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Senate Completes Bill to Eliminate Tax Burden on Pleasants Power Station

Senate Floor Session

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July 23, 2019

Senate Completes Bill to Eliminate Tax Burden on Pleasants Power Station

The Senate acted quickly Tuesday afternoon, unanimously passing House Bill 207, which eliminates the business and occupation tax for all merchant power plants, and specifically, the Pleasants Power Station.

The legislation defines a merchant power plant as “electricity generating plant in this state that is not subject to regulation of its rates by the West Virginia Public Service Commission, sells electricity it generates only on the wholesale market, does not sell electricity pursuant to one or more long-term sales contracts, and does not sell electricity to retail consumers.”

The tax has brought in about $12.5 million a year for the state.

The Longview Power Plant, also a merchant plant, has a local exemption, which has created a unique tax burden for the Pleasants Power Station, according to lawmakers and officials. Lawmakers acted quickly to ease this burden and create a level playing field.

Also on Tuesday, the Senate completed action on HCR 104 and HCR 105, resolutions that approve the draw down of an additional $800 million in road bond money.

The Senate has adjourned subject to the call of the President.

House Passes Bill Exempting Power Plant from B&O Tax

House Floor Session

Andrea Lannom

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July 23, 2019

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House Passes Bill Exempting Power Plant from B&O Tax

The House passed a bill Tuesday that would exempt the FirstEnergy Pleasants Power Station from the business and occupation tax.

Gov. Jim Justice added the bill along with other measures in a fifth amended special session call. The bill was read a first time Monday and referred to the House Finance Committee, which advanced the bill that evening.

The House took up House Bill 207 for immediate consideration and suspended the constitutional rules requiring that the bill be read on three separate days.

The bill would exempt merchant power plants from the business and occupation tax. It defines a merchant power plant as “electricity generating plant in this state that is not subject to regulation of its rates by the West Virginia Public Service Commission, sells electricity it generates only on the wholesale market, does not sell electricity pursuant to one or more long-term sales contracts, and does not sell electricity to retail consumers.”

The exemption originally was set to go into effect July 1, 2020. However, the House adopted an amendment that would move up the effective date to Jan. 1, 2020.

The FirstEnergy Pleasants Power Station in Willow Island is classified as a merchant power plant. The governor said in a press release he wanted the bill to keep the power plant from closing.

The plant originally was scheduled for closure in January. However, as part of a bankruptcy court settlement, the plant was set to remain open through 2022. FirstEnergy Solutions CEO John Judge told Finance Committee members Monday the bill was needed to create a level playing field.

The bill passed 77-5.

The House also took up for immediate consideration and passed House Bill 210. This bill would dedicate $200,000 to the State Auditor’s general admission fund to cover costs of transparency initiatives in the previously-passed education bill.

House Bill 210 passed in an 80-1 vote.

The House reconvened at 6 p.m. and adjourned Sine Die.

House Finance Advances Power Plant Bill

House Floor Session

Andrea Lannom

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July 22, 2019

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A bill exempting merchant power plants from the business and occupation tax advanced out of committee Monday.

The House Finance Committee took up and passed two bills in its Monday afternoon meeting. Gov. Jim Justice added the two bills, along with two others referred to the Judiciary Committee, in a fifth amended special session call.

House Bill 207 would exempt merchant power plants from the business and occupation tax. The bill defines merchant power plant as: “electricity generating plant in this state that is not subject to regulation of its rates by the West Virginia Public Service Commission, sells electricity it generates only on the wholesale market, does not sell electricity pursuant to one or more long-term sales contracts, and does not sell electricity to retail consumers.” The exemption would go into effect July 1, 2020.

In a press release of his amended call, the governor said he wanted a bill to keep the FirstEnergy Pleasants Power Station in Willow Island from closing. The plant is classified as a merchant power plant.

FirstEnergy Solutions CEO John Judge told lawmakers the bill would create a level playing field for the plant. He also cited an August deadline for bidding into the next capacity auction as a reason for the bill.

The committee also advanced House Bill 210, which would dedicate $200,000 to the state Auditor’s general administration fund to cover costs of transparency initiatives included in House Bill 206, the omnibus education bill, which passed last month.

House Reconvenes Special Session

House Floor Session

Andrea Lannom

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July 22, 2019

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The House reconvened the special session Monday, taking up four bills added to the call.

Gov. Jim Justice issued a fifth amended proclamation, adding these bills to the call. These bills were taken up for immediate consideration, read a first time, and then referred to committees.

Two bills – House Bill 207, which would exempt merchant power plants from the business and occupation tax; and House Bill 210, a supplemental appropriation to the state Auditor’s office – were referred to the House Finance Committee.

Two others were referred to Judiciary – House Bill 209, which provides recovery work done during a state emergency to be subject to competitive bidding; and House Bill 208, which relates to applicant licensure requirements for the West Virginia Alcohol Beverage Control Administration.

Two resolutions were adopted – both relating to issuing bonds for the Roads to Prosperty Amendment:

House Concurrent Resolution 104– Providing for the issuance of not to exceed $600 million of bonds pursuant to the Roads to Prosperity Amendment of 2017.
House Concurrent Resolution 105– Providing for the issuance of not to exceed $200 million of bonds after July 1, 2020, pursuant to the Roads to Prosperity Amendment of 2017.

Five bills completed legislative action Monday:

House Bill 132– supplementing and amending existing items of appropriations to the Department of Agriculture.
House Bill 193– Relating to a statewide school personnel job bank.
Senate Bill 1056– Supplementing and amending items of appropriation to State Board of Education, State Aid to schools.
Senate Bill 1057– Supplementing and amending items of appropriation to State Board of Education.
Senate Bill 1058– Supplementing and amending item of appropriation to Higher Education Policy Commission.

The House is adjourned until 9 a.m. Tuesday.

LOCEA Hears Updates from HEPC, CTC programs

Interim Report

Andrea Lannom

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July 22, 2019

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LOCEA Hears Updates from HEPC, CTC programs

The Legislative Oversight Commission on Education Accountability heard reports from the West Virginia Council for Community and Technical College Education and the Higher Education Policy Commission in Monday morning’s interim meeting.

Sarah Tucker, chancellor of the West Virginia Council for Community and Technical College Education, informed committee members on a $4 million grant from the U.S. Department of Labor for the Apprenticeships in Motion program.

Tucker said the council partners with 17 employers and helps students prepare for careers by providing them with on-the-job training through apprenticeships.

Elizabeth Manuel, director of student services with the HEPC, presented an overview on the GEAR Up program.

GEAR UP – Gaining Early Awareness and Readiness for Undergraduate Programs — is a federally funded program in 10 counties that helps students on their journey to earn college degrees, certificates or high school diplomas. These 10 counties are Boone, Fayette, Mason, Mercer, Mingo, Nicholas, Summers, Webster, Wirt, and Wyoming.

The program, which is managed by the HEPC, began in 2014 and works in seven-year cylces with the most recent grant concluding in 2021. Manuel told the committee that since the program was established, more than 10,000 students have been served. In the 2018-2019 school year, more than 3,900 have received direct GEAR Up services.

Manuel said outside evaluations showed students in the program had an increased knowledge of financial aid, an increase in the percentage of students who correctly estimated the cost of a four-year or two-year degree. Evaluations on the program also showed 89 percent of cohort students and 80 percent of priority students planned to continue their education beyond high school. Students who did not plan on continuing education cited cost as the biggest reason why.

Manuel said cohort students who experienced food insecurity—which made up 11 percent of the overall cohort student population but evaluators believed could be higher – were less likely to be able to pay for college. Manuel said 41 percent said they thought they could afford to attend college compared to 65 percent of those who did not experience food insecurity.

The committee also heard from Chris Treadway, senior director of research and policy with the HEPC. Treadway updated lawmakers on data collection and reporting. Treadway went over several metrics including higher education at a glance, financial aid, and workforce outcomes—which can be found through the data and publication section of the HEPC’s website.

Senate Completes Action on Education Reform Bill

Senate Floor Session

Christopher Marshall

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June 24, 2019

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Senate Completes Action on Education Reform Bill

After lengthy debate, the Senate completed legislative action on House Bill 206 Monday evening on an 18-16 vote.

Like previous versions of education reform bills from this Legislature, the bill includes a variety of changes to the education system including pay raises, charter schools, increased support personnel for schools, open enrollment, incentives to fill in-demand positions and financial support for small or struggling counties.

This completed version of the legislation allows the initial establishment of up to three charter schools until 2023. After that, every three years there could potentially be three more. The State School Board would report to the Legislative Oversight Commission on Education Accountability (LOCEA) by Nov. 1, 2022 and every three years thereafter, on the status of the state’s charter schools. LOCEA would report its findings and recommendations, if any, to the Legislature during its next regular session.

The bill now heads to the Governor’s desk to await his signature to become law.

Following the passage of the education bill, the Senate passed 3 supplemental appropriation bills (Senate Bills 1056-1058) that fund the education bill.

The Senate has adjourned subject to the call of the President

Senate Completes Action on 14 Bills, Send Two Back to House With Amendments

Senate Floor Session

Christopher Marshall

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June 24, 2019

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Senate Completes Action on 14 Bills, Send Two Back to House With Amendments

The Senate quickly suspended the constitutional rules requiring a bill be read on three separate days to complete action on 14 supplemental and miscellaneous bills Monday evening.

The completed bills include: SB1027, House Bills 113, 144 and 146 as well as House Bills 148-157.

House Bills 132 and 193 were amended and sent back to the House.

House Bills 158-163, as well as 174 and 192 were referred to the Senate Education Committee. These are the individual education bills the House of Delegates passed last week.

The Senate took a 15 minute break prior to consideration of House Bill 206, the House’s omnibus education bill.

House Passes Originating Education Bill

House Floor Session

Andrea Lannom

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June 19, 2019

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Following hours of amendments and debate Wednesday evening, the House of Delegates passed House Bill 206 on a 51-47 vote.

During this three-day session, the House split into four education committees with House Bill 206 originating in House Select Committee on Education C. Senate Bill 1039, the Student Success Act, was referenced to this committee, but the committee instead took up the originating bill.

Like previous versions of education reform from this Legislature, House Bill 206 includes a variety of proposed changes to the education system, including pay raises, charter schools, increased support personnel for schools, open enrollment, incentives to fill in-demand positions and financial support for small or struggling counties.

However, the bill marked several changes from Senate Bill 1039.

As passed out of House Select Committee on Education C, the bill capped charter schools at 10, providing charters to go into effect for the 2021 school year. Before applying to form a charter school, a group would have to have or have submitted an application for a 501(c)(3) tax-exempt status. Higher education institutions also could submit applications to form charter schools.

County school boards would then make the decision whether to approve the application except in cases where the state school board intervened in the school system’s operations or in cases where the county school board forwarded an application to the state school board.

The committee hosted a public hearing Wednesday morning on the bill and took up House Bill 206 in the afternoon session.

During amendment stage, 21 changes were considered, with 14 adopted into the bill.

The biggest change to the bill came from a floor amendment offered by Delegate Espinosa (R-Jefferson, 66) and adopted by the body.

The amendment would initially establish three pilot charter schools until 2023. After that, every three years, there could potentially be three more. The State School Board would report to the Legislative Oversight Commission on Education Accountability (LOCEA) by Nov. 1 2022, and every three years thereafter, on the status of the state’s charter schools. LOCEA would report its findings and recommendations, if any, to the Legislature during its next regular session.

The bill now goes to the Senate for consideration.

The House has adjourned pending the call of the Chair.

House Passes 20 Bills Prior to Consideration of Education Bill

House Floor Session

Andrea Lannom

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June 19, 2019

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House Passes 20 Bills Prior to Consideration of Education Bill

The House convened Wednesday morning, passing 20 bills before taking up House Bill 206, an originating education bill, in the afternoon floor session.

In the morning floor session, the House passed the following bills:

H.B. 132– Supplementing and amending existing items of appropriations to the Department of Agriculture.
H.B. 144– West Virginia Business Ready Sites Program.
H.B. 146– Establishing and funding of substance use disorder treatment and recovery facilities.
H.B. 148– Making a supplementary appropriation to the Executive, Governor’s Office.
H.B. 149– Making a supplementary appropriation to the Executive, Governor’s Office, Civil Contingent Fund.
H.B. 150– Making a supplementary appropriation to the Department of Revenue, Office of the Secretary, Home Rule Board Operations Fund.
H.B. 151– Making a supplementary appropriation to the Department of Arts, Culture and History, Division of Culture and History, Lottery Education Fund.
H.B. 152– Making a supplementary appropriation by adding a new item and increasing the expenditure to the Department of Revenue, State Budget Office.
H.B. 153– Making a supplementary appropriation to the Department of Health and Human Resources, Division of Health, Central Office.
H.B. 156– Making a supplementary appropriation to the Department of Environmental Protection, Division of Environmental Protection.
H.B. 157– Making a supplementary appropriation to the Department of Military Affairs and Public Safety, Division of Homeland Security Emergency Management.
H.B. 158– Improving education by requiring the state board to establish rules for student accountability regarding performance.
H.B. 159– Relating to information technology access for the blind and visually impaired.
H.B. 160– Ron Yost Personal Assistance Services Act.
H.B. 161– Removing or revising obsolete, outdated, antiquated, inoperative, surplus or superseded provisions of code related to the School Building Authority.
H.B. 162– Removing antiquated, redundant, or expired provisions of the code for the administration of education.
H.B. 163– Removing sections of code relating to administration of education.
H.B. 174– increasing and promoting school innovation and flexibility.
H.B. 192– Removing certain fees for teaching.
H.B. 193-Relating to a statewide school personnel job bank.

Public Hearing Scheduled for Tuesday on House Education Bill

House Committee

Andrea Lannom

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June 18, 2019

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Public Hearing Scheduled for Tuesday on House Education Bill

The House Select Committee on Education Reform C will host a public hearing on a House education bill Tuesday at 8 a.m. in the House Chamber.

The House advanced House Bill 206 and other bills to third reading with right to amend. This is an originating bill that marked several changes from a bill that passed out of the Senate. An outline of some of the major changes can be viewed here.

The House passed 11 bills Monday:

S.B. 1015– Supplemental appropriation to the Secretary of State, General Administrative Fees Account.
S.B. 1017– Supplemental appropriation to the Department of Arts, Culture, and History, Educational Broadcasting Authority.
S.B. 1020– Supplementing and amending Chapter 31, Acts of the Legislature, 2019, known as Budget Bill.
S.B. 1021– Decreasing existing appropriation and adding appropriation to Department of Veterans’ Assistance.
S.B. 1023– Supplementing, amending, increasing, and adding items of appropriations to Attorney General, Consolidated Federal Fund.
S.B. 1024– Supplemental appropriation to Department of Agriculture Capital Improvements Fund.
S.B. 1025– Supplemental appropriation to DHHR, Division of Human Services for fiscal year ending June 30, 2019.
S.B. 1027– Adding new items and increasing existing items to various accounts. This bill heads to the Senate to concur with amendments adopted in the House.
H.B. 113– Establishing tax incentives for new business activity in qualified opportunity zones.
H.B. 154– Making a supplementary appropriation to the Department of Transportation, Division of Highways.
H.B. 155– Supplementing, amending, and increasing an item from the State Road Fund to the Department of Transportation, Division of Highways.

The House advanced 11 other bills to third reading with right to amend:

H.B. 132– Supplementing and amending existing items of appropriations to the Department of Agriculture.
H.B. 134– Increasing annual salaries of public school teachers and school service personnel.
H.B. 144– West Virginia Business Ready Sites Program.
H.B. 146– Establishing and funding of substance use disorder treatment and recovery facilities.
H.B. 148– Making a supplementary appropriation to the Executive, Governor’s Office.
H.B. 149– Making a supplementary appropriation to the Executive, Governor’s Office, Civil Contingent Fund.
H.B. 150– Making a supplementary appropriation to the Department of Revenue, Office of the Secretary, Home Rule Board Operations Fund.
H.B. 151– Making a supplementary appropriation to the Department of Arts, Culture and History, Lottery Education Fund.
H.B. 152– Making a supplementary appropriation by adding a new item and increasing the expenditure to the Department of Revenue, State Budget Office.
H.B. 153– Making a supplementary appropriation to the Department of Health and Human Resources, Division of Health, Central Office.
H.B. 156– Making a supplementary appropriation to the Department of Environmental Protection, Division of Environmental Protection.

H.B. 168– Establishing the West Virginia Equal Opportunity Education Scholarship program was taken up for immediate consideration and advanced to second reading.

The House is adjourned until 11 a.m Tuesday. The public hearing on H.B. 206 will take place at 8 a.m. Tuesday in the House Chamber and the House Committee on Rules will meet at 10:45 a.m. behind the House Chamber.