Flood Protection On List Of Upcoming W.Va. Legislative Interim Meetings

With flash flooding seemingly on the rise throughout West Virginia, Randy Yohe spoke with committee member Sen. Stephen Baldwin. The Democrat and Senate Minority Leader from Greenbrier County has been at the forefront of meeting the challenges of flood prevention.

Among the meetings scheduled for next week’s legislative interim session is the Joint House and Senate Committee on Flooding.

With flash flooding seemingly on the rise throughout West Virginia, Randy Yohe spoke with committee member Sen. Stephen Baldwin. The Democrat and Senate Minority Leader from Greenbrier County has been at the forefront on meeting the challenges of flood prevention.

This interview has been lightly edited for clarity.

Yohe: West Virginia leads the nation in flooding disasters over the past decade. Is that just because we’re the Mountain State and valleys come with mountains, or are we lacking in mitigation plans and efforts?

Baldwin: Both. It’s a result of our topography and geography. There are just some things we cannot change about that. But I think we can do a better job of planning and mitigating through our infrastructure. And that’s the point of all these projects, rebuilding homes, elevating them, tearing down structures that were in the floodplain or in the floodway. And then allowing folks to rebuild in a place that has stormwater systems, roadways, culverts, infrastructure, streams, creeks or there is a dam.There’s a very long list of infrastructure items we need to do to make sure it doesn’t happen as much in the future to the extent we can control it.

Yohe: That leads into the question that we often hear after flash floods and the damage and even deaths that they cause. Talking about preventive stream cleaning and mismanaged floodplain construction, but often it seems there’s little action. Do we need to legislate a dedicated act, a law that funds those flood mitigation efforts?

Baldwin: I was very encouraged to hear Senator Swope say last time that flood relief and flood mitigation needs to be one of our major infrastructure categories moving forward. I agree with him wholeheartedly, not just generally, but specifically in relation to the American Rescue Plan Act (ARPA) funds that we’ve received. Because this is going to save lives in the future and it’s going to save a significant amount of money because as you said, we deal with this all the time. If we do a better job planning on the front end, I think we’re better prepared. And the state resiliency office is in the midst right now of finalizing a new flood plan. When the June 2016 flood hit, we had a plan that was sitting on a shelf for years and wasn’t being enacted. So I think that’s the key. We’ve got to have a plan. And we’ve got to have people involved actively in executing that plan.

Yohe: Any key mitigation elements in that plan, current day technologies, like the new stream gauges and otherwise that need implementation and action right away?

Baldwin: We’ve done a little bit. That’s a good example of stream gauges. We’ve done a little bit of work on that over the last couple of years because what we had before, if you look at the old plan that was sitting on a shelf, it actually had recommendations about stream gauges. Unfortunately, they weren’t realized. So we had stream gauges on rivers, but where we are seeing flooding now are not necessarily along our major rivers, but along our streams and creeks. And so that’s where we did not have gauges. So we have added some gauges since the June 2016 flood in areas that flooded. But, we need more, badly. That’s a good example of a growing edge of infrastructure.

Yohe: You can gauge the challenge on a creek or stream. Gauging is one thing, cleaning it out is another, isn’t it?

Baldwin: It is, and that falls to the Conservation Department, which is an important partner in flood mitigation. However, that’s one of the first things that people always talk about is dredging, we need to do a better job of dredging. If you look at the data, and you look back at that previous flood mitigation plan and the plan that they’re working on now, I’m not sure that the reality matches what we think it is. I’m not sure that dredging is the silver bullet that we think it is. It’s important, but, again, I just don’t think it’s that silver bullet.

Yohe: The agenda for the Joint Legislative Committee on Flooding includes you presenting an update on ARPA funds for demolition. What’s that about?

Baldwin: We are hoping to get a pot of money to be able to do flood demolitions that the Commerce Department could not do with the funds they received from the federal government. Basically, they didn’t have enough money to do everything. So we want to propose to the legislature and the governor that we set aside some money specifically to do that from our funds.

Yohe: How do you think the national rise in climate change impacts West Virginia flooding?

Baldwin: If you look at the data, it shows that we are on the leading edge of this with West Virginia having the highest risk for flooding in the United States. And I certainly think climate change plays a part in that. We have seen more storms, with higher intensity, higher volume of rain, for example, getting nine inches in a couple of hours. So the frequency and intensity of storms has changed. And that has a huge effect on us when you consider our geography and topography. We obviously had a major flood in 2016. That affected a huge portion of the state. But we have had significant flooding events across the state since then: obviously in Huntington, in your area, in southern West Virginia, McDowell County just a couple of weeks ago. So this is continually happening. And we have got to continue to make it a priority rather than just being reactive.

Democrats Urge Justice To Suspend State Gas Tax For 30 Days

Democrats from the West Virginia Legislature held a press conference on the state capitol lawn, with a gas station in the background, to call on Gov. Jim Justice to suspend the state gas tax for 30 days.

West Virginia charges 35.7 cents in taxes per gallon of gas or diesel fuel. Suspending that tax for 30 days would cost the state approximately $35 million, according to the minority leadership from both chambers.

House Minority Leader Doug Skaff, D-Kanawha, estimated that would mean $8 to $10 per fill up, depending on the size of the vehicle.

“Think about how many times you fill up your car, that money can go back and help West Virginians, all West Virginians,” he said.

Senate Minority Leader Stephen Baldwin suggested the governor could make up for the reduced tax revenue with money from his contingency fund. The tax revenue is used to pay for maintenance on the state’s highways.

“We want to be able to work with department transportation,” Baldwin said. “We want to backfill these funds, using either surplus funds, using available funds as needed to make sure that this does not hurt the state at all, we think we’re able to do that.”

Virginia and Maryland have both suspended their gas taxes, or are in the process of doing so.

W.Va. Democratic Legislators Discuss Legislative Priorities

As Sen. Stephen Baldwin (D-Greenbrier) and Del. Doug Skaff (D-Kanawha) spoke about the minority party’s priorities for the 2022 Legislative session Thursday, they wove several common themes into the discussion.

Child welfare, economic development, education and better roads peppered the presentation as the legislators painted a hopeful plan for the 60-day session.

But the Democratic leaders also lamented that the legislative focus may be driven away from positive developments due to Republican agendas that have already addressed social issues in the first week of the session.

Skaff used the words “disheartening,” “sad” and “disappointing” during the press conference at the State Capitol.

An agenda item concerning abortion limits introduced in a House Health Committee meeting by Republican leaders, the same afternoon as hundreds of millions of dollars in economic development were announced by three manufacturing companies around the state, especially irked the Democratic leaders.

“We’ve heard that this isn’t going to be a divisive session and that we’re not going to see a lot of social issues,” said Baldwin. “That we’re going to get things done for West Virginians. But Day Two, in the House Health Committee, we have about the most divisive bills that you could ever imagine. So that gives me a little bit of trepidation about where we go from here.”

“Day one, what a day,” Skaff said. “We were all out here celebrating in the hallways, enjoying, saying, ‘This is going to be great for West Virginia.’ Day Two. Like Stephen says, what did we do? We didn’t waste any time. We go back out here and put some controversial issue out here that’s not going to do one thing but change the narrative in the wrong way and send the wrong message. That we have our priorities all mixed up.”

“There are things we can all agree on, bi-partisan priorities, that we need to focus on first,” Skaff added. “We need to get things done.”

“I’ve had conversations with Senate President (Craig) Blair and he says he’s open to any good idea,” said Baldwin. “It doesn’t matter if it’s a Democratic idea or a Republican idea. I’m hopeful, but I still have a little bit of trepidation.”

Baldwin said current legislative agenda items should address two primary concerns: “How can West Virginia bring displaced state natives back home?” And, “How can West Virginia create opportunities and incentives to keep its young people from leaving the state?”

“Population decline is at the root of most problems we have in our state,” Baldwin stated. “What are we going to do about it?”

The Democrats listed affordable and reliable broadband, quality education from infancy to high education, jobs, pay raises for public employees and retirees, health care, non-discriminatory laws, supporting local farms, eliminating utility rate increases, supporting public education, fair tax policies for working families, child care and better roads as items the minority party is eager to address.

“We need to put West Virginians first in everything we do,” Skaff added.

Revitalizing former coal communities using available federal dollars makes sense, Skaff said.

“We need to create opportunities and focus on those hurting communities,” he added.

Skaff also addressed the crisis in workforce shortages, especially in the healthcare field.

“Are we helping people get back to work?” Skaff asked. “We are in crisis mode with a lack of nurses.”

Skaff said that creativity may be the answer to workforce staffing issues.

“We need to explore flexible workplaces without burdening small businesses,” he stated.

Former 9th District Senator Sue Cline Has Died

Former State Senator Sue Cline, 75, of Brenton, West Virginia, has died.

Cline served in the state senate from 2016 to 2020 representing the 9th Senatorial District. She was defeated in the 2020 Primary Election by David “Bugs” Stover who currently holds the seat.

Gov. Earl Ray Tomblin appointed Cline to fill the vacancy left in the West Virginia Senate after Daniel Hall’s resignation. She was a Realtor in the Beckley area and served as the vice president of the Pineville Area Chamber of Commerce. She was also a member of the Wyoming County Convention and Visitors Bureau.

During her time in the Senate, she served with three different Senate presidents. All three issued statements about her passing.

“I was shocked to learn this morning of the passing of former Senator Sue Cline,” Senate President Craig Blair said. “Sue was one of the most dedicated members I have ever served with in the West Virginia Legislature. She was a fighter and a tireless advocate for the families of her district. Her love of her state and her country were second to none. My thoughts and prayers are with her family as they remember and celebrate her life in the coming days.”

“Sue Cline embodied and personified the true essence of a dedicated public servant,” former Senate President Mitch Carmichael said. “She represented the citizens of Wyoming, Raleigh, and McDowell counties with fever, passion, and love. Her contributions to progress and opportunity in West Virginia were total and complete. Her most endearing trait was an enthusiastic, yet quiet faith in God. It is her faith that gives comfort to all who loved and respected Senator Cline that she is now with her heavenly Father.”

“From the moment she arrived to the West Virginia Senate, Sue Cline poured her heart and soul into her service,” former Senate President Bill Cole said. He was in charge of the Senate when she first arrived. “Her kind heart and her strong sense of community guided her in every way. She was a valuable part of a team that helped to change West Virginia. Sue will be sadly missed by all who were blessed to know her, and my prayers are with her family and friends during this time.”

Senate Minority Leader Stephen Baldwin (D-Greenbrier) echoed the sentiments of his colleagues.

“I was heartbroken to learn of the death of our former colleague, Senator Sue Cline, this morning,” Baldwin said. “On behalf of our Democratic caucus, we express our sincere condolences to Sue’s family, friends, and colleagues. I served with Sue for three years and enjoyed getting to know her. She was straightforward, passionate about helping southern West Virginia, and immensely proud of her family. We worked together on a flood relief issue a few years ago, and I saw what a fierce advocate she was for her region. She will be missed, and we thank God for her service to the state of West Virginia.”

This story will be updated as more information becomes available. 

House & Senate Debate Future of Education Standards

Both the House and Senate are considering bills this year to change the state’s education standards once again. It’s a reoccurring theme at the statehouse since Republican lawmakers took control of the chamber in 2015.

In the Senate, lawmakers have approved a bill that does not replace the current college and career ready standards taught in schools, but calls for a cyclical review of those standards with the input of West Virginia teachers.

In the House, however, the discussion over potential changes is just beginning.

The bill taken up by a House Education subcommittee Wednesday would replace the state’s current standards with Math standards first used in California in 1997 and English standards from Massachusetts in 2001. Members of the subcommittee didn’t make changes to those provisions, but are recommending lawmakers give counties the flexibility to adjust state standards as they see fit.

House Bill 2443 would repeal Common Core standards in West Virginia and replace them with standards from that are almost 20 years old. Common Core, however, was repealed by the West Virginia Board of Education in 2015 and replaced with a new set of standards that were the result of statewide public hearings on the issue.

The five delegates on the K-12 subcommittee had previously discussed allowing counties to take the state’s current standards and make changes to them — which could potentially result in 55 different sets of education standards in West Virginia. All five members voiced a need for counties to have flexibility in the classroom, but there was some question over how much.

Republican Delegate Steve Westfall of Jackson County questioned Sarah Stuart from the State Department of Education, about the impact of allowing counties to change just 5 or 10 percent of the state standards to address local education needs.

“I do have a little concern, and I’ll express why,” Stuart said, “We are required to adhere to ESSA, Every Student Succeeds Act, and under ESSA, it requires that all states to have challenging, academic standards…and they have to be the same for all public schools in the state. So while, I think we could add 10 percent to the barebones standards that we’ve established at the state level…I do have some concerns with changing the standards for different counties just based on the language of ESSA.”

“Okay, so you’re saying… [we] would have a set of standards for all 55 counties, but if Wayne County wants to add a program for whatever; miner training or something, or Jackson County wants to have something for the Toyota plant, something that fills a need, then you could add to it?” Westfall asked.

“Absolutely,” Stuart answered.

Later during discussion, Westfall encouraged his fellow members to recommend to the full committee the importance of having a statewide set of standards, but to allow counties the flexibility to add additional programs where there’s need.

Delegates recommended adding permissive language in the bill to reflect that.

While all five members of the subcommittee voted to move the bill forward to the full committee on Education, some Democrats still expressed concerns about the implementation of the older California and Massachusetts education standards included in the bill, including Delegate Stephen Baldwin of Greenbrier County.

“The standards that we have in place were developed with the input of our teachers and of education stakeholders here, and the real issue? For me is continuity,” Baldwin said, “High school seniors right now have been through four sets of standards. If we were to change again, that’s just gonna cause problems in the classroom, and that discontinuity would really affect a student’s ability to learn, much less a teacher’s ability to teach.”

Baldwin, who is a former member of the Greenbrier County School Board, also says he feels the fight over standards is more about curriculum.

“Curriculum is where counties and teachers have the flexibility to make decisions about how they teach what they teach, and standards just set a standard for what students ought to learn,” Baldwin noted, “So I think those standards for what students ought to learn should be statewide standards, and then teachers and counties should have flexibility through their curriculum to figure out what’s best for them about how to learn that.”

Delegate Upson, who’s a sponsor of House Bill 2443, says teachers in her county want more flexibility when it comes to standards.

“Anytime that you give the state more control and you push that down to the local level, and you give counties the option to kind of decide what standards and assessments best meet the students that they serve,” Upson explained, “Now, I know that because of the Every Student Succeeds Act, we have to have a uniform assessment, but I have gotten feedback from teachers in the Eastern Panhandle that we just mandate too much from in Charleston, and so they would like to see a lot more flexibility and control at the local level.”

House Bill 2443 has also been second referenced to House Finance, and Delegate Upson says the House will likely consider the Senate’s version of the bill which has already been approved by the chamber.

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