Blog – Page 138

Landfill Closure Bill Passes Finance Committee

House Committee

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February 13, 2019

A piece of legislation which would shift funding from the Landfill Closure Assistance Fund to local solid waste authorities passed out of the Senate Finance Committee, Wednesday.

A committee substitute for Senate Bill 147 came before members after being laid over from a previous meeting. The revised version offered minor changes to the language of the bill and corrected code mistakes. Following review of the substitute, lengthy discussions over landfill closures sparked debate between Senators.

Director of the Division of Land Restoration at the West Virginia Department of Environmental Protection, Rob Rice, addressed committee members to explain how the fund aids in closing the state’s landfills. Rice stated that the fund can only be used in situations where a funding need is present, yet currently, the state has five sites which unable to be filled due to a lack of overall funding.

Closures of these areas must follow multiple requirements, the main being a hypersensitive synthetic cap being placed on top of the landfill and monitored for the next 30 years. The director said that a portion of the landfill funding goes toward repairs of the caps and raised concerns over how the department would be able to complete various tasks if faced with a reduction of fees.

The Landfill Closure Assistance Fund currently stands at $19.5 million and an additional $33 million would be required to close the remaining landfills. If passed, the proposed legislation would reduce the amount attributed to the fund to a total of $5 million annually.

Following discussion between the DEP and the committee, Sen. Robert Plymale, D-Wayne, cited the 30 year monitorship of the areas as a negative impact on funding and asked if a potential reduction of monitorship could possibly go towards strengthening funding.

Rice explained under current DEP law, once a site is deemed stable it is returned to its original entity.

“Our goal is to get all these landfills stable and then returned to their owners,” Rice said. “Our goal isn’t to sit on these things forever.”

Following adoption of a conceptual amendment by Sen. Chandler Swope, R-Mercer, the committee motioned to agree to the committee substitute for Senate Bill 147 and report the bill to the full Senate.

Members also reviewed an originating bill relating to property tax adjustments resulting from regular levies. Committee chair, Sen. Craig Blair, R-Berkeley, explained that the bill is being originated by the committee due to time management issues which prevented the legislation to be introduced at the beginning of the session. The bill was reported to the full Senate with the recommendation to pass.

Senate Bill 29, which would create a five-year tax credit for businesses on post-coal mine sites, and Senate Bill 333, which would exempt automobiles 25 years or older from personal property taxes, were also reported to the full body.

Pensions Passed Originating Bill

Senate Committee

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February 13, 2019

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An originating bill was passed out of the Senate Pensions Committee, 2 p.m. Wednesday.

Senate Pending Originating Bill 1 relates to to prepayment of municipalities monthly required contributions. The proposed legislation would create a minor change by allowing municipalities to prepay monthly required contributions.

Following the reading of the bill committee chair, Sen. Mike Azinger, R-Wood, motioned to add Sen. Bill Hamilton, R-Upshur, Sen. Robert Plymale, D-Wayne, and Sen. William Ihlenfeld, D-Ohio as co-sponsors of the legislation.

The bill was unanimously reported to the the full Senate with the recommendation that it shall pass.

Also reported to the full Senate was Senate Bill 539, relating to accrued benefits of retirees in WV State Police Retirement System, Plan B, and Senate Bill 11, relating to retirement and pension benefits of certain PERS and Teachers Retirement System members who serve in Legislature.

Despite being on the agenda, Senate Bill 418 wasn’t brought before the committee.

Judiciary Committee Increases Regulations on Pawnshops

Senate Committee

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February 13, 2019

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The Senate Committee on the Judiciary held debates over Senate Bill 512, which would increase regulations on pawnshops, Wednesday afternoon.

The proposed legislation would require pawnshops to have video surveillance archived for minimum of 30 days. Many senators expressed concerns of this subsection of the bill. The original language had a minimum of 60 days, but Senator Boso proposed an amendment to drop the requirement to 30 days instead; which did pass.

After continued debate, the bill was passed by the Committee and will be reported to the full Senate to be voted upon.

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Agriculture Committee Approves New Grant Program, First of its Kind

Senate Committee

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February 13, 2019

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The Senate Committee on Agriculture and Rural Development discussed Senate Bill 383 Wednesday afternoon, which would create a new and innovative concept program for farmers throughout West Virginia.

The proposed bill would create the West Virginia Healthy Food Crop Block Grant Program. The program would provide an incentive of up to $10,000 per year to eligible West Virginia farmers who commit to growing fruits and vegetables that serve community health initiatives. The Program is meant for small independent farms throughout the state. If the legislation becomes law, this would be the first of its kind in the country.

The Committee approved the bill, which will be referred to the Senate Committee on Finance.

The Committee also discussed Senate Bill 344 which relates to the operation of state-owned farms. The bill would clarify language already in code that state-owned farms are managed by the commissioner of the Department of Agriculture.

The Committee approved the proposed bill, and will be reported to the full Senate to be voted upon.

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Senate Passes Military Court Legislation

Senate Floor Session

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February 13, 2019

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A bill which would establish a specialized military court was unanimously passed by the Senate during Wednesday’s floor session.

Sen. Ryan Weld, R-Brooke, rose to discuss Senate Bill 40, potentially legislation which would establish a Military Service Members Court program similar to a program which was disbanded in 2017. According to the Senator, the bill would right the wrongful closure of the previous program due to a false statement which described a lack of funding for the program.

The court would work similarly to the state’s court system while also providing specialized treatment programs to service members who have violated the law.

Weld stated that court would greatly impact the state’s veterans, many of who suffer with post traumatic stress disorder. National average shows that 20 service members take their life every day due to the effects of PTSD.

Following passage of the bill, the body reviewed Senate Bills 47, 153, 285, 291, 296, 345, 405, 461, 481 and House Bill 2446; all pieces of legislation were passed.

Senate Bill 153 would provide greater flexibility for making infrastructure project grants.
Senate Bill 296 would provide a 11-month window to permit members of PERS to purchase credited service.

The Senate took Senate Resolution 41, which recognizes the WV Kids Cancer Crusaders for their dedication and commitment to battling childhood cancer, under consideration. Senator Glen Jefferies, D-Putnam, rose in support of the resolution and urged passage by the body.

Prior to readings, three pieces of unfinished business were referred to committees following the introduction of Senate Bills 591 through 604.

Senate Bill 597 would conform state law to federal law for registration of appraisal management companies.
Senate Bill 600 relating to the preservation and disposal of biological evidence.

The following committees will meet today:

The Senate Committee for Agriculture Development will meet at 2 p.m. in 208W.
The Senate Committee for Pensions will meet at 2 p.m. in 451M.
The Senate Finance Committee will meet at 3 p.m. in 451M.
The Senate Judiciary Committee will met at 3 p.m. in 208W.

The following committees will meet tomorrow:

The Senate Committee Transportation and Infrastructure will meet at 9:30 a.m in 451M.
The Senate Committee for Health and Human Resources will meet at 1 p.m. in 451M.
The Senate Education Committee will meet at 2 p.m. in 451M.

House Government Organization Committee Considers Bills Pertinent to EMS Day

House Committee

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February 13, 2019

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The House Committee on Government Organization had a consideration of five bills at 9 a.m. on Wednesday, Feb. 13 in 215-E. All five of the bills considered on this day pertained to improving or revising West Virginia’s first responder services.

House Bill 2542 would expand access to emergency phone services by permitting the director of a county or municipality emergency telephone system to negotiate contracts for emergency mobile-phones in the county in the event landlines are unavailable.

This bill was passed unanimously and advanced to the House floor with recommendation that it pass.

Another bill that was advanced to the House floor was House Bill 2439. This bill would simplify the way WV volunteer fire departments document their use of state funds. Current statute requires these volunteer fire departments to report on their use of state appropriations by providing a report by a CPA, or by filing a sworn statement of expenditures which must be signed by the chief or director of the volunteer fire department. House Bill 2439 changes this by allowing these fire departments to undergo the simpler process of filing bank statements and check images instead of sworn statements of expenditures. The bill also provides a mechanism to issue out penalties to volunteer fire departments who misuse or misappropriate state funds, by allowing the state to withhold money in future instances.

House Bill 2411 was on the agenda for the House Government Organization committee as well, but this bill was tabled because most of its provisions were very similar to House Bill 2439.

The committee also had a consideration of House Bill 2958, a bill to allow the West Virginia State Auditor to conduct regular, 5-year audits of WV Volunteer fire departments to ensure the proper use of state money. This bill was also approved unanimously and advanced to the House floor with the recommendation that it pass.

House Bill 2830 was also advanced to the House floor on this day. This bill would establish Next Generation 911 services in the state of West Virginia. West Virginia is one of four states in the country that have yet to start establishing Next Generation 911 services, which allow users to communicate with emergency communication services through the use of text and/or multimedia message. The bill would provide for legislative findings, require a legislative report, and sets the parameters for which a commission would be established.

Delegate Michael Angelucci, D-Marion, expressed gratitude to House Government Organization Committee Chairman Gary Howell, R-Mineral, for putting bills pertinent to WV first responders on the agenda.

“Today is Emergency Medical Services Day at the Capitol,” Angelucci said. “Thank you for honoring our state’s first responders by putting these bills on the agenda and allowing us to consider them.”

Howell also expressed gratitude to WV’s first responders, saying that the thanks really goes to them.

“The honor goes to those who go out in the face of danger when we need it most,” Howell said.

The House Committee on Government Organization concluded their meeting by applauding these state workers, expressing gratitude for their hard work.

House Health and Human Resources Committee Considers Originating Bill

House Committee

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February 12, 2019

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The House Committee on Health and Human Resources convened at 2 p.m. on Tuesday, Feb. 12 in 215-E to consider five bills, one of which being a bill that would permit the Secretary of the Department of Health and Human Services to increase salary schedules for state DHHR employees.

The bill, an originating bill in the Health and Human Resources Committee, would permit the Secretary of DHHR to increase salary schedules in needed fields, such as Child Protective Services workers, nurses, dieticians, and other underserved fields. They would be permitted to increase the classification schedule to align with the market rate to better compete with the private sector.

“Bureaucracy is still slow,” said DHHR Secretary Bill Crouch. “We need to move quicker on these classifications.”

Crouch stated to the committee that upwards of $18 million has been paid to staffing agencies in order to find qualified DHHR employees, and that passage of the bill would alleviate some of that pressure. The Department of Health and Human Resources currently has 310 employees.

There was some concern in the committee regarding the amount of power the bill would give to the Secretary of the department if passed.

Delegate Andrew Robinson, D- Kanawha, spoke against the originating bill.

“This would give the department a sweeping grab of authority, and too much power,” said Robinson.

Delegate Matthew Rohrbach, R- Cabell, and Jordan Hill, R-Cabell proposed an amendment that passed. The amendment made some technical clean-up to the language that clarified the bill would apply to the entire Department.

After a lengthy discussion, the originating bill was voted to be advanced to the House floor with the recommendation that it pass.

The committee also had a consideration of House Bill 2849, a bill that clarified the process in which pharmacy technicians are registered in the state of West Virginia.

The bill specifically defines the scope in which a nuclear pharmacy technician can operate. It defines the nuclear pharmacy technician’s certificate and specifies the duties each category of pharmacy technician is permitted to perform under supervision of a licensed pharmacist.

House Bill 2849 was also advanced to the House floor with the recommendation that it pass.

Another bill that was advanced to the House floor was House Bill 2768, a bill that would make several clarifications to the Opioid Reduction Act that was passed by the WV Legislature last year.

The House Health and Human Resources also had a consideration of House Bill 2947. This bill would permit a physician practicing telemedicine to prescribe or order a Schedule II medication over a telemedicinal forum for immediate administration in the hospital.

This bill was approved by the committee, and now moves to the House Committee on the Judiciary for a second reference.

House Bill 2100, a bill that would establish a pilot program encourage WV schools to develop school-based mental health services in lieu of disciplinary, also passed through the committee on this day.

This bill uses existing mental and behavioral services in schools and encourages the utilization of these programs in a disciplinary fashion. House Bill 2100 would require the WV Department of Education to develop a pilot program to provide mental and behavioral health services as an alternative to suspending students for disruptive behaviors.

The bill passed through the committee unanimously, and was advanced to the House Education Committee for a second reference.

Energy Committee Passes Bills Relating to Natural Gas and Wells

House Committee

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February 12, 2019

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The Energy Committee met Tuesday to discuss two bills dealing with oil and gas leases and horizontal wells.

House Bill 2866 relates to the termination, expiration, or cancellation of oil or gas leases. The purpose of the bill is to require lessees to provide lessors with a recordable release for oil or natural gas leases, when the leases are expired, terminated, or cancelled under their terms.

The bill defines a procedure where lessors may attempt to document the invalidity of a lease in the public record, while also providing the operators an opportunity to dispute the invalidity before recordation.

There were several questions regarding to whom notice had to be provided and how the affidavit should be indexed in the county records. The committee amendment clarified that the lessor seeking the release should attempt notice on all of the lessees of record and any other lessees known to the lessor. The changes also require county clerks to record the affidavit under a larger group of names. The bill will be reported to the House after being referred to the Judiciary Committee.

House Bill 2834 updates and modernizes the minimum spacing provisions for the drilling of horizontal deep wells. In an effort to reduce the number of exceptions, this bill seeks to modify the powers and duties of the Oil and Gas Conservation Commission by imposing limitations under the commission’s duty to regulate horizontal deep wells. All other wells would be unaffected.

Under this bill, the commission may not impose spacing limitations of greater than 1,000 feet between horizontal deep wells operated by different operators or require a setback of more than 500 feet from a boundary that divides different operators.

Regarding spacing, a horizontal deep well is defined in the bill as only the estimated productive interval, being the perforated length of a horizontal section of the well bore in the target formation. The commission may not include the area of the well pad or vertical or angled portions of the well bore to calculate distances for horizontal deep wells, whether within or outside unit or lease boundaries.

This bill will also be reported to the House.

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Finance Sends Four Bills to Senate

Senate Committee

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February 12, 2019

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Four pieces of legislations were reported to the full Senate following review by the Senate Finance Committee, Tuesday.

Of the proposed bills, all were sent to the full body with the recommendation that they each should pass. Senate Bill 117, relating to incentives for consolidating local governments, received two conceptional amendments offered by Sen. Robert Plymale, D-Wayne and Sen. Chandler Swope, R-Mercer.

Following consideration of the other legislation, committee chair, Sen. Craig Blair, R-Berkeley, motioned for 117 to be reintroduced to the committee for reconsideration. The legislation then received a committee substitute and was given a second report to the full Senate.

Other bills reviewed by the committee were:

Senate Bill 259 intending to expanding the Coyote Control Program.
Senate Bill 502 which would exempt sales of investment metal bullion and coins.
Senate Bill 550 which would declare certain claims to be moral obligations of the state.

Education Reports Bill to Full Senate

Senate Committee

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February 12, 2019

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The Senate Education Committee reported Senate Bill 553 to the full Senate, Tuesday, Feb, 12.

The legislation, relating to federal fund for land-grant institutions, is also required to be reviewed by the Senate Finance Committee prior to coming before the Senate.

President of West Virginia State University, Anthony Jenkins, came before members of the committee to outline the university’s funding and explain the impacts of land-grants on the institution.

According to Jenkins, funding created through land-grants, federal government funding and state funding have enabled the university to help 20,000 residents within the state. Through passage of the bill, the state would donate $1.4 million to the university in order to match the funding supplied by land-grants, extending the university’s help throughout the entire state.

Jenkins urged the committee to consider passage of the bill by stating that land-grant funding could potentially be jeopardized if the state doesn’t match the full amount accredited by the federal government.

“There have been many conversations concerning the seriousness of funding,” Jenkins said. “If the federal government doesn’t believe the state is being serious, funding could be taken away.”

Following the committee’s agreement on the committee substitute, members motioned to report the bill.