming To Take Our Guns! By Leslee McCarty, WVEC Lobbyist Forgive me if I confuse the West Virginia Coal Association with the National Rifle Association, but it must be the heightened sense of urgency (or is it fear mongering?) that they both bring to any situation. Monday’s meeting of the House Committee on Coal Mining Permits brought the Coal Association’s lobbyists in to request that the Legislature pass a resolution "clarifying" the State’s Clean Water statutes so that the EPA will get the message that it is OK with them to permit 20 mines that are being reviewed. Jason Bostic, Vice President of the Coal Association, complained that the only thing the EPA was concerned about on these permits was that a type of mayfly was being disturbed. (And it’s not even on the endangered species list!) Unfortunately, no citizens from the coalfields were invited to be there to talk about what happens when a mine is permitted: valley fills, sludge ponds, truck traffic, blasting damage, water pollution, big impoundments, permit violations, etc. Nope, the committee just heard about that pesky mayfly. They also heard about how many jobs would be lost, "About 1,300 employees could be subject to some kind of action if these permits are not issued," Bill Raney, chief lobbyist for the Coal Association, said. Of course what the industry tells stockholders is different. If you want to invest, the message is "Come on in, we will deep mine that coal if we need to." The West Virginia Division of Environmental Protection got high marks from the coal industry. Apparently they, along with the Army Corps of Engineers, understand the Clean Water Act. Not so the EPA. Jason Bostic called EPA’s actions an "intent to rob the state of its sovereignty." "You have the federal Environmental Protection Agency trying to take, I think, the role of the Department of Environmental Protection and this Legislature, in interpreting your water quality standards," Bostic said. Luckily, committee Chair Roy Givens (D-Brooke) was not ready to recommend a resolution, saying he would like to hear from the EPA and Corps of Engineers. We will stay on top of this Committee’s agenda. You know, eternal vigilance and all that. Darn socialist mayflies, anyway. Darn socialist clean water lovers. Nuclear Power Plant in West Virginia's Future? SB 85 Repeals Ban on Nuclear Power Plants By Denise Poole, WVEC Program Coordinator SB 85, repealing the article banning construction of nuclear power plants in West Virginia has surfaced for the second year in a row, compliments of Senator Brooks McCabe (D-Kanawha) the only sponsor of the bill - with a little help from his friends, AEP and Dominion Gas. The bill was taken up and passed out of Senate Energy, Industry and Mining (EIM) Wednesday, and now goes to Senate Judiciary. Chairman Mike Green (D-Raleigh) allowed time for comments, and I was the only one speaking against repealing the ban. Dave Langford, Manager of External Affairs for AEP, Bob Orndorff , with Dominion Gas and Senator McCabe all spoke in "double-speak" language to justify lifting the ban. "We have no intention to build, however long term planning must be looked at." stated Langford. Senator McCabe repeatedly asked them to trust SB 85 was only a matter of "clearing this ban off the books." "It is a 20 year process to build ... the new generation of technology and research may perhaps have a future for nuclear. We at least ought to say we have no artificial walls or boundaries around the state." "The nuclear ban doesn't send the right message to other states or companies wanting to build transmission lines such as TRail and PATH." McCabe continued. Dominion Gas representative Bob Orndorff stated, "Utilities should be allowed to use any energy mix necessary for the future of the country." Senator Deem (R-Wood) addressed the committee and proponents of lifting the ban saying, "lots of people are violently opposed to nuclear power, including my wife." Senator Evan Jenkins (D-Cabell) asked, "Why, if, as I have been told, 'don't worry about it - we aren't going to build, we just want to get it off the books' are you so in need of lifting the ban if there are no plans underway to build a plant?" This direct question was again evaded, as was the suggestion it be placed with the Governor's Commission on Shaping the Future of Energy for the U.S. in SB 518, ironically next on the agenda. Despite sound questioning especially by Sen. Jenkins, and opposition to the bill by Sen.Deem, it passed easily out of the committee on a voice vote, with only Deem asking his "no" vote be on record. Please contact Sen. Judiciary Chairman Senator Jeffrey Kessler (D-Marshall) and ask that he not take up SB 85. Contact Sen. Judiciary members and ask them to vote against SB 85 should it come before them. Senate Judiciary Committee: Sen. Jeffrey Kessler, Chair (D-Marshall)
Sen. Michael Oliverio, Vice-Chair (D-Monongalia)
Sen. Richard Browning (D-Wyoming)
Sen. Truman Chafin (D-Mingo)
Sen. Dan Foster (D-Kanawha)
Sen. Evan Jenkins (D-Cabell) Sen. William Laird (D-Fayette)
Sen. Joseph Minard (D-Harrison)
Sen. Corey Palumbo (D-Kanawha) Sen. Herb Snyder (D-Jefferson)
Sen. Ron Stollings (D-Boone)
Sen. Bob Williams (D-Taylor)
Sen. Jack Yost (D-Brooke) Sen. Clark Barnes (R-Randolph)
Sen. Don Caruth (R-Mercer) Sen. Frank Deem (R-Wood) Sen. Mike Hall (R-Putnam) Click Here for detailed info about E-Day at the Capitol
(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 |