Coal Jobs & Safety Act of 2015 Passes in the House

The House passed Senate Bill 357 Friday, the Coal Jobs and Safety Act of 2015. This bill has caused a lot of controversy, so it was no surprise when the House debated the bill for two hours. Republicans feel like the bill is an update to previous safety laws, while some Democrats feel like it’s a scale back.

“This act strengthens the state’s enforcement of the coal industry’s drug testing program to treat all miners the same and promote drug free coal mines,” Delegate John Shott, the Judiciary Chair, explained, “It updates West Virginia mine laws on equipment movement and operation to match federal regulations and well-established safety standards; in one instance exceeding the federal regulations requiring the movement of workers out by when in the case of the movement of equipment where electrified trolley wires are present. It also places oversight of underground diesel equipment in the hands of experienced state mine safety regulation, regulators. It syncs state reclamation rules with federal laws to bring consistency to regulatory oversight. It adjusts the aluminum water quality standard to reflect the latest science and better protect the environment, and it conforms, permit enforcement processes to federal laws.”

After the bill was explained to members, a flood of debate ensued on the floor. Republicans expressed belief the bill was steering the coal industry in the right direction, because it was updating technology and saving money, while Democrats felt the bill would roll back the safety laws currently in place.

The bill had full support from Republicans but Democrats were divided.

Delegate Rupert Phillips of Logan County was one of those Democrats who supported the bill.

“If we’re going to move our state forward and be competitive on what’s built this state, the backbone of the state; the coal, the coal miner, we’ve got to move forward,” Phillips noted, “We cannot continue to let DC, EPA, and other groups overregulate our industry.”

Delegate Gary Howell, the Government Organization Chair, also supported the bill.

“It is time we updated these laws for safety,” Howell said, “Time changes, technology changes, we must make sure our coal miners are safe. I support this bill, and I hope you will to for the safety of our miners.”

Delegate Barbara Fleischauer of Monongalia County was strongly against the bill.

“There’s not anything in this bill that improves safety, nothing,” Fleischauer said, “And I can’t believe, after all the fires and explosions we’ve had in this state, recently, we would, and you know what they are; Upper Big Branch, Aracoma, Sego, that we would ever consider rolling back safety protections.”

Minority Leader, Tim Miley, also expressed rejection of the bill.

“We haven’t even heard the cost savings per ton, as to what this bill will accomplish,” Miley noted, “Wouldn’t you think, you can measure man hours saved by activities in the mine that you do or don’t have to do as a result of this bill, you can measure that. How many man hours, combined man hours does it take to stop the mining operations, move heavy equipment, and then bring the miners back, you can measure all of that, this is the 21st Century. You can measure all of that. We can measure what effects and cost savings, the environmental aspects of this bill will have. We can measure how much it costs to lay track, we can measure all of that, that’s how you come up with a cost per ton as far as how much it costs to mine a ton of coal. If it really were to gonna save that kind of money to reinvest back into creating jobs, I think we would know that.”

After the two hour debate, House Bill 357 passed, 73 to 25, with only Democrats voting against.

Common Core, Home Schooling, & Tensions Over Coal Jobs and Safety Act of 2015 in House

In the House Wednesday, the Education committee considered a bill that would repeal the common core standards in West Virginia schools. It passed with little debate, but received four amendments to adjust some technicalities and add new provisions to teacher organizations. It now heads to the floor for its consideration. But it was a bill relating to home schooling that brought some discussion among the delegates.

House Bill 2793 contains many provisions relating to home schooling. Among them, it removes the requirement that the person providing the home schooling instruction have a high school diploma; and it permits a parent to administer the required nationally normed standardized test.

Delegate Denise Campbell of Randolph County expressed some concern with the removal of this provision, and questioned who would monitor the tests if parents were allowed to administer them.

Mike Donnelly is an attorney with the Home School Legal Defense Association as well as a father of children who are home schooled. He addressed Campbell’s concern.

“The purpose of education is to help a child to attain the level of achievement that they’re capable of attaining, and a standardized test doesn’t really do that,” Donnelly noted, “So wherever you’ve got home school parents who have the ability to choose other approaches to assess their child, they’re gonna tend not to use that standardized test, because they want feedback that’s gonna be illustrative and instructed to them, so they’re going to ask a certified teacher, can you help me out here, what are you seeing here?”

During the floor session, another bill relating to home schooling was up for passage.

Delegate Amanda Pasdon, the House Education Chair, spoke on behalf of House Bill 2674.

“This bill allows home school students qualify for the PROMISE scholarship without taking the GED,” Pasdon explained, “It essentially levels the playing field. Home school students will be subject to the same standards as students who attend public or private high schools. I urge passage.”

House Bill 2674 passed 97 to 1. The one nay vote came from Delegate Dana Lynch, a Democrat from Webster County.

Another seven bills were up for passage, but all of them passed without any debate.

In the house, the part of the floor session that allows remarks by members have turned tense on many days and Wednesday was one of them. 

Senate Bill 357, the Coal Jobs and Safety Act of 2015 was on first reading, not at the debate stage. But fresh from his angry speech in the Government Organization Committee about prevailing wage, Delegate Mike Caputo of Marion County addressed a set of articles he’d sent to all the delegates. The articles referenced multiple mine disasters that happened in recent years, and Caputo called the bill anything but about mine safety.

“There’s only a few of us in here ever been in a coal mine, and some of us have different views on this, and I respect that, but I’m telling you when you’re moving a major piece of equipment in a mine under extreme conditions anything can happen whether you have a trolley wire or whether you don’t. And when coal miners are in by that move, if that move catches on fire, you can have all the transportation equipment you want, you can have all the communication equipment you want, you can have all the rescue equipment you want, that smoke’s gonna get‘em. And you’re gonna be casting a vote tomorrow, an amendment, that I’m going to introduce to put this law back the way it was and the way it should be. So please, read this. Read this. Every coal company that testified to change that law, not once talked about health and safety, they talked about increasing profits, and I will close by saying, the most important thing, the most important thing to ever come out of a coal mine, is the coal miner.” – Delegate Mike Caputo

Delegate Randy Smith of Preston County was outraged by Caputo’s statements.

“I don’t sit behind a desk everyday making decisions. The men I work with don’t pay me to go and sit behind desks. I go underground every day. I’m in these conditions. I know what I’m talking about, and I’m here to tell you that I take offense to being my character attacked on social media, in the newspaper, from colleagues in this chamber. The bottom line is, when it’s said and done, I’m going to go back underground with those men, and anybody that thinks that I would pass a bill to put someone’s life in danger, and put my life in danger, all I can say is it saddens my heart to think that they would think I would be that low. This bill here, this situation that was just, he was just talking about, this situation this bill addresses, if it’s energized trolley wire, you come out by, it’s as simple as that. That doesn’t change, that’s what this law here was made, that’s what brought this law on was energized trolley wire that caused the fire, and it keeps that in place, but why should we stay in 1972? I would say within the next five years, there will be no, no trolley wire in the coal mines anywhere.” – Delegate Randy Smith

Senate Bill 357 will be on second reading, the amendment stage, Thursday.

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