Blog – Page 161

Natural Gas Committee Discusses Industry Updates, Pending Court Battle

Interim Report

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January 8, 2019

The Joint Committee on Natural Gas Development met with Bob Orndorff, state policy director, to discuss positive workforce data for gas-related construction in West Virginia.

Since 2016, employment has increased by 28 percent from 13,408 to 22,514 jobs in West Virginia.

Additionally, the total direct wages from the industry has increased from $1.1 billion in 2016 to $1.5 billion 2017, marking a 36.4 percent increase. Through the first two quarters of 2018, the direct wages are upwards of $935 million, and is expected to surpass last year’s quarter numbers.

Orndorff also gave the committee updates on the current pipelines constructed in West Virginia, including: Atlantic Coast Pipeline, Mountain Valley Pipeline, and the TransCanada’s Mountaineer Express.

Orndorff also asked the committee to consider new legislation for the 2019 session. Some of his proposals included creating opportunities to use natural gas in West Virginia through amending Senate Bill 390, enhancing the community college system to support the industry, promoting storage hubs, and supporting the pipeline development.

The committee asked Orndorff specific questions about four permits currently suspended for a pending court case in the 4th Circuit of Appeals. The permits pertain to the Atlantic Coast Pipeline, crossing the Appalachian Trail, and the Monongahela National Forest.

The 4th Circuit will hear the case in March of this year and if they win, then construction of the pipeline may continue. If the industry loses in March, Orndorff said they will appeal to the U.S. Supreme Court.

Wild Horse Population in Southern West Virginia Increasing

Interim Report

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January 8, 2019

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Wild horse populations in southern West Virginia are on the rise and problems are increasing because of it.

In Tuesday’s meeting, the Parks, Recreation and Natural Resources Subcommittee heard from a West Virginia horse rescue executive director on problems the state is experiencing. The committee also heard advice from a Kentucky horse rescue executive director on how Kentucky is handling their free-roaming horses.

Tinia Creamer, executive director of the Heart of Phoenix Horse Rescue, said the free-roaming horse population in southern West Virginia is a problem – with about 2,000 horses in Mingo and McDowell counties in 2014. This is more than the state can geographically handle, Creamer said.

“Horses just can’t be sustained by the land in West Virginia,” Creamer said. “We can hardly maintain 500.”

Creamer has been involved with the care and assistance to these horses for 10 years. The Heart of Phoenix Horse Rescue is the largest horse rescue in West Virginia and the only equine training program in West Virginia.

Wild horses also cause a lot of danger on the roads, not just in crossing. In order to get nutrients they need to survive in the winter months, horses will stay in the roads to lick the salt off the surface. This presents a danger for drivers and horses.

Creamer also said that there are rescues nationwide and vet schools willing to help in the humane and safe removal of some of these horses to adoption shelters and sanctuaries.

“These horses are not coming from owners. Owners actually care about and take care of their horses,” Creamer said. “These horses are coming from horse traders who have thin, sick horses and are trying to increase their weight by releasing them on mine lands. These lands are not safe for horses and we have found horses either dead in spaces where they couldn’t get out or with catastrophic injuries.”

Ginny Grulke, executive director of the Appalachian Horse Center of Kentucky, spoke to legislators about her work with free-roaming horses and how they are cared for in Kentucky. The West Virginia Department of Natural Resources is researching how other Appalachian states are caring for free-roaming horses.

Creamer asked the committee to consider legislation to create a legal fee for abandoning horses and to make changes to the stray holding period.

Gary Foster, Assistant Chief for Game Management, presented the Big Game Report for 2018. Foster said national surveys show West Virginia averaged $400 million in revenue for hunting. In his report for the archery and crossbow season, crossbows are half the harvest legally collected and have become more popular since crossbow legislation passed in 2015. The buck firearm harvest had about 250,000 hunters participating as well.

Some new seasons are also coming in the spring, one would only allow the use of more primitive weapons such as muzzleloaders and bare bows.

Foster also updated legislators on elk introduced to West Virginia. He said West Virginia’s elk are doing well on reclaimed mine lands. He said he is looking to bring in more elk in 2020 and look for another release site.

Sen. Mark Maynard, R-Wayne, asked Foster whether he took a position on baiting bears. Foster cited one of his agency’s surveys that showed the public was not accepting of baiting bears. He said although baiting is highly effective for killing bears, there is a very high risk of disease and parasites spreading to other big game animals. He also said there have been a few cases of mange seen in some black bears in West Virginia.

Energy Committee Meets to Discuss Permit Specifics

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January 8, 2019

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The Joint Standing Committee on Energy convened at 3 p.m. on Monday, Jan. 7^th, in the House Chamber to discuss natural gas industry permits. The informational

committee meeting featured two administrators of the state energy industry, and focused on the process of applying for a permit to drill for oil and gas.

James Martin, the Director of the Office of Oil and Gas within the West Virginia Department of Environmental Protection, provided an in-depth look at the civilian and commercial processes of applying for a permit to drill wells in the state of West Virginia. Several components are involved in applying for a permit and being approved for a permit, including compliance with the Water Management Plan and the Well Site Safety Plan, as well as many other regulations. These ensure that potential drill locations preserve the state’s water resources and the quality of fracturing operations within the state.

The numerous steps that one has to take in order to get a permit through the West Virginia Department of Environmental Protection are cause for a lengthy timeframe in getting permits approved and issued. Martin cites that most of the wells that were permitted for the fiscal year of 2018 took 95-100 days to process and approve.

“A lot of this impact on our timeframe has to do with internal staffing,” Martin said.

Martin discussed the fact that the West Virginia Department of Environmental Protection suffered a significant loss of specialized employees in the past year, but they have hired on enough new people to keep up with permit applications for the year 2019.

Another issue raised to Martin during the committee was the issue of orphaned wells in the state of West Virginia. There are currently 4,600 abandoned, nonfunctioning wells in the state. Delegate John R. Kelly (R-Wood) raised concern about the rate at which wells are being plugged.

Martin cited the fact that it costs about $65,000 to plug each well in the state, and for that reason, only one was plugged last year. Martin said that it’s difficult to plug wells without the assistance of federal funds, but that the West Virginia Department of Environmental Protection was making a concentrated effort to plug five or six more before the next fiscal year ends.

“We’re definitely making it a goal to fill more of these wells this year, and we can do it with the staff we have now,” Martin said.

Gary Clayton, the Oil and Gas Coordinator for the West Virginia Department of Transportation, also stood before the Energy Committee to discuss how pipe-liners are permitted to drill within the state. Clayton assured the committee members that the Department of Transportation is committed to safety and a fair permit approval process.

Delegate Dave Pethtel (D-Wetzel), asked Clayton what was going to be done to address the frustrations that exist within his constituents in Wetzel County.

“Many people are frustrated with the state, they think that there is a lack of concern for secondary roads, and that driving situations are made more dangerous,” said Pethtel.

Clayton assured the committee that the state was committed to hold pipelining companies accountable for road damages, and that they would continue to be committed to ensure the safety of West Virginia citizens through a thorough permitting process.

“Safety is our primary concern here,” Clayton said.

Lawmakers Discussed Solutions to the Opioid Epidemic, Benefits to the use of Medicaid

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January 8, 2019

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The Joint Committee on Health heard two presentations in Monday’s interim meeting including a proposed starting point for West Virginia to address substance use.

Mark York, Director of the McDowell County Drug Project gave a presentation alongside Blades Williams, 12 year recovering drug user, on what they propose as a starting point for West Virginia to tackle the drug problem.

York showcased a mock website, called the “Opioid Injury Helpline,” which can be used to help people find the help they need. The website will be used as a database for every county in the state to direct those who are addicted to drugs to the right place.

Williams also recommended having intensive outpatient clinics for people throughout the state. Williams said unused storefronts throughout the counties would be a good option to consider.

The Committee also met with Cindy Beane, Commissioner of the Bureau of Medical Services (BMS). Beane discussed Medicaid uses within schools.

On average, $15 million a year is used in school base health services. Some of these services include nursing, speech language, and mental health.

Mental health has been provided on a school base, but the bureau plans to expand the mental health services already provided.

The committee has adjourned until 4 p.m. on Tuesday Jan. 8 in House Chamber, where it will be joined by the Joint Standing Judiciary Committee.

Standing Committee on Education hears progress in preventing child abuse

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January 7, 2019

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The Joint Standing Committee on Education heard updates on the West Virginia State Task Force, which was established to combat sexual abuse of children in the state.

The committee met Monday afternoon as part of the final interim meetings before the 83rd West Virginia legislative session begins on Wednesday.

Kate Flack, the executive director of the West Virginia Child Advocacy Network, addressed the committee, reflecting progress made last year in preventing sexual abuse of West Virginia students.

“I’m here to represent West Virginia children,” Flack said. “One in 10 of who are victims of sexual abuse before they turn 18.”

Last year, the West Virginia Child Advocacy Network worked in tandem with five state-based action groups and educational interests to fight for two pieces of legislation that ultimately passed unanimously in the House and Senate. House Bill 4402 and Senate Bill 465 were introduced last year with bipartisan sponsorship.

House Bill 4402 created the Body Safety Education, which establishes training protocol within West Virginia schools and educational programs.
Senate Bill 465 puts a stipulation on how facilitators report child sexual assault. Whereas the previous law required 48 hours to report, the bill requires a more stringent and rapid reportage time limit of 24 hours.

The West Virginia Child Advocacy Network, the West Virginia Association of Middle and Elementary School Principals, Step-by-Step, and many other advocacy organizations worked with legislators including Delegate Paul Espinosa, R-Jefferson, and Sen. Kenny Mann, R-Monroe –both of whom helped move these legislative initiatives forward.

Mickey Blackwell, the executive director of West Virginia Association of Middle and Elementary School Principals, commended the legislature for their cooperation in this matter.

“We started this mission with a lot of momentum, and then we flat-lined for a bit,” Blackwell said. “Delegates such as Espinosa and Mann helped pick the issue back up and we got a lot done in the last legislative session.”

Although the speakers said they were grateful for existing legislation that works to increase reportage efficiency and training, they also acknowledged there is more they want to accomplish.

Michael Tierney, director of Step by Step and Youth Serving Organization Action Group, talked about needed improvements to address sexual abuse in the state. He referred to the fact that many educational organizations, including 4H, don’t have the same access to training as K-12 schools and public universities. Tierney said more effort is needed to address these institutions to better equip them to deal with child sexual assault in the state. He also spoke on how the training attempts to communicate to children about sexual assault.

“Kids don’t need vague warnings about ‘stranger danger,’” Tierney said. “This makes children responsible for who is good and bad, and that’s our job as the grown-ups. We need to teach kids that they have the right to say no.”

Michelle Blatt, assistant state superintendent, said a lot of progress has been made in training improvements since House Bill 4402 was passed. However, the standing committee is still working with the task forces to improve outreach and training strategies to best reach out to victimized children.

State Supreme Court presents transparency measures, court overview

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January 7, 2019

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In Monday’s Joint Standing Committee on Finance, Chief Justice Beth Walker and other court officials presented a “Courts 101,” detailing the court’s functions and also outlined transparency measures the court has taken.

Walker began her presentation referencing the controversy in the court. Former Justice Allen Loughry was convicted on 11 federal charges and former Justice Menis Ketchum pleaded guilty to a federal wire fraud charge. Walker promised more open communication and transparency within the court.

Walker said the court adopted new travel policy initiatives that applies to everyone.

“It makes clear that state vehicles are not used for personal business,” Walker said. “It creates more accountability in checking vehicles out.”

The court has 19 state vehicles, all with new license plates and all enrolled in the state’s fleet management system, Walker said.

Walker said all property overseen by the court is now catalogued in the state’s OASIS system. She said the court also is working on a computer use policy and is drafting an employee handbook.

Cindy Largent-Hill, director of the Division of Children/Juvenile Services presented statistics for abuse and neglect cases, saying there has been an increase in the last few years. She said the number of petitions increased in 44 counties.

In 2011, there were 3,391 new abuse and neglect petitions and 5,770 petitions filed in 2017. In that same period, the number of overall new juvenile case filings decreased by 8 percent and West Virginia’s population of children under 18 decreased by 4 percent. Abuse and neglect petitions represent two-thirds of all juvenile cases filed.

Delegate Mick Bates, D-Raleigh, asked Walker whether she would take a position on a proposed creation of an intermediate court of appeals. Walker said she may but has not yet taken a position. Bates asked her if she had concerns, particularly how it would affect abuse and neglect cases.

“I do have grave concerns that it would impose another step on the abuse and neglect process. I’m worried about an additional delay,” Walker said. “Abuse and neglect has increased at a quick rate. … It’s growing every year.”

Court officials also gave an overview on topics including the state’s e-filing system and drug courts:

So far, 14 counties have completed implementation of the West Virginia E-Filing System and the court projected a completion date of 2021 for all county circuit and family courts.
Court officials also presented statistics on the state’s drug courts. There are 28 adult drug courts covering 46 counties and 16 juvenile drug courts covering 21 counties. In 2018, there were 550 adult drug court participants and 215 graduates. In that same time period, there were 168 juvenile participants with about 50 percent completing the program.

Delegate Nathan Brown Sworn into Office

Swearing-In Ceremony

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December 20, 2018

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Delegate Nathan Brown took the oath of office Thursday morning in the West Virginia House of Delegates chamber.

Brown, of Williamson, is a democratic member representing the 20^th District, which covers parts of Logan and Mingo counties.

Brown works as a lawyer. He received his bachelor’s from the University of Pikeville, his M.B.A. from the University of Charleston, and his J.D. from Appalachian School of Law.

Joining him in Thursday’s ceremony was his wife Brandy and sons, Garrett, Grayson, and Gavin. Assistant House Clerk and Parliamentarian Bo Hoover administered the oath of office.

Delegate Rodney Miller Sworn Into Office

Swearing-In Ceremony

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December 19, 2018

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Delegate Rodney Miller was sworn into office Wednesday afternoon in the West Virginia House of Delegates chamber.

Miller, of Madison, is a democratic member representing the 23^rd District, which covers part of Boone County.

Circuit Judge William S. Thompson, from the 25^th circuit, administered the oath of office. Miller’s son Michael, daughter Jennifer, wife Cozetta, and in-laws, Jim and Gay Salyer, assisted.

Miller is a retired sheriff/executive director of the West Virginia Sheriffs’ Association. He received his bachelor’s from West Virginia State University and associate degree from West Virginia University Institute of Technology.

Delegate Jeff Campbell Sworn Into Office

Swearing-In Ceremony

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December 19, 2018

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Delegate Jeff Campbell was sworn into office Wednesday in the West Virginia House of Delegates chamber.

Campbell, of Lewisburg, is a democratic member representing the 42^nd District, which covers parts of Greenbrier, Monroe, and Summers counties.

House Speaker Roger Hanshaw administered the oath of office. Campbell’s brother Danny, and cousins, Joann Carter, and Jerri Gillespie, assisted.

Campbell graduated from Concord College with a Bachelor of Arts Degree and a Bachelor of Science in Education. He was appointed to the House Nov. 9, 2017.

Delegate Chris Phillips Sworn into office

Swearing-In Ceremony

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December 17, 2018

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Delegate Chris Phillips was sworn into office Monday morning in the West Virginia House of Delegates chamber.

Phillips, of Buckhannon, is a republican member representing the 47^th district, which covers Barbour County and part of Tucker County. He works at a family business.

Assisting in Monday’s ceremony were Phillips’ girlfriend Lisa Weese; daughters, Cari, Annie, and Mimi; father Craig Phillips; son Logan Phillips; mother-in-law Candace Jacques; and brothers-in-law Matt Jacques, and John Sturn. House Clerk Steve Harrison administered the oath of office.