| WVEC Legislative UpdateApril 13, 2001   Good Friday the 13th - The SessionGary Zuckett, WVEC Lobby coordinator gzuckett@wvwise.org   This was an unlucky day for Wind Power Tax Giveaways. HB2968, a bill
		to decrease property tax on the Tucker Co. Wind Power Project by 95%, was killed
		on the Senate floor through the efforts of Sen. Jon Hunter (D-Monongalia) who
		represents Tucker County. Senator Minear (R-Tucker), who also represents the
		district, was a sponsor of this bill to give away over $400,000/yr in county tax
		revenue needed for schools and other essential services. We hope voters in their
		district will remember this come election time...   Carrying Water to the House - Both Water Anti-Degradation bills (HB
		2663 & 3240) have passed the Senate and are about to be reported to the
		House. They have to decide if they will agree with the Senate's amendments. If
		they "refuse" the Senate version, the bills will go to conference
		committee for more work (i.e. less protection). Message for House members is
	"no weakening amendments, we want stronger water protection in both
			bills." See press release at end of this message   Delegate Mary Pearl Compton, D-Monroe, gave an impassioned speech on
		the House floor today on the need for a strong Anti-Deg Bill to protect our
		water resources. Delegate Don Purdue, D-Wayne, spoke yesterday on the
		House floor about the slurry spill that has polluted the Big Sandy River in his
		district. He questioned the safety of his constituent's drinking water and the
		lasting effects of the millions of gallons of coal slurry released. Both of
			these Delegates should be thanked for their outspoken support of clean
			environment issues.   Timber Study Resolution Moves to House  SCR 55, the proposal to
		study sediment and other logging regulations, is now in House Rules Committee.
		This is the "holding pen" for bills reported from the Senate. This
	"committee" meets immediately prior to floor sessions and has the
		power to kill a bill (or resolution) by not letting it out to the floor for a
		vote. The Message is to report the resolution to the floor. Committee
		members include: Chairman Robert S. Kiss, Committee Members Jon Amores, Vicki V.
		Douglas, Larry V. Faircloth, Roy E. Givens, Steve Harrison, Jerry L. Mezzatesta,
		Harold K. Michael, John Pino, Rick Staton, Charles S. Trump, IV, and Scott G.
		Varner.   Public Financing Resolution Stuck in Rules  SCR 48, an interim study
		of the feasibility of enacting "Clean Money" public financing for WV
		elections is held up in House Rules (see above). If you want the legislature to
		take a good look at the system of clean elections Maine and Arizona are already
		using, ask Rules Committee to report SCR48 to the House floor.   Coal Economic Development Loopholes Plugged  The public hearing we
		asked for on SB603 (which allows state and local economic development
		authorities to claim mountain top removal sites for future development without
		requiring them to be reclaimed back to AOC (approximate original contour)) was a
		success. Reps from the E-council, UMWA, OVEC, and Citizen Action presented a
		compelling outline of the many pitfalls of the original bill. Directors of local
		Development offices seemed to be testifying they needed to be able to
	"inventory" these unreclaimed sites in case a future site was needed
		for business. The next day, House Judiciary passed several amendments to
	"mitigate" many of the problems we illuminated. The bill is now on
		second reading in the House today.   Coal Bond Increase Wavering in House  SB375, a bill to allow the
		Director of DEP to increase the $5,000/acre limit on coal reclamation bonds is
		being fought by Big Coal. After being reported from the Senate, the bill has
		languished in House Rules Committee. The message for Speaker Kiss and other
		members of Rules is to pass out SB375 to the floor for a vote.     Press Release on Anti-DegApril 13, 2001 Charleston, W.Va. - Environmental groups held a press conference this
		afternoon at the State Capitol to express their disappointment and concerns with
		a controversial water quality bill slated to pass the state legislature. Representatives of the West Virginia Rivers Coalition (WVRC), West Virginia
		Environmental Council (WVEC) and West Virginia Citizen Action Group (CAG) noted
		that the anti-degradation implementation plan that's been hotly debated in the
		statehouse is a loss for West Virginia's outstanding rivers and streams, and a
		loss for all citizens who depend on them to be clean. "From the outset, the process has been one that's been dominated by
		special polluting interests, not the public interest," said Jeremy P.
		Muller, Executive Director of WVRC. "Unfortunately, the legislature caved
		in again and again when it had a chance to do right. This policy is supposed to
		protect West Virginia's clean water, but it doesn't." "The public interest and the environment are left out of the deal,"
		said Don Garvin, president of WVEC. "The legislature and DEP have catered
		to industry such that the policy is a couple of dozen pages of exemptions and
		exclusions. It does little to provide further protections for our state's most
		pristine streams and rivers." Anti-degradation is a complicated but important provision that all states
		must adopt to be in compliance with the federal Clean Water Act, which was
		passed in 1972. Its purpose is to keep clean rivers and streams clean through a
		review of polluting activities that makes sure pollution is offset by social or
		economic benefits, and that polluters use the best pollution control technology.
		It is simply a review, and isn't intended to halt permitting or impede
		responsible economic development. In response to a Notice of Intent to sue that West Virginia Rivers Coalition
		filed against the United States Environmental Protection Agency (EPA), the EPA
		directed West Virginia to write an anti-degradation implementation policy or
		risk federal intervention in the state's water program. Instead of following
		through on the lawsuit, the environmental community entered into 18 months of
		good-faith negotiations to develop a policy with a stakeholder committee
		established by the state Environmental Quality Board (EQB). Environmentalists
		participated in another three weeks of stakeholder negotiations in the
		legislature led by House Judiciary Chairman Jon Amores. "Unfortunately, we've learned not to be good guys and play ball with
		industry," said Muller. "We'd be far better off - and so would the
		rivers - if we had sued from the beginning. Instead, we tried to work out a
		compromise, but what we got was an industry-biased document. We've learned from
		this." In the legislative interim meetings just before the start of the regular
		session, the Joint Legislative Rulemaking Review Committee, Chaired by Senator
		Mike Ross (D- Randolph), threw out the policy written by EQB, and instead
		adopted an industry proposal written by a coalition of polluting industries. The
		environmental community quickly dubbed this the Dirty Water Bill, as it stooped
		to the lowest possible levels of water protections, almost ensuring that West
		Virginia's rivers and streams would become increasingly polluted. Delegate Amores convened another set of stakeholders around a
	"compromise" rule drafted by the state Division of Environmental
		Protection (DEP). While the DEP proposal was weaker than the rule drafted by EQB,
		the environmental community appreciated Amores' efforts to put something before
		the legislature besides the Dirty Water Bill. Unfortunately, the DEP proposal was weakened even more this week to
		accommodate polluters, even though the environmental community submitted
		extensive written comments as to how and why the bill should be made stronger.
		Environmental advocates were impressed with Gov. Bob Wise's public comments that
		the state must protect pristine trout streams and keep the DEP proposal from
		being weakened. But in the eleventh hour, as the bill was before the Senate Judiciary
		Committee, the DEP negotiated downward with industry, not upward to protect the
		environment and the public's waterways. Mistakenly, the product was heralded as
		a compromise agreed to by all interested parties. Environmentalists were not
		part of these late night negotiations. "The Dirty Water Coalition was too strong for the Governor to
		counteract," noted Norm Steenstra, Executive Director of CAG. "Indeed,
		there was just one vote in the House of Delegates that the Governor needed to
		pass a good water bill. That vote was Speaker Bob Kiss, and once again Kiss
		sided with the people that brought him to the dance." "We want to make it clear that we were not part of this
		'compromise,'" Muller said. "Industry told the legislature what they
		wanted and the legislature told DEP to give it to industry, so they negotiated
		with industry to make the policy weaker." Among environmentalists' concerns with the bill is that existing facilities
		are grand-fathered (excused) altogether from the policy. Many other types of
		activities are exempt from the policy, such as valley fills from mountaintop
		removal operations, and forestry and agriculture operations. This is unfriendly
		to future economic development, since new and cleaner businesses that want to
		operate in West Virginia won't be held to the same standards as older, outdated
		operations. EPA must approve or disapprove the DEP policy once the West Virginia
		Legislature passes it.   Contacts: Jeremy P. Muller, Executive Director, West Virginia Rivers Coalition (304)
		637-7201. Don Garvin, President, West Virginia Environmental Council (304) 346-5905. Norm Steenstra, Executive Director, West Virginia Citizen Action Group (304)
		346-5891
   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
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