| WVEC Legislative UpdateFebruary 23, 2001  Bills ListHouse Bills 2008---This fun bill, the "We can afford to pay our lobbyists 
		bill" Sponsored by Delegate Boggs, offers that no state money should go to 
		groups that lobby. In Political Subdivision and Judiciary. 2017 ---The ATV Bill clarifies rules regarding where an ATV can be 
		driven as well as mandating helmets for children riding ATVs. Introduced by 
		Delegate Mary Pearl Compton, the bill is assigned to Road & Transport and then 
		Judiciary committee. 2058---This bill requires that Secretary of State forward to county 
		officials and election officials a summary of ballot counting procedures 
		specific to each county's voting systems. Sponsored by Delegate Kuhn, it begins 
		in the Judiciary and continues to the Finance committees.  2070---Sponsored by Delegate Louisos this bill requires that timber 
		operations remove all severed trees from site. It's tidy, but it'll hurt the 
		timbered area because it deprives the area of potential nutrients. It has been 
		sent to Judiciary. 2089---"The overweight coal truck bill" sponsored by Delegate Perdue. 
		Its goal is to crack down harder on coal truck weight limits. Delegate Perdue, a 
		long time fighter against the coal industry, brings experience and the desire to 
		get this bill passed. Feel it rumbling in the Transport and Judiciary. 2097---Proposed by Delegate Smirl, this bill seeks to prohibit civil 
		actions that seek medical monitoring costs. You'll find it in Judiciary 
		committee. 2205 ---By request of our governor, Speaker Kiss and Delegate Trump 
		are sponsoring this bill in order to permit playing of video lottery games in 
		restricted adult-access-only facilities. The "gray machines" allowed could end 
		up numbering about 9,000. Play it in Judiciary and Finance. 2361---Speaker Kiss is sponsoring this bill with the purpose of 
		imposing a special excise tax on smokeless tobacco. Its proceeds would benefit 
		the programs that target reduction and cessation of tobacco by minors. It'll be 
		with the Health & Human Resource and Finance committees. 2366---Delegate Virginia Mahan introduced this bill to remove the 
		Freedom of Information Act exemption for the WV Development Office. Find it in 
		Government Organization and Finance. 2382---Introduced by Delegate Fleischauer, this bill is to add sexual 
		orientation to categories covered the Human Rights Act, & Fair Housing Act 
		prohibiting acts of discrimination within the work place or places of public 
		accommodations. Dubbed the "Hate Crimes Bill", it will be in Judiciary.   Senate Bills SB12---Senator Deem sponsors this amendment to the Solid Waste Act 
		allowing residents to exclude "yard waste" from solid waste and lets residents 
		pile up yard waste. Smell it in Natural Resources. SB26---This stream-based bill, by Senator Ross, allows landowners to 
		enter small streams and ditches to prevent flooding on their property. "The 
		Flood thy Neighbor Bill" will be oozing along Judiciary. SB51---Proposed by Senator Facemyer, this bill is to check the 
		ever-increasing volume of administrative rules by giving some flexibility for 
		state agencies and private businesses to make decisions without involving the 
		government. This law-circumventing bill can be found in Judiciary. SB110---Senator Mitchell proposes to set up a regulatory scheme in 
		which to monitor waterways, lakes, and watercourses with this bill. It also 
		contains civil enforcement and a criminal provision for those who intentionally 
		damage waterways. The "Water Act" is floating in Natural Resources. SB184---Presented by Senator Snyder, this bill requires that the 
		Secretary of the State Department of Health and Human Resources propose rules 
		for the regulation of private water wells. See it in Natural Resource and 
		Finance. SB187---Senator Craigo's bill requires log haulers to cover their logs 
		with a tarpaulin. If it costs timber money it's a good bill. The bill can be 
		found under covers in Transportation. Water Wars:
 West Virginians Deserve Strong Antideg Policyby Nathan Fetty and Donald S. Garvin, Jr. Our regular readers know there's a water war brewing in the legislature this 
		year. An industry Dirty Water Coalition has succeeded in substituting its own 
		Dirty Water version of an antidegradation implementation rule in place of the 
		version put forward by the WV Environmental Quality Board. It is not clear at this time how antideg will be treated by the politicians 
		here in Charleston. There is some early indication that the politicians don't 
		want an all-out war on this and are hoping to see some type of compromise 
		legislation brought forth. And it seems increasingly likely that the WV Division 
		of Environmental Protection will play a major role in drafting any compromise 
		rule that is offered. Of course, WVEC supports the strongest antideg policy possible, simply 
		because we like clean water. In addition, if West Virginia adopts an 
		antidegradation policy that fails to meet or exceed Clean Water Act (CWA) 
		requirements, federal funding for state water programs will be dramatically 
		reduced, and, in the worst case scenario, the federal Environmental Protection 
		Agency (EPA) might decide to promulgate its own rule for the state, which would 
		not necessarily provide protection measures as strong as the citizens of West 
		Virginia would like. In order to meet minimum federal requirements, we feel WV's antideg policy 
		must meet the following standards: 1. Current Tier structures should be retained and better definitions of high 
		quality streams must be provided (no elimination of Tier 2.5 and no Tier 1 
		default). There should be an open public nomination process for Tier 2.5 and 
		Tier 3 waters. 2. Streams should be listed as impaired (303d list) on a parameter by 
		parameter basis. 3. Any water pollution trading must be on a watershed basis, must be 
		enforceable, and must result in a significant improvement of water quality. 4. No exemptions for Nationwide Permits 21 and 26 (mountaintop removal 
		mines). 5. Cumulative impacts of any allowable degradation must be considered and 
		limited. 6. Existing permits should be subject to some type of antideg review. 7. Adequate public notice and comment must be an integral part of the antideg 
		review process. It's time to contact Governor Wise and the new DEP Director Mike Callaghan 
		and let them know that we expect them to support a strong antideg implementation 
		plan, one that contains all of the elements mentioned above (details on 
		contacting them can be found on Page 5). For more information, see the Antideg Primer. "Whatever we do to a landscape can ultimately be seen in the river into 
		which that landscape drains  and we have done terrible things to many 
		landscapes. To achieve the goals of the Clean Water Act, we must stop using our 
		rivers and landscapes as though they were disposable. It takes more care and 
		money, in the short run, to manage nature well than it does to abuse it, but the 
		dividends are great." -President Jimmy Carter   CWA Antidegradation PrimerCongress passed the federal Clean Water Act (CWA) in 1972. The purpose of the 
		act is to "restore and maintain the chemical, physical, and biological integrity 
		of the Nation's waters." The goal of the act is to insure that all the nation's 
		rivers and streams eventually are "fishable and swimmable." Anti-degradation (antideg) 
		requirements actually pre-date the CWA  they were first adopted as policy in 
		federal regulations in 1968. The Clean Water Act requires states to establish water quality standards that 
		define the goals and limits for all state waters. In establishing water quality 
		standards, states must take three major interrelated actions. ---They must designate uses - human and ecological water uses that are 
		officially recognized and protected. States must designate one or more uses for 
		each water body. ---They must establish water quality criteria - descriptions of the 
		conditions considered necessary to protect each designated use. ---They must develop and implement antidegradation policies and procedures  
		requirements for protecting all existing uses, keeping clean waters clean, and 
		giving strict protection to "outstanding" waters. Federal law establishes a three-tiered approach to implementing antideg water 
		quality protection: ---Tier I  Protect Existing Uses - permit no activity that would eliminate 
		or interfere with an existing use. This is the absolute floor, the lowest level 
		of water quality protection. ---Tier II  Maintain "High Quality" Waters - avoid, or at least hold to a 
		minimum the lowering of quality on waters that currently meet or exceed water 
		quality standards. ---Tier III  Protect "Outstanding" Waters  give strict protection to the 
		most ecologically significant and sensitive, the cleanest, and the most 
		recreationally important waters (such as waters of National and State parks and 
		wildlife refuges). ---West Virginia and some other states have created another level of 
		protection, Tier 2.5, to give additional protections to some "high quality" 
		waters, such as waters in our National Forests and reproducing trout streams. Antideg is only a review of polluting activity before that activity is 
		permitted, but an important one that's supposed to make sure the economic and 
		social benefits of the discharge outweigh the damage to the environment. The antideg section of the federal CWA insures, at a minimum, that our clean 
		waters stay clean unless there are important social and economic development 
		issues that require limited degradation. The CWA requires that states develop 
		and implement an antideg policy that meets or exceeds federal law. West Virginia 
		does have an antideg policy but has never enacted an implementation plan for 
		that policy, despite the fact that it has been required for almost 30 years.   Give 'Til It Hurtsby Don Garvin, WVEC President Once again I am shamelessly begging you to support the Lobby Team with your 
		financial contributions. If you have not renewed your WVEC membership this year, 
		please do so as soon as you finishing reading this Update. If you have renewed 
		and can afford to send us an additional contribution, your generosity will be 
		greatly appreciated. And don't forget that you can also help by purchasing raffle tickets for the 
		Mark Blumenstein sculpture, "Sunrise Broaching." You can purchase tickets at 
		Taylor Books, at the WVEC/WVCAG office, or from WVEC board members. You can also 
		purchase a ticket by mail: just send $5 per ticket to: WVEC Raffle, 1324 
		Virginia St. E., Charleston, WV 25301, and we'll send your stub(s) by return 
		mail. Also, please help us by selling tickets to your friends and enemies. Just 
		call 346-5905 and we'll get additional tickets out to you right away. A picture of the sculpture is at 
	
		www.wvecouncil.org. THANKS!!
 
 Lobby Your Legislators!!
The WVEC lobby team would love to have your help! If there is a day that you 
		can come to Charleston and lobby your legislators, let us know. Just call the 
		WVEC office at 346-5905 at least the day before, and we'll get you in touch with 
		a lobby team member. Remember, it's YOUR letters, visits and phone calls that tell our elected 
		officials what matters!!   Is Environmentalism A Balancing Act?by Frank Young, President, WV Highlands Conservancy So often we hear politicians, and especially industry representatives, talk 
		about "balancing" environmental concerns with economic development. Many even 
		call for a "more balanced" approach. The implication to this "more balanced" jargon is almost always that 
		environmental laws and regulations are so strict and so strictly enforced that 
		economic development is stifled. I suggest that this is a misguided and 
		shortsighted view. If there is an imbalance, it is that politicians and economic 
		developers almost always treat environmental protection as a secondary 
		consideration- as the rhetorical "stepchild." Through either weak laws or lax enforcement (or both), industry achieves its 
		goal of externalizing environmental costs away from the products produced and 
		onto the larger society, as a subsidy. The "balancing" language, then, is a 
		smoke screen; code words for "short term profits over long term sustainability." This may serve some corporations' short term economic goals. But study after 
		study indicate that communities that practice ecological wisdom and 
		sustainability are, in the long run, economically stronger and more viable 
		socially than communities that let rogue industrialists rip, pillage and pollute 
		the landscape, the air and the waters. As then interim West Virginia Division of Environmental Protection Director 
		Randy Huffman said a few weeks ago, "Economic development and environmental 
		protection can and must coexist. Contrary to popular belief, these issues are 
		not at odds with each other." Mr. Huffman is quite right. This is not a balance where gain by one must be 
		offset by the other's loss. Economic development and environmentalism are not 
		mutually exclusive. They can go together, and do in many countries, states and 
		local communities. The progress of one can benefit the other. Pollution should not be viewed as 
		a necessary evil, but as a problem that still needs a resolution. Pollution and 
		waste cost industry, consumers and taxpayers money. This is common ground upon 
		which we should develop solutions. West Virginia legislators and administrators should quit looking only to the 
		next campaign contribution or the next election. The current generation of West 
		Virginians curses previous generations for letting shortsighted profiteers 
		destroy and damage so much of our life support system. But unless we quit 
		trading our natural, life-sustaining assets for thirty more pieces of fool's 
		silver, our progeny will just as surely hold us in contempt of human decency for 
		our greed.   The Filthy Water Drainby Norm Steenstra, Executive Director, WV-CAG Many times the WVEC has sat down with industry reps to seek common ground on 
		issues. Electric dereg, air quality rules, Brownfields, quarries, groundwater, 
		coal bonding and blasting are some that come to mind. Once again we are being 
		asked in the heat of the battle to sit down and talk, this time about filthy 
		water. Legislators like this process because they take less heat on agreed bills 
		and find comfort in the fact that if nobody's happy then the bill must be OK. 
		Most legislators don't care if the bill is a clean or a dirty water bill, they 
		just want a water bill passed. Talking to the polluter community is a double-edged sword. The positive side 
		is that we have a chance to make our points and also to understand how they 
		affect industry. When government asks that we begin negotiations we really can't 
		refuse. To do so underscores the stereo type of the unrealistic and unrelenting 
		tree huggers. We cannot compete with the legal and "scientific" resources that 
		the polluters bring to the talk-a-thons. There are over 50 registered lobbyists 
		working to pass filthy water. There are about 6 of us working the other side. To 
		tie up 2 or 3 of us in the negotiations really dilutes our efforts, not just on 
		water but all our other issues, too. We have to talk. We have to see if we can change a filthy water bill into a 
	"pretty clean" water bill. While your lobby team is being diluted you must talk 
		for them. Talk to every body about clean water. Certainly talk to your 
		legislators and the Governor's office but also do everything to get other people 
		thinking about clean water. There is a spill over effect. Over the last 12 
		years, the WVEC has brought controversy to the legislature. The average lawmaker 
		wants to avoid the PR battle and negative press . He or she does not want to 
		repeat the uproar of mountaintop removal, garbage, dirty secrets, etc., etc. Lawmakers are resenting Industry for introducing the dirty water bill. Help 
		us increase that resentment. Communicate to Governor Wise, your newspapers and 
		the legislators on just how important clean water is to you. Sometimes you can 
		go to the well too often but this is not one of those times. Talk and write 
		clean water. We can win this one for the Groupers.   Policy 101-Don't Look, Don't Askby Rick Eades, OVEC As the legislature begins, consider these possible blindspots, that you might 
		be able to drive a coal train through. Don't look now, but no one seems to be 
		asking how West Virginia can achieve economic development given the following 
		water-related issues: 1. Coal slurry impoundments? Nothing to address inadequate siting or 
		permitting laws of potential monsters. Case-in-point: the 645-acre, (planned) 
		920-foot high dam, Brushy Fork slurry "pond" is slated to hold 5 billion gallons 
		of coal process slurry. This site looms over the entire Coal River basin, St. 
		Albans, and downstream development interests. Oh, it should be closed in about 
		22 years. 2. Pass the buck? A DEP slurry task force has stopped inspecting mines 
		beneath the ponds, claiming (Mine Safety and Health Administration) MSHA is 
		doing it. Initial task force findings are due about April. MSHA saw no 
	"earth-shattering" problems in its recent review. It also didn't see a problem 
		at the Kentucky site that spilled 250 million gallons of slurry. That's 
		equivalent to 40,000 tanker truck spills. Imagine that or worse coming down the 
		Coal River into St. Albans. How comfortable is the legislature with reassurances 
		from these agencies? 3. New economic development? That might be less attractive along rivers where 
		slurry ponds pock the land like a latent disease. Would you locate a new 
		industrial or commercial facility downstream of these "ponds" if your process 
		had to rely on constant sources of usable water? Ask AEP or the Marathon-Ashland 
		refinery how happy they were to be downstream of the Kentucky disaster. 4. Economic development? Businesses and municipalities downstream of the 
		Marmet Locks on the Kanawha River could face a new risk, too. Dredging for "coal 
		fines" is underway, and will exhume 2 million cubic yards of river sediment from 
		behind the locks and dam. Conditions there are somewhat similar to an industrial 
		waste settling pond (see DuPont directly upstream). Look out water intakes, 
		boaters, Regatta interests all the way to Point Pleasant. Oh yeah, permitting 
		agencies did not require a single sample for toxic chemical analysis in the 
		entire material to be dredged. 5. Life in our rivers is dying! The USGS report on the New/Kanawha River 
		basin contains data showing serious sulfate problems (from mining) and a marked 
		decline in invertebrate life (stream critters) in mined areas. Is this 
		compelling data going to be ignored - just when an industry coalition wants to 
		muddy the Clean Water Act anti-degradation rules? 6. Vision? I've not heard of a single new dollar budgeted to enhance water 
		protection and economic development in the water-rich limestone areas of eastern 
		WV, not in Geologic Survey or Development Office or research or educational 
		appropriations. Cities at risk, water protection and production languishing, economic 
		development faced with water management disincentives, dredging up unknown 
		demons from the past, all lurk in the blindspots of the legislature. I hope they 
		don't get buried under PROMISEs, based on re-circulating poor people's money 
		within the state. Those well intentioned among the West Virginia legislature may 
		think "if we re-build it" but without clean water nobody will come.   Environmental Sustainability Index (ESI)A collaboration among the World Economic Forum's Global Leaders for Tomorrow 
		Environment Task Force, The Yale Center for Environmental Law and Policy, and 
		the Columbia University Center for International Earth Science Information 
		Network (CIESIN), the Environmental Sustainability Index (ESI) "is a measure of 
		overall progress towards environmental sustainability, developed for 122 
		countries." The ESI is based on 22 core "indicators," each of which combines two 
		to six variables for a total of 67 underlying variables. The idea is to create 
		cross-national comparisons of environmental progress as part of an effort to 
		foster a more analytically driven approach to environmental decision-making. The 
		top-ranked nations were Finland, Norway, and Canada, with the US coming in at 
		number eleven. View the rankings and download the full text of the 225-page 
		report and a Powerpoint Presentation at 
	
		www.ciesin.org/indicators/ESI/pilot_esi.html. A spreadsheet of the ESI 
		is promised for the near future.
   Enviro Public Library GuideVisit 
		www.lff.org/services/envgui.html for profiles of communities and 
		libraries cooperating to offer public access to environmental information. The 
		full text of the 1997 edition is available on line and is published by Libraries 
		for the Future to provide resources for environmental and public library 
		advocates.
     Contact InformationGovernor Wise: governor@wvgov.org Legislators: 
		cglagola@mail.wvnet.edu (put Senator or Delegate's name in subject line) or write to:  The Honorable _____________ Member, WV Senate or House of Delegates Bldg. 1, State Capitol Complex Charleston, WV 25305 You can fax letters to (304) 347-4819   DEP Director Callaghan: 
		mcallaghan@mail.dep.state.wv.us or call 304-759-0570   Call Your Legislators toll-free at: 1-877-565-3447 Call Governor Wise toll-free at: 1-888-438-2731/558-2000 (Charleston) And you can go on-line to 
		www.legis.state.wv.us for bill tracking, committee announcements, public 
		hearing announcements, floor calendars and daily and weekly floor actions.   Nominate a Special PlaceGovernor Wise, in his "State of the State" speech declared, "We will move 
		proactively to protect the places West Virginians hold dear. We do not want our 
		natural treasures, like the Blackwater Canyon, to slip out of our hands. To 
		identify and catalog West Virginia's most treasured places, I am asking our 
		citizens to tell me where these places are." If there is a piece of public land you hold dear go to 
	
		www.state.wv.us/governor/form.htm and nominate it for protection.
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		your name, address, phone.   WRITE LETTERS TO THE EDITOR! for addresses of all WV newspapers: www.wvmediaguide.com   |