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WV Citizen Action Group Action Alert |
April
1 2013 Alert Archive |
Crossover Week
By Gary Zuckett, garyz@wvcag.org
This Wednesday, bills must be passed out of their house of origin to
stay alive. As we wrote in last Friday’s update, several of our bills
are on their way to make this legislative hurtle. The Clean
Elections/Public Financing for Supreme Court bill that makes the 2012
pilot project permanent is one of these. A bicycle safety bill (HB3021)
we’re working on with WV Connecting Communities is also on the move.
The Energy Efficiency bill did not make the grade. Last Friday the House
Judiciary Committee failed to move the bill to the floor. The vote was
an 11-11 tie when hands were counted and a majority was needed to pass.
The “rest of the story” on this bill was that King Coal had decided that
making power companies consider Efficiency and plan ahead for the least
cost power production was anti-coal. See Stacy’s article for the sorry
details.
On the Sunday Paper’s front page was
an article by Ken
Ward outlining another Efficiency fight – the sale of several WV
based - but out-of-state owned - coal-fired power plants. Ken’s article
quoted both Citizen Action and Energy Efficient WV in opposition to the
corporate shell game proposal to dump these more expensive power
generation facilities onto WV rate payers. Yes, our utilities currently
purchase much of our power from them. No, we don’t need to own them to
buy the power since it would increase rates significantly for the
majority of WV power customers. We’ve filed at the WV Public Service
Commission to intervene in both the AEP and First Energy filings to ask
the question – are these transfers of ownership the best use of WV
ratepayers money? Since WV is a regulated monopoly when it comes to
utilities, the power companies must get permission to dump these
“assets” on their WV affiliates and force us to pay off billions in
inflated acquisition costs on our electric bills. No thanks!
Congress is in recess and our Representatives and Senators are back
home. This is a good time to ring them up and let them know that you
don’t want cuts to social programs like Headstart, Medicaid, Medicare
and Pell Grants – but instead let’s make some measured drawdowns in
Pentagon funding now that Iraq and Afghanistan are winding down. Call
Senator Manchin and tell him to repeal the Sequester on social programs
but keep it for the Pentagon. Here’s a handy toll-free number that will
connect you to his office – 1.888.872.1238
Thanks once more goes to those who have taken the time to send in a
check in support of our work here at the Legislature. The drama ends at
midnight on April 13th. So there is still time to get your contribution
matched dollar for dollar by our cranky major donor! Sent them to 1500
Dixie St. Charleston, WV 25311.
Bills to Expand
Disclosure, Fill Vacancies in Elected Offices Advance
By Julie Archer, julie@wvcag.org
In addition to HB 2805, which would make the public financing a
permanent part of WV Supreme Court elections, two other significant
election reform bills have cleared the committee process in the
house of origin.
SB 604 would restore various types of non-broadcast media – mass
mailing, telephone banks and billboards – to the definition of
“electioneering communication” in West Virginia’s disclosure law,
which came in response to millions of dollars spent on negative
political advertising during the state Supreme Court race in 2004..
The law includes a provision requiring disclosure of those who
contribute to organizations that sponsor “electioneering
communications” — political ads that mention a candidate and are
released within a certain number of days before an election. In July
2011, a U.S. District Court judge struck down key provisions of the
law, including the state’s attempt to apply disclosure to
non-broadcast media, such as mass mailings and newspaper ads.
However, the Fourth Circuit recently affirmed that West Virginia can
constitutionally require disclosure of both broadcast and
non-broadcast media, observing that “there is no reason why the
public would not have [the same] interest in knowing the source of
campaign-related spending . . . [in] print” as it does in broadcast
ads. You can read more about the Fourth Circuit’s ruling here --
http://www.brennancenter.org/blog/fourth-circuit-upholds-most-challenged-w-va-disclosure-laws.
SB 527 would update the process by which vacancies in elected office
are filled. The legislature has been kicking around ideas for how to
deal with the issue since the death of U.S. Senator Robert C. Byrd
triggered a special election in 2010, which was followed by a court
ordered special election for Governor in 2011. SB 527 repeals
provisions in state code created specially to deal with those
vacancies and establishes a new process for how these situations, as
well as vacancies for other elected offices will be handled in the
future. The bill sets procedures and requirements for appointing and
filling vacancies for various offices, and establishes timelines for
when election must be held to fill those vacancies. The bill
requires most elections to fill vacancies to be held in conjunction
with regularly scheduled elections, but sets procedures for special
filing periods and holding special elections that cannot be held
with in the specified timeline to fill a vacancy for a particular
office.
Both bills are on scheduled to be voted on by the Senate today
(Monday).
Courage
By Norm Steenstra,
norm@wvcag.org
Earlier in the session the House of Delegates voted 94-4 to strip
individual cities and towns from passing gun purchase ordinances.
The bill moved over to the senate for consideration and the dung hit
the fan. Gun nut advocates flooded the senate switch board and
emails demanding that the bill be acted upon at once. Threats were
made, a pro-gun rally was staged and Senator Herb Snyder was told
that “you won’t go home from Charleston.”
Keep in mind that the whole mantra of the right wing is advocating
control except in cases where locals might do something that is
controlling their issues. The four cities that have stronger local
gun ordinances require longer waiting periods, back ground checks
and prohibit multiple handgun sales. The ordinances do not address
hunting rifles or for that matter so called assault weapons.
This week 3 senators took the lead in resisting gun-fanatics. Senate
President Kessler, House Judiciary Chair, Cory Palumbo, and
Government Organization Chair, Herb Snyder. All stood up to the
pressure. Kessler was quoted as saying “not on my watch, not ever.”
Chairman Palumbo who has an “A” rating from the NRA said that the
legislature shouldn’t remove Charleston’s ability to choose its own
rules against gun crime. “I think Charleston should be able to make
that decision.” Chairman Snyder summarized the action of the pro-gun
side “This is just plain ugly. This is the nastiest thing I’ve seen
in 22 years of Public Service.”
Courage is not standard operation procedure at the legislature, but
this session 7 legislators have demonstrated the courage to stand up
to institutional bullying and deserve to have history preserve their
effort. Thank you Kanawha Delegates Meesha Poore, Nancy Guthrie and
Danny Wells. Thank you Delegate Stephen Skinner of Shepherdstown and
Senators Kessler, Palumbo and Snyder. You inspire us all.
Clean Elections, Fair Courts: Take Action to Make Public Financing a
Permanent Part of WV Supreme Court Elections
By Julie Archer,
julie@wvcag.org
In 2010, West Virginia made history with the passage of the WV
Supreme Court Public Campaign Financing Pilot Project, followed by
its success in the 2012 election.
The WV Legislature is currently considering whether to make public
financing a permanent part of state Supreme Court elections.
This Wednesday, the full House of Delegates will vote on HB 2805,
making the WV Supreme Court Public Financing Program permanent.
It is essential that judges be fair and impartial, with no
possibility of influence by financial supporters.
You can help us continue to advance public financing of elections in
West Virginia.
Please let your Delegate(s) know that public financing of judicial
elections is vital to protecting the fairness and impartiality of
the West Virginia Supreme Court of Appeals. Urge them to support HB
2805.
You can find contact information for your Delegate(s) at:
http://www.legis.state.wv.us/
Here’s an example of what you can say:
Dear Delegate ___________,
Please support of HB 2805, which would make permanent the successful
program for public financing of state Supreme Court elections.
In response to scandals involving the state Supreme Court, the
legislature established the public financing program to help restore
confidence in our judiciary -- making us an example for the rest of
the country. It is essential that judges be fair and impartial, with
no possibility of influence by financial supporters. Making this
program permanent will help ensure the fairness and impartiality of
the West Virginia Supreme Court of Appeals.
You can also show your support by signing our petition to the WV
Legislature and Governor Earl Ray Tomblin:
http://signon.org/sign/keep-public-finance-in?source=c.em.mt&r_by=6372677
Thank you for taking action in support of Clean Elections and Fair
Courts.
Energy Efficiency Bills Killed in Committee
By Stacy Gloss,
stacy@wvcag.org
First, a heartfelt thank you for following House Bills 2210 and 2803
with us through the Legislative Session. If you did, thank you for
contacting your delegates on the behalf of stronger energy efficiency in
West Virginia – where WV ranks 49th in the nation in terms of energy
efficiency initiatives; where our electricity rates have risen for AEP
Appalachian Power customers 68% between 2000 and 2011, and FirstEnergy’s
by 39%*; and where WV still has the 11th lowest electric rates in the
country but the 26th highest utility bills. Energy Efficient West
Virginia has fought and will continue to fight for common-sense policies
and practices that will help businesses and residents get their
electricity bills under control.
House Bill 2210 was a bill that would support energy efficiency resource
standards for WV. House Bill 2803 was a bill that would require the
Public Service Commission to routinely ask our regulated utility
companies to submit Integrated Resource Plans to the PSC as a long range
planning tool to plan for future electricity generation in the midst of
a volatile energy market.
In meetings with members of the House Judiciary Committee we learned
that there was too much opposition by Appalachian Power and First Energy
to any requirement of meeting energy efficiency targets. House Bill 2210
was dead on arrival. Integrated Resource Planning took a different path.
As written the IRP bill was more palatable to our supporting delegates
as it codified a practice the industry has said they already do. If the
electricity utility industry has been asked to submit plans to the PSC
in certain cases, it should be no problem for the utilities to include
energy efficiency in their planning analysis and submit their plans to
the PSC for review on a consistent basis every two years. The
legislature makes policy decisions for the PSC and it is within the
legislature’s ability to set an IRP policy which 34 states in the US
already use in some form. Integrated Resource Planning was introduced on
Friday afternoon by committee substitute in the House Judiciary
Committee.
Though members of Energy Efficient West Virginia went into the meeting
feeling confident that the majority of the committee would vote for the
bill, we left the committee stunned and disappointed. The committee
meeting was run mostly by Del. Tim Manchin, Vice Chair of the Committee
while it was evident that Chairman Tim Miley and the Committee’s
Attorney were involved in closed-doors negotiations with members of the
coal lobby. When our bill was finally introduced by the Committee’s
attorney, it was introduced as an environmental bill defined as taking
into consideration the environmental impacts of coal fired and natural
gas industry on electricity. This was going about as wrong as it could
have. Integrated Resource Planning is a planning tool for the PSC, it is
not an environmental bill. Members of the committee asked questions
demonstrating clearly they did not understand. Questions included "will
this bill require the utilities to monitor peoples' energy consumption?"
and "isn't this going to require them to look at the environmental
impacts of coal generation?" and "are there other states that have
coal-fired electricity with integrated resource planning?" Nobody called
on the experts in the room - Byron Harris, Director of the Consumer
Advocates Division of the PSC or Ryan Palmer, one of three Commissioners
on the PSC.
Before we could blink the Integrated Resource Planning Bill was put to a
vote despite misconceptions about the bill. About half the voices in the
room voted “I” and half yelled “No”. So, the delegates had to raise
their hands instead. It was an 11-11 tie. After the tie, no delegates
requested further clarifications on the bill. The democrats who voted
against it were Marcum (D-Marcum), Ferro (D-Marshall), and Moore
(D-McDowell). I was the most shocked by Del. Cliff Moore’s vote, an
original co-sponsor of the Integrated Resource Planning Bill. His vote
was the difference between the bill passing and failing to pass. As I
reflect, I keep coming back to feeling that our bill had gotten wrapped
up in the back-room coal lobby negotiations. It seems the WV Legislature
is divided between three parties, not two - the Republican Party, the
Democratic Party, and the Coal Party. Misinformation about our bill
branded it as an environmental bill that would threaten coal. IRP would
do no such thing. It is sad, because Integrated Resource Planning would
ultimately provide the PSC with a planning tool that in the long term
would benefit families and businesses struggling across West Virginia
including those in our poorest counties in the Southern Coalfields of
WV.
*March 30, 2013, Ken Ward Jr. “Sales of Coal Plants Raise Concerns”
accessed
http://www.wvgazette.com/News/201303300083
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