Tag: Legislature Today

Bill For Air, Water Quality Rules Clears Senate Judiciary Committee

A bill moving forward in the Senate would lessen some of the state’s criteria for limiting pollutants in West Virginia waterways.

House Bill 2382 is a rules bundle, updating several air-and-water-quality rules that the West Virginia Department of Environmental Protection enforces with recommendations from the federal government.

One of these rules, dealing with water quality, would adopt 24 of 94 recommended updates that the U.S. Environmental Protection Agency made in 2015, all relating to the regulation of certain pollutants in waterways.

In testimony to the Senate Judiciary Committee Monday, DEP Deputy Secretary Scott Mandirola said the department was working monthly with stakeholders to consider adopting another 32 of these recommendations from the federal government.

States are allowed to adopt EPA recommendations and amend them using certain scientific standards. Mandirola said West Virginia used “one-in-a-million” cancer risk and federal fish consumption standards, in reworking the 24 new criteria included in House Bill 2382.

About half of the 24 updates would result in less regulation of water pollutants than West Virginia already has in place.

“Any time you increase exposure to toxins and carcinogens, you’re increasing risk to public health,” said Angie Rosser, executive director of the West Virginia Rivers Coalition. Several members of that group spoke against the bill during a public hearing in February.

Rosser also said that her group is frustrated that the rules bundle excludes the 32 updates the DEP is still considering. All 56 updates were first proposed to the state Legislature in 2019.

The state Senate ordered the DEP to study the rules more after objections from some of the industries that the department regulates.

Mandirola said Monday that the 24 updates being introduced this year simply had the most consensus around them. He also said that none of the updates in House Bill 2382 would result in changes to West Virginia’s adherence to the Clean Water Act.

Ohio and Pennsylvania have adopted their own versions of all 94 of the recommended criteria from the EPA, according to testimony from Mandirola.

If this rules bundle passes the Senate, already having cleared the House of Delegates, the EPA still has to approve all updates before the DEP can enforce them.

Emily Allen is a Report for America corps member.

House Judiciary Committee Walks Back Amendment To Bill Reeling In Governor’s Emergency Powers

Members of the House Judiciary Committee voted Monday to rescind an amendment to a bill that would limit the governor’s emergency powers. The amendment, adopted Saturday, would have made it clear that the bill applies to any current state of emergency or state of preparedness.

The lower chamber’s Judiciary Committee approved House Bill 2003 Saturday. But lawmakers on the committee returned to the measure Monday afternoon and decided to strip away the amendment offered Saturday by Del. Pat McGeehan, R-Hancock.

House Bill 2003 would limit a state of emergency declaration to 60 days. It would also allow the Legislature to extend that declaration 30 additional days or remove the declaration altogether.

McGeehan’s amendment would have added the following line to the bill: “Upon passage any state of emergency or state of preparedness currently in effect is subject to the provisions of this section.”

The intent of the amendment was to offer the Legislature an opportunity to have a say if — and how — the state of emergency as a result of the pandemic would continue.

By order of Gov. Jim Justice, West Virginia has been under a state of emergency related to the ongoing coronavirus pandemic since March 16, 2020. Since then, the governor has acted unilaterally in handling the state’s response to the virus, although lawmakers from both sides of the aisle have attempted to exert some influence.

Lawmakers’ efforts to call themselves back into a special session in July gained traction in the House but failed to materialize in the Senate.

In the Monday afternoon meeting of the House Judiciary Committee, McGeehan seemed to acknowledge that his amendment was bound to be stripped from the bill, even despite it’s approval over the weekend.

“I’m not gonna try to convince anybody that this language should stay in the bill,” McGeehan said. “Seems like everyone has their mind made up.”

Del. Shawn Fluharty, D-Ohio, spoke in favor of McGeehan’s amendment remaining in the bill. He and other Democrats said it would be in the best interest of their constituents to make the bill apply to the current state of emergency that’s been in effect since March.

“Obviously, the necessity for this amendment is clear today. Because, since we voted on it in a bipartisan manner, debated at length in a bipartisan manner, and passed it out of here in a bipartisan manner, it made somebody upset in the executive office — old king himself,” said Fluharty, alluding to Justice. “So we came back in here and we’re reneging on our promises made to our constituents.”

Del. Tom Fast, R-Fayette, spoke against keeping McGeehan’s amendment, echoing sentiments made Saturday by committee chairman Moore Capito, R-Kanawha, that it wasn’t necessary.

“I believe the language in the bill would cover the present situation without the amendment. And I think this is necessary to take this action,” Fast said. “And so I would also urge rejection of the amendment.”

Committee members voted 15-10 to scrap McGeehan’s amendment from the bill, with all Democrats and Del. Chris Pritt, R-Kanawha, joining McGeehan in voting to keep it.

The House Judiciary Committee later voted to send the bill back to the floor, where it is on pace to be up for passage by the end of the week.

Senate Considers New Nursing Home for Veterans

State Senator Mike Green (D., 9th District) has introduced a bill to designate funds for the construction of a veterans skilled nursing facility in Beckley.

Senate Bill 523 proposes using money from the Veterans Facilities Support Fund and bonds provided by the West Virginia Hospital Finance Board.

The 120-bed veterans skilled nursing facility would be located on more than 17 acres adjacent to the Jackie Withrow Hospital, formerly known as Pinecrest Hospital.

In a news release Green said the center is needed because the one located in Clarksburg operates at full capacity and frequently has a waiting list.

The release says the state’s veteran population has now reached over 220,000 and there is overwhelming need for additional nursing home beds to accommodate veterans when they become unable to take care of themselves.

“The bill is a tangible demonstration of our appreciation for their sacrifices,” said Green.
 

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