Mark Zatezalo Story Archives - West Virginia Public Broadcasting

Community Air Monitoring Data Would Be Inadmissible In Proceedings Under House Bill

A bill under consideration in the West Virginia House of Delegates would disallow community air monitoring data from being used in legal or regulatory proceedings.

A bill that received committee support in the West Virginia House of Delegates Tuesday would prevent publicly sourced air pollution data from being used in lawsuits and regulatory proceedings.

House Bill 5018 was drafted in response to the rise of community air monitoring in West Virginia. This refers to pollution data collected by members of the public, as opposed to governmental agencies like the Environmental Protection Agency (EPA).

Proponents of the bill said it would ensure that air pollution data used in legal or regulatory proceedings meet standards set by accredited state and federal agencies.

But, at a meeting of the House Committee on Energy and Manufacturing, some lawmakers voiced concerns that the legislation would limit residents’ abilities to identify and substantiate air pollution concerns.

“I’m not a massive fan of this bill,” said Del. Kayla Young, D-Kanawha.

“I think more community air monitoring is a good thing, not a bad thing,” she continued. “We shouldn’t be hurting our citizens and getting rid of transparency. So, I’m a no on this one.”

Young said that lawmakers have not done enough to invest in air monitoring, despite recent EPA funding allocated to the state for these projects.

Still, the bill received support from a majority of committee members, who referred it back to the House with the recommendation that it be passed.

“Community monitoring is not forbidden by this bill at all,” said Del. Mark Zatezalo, R-Hancock, who sponsored the bill. Zatezalo added that the pending legislation would simply set a standard for what quality of data is admissible to official proceedings.

“Good data and better, supportable data is important for ongoing analysis,” he said. “I have a hard time trying to figure out why that is a big, big problem.”

House Changes Sales Tax, Cuts Higher Ed in 2018 Budget

Members in the House of Delegates have approved their budget bill for fiscal year 2018 – bringing $140 million additional dollars in revenue and making $75 million in cuts to government agencies. The House’s budget is largely based on revenue brought in under a Senate bill that was drastically changed by the chamber’s finance committee.

That bill, Senate Bill 484, originally would have just captured some $12 million a year that goes into the state Road Fund, but while it still contains the provision, it’s been transformed into what House leadership is calling a tax reform measure. The House’s version looks to broaden the base of taxable goods and services in two phases, July and then October of this year. Under the plan, things like cell phones or personal services would become subject to the sales tax, bringing in some $140 million in additional revenue in the 2018 budget.

Del. Daryl Cowles, R-Morgan, House Majority Leader.

The bill would also require that by July 2018, the state’s current 6 percent sales tax would be reduced to 5.5 percent, then to 5.25 percent in July 2019. Over time, if the fiscal climate is favorable in the state, the tax rate could go down to as low as 4.75 percent. That reduction of the overall rate will also lead to deficits in the state budget, that is if spending doesn’t increase in the state.

Majority Leader Daryl Cowles of Morgan County adamantly supports the measure, saying West Virginia’s border counties will see a boom in revenue.

“It’s tax relief for the people of West Virginia,” Cowles said, “It does capture revenue in the short-term, it is very quickly, within two short years, revenue neutral as the rate is lowered for everyone on every purchase, point of sale that’s taxed. And then, for another two years, the rate drops all the way down to 4.75. Imagine that. Imagine the growth our border counties could see if we have a competitive advantage at a tax rate of 4.75 considerably lower than all of our surrounding neighbors.”

But Minority Finance Chair Delegate Brent Boggs, of Braxton County, says he’s concerned this revenue idea lacks fairness.

“It seems like with this, when we’re talking about broadening the base, we’re really not broadening much, because it’s all the things that we’re not picking up, and we seem to be disproportionately hitting the people that are at the low income and middle income level, and possibly that takes in a lot of our seniors,” Boggs said.

After nearly two hours of debate, Senate Bill 484 passed 52 to 48.

Del. Brent Boggs, D-Braxton, House Minority Finance Chair.

House Budget

In an evening floor session Wednesday, delegates also took up the chamber’s budget bill, House Bill 2018, which relies on $75 million in cuts to state agencies to balance the budget. The House’s budget no longer includes the 2 percent pay raise to classroom teachers first proposed by Gov. Jim Justice. It reduces funding for West Virginia four-year higher education institutions by 6 percent and the state’s community and technical colleges by 5 percent.

The budget also grants the Higher Education Policy Commission the authority to decide how the state’s higher education dollars will be divided between institutions.

It was this part of the budget that had some delegates in the House concerned. Several Democrats argued the provision is unconstitutional, including Delegate Rodney Miller, a Democrat from Boone County, who says the House had even considered getting rid of the organization at one point.

“It’s interesting that we are giving them the pot of money to let them be the arbitrator, the disseminator of this funding; letting them be the ultimate choice when at the same time,” Miller said, “during this legislative session, we had, if I’m not mistaken, we had some legislation proposed to actually either get rid of or completely alter, significantly change the CTCs and HEPCs in our state. Now we’re going to give them all this power and authority and money. It’s very confusing with the consistency of what we have going on in this body.”

Democrat Mike Caputo, of Marion County, says allowing the HEPC to control higher education spending will result in a lack of accountability.

“These folks, they’re appointed for a certain term. They don’t have to account to the people; they don’t put their name on the ballot. We put our name on the ballot. And that bothers me,” Caputo explained. “I don’t know who come up with this crazy idea to throw all the money in one pot and just let some people toss it out how they feel without any accountability. Mr. Chairman, with all due respect, that to me is just absolutely irresponsible.”

Republican Delegate Mark Zatezalo, of Hancock County, spoke in support of the budget bill, and suggested the HEPC work more closely with the state’s colleges and universities than the Legislature does.

“We are allocating resources to two groups who have the most interface with higher education, and I’m wondering if they might have more insight into how things are spent at the higher education level than we do,” Zatezalo noted. “I certainly, you know, I can see money go in and out of here, and I can see money allocated for schools; frankly I’m not in the weeds enough for each school to understand exactly what they need and exactly who needs the money.”

House Finance Chair Eric Nelson argued this was a tough budget year all around, but when it came to giving the HEPC the authority, it makes the most sense.

“I mentioned we had a bunch of agencies come before us to give budget presentations. The presentation for Higher Ed and CTC was made by HEPC and the CTC chancellors,” Nelson said. “It was not the individual colleges. You know what, we had very tough choices, and we’ve been in some unchartered territory. It’s been a balancing act. This balance is structurally sound; difficult decisions had to be made. Without a doubt, this has been an all-inclusive and a very transparent process.”

The House’s budget bill passed on a vote of 58 to 42.

Subcommittee Reaches Compromise on Voter ID Bill

A House Judiciary Subcommittee reconsidered a bill Thursday that barely made it through the legislative process on the final night of the 2016 session.

That bill required West Virginians to bring some form of identification with them when they go to cast a ballot at their polling place. It also set up an automatic voter registration process between the Secretary of the State’s office and the Division of Motor Vehicles.

Delegates initially intended to gut parts of that law altogether this year, but have since worked on a compromise.

As introduced, House Bill 2781 got rid of the automatic voter registration system altogether and removed a large number of the allowable forms of ID, including a health insurance card, birth certificate, and several others. Those two provisions were pushed by Democratic members of the Legislature during the 2016 session.

Thursday morning, a House Judiciary subcommittee, led by Republican Delegate Mark Zatezelo of Hancock County, met to negotiate the bill’s provisions. The subcommittee’s version of the bill puts all of the ID options back in, and it also reinstates the required automatic voter registration system.

Zatezelo says, however, their bill pushes back the effective date one full year.

“We want to make sure the DMV is ready for July 1, 2019,” Zatezelo noted, “And so, we will put into this bill [a] proviso that they be ready with their new software by July 1, 2018. That gives them a year to work all the bugs out and do that type of thing; we feel it’s fair.”

Zatezelo also says the bill makes it clear that if someone doesn’t want to register to vote when they go to the DMV, their information won’t automatically be sent to the Secretary of State’s office.

The single Democrat on the Judiciary subcommittee is Delegate Chad Lovejoy of Cabell County. He says he’s very pleased with the compromised version of the bill.

“I think the bill has been greatly enhanced by the work of the subcommittee,” Lovejoy said, “You know, as we approached it, there were two kind of major concerns with bringing it back up. One was changing the IDs, the list of IDs that were negotiated last year as part of the legislation, and the second, were, what could be perceived as attempts to roll back the automatic voter registration.”

Lovejoy says he anticipates wide support from his party when this bill comes to the floor. House Bill 2781 will now go before the full Judiciary committee for further consideration.