Climate Video Conference Highlights Common Ground, Gaps In W.Va. Legislature

Two West Virginia lawmakers — a Republican and a Democrat — held a video conference Tuesday with middle and high school students across the state about a topic that’s not often given much attention in West Virginia: Climate change.

 

 

Democratic Del. Evan Hansen of Monongalia County and Republican House Speaker Roger Hanshaw of Clay County took questions from students about how climate change is affecting West Virginia and what lawmakers are doing to address it.

The webinar was part of a weeklong series of events and climate protests coinciding with the United Nations Climate Action Summit in New York Monday and a Global Climate Strike demonstration Friday. Hansen, an environmental scientist, is one of a handful of lawmakers, largely from the northern part of the state, who have pushed for action on climate change by the Legislature. 

More than 30 classrooms and individual participants dialed in to speak with Hansen and Hanshaw who cordially answered questions from the Capitol in Charleston. Students posed a wide variety of queries to the lawmakers ranging from, “What can we do in school to make our Earth a better place?” to “How can West Virginia be a leader in climate change?”

The first question was from Mary Ellen Cassidy’s sixth grade class at Wheeling Country Day School. Students wanted to know what Hansen and Hanshaw deemed to be the “biggest environmental problem” facing humanity. They also wanted to know what problem they thought would affect society the most down the road. 

Hanshaw, who has a PhD in chemistry and is a practicing attorney whose clients have included natural gas companies and gas lobby groups, answered first. 

“I believe that it’s one that we’re going to …  you may not think about immediately, but it’s our increased reliance on technological devices,” Hanshaw said. “And that’s a topic that may not seem immediately linked to the environment until you think about sort of the chemistry of electronic devices, and how do we power batteries.”

Hansen said ensuring West Virginia has clean water is a top challenge for the state. 

“You know, we’re here to talk about climate change, and I think that’s the biggest global challenge that we face right now,” he added. 

Searching For Common Ground

 

Throughout the video conference, ideological differences between the two scientists emerged. 

While Hansen often invoked the scientific community’s understanding of climate change to answer questions, Hanshaw offered students a window in the ways lawmakers balance science and other competing interests when considering how to make public policy. 

“One of the most challenging things that governments do — and it’s probably, again, true at every level of government, from city councils all the way to sovereign legislatures and sovereign states, to the Congress of the United States to the U.N. — is balanced competing interests,” Hanshaw said. “So, things that might seem obvious come with incredible consequences that sometimes haven’t been thought through.”

As Speaker of the House, Hanshaw helps set policy priorities in the Legislature. He alluded that current policy proposals to address the climate crisis, such as the Green New Deal, a sweeping idea that calls on the U.S. to transition away from fossil fuels such as coal and natural gas by 2030 and would offer billions in public works programs and aid, may have unforeseen consequences in West Virginia. 

“So for us in West Virginia, the fossil industries are very important,” he said. “They fund the public school systems in many of our counties, and an abrupt, a rapid, transition away from that industry, or our reliance on it [has] the potential for devastating effects on local economies.”

For Hansen, and others across the state urging West Virginia policymakers to take action on climate change — including hundreds of students who participated in the Global Climate Strike at West Virginia University and Marshall University on Friday — not taking action only disadvantages the state. 

“We have an opportunity now, if we participate in those discussions and negotiate well, where we can actually get millions of dollars invested back into West Virginia communities that are hardest hit,” said Hansen, referring to policy proposals that would address climate change. “We’re losing coal, and the[re is a] need for it to be a ‘just transition,’ so that we just don’t need coal miners and their families hanging.”

Some consensus around reforming the state’s laws around solar seemed to emerge. Hanshaw said he supported proposals to install solar arrays on abandoned coal mines. A bill Hansen sponsored last session that would have done that died in committee. West Virginia currently offers no incentives for investments in solar energy, and ranks 49th in the nation in installed solar capacity

Justice Factor

Policy action to address climate change in West Virginia will be a tough sell without the support of Gov. Jim Justice. The governor went on Fox Business Monday evening and discussed the recent climate demonstrations that brought millions of young people from around the world into the streets demanding action. 

“It’s a terrible shame,” Justice said as footage of protesting young people played. “It is just unbelievable that we have gotten to this level. And I don’t really blame the kids, I blame our leaders because they are misinformed.”

Nationwide, and in West Virginia, the amount of coal mineddropped to the lowest level in nearly 40 years in 2018. A 2018 report by West Virginia University’s Bureau of Business and Economic Research, projects from 2020 through 2040, coal production in West Virginia will continue to drop, hitting 66 million tons by 2040, a 17 percent decline from 2016.

Meanwhile, if action isn’t taken to curb the use of fossil fuels and reduce greenhouse gas emissions, scientists expect temperatures to continue to rise, extreme weather to worsen, including droughts and floods. Rising seas will displace millions of people. In Appalachia,research showsthe region will largely become warmer and experience more intense rainfall, which could stress infrastructure and leave the regionvulnerable to flooding like was seen in 2016.

In his interview with Fox, Justice lambasted the Green New Deal and stoked fears that it would abruptly end the use of coal and natural gas. 

“If you just cut off coal and cut off gas today, I mean, in 60 days we would have a total meltdown in this country,” he said. 

Under the proposal, the transition would take place over the next decade. It has been criticized for its cost and feasibility

Justice also said that despite the state’s reliance on extractive industries, “we have pristine air and pristine water.” A study released this week analyzed health-based violations of the federal law that protects drinking water. It found 36 of the state’s 55 counties among the top third worst-offending U.S. counties.

Students Weigh In

Credit Glynis Board / WVPB
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WVPB
Wheeling Country Day School sixth grade teacher Mary Ellen Cassidy and her class participated in a climate webinar hosted by Dels. Evan Hansen and Roger Hanshaw on Sept. 24, 2019.

Inside Mary Ellen Cassidy’s classroom at Wheeling Country Day School, students watching the climate webinar were excited to speak directly to the people making the laws. 

They were also worried about what a transition away from fossil fuels would look like. 

“What will the people’s jobs be like?” asked student Victor Slack. “Will they put in solar panels for living after that?”

Other students expressed concerns about not taking action. 

“So, we know if we don’t move away we know that Antarctica, in Alaska, and most of the cold places, are starting to melt,” said student Miriah Lane. “And the water level is rising. So, maybe it would rise too high, or maybe it would get too hot.”

West Virginia lawmakers are expected to discuss renewable energy at an upcoming interim meeting in November. 

WVPB Assistant News Director Glynis Board contributed to this report.

W.Va. Delegates Introduce Environmental Constitutional Amendment

Democrats in West Virginia’s House of Delegates Monday proposed an amendment to the state constitution’s Bill of Rights that would specify a clean environment is a constitutional right.

Thirty-two Democratic Delegates cosponsored an Environmental Rights Amendment. House Joint Resolution 25 states that access to clean air and pure water is the right of all West Virginians.

The amendment is modeled after a paragraph that’s been in the Pennsylvania Constitution for decades.

Lawmakers sponsoring the amendment argue a healthy environment is critical to the state’s economy.

“The best way to diversify our state’s economy is to create jobs that also protect the environment,” Delegate Evan Hansen (D-Monongalia), lead sponsor of the resolution, stated in a press release. “We can grow our population and our industrial base while keeping the water we drink and the air we breathe clean.”

In a release, the lawmakers highlight the state’s growing tourism industry and Charleston’s water crisis in 2014, which led to closure of many small businesses, and migration of a portion of the population.

If the resolution passes the state House and Senate, the amendment would be placed on the November 2020 General Election ballot for voters to decide.

Downstream Strategies, WVU Center to Work on EPA Regulation Report

West Virginia University’s Center for Energy and Sustainable Development is working with Downstream Strategies on a new report, analyzing how West Virginia can best meet new Enivronmental Protection Agency proposals on carbon dioxide emissions from power plants. This study will be used to advise policy makers as they draft strategies to submit to the EPA.

This report will be completed over the course of the next year. The state Department of Environmental Protection has two years to submit a plan to EPA, which will present its proposals for cutting state carbon dioxide emissions from power plants. It won’t be easy, as the majority of the state’s energy production comes from coal. The EPA wants to cut carbon emissions by 30 percent over the next 16 years, from 2005 carbon levels. Evan Hansen with Downstream Strategies says West Virginia’s levels need to decrease about 20 percent, according to EPA proposals.

What’s important to realize is that a 20 percent reduction in carbon emissions doesn’t mean we would be mining 20 percent less coal or losing 20 percent of our coal jobs,” said Hansen.

“There’s so much flexibility in this rule and it means that it can be achieved in many different ways. Coal production will continue. For example, electricity generation can shift towards natural gas or toward renewable energy systems. There are provisions to increase energy efficiency towards homes and businesses, that counts towards the carbon dioxide reductions.”

Hansen’s organization Downstream Strategies, along with the West Virginia University Center for Energy and Sustainable Development, is compiling information in a report, to give to state policy makers like the DEP, on how West Virginia can meet these EPA proposals. This includes looking at emissions data from all of the state’s coal-fired power plants, as well as researching what rules and regulations on the books might be helpful, or obstructive, to getting these emission cuts done. James Van Nostrand works for the center for energy and sustainable development at WVU.

“I think the studies that are out there indicate that energy efficiency is the probably the lowest cost compliance option. We have a very poor record on efficiency,” he said.

“These would be utilities offering programs to help customers control their energy bills, whether they be residential customers, commercial customers, or industrial customers. It’s basically paying customers for saving kilowatt hours that don’t have to be generated by generating plants.”

The EPA’s newly proposed regulations are the first enforcement standards ever set on carbon emissions. When they were announced, West Virginia’s leaders viewed them with caution, anxiety, and trepidation. Most were extremely disappointed. Van Nostrand says some other states, including coal states like Kentucky, have already begun to develop strategies to cut carbon emissions. Van Nostrand says West Virginia is not as far ahead as it probably should be.

I don’t think we have positioned ourselves very well thus far to achieve compliance with these rules. A lot of states have moved forward aggressively with respect to diversifying their energy supply,” he said.

Nationally, carbon emissions and how to deal with them have become a politically charged issue. Democrats and Republicans alike struck down a cap and trade proposal in the United States Congress about five years ago, when funding was also on the table for new clean coal technology practices like carbon capture and storage. Van Nostrand says the lack of Congressional collaboration forced the hand of President Obama to direct the EPA’s movement on carbon emission regulation.

The President is using his executive authority to regulate greenhouse gases under the Clean Air Act; it’s kind of a blunt instrument, it’s not the best way to do it. But in the absence of Congress coming up with some kind of federal program, it’s not an ideal solution but it’s the only way the President was able to do it,” he said.

The EPA has scheduled four public meetings to discuss these proposals. They are planned for the last week of July, in Pittsburgh, Washington D.C., Atlanta and Denver. The report will be done by next June.

Transparency is Key in Aboveground Tank Rulemaking, Expert Says

  The West Virginia Department of Environmental Protection announced last week that they are seeking public input on what should be included in the rules to regulate aboveground storage tanks. The director of a Morgantown-based environmental consulting firm is hoping to be able to see who is submitting ideas, and what those ideas are.

Evan Hansen, director of Downstream Strategies, has been at the forefront of public reaction to the January chemical spill in the Kanawha Valley that left 300 thousand state residents without access to water for days. Hansen, in cooperation with other experts, has authored reports analyzing the spill and has also testified in Washington DC on the matter.

Hansen says the DEP’s approach to the drafting new regulations for aboveground storage tanks by asking for input before a first draft isn’t typical.

New rules are required by Senate Bill 373, also known as “The Water Resources Protection Act.” Ideas can be submitted to the agency via email or written mail by May 15. Hansen says the next point of interest in the process is one of transparency:

“I think it’s important for any interested party that submits comments, for those comments to be posted online so that everybody can see what’s being suggested before the DEP puts out their first draft.”

Hansen says transparency is important because of the hotly debated issue of exemptions which will likely be folded into the new regulations. He says during the 2014 legislative session there wasn’t enough time to make decisions about which industries could get exemptions to rules and to what extent.

“But now that we have a year to write the rules,” Hansen said, “you can be sure that different groups will be vying to get their industries exempted.”

Some exemptions make sense if regulations are already in place to sufficiently monitor or control storage units, Hansen says, but making sure nothing slips through the cracks, so to speak, should remain an important priority for rulemakers.

Credit AP
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The tank farm at Freedom Industries along the Elk River in Charleston.

Hansen also points out that determining fee structures for storage permitting will be an important factor to watch for in the rule drafting.

“That’s important,” he said, “because if DEP doesn’t have the resources that they need to effectively implement this program, then it’s not going to be successful.”

Meanwhile Hansen and his firm Downstream Strategies is working with several organizations to draft their own suggestions on aboveground storage tank regulations for the DEP’s consideration. 

Hearing on Capitol Hill Considers Lessons Learned from Elk River Chemical Spill

The U.S. Senate Committee on Environment and Public Works had a hearing Thursday in Washington that focused on improving chemical safety. Committee members heard about the recent water crisis in the Kanawha Valley from a West Virginia expert.

Panelists included representatives from the Environmental Protection Agency and the United States Chemical Safety Board as well as authorities from communities that have witnessed recent chemical strife.

Evan Hansen, president of the Morgantown-based environmental consulting firm Downstream Strategies, spoke about the water crisis in West Virginia where a chemical leak into the Elk River recently polluted the drinking water of some 300,000 residents in the Kanawha Valley.

Hansen made some recommendations:

  • Spill Prevention, Control, and Counter (SPCC) measures as they exist for oil containment, should be extended to chemical storage facilities.  
  • Develop safe drinking water laws. Public water systems should create protection plans, and both the assessment reports and the protection plans should be periodically updated as well as accessible to all downstream water systems.
  • Make individual National Pollutant Discharge Elimination System (NPDES) permits for chemical facilities mandatory within zones of critical concern (above drinking water intakes).

Hansen also took advantage of the opportunity to point out that weaknesses in enforcement undermine any meaningful regulations.
Chairwoman Barbara Boxer—a democrat from California—stressed the importance of new legislation in the process of being drafted, saying that a bill to address new chemical concerns brought to light by the chemical spill in West Virginia was forthcoming.

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