CHARLESTON, W.Va. — Work on legislation to repeal the 2009 Alternative Energy Portfolio Act dominated the first full week of the 2015 regular session of the Legislature, with the Senate and House of Delegates each passing versions of the repeal bill.
Debate on the bill was acrimonious, particularly in the House.
Some Democrats called the repeal bill nothing more than a continuation of campaign attacks by the new Republican majority, who called the law “West Virginia’s cap-and-trade,” and used it to link state Democrats to President Barack Obama.
“This is just political theater, this piece of legislation,” said
Delegate Nancy Guthrie, D-Kanawha. “If not, you would have had to apologize for all the negative mailers you sent out against us,
calling us Obama lovers.”
Delegate Nancy Guthrie, D-Kanawha. “If not, you would have had to apologize for all the negative mailers you sent out against us,
calling us Obama lovers.”
That comment drew calls of “point of order” from around the chamber.
Guthrie said the Legislature should be working to diversify the statemeconomy, but instead, she said, “We are going to wear coal around our neck like a yoke that will drag all of us down.”
Several delegates took offense at those comments, including Delegate Gary Howell, R-Mineral, who held up a piece of coal, commenting, “I see this as a diamond necklace hanging around our necks.”
Proponents of the bill say that repeal of mandates for utility
companies to gradually increase usage of alternative energy sources for electricity generation, reaching 25 percent of production by 2025, will benefit the state’s coal industry and should keep electricityrates from soaring out-of-control.
companies to gradually increase usage of alternative energy sources for electricity generation, reaching 25 percent of production by 2025, will benefit the state’s coal industry and should keep electricityrates from soaring out-of-control.
Leadership in both the House and Senate rebuffed efforts by the
Democratic minority to demand jobs impact and economic impact studies to access the effect of the repeal, saying the studies were not necessary.
Democratic minority to demand jobs impact and economic impact studies to access the effect of the repeal, saying the studies were not necessary.
Democrats, however, suggested the studies would reveal that the repeal bill is “feel-good” legislation that will have little or no effect on jobs or the economy.
“Let’s see whether or not this legislation performs as intended,
creating more jobs in the coalfields, while controlling utility
rates,” Senate Minority Leader Jeff Kessler, D-Marshall, said.
creating more jobs in the coalfields, while controlling utility
rates,” Senate Minority Leader Jeff Kessler, D-Marshall, said.
Previously, at least one utility company lobbyist had testified that
utility companies operating in the state can already meet the
alternative energy thresholds under the act, which counts a variety of clean coal technologies as alternative energy sources.
utility companies operating in the state can already meet the
alternative energy thresholds under the act, which counts a variety of clean coal technologies as alternative energy sources.
The House passed its bill (HB2001) 95-4, while a day earlier, the
Senate passed a nearly identical bill (SB1), 33-0.
Senate passed a nearly identical bill (SB1), 33-0.
This week, the Senate is expected to pass the House bill, making it the first bill this session to complete the legislative process and go to the governor.
Also during the week of Jan. 19-23 at the Legislature:
— A bill to make it more difficult for workers injured on the job to
sue their employers (HB2011) was the subject of an emotional public hearing, as relatives of coal miners killed or injured in mining accidents spoke out against the legislation.
sue their employers (HB2011) was the subject of an emotional public hearing, as relatives of coal miners killed or injured in mining accidents spoke out against the legislation.
“I lost my father at the Upper Big Branch Mine in an accident caused by the negligence of the company he was working for,” Jeremy Ellswick testified. “Without the help we received from our lawsuit, our mother would not be able to survive the way she is.”
Industry representatives said current standards for establishing
“deliberate intent” on the part of employers are too broad, and said the Workers’ Compensation system is designed to assist injured workers.
“deliberate intent” on the part of employers are too broad, and said the Workers’ Compensation system is designed to assist injured workers.
— State Treasurer John Perdue objected to Gov. Earl Ray Tomblin’s plan to “sweep” $15 million out of the Unclaimed Property account in his office, to use the funds to help close a funding gap in the 2015-16 state budget.
Perdue said that would leave about $6 million in the account, which will make it difficult to make timely payments to rightful owners of unclaimed property, or to their survivors. Each year, the office pays $9 million to $10 million for unclaimed property claims, he said.
Perdue also said raiding the fund sets a bad precedent, since the
account is funded through the sale of unclaimed assets, including
unclaimed stock and mutual funds, and from payments from insurance companies for unclaimed benefits.
account is funded through the sale of unclaimed assets, including
unclaimed stock and mutual funds, and from payments from insurance companies for unclaimed benefits.
“This is the people’s money. This is not taxpayers’ money,” Perdue told the Senate Finance Committee.
“Sooner or later, this little Rainy Day Fund, as I like to call it,
won’t be there to be robbed any longer,” Perdue said, adding, “Robbing the people’s money is not the answer to these fiscal problems.”
won’t be there to be robbed any longer,” Perdue said, adding, “Robbing the people’s money is not the answer to these fiscal problems.”
