The Select Committee on Infrastructure met on June 13, 2022.

The Committee heard an update on broadband in West Virginia. A billion-dollar broadband investment from the Governor. Four programs for deploying assets. The targeted addresses will be reached with various funding programs. LEAD Program is the network line extension to get broadband to more addresses. GigReady provides technical assistance to various entities, such as cities and county commissions, to ensure areas are covered by fiber. Technical and Operational Financial Resilience Broadband Development impact is helping with the speed of market, speed of service, and feasibility. Wireless Internet Networks is the last state-created project. The Federal Government is going to start the Affordable Connectivity Program, which will help provide a monthly credit for broadband.

The Committee also heard an update on funding and projects involving water development in the state. AEP provided an update. Fiber projects have expanded into southern West Virginia. They are facing supply chain issues.

The Joint Committee on the Judiciary met on June 13, 2022 and heard three presentations.

The first presentation was on a draft interim bill regarding the West Virginia Consumer Credit and Protection Act. The act is Chapter 46a Article 7 Section 111. The act is intended to protect consumers from fraudulent schemes and other harmful practices. The AG has filed cases against several industries on the behalf of WV citizens including the tobacco industry, opioid industry and hearing aide dealers. The proposed language would restrict the statute of limitations to 10 years from violation of the Act. The proposed change would not be retroactive and could not be applied to cases which have already been filed. The point of having the AG bring a case against an industry is that there is strength in numbers and that is an important part of consumer protection.

The committee also heard presentations from the summer law clerks working for the House of Delegates. One presentation was on WV’s Freedom of Information Act. FOIA applies to public records only. Private records cannot be FOIA-ed. Fees may be collected if compiling the records takes more than one hour. If an individual is denied access to public records, action can be taken through the circuit court where the public record is denied. Penalties can be applied to a custodian who fails to fulfill the FOIA request. Attorney fees and court costs can be revered if an individual must take action after being denied access to public record.

The last presentation was on the WV Ethics Act. All public servants are subject to the Ethics Act. It is the code of conduct for public servants and prohibits individuals from knowingly and intentionally using their role to benefit in an unethically way. Employees cannot seek or be employed by a vendor the employee has public control over. The Ethics Commission was created in 1999 to enforce the Ethics Act and give formal advisory opinions to guide individuals. Members of the commission serve five-year terms and can only serve two consecutive terms.  The commission has nine members. The Probable Cause Review Board was created, and it is an autonomous board, which is not controlled by the Ethics Commission. Increasing the frequency of mandatory ethics training is a national trend. Many other states require training annually, every other year, or every three years. Another trend is including social media training as it has change the way public servants interact with the public.

Jennifer Ferrell, Director of Community Advancement for the state Economic Development Office, spoke to the Joint Committee on Flooding during interim meetings at the Capitol Sunday afternoon.

She informed the committee that West Virginia hopes to finish construction on 20 remaining homes through the RISE West Virginia program by early this fall. This comes nearly six years after nearly 400 homes were destroyed by devastating flooding. So far, 367 homes and 46 bridge projects have been completed according to Ferrell, with eight bridge projects remaining.

West Virginia was awarded $149 million in Community Development Block Grants for Disaster Relief by the U.S. Department of Housing and Urban Development. The state made its request to start using the money on Jan. 29, 2018, with approval granted on Feb. 20, 2018.

Ferrell informed the committee that the state has spent $90.7 million of the funds made available through HUD.

In a wider sense, committee chairman, Senator Chandler Swope (R-Mercer, 06) urged committee members to support calling on the Legislature to add flood mitigation to the list of subject matter it develops legislation for, now that federal funds are available for potential projects.

West Virginia received the second payment in May of $1.35 billion in direct state funding from the federal American Rescue Plan Act. The funds can be used for coronavirus-related expenses, as well as for specific infrastructure projects, such as broadband, stormwater and watershed infrastructure projects, including flood mitigation.

Bob Martin, director of the State Resiliency Office, also spoke to the committee on Sunday. He, along with Swope and state and local emergency management officials, took part in a two-day flood symposium last month.

The goal of the symposium was to review and update West Virginia’s flood protection plan, an 11-page document first completed in 2004. Martin told the committee the review should be completed by the end of the year.

The Legislative Oversight Commission of Education Accountability met on June 12, 2022. The commission heard from the Higher Education Policy Commission and the College and Technical Center Commission on the academic readiness of WV high school students. College-going rates of the class of 2020 have dropped below 50 percent. The presumption is that the COVID-19 pandemic played role in it, as it affected SAT and ACT taking and caused “zoom fatigue.” Many students wondered if it was worth it to pay for a remote college experience. Another factor in the decreased college-going rate is the opioid epidemic.

On a positive note, the average ACT score has increased in 25 counties. College going rate did increase in 20 counties. WV’s average ACT composite scores are in line with the national average. The composite scores are higher than the averages in Kentucky and Ohio.

The commission also heard an update on the Governor’s Nursing Workforce Expansion Initiative. The initiative is an investment of CARES funding. Several initiatives are happening and this update focuses on the education expansion. The funding has allowed for accelerated nursing programs and new programs, as well as prelicensure programs. Expanding enrollment has been a primary focus. Billboards were placed in areas with nursing programs, which also have fewer scholarship opportunities.

Several rules were presented to LOCEA from the HEPC, the State Board of Education, and WVSSAC.

WVHEPC, 133 SCR 12, the legislative rule extends the sunset date for capitol project management by five years from 2023.

WVHEPC, 133 SCR 42, legislative rule extended the WV Higher Education Grant program by five years.

WVHEPC, 133 SCR 55, legislative rule extended the sunset date for Human Resources Administration by five years from 2023.

Policy 1464 is the HEPC Drug-Free Workplace Policy. The changes to this policy are related to medical cannabis usage. An individual cannot be discriminated against for being a cannabis patient, however, they cannot have cannabis on school property, and they cannot be under the influence on property. CDL license holders (bus drivers) and those who must possess a firearm as part of job duties cannot test positive for cannabis under federal law. Therefore, they cannot use medical cannabis if they wish to retain these job roles.

Policy 2422.2 is the Driver Education Regulations and Restrictions Policy. The policy removes the eligibility driving certificate requirement as it is no longer necessary with the new law. Restrictions are listed for attendance and satisfactory academic progress. Exemptions are set forth to prevent restrictions relating to absences if the absences are due to circumstances beyond the student’s control.

Policy 2422.7 is the Standards for Basic and Specialized Health Care Procedures. The changes to the policy relate to student use and possession of medical cannabis in schools. Medical cannabis may be administered in schools by the caregiver. However, students cannot possess it themselves and it cannot be stored on school property. School nurses cannot administer cannabis, as it is not an FDA-approved substance.

Policy 2436.10 is the Participation in Extracurricular Activities Policy. It allows credits/grades earned from a non-public setting to be transferred to allow for academic eligibility in high school sports.

WVSSAC 127 SCR 1 amends the organization’s constitution to remove language about collecting dues, as they haven’t been collected in over 20 years.

WVSSAC 127 SCR2 are the provisions governing eligibility. Several changes were made to this section. First, it changed language relating to combining teams between middle school sports to include regional, not just counties, since some middle schools feed into a high school in another county. Middle school students have six semesters of play during middle school. This is to prevent holding students back just for athletic eligibility. International students who are not a part of a foreign exchange program will only be eligible for JV teams. This is to prevent schools from recruiting from other countries. Another change relates to an emancipated student not being recognized as a transfer. Language relating to “marriage” is removed. Non-school program participation may not take place during the school sports season. The only exemption to this is USA Swimming Junior National Championship. Middle School baseball games increased from 18 to 20, including tournaments sanctioned by WVSSAC. The number of quarters high school basketball players can play increased to six quarters in a day with the maximum in one season being 132 quarters. This does not include sectional, regional, and state tournaments. Another change includes state there is no limit to championship quarters. Another change is that homeschool families can pick a school in 6th, 7th, 8th, and 9th grade to play.

WVSSAC 127 SCR 3 are the provisions of government contests. Several changes were made, including increasing the number of all-star games allowed to be played to two. The three-week window of practice conditioning can be different for each school, instead of a set countywide schedule. All sports days of practice required to play were reduced from 14 to 12 days. A school may submit a waiver to the state school board for a classification change if it can prove that the classification fails to accomplish the purpose of the rule. The section also approved various training for coaches and requires concussion reporting. Football pre-season dates for contact/equipment levels for middle schools were set. The start date for middle school volleyball moved back.

WVSSAC 127 CSR 5 relates to the band and other activities and adds robotic activities to WVSSAC sanctioned activities.

The Joint Committee on Technology heard some of the findings and the recommendations from a Harvard Case Study: “West Virginia: Finding the Right Path Forward.” 

First, it was stated that West Virginia needs both small and big businesses. Larger businesses or trading jobs, such as the coal industry and software, make up one-third of the US job market. These jobs pay 70 percent more than local jobs. Trade jobs increase the market for local jobs. Trade jobs are facing digitalization in every industry. Small businesses or “local jobs” such as your local markets and barber shops, make up the majority of the job market and will always be an important part of the economic strategy. A healthy economic model needs both types of businesses. To build this model, a collaboration between the state and counties is needed, along with a skilled labor force.

The presenters spoke about the opportunities for an expanded energy economy in the state. As coal has declined, natural gas has increased. West Virginia produces 12 percent of the US’s coal and 7 percent of the US’s natural gas. Natural gas is continuing to grow because it is the cheapest form of firm power. Gas is coal’s biggest competitor. Since WV also has a lot of natural gas, the state can benefit for years to come.

A global search for energy security has begun. Europe has pulled away from receiving energy sources from Russia and is searching for a new provider. The US sends 70 percent of liquid gas to Europe. To remain competitive in the natural gas field, a “responsibly source gas (RSG)” certification is needed. The certification is for producers operating in the most environmentally safe way and working to reduce emissions. India is facing a coal shortage. Asia is industrializing and in need of met-coal for steel production. This is an opportunity for WV.

West Virginia has an opportunity with solar production as well. Currently, China dominates solar production due to cheap labor or forced labor and cheap coal. The US has begun banning solar products from China because of forced labor. This means the silicone products needed for solar energy must come from the US, Europe, or Southeastern Asia. West Virginia has the sand and the energy needed to produce the silicone, which can be shipped in the US or globally.

Wind turbine jobs are the second fasting growing jobs. West Virginia has the wind resources to participate in turbines. WV’s participation would create new jobs, as well as support other industries such as steel, construction, and concrete. Wind turbines increase property tax revenues and are more attractive to corporates looking for clean energy options.

The recommendation for coal communities is to turn them into the premier destination for outdoor activities. WV’s mountains are a huge asset. Tourism activities such as ziplining, hiking, ATV riding, and more can take place in these communities.

In addition to these recommendations, the presenters recommended investing in education to support workers, executives, and families.

Watch here.

State Tourism Secretary Chelsea Ruby gave members of the Workforce Investment interim committee an update on the state’s Ascend West Virginia Program during Monday’s meeting in Morgantown.

The Ascend program, launched in April 2021, is designed to entice remote workers to move to West Virginia by offering a one-time incentive package valued at more than $20,000 to a select group of applicants. That figure includes $12,000 in direct cash payments, a year’s worth of outdoor recreation opportunities and access to co-working space, among other perks.

Ruby showed the committee recent polling indicating that exposure to advertisements for the program have increased positive associations about West Virginia as a potential site for relocation for remote work.

The program launched its initial class of Ascend applicants in Morgantown and plans are currently being finalized for a class in Lewisburg, with other cities to follow. The hope is to eventually attract around 1,000 remote workers across five towns in West Virginia.

The initial class in Morgantown attracted a broad, diverse group of 7,500 applicants for 50 spots according to Ruby. The applicants came from all 50 states and more than 70 countries. Of the people who eventually moved to Morgantown, 23 percent are state natives that wanted to return to West Virginia.

Of the 50 people that moved to Morgantown, they brought slightly over two people with them, according to Ruby. She said that roughly 110 people are moving to Morgantown and the workers are earning an average salary of $105,000.

Watch here.

The Joint Judiciary Committee heard a presentation on Cannabis and the Workplace during today’s interim meetings. West Virginia’s current law protects employees from being fired for being a medical cannabis patient. However, companies may retain control of rules and the environment, which means the employer can prohibit employees from being under the influence during work. WV law also protects from violating federal law, meaning if a company has contracts with the federal government, it is not required to hire a medical cannabis patient.

WV does have prohibitions on medical cannabis. The THC in blood content cannot be more than 3 nanograms/ml if operating or in control of chemicals, public utilities, public safety, mining, or heavy machinery. Testing of THC is frequently done by blood or urine testing. Urine isn’t accurate because the test will not show current blood content. If an individual has used cannabis in the last three to 20 days, they will test positive. While blood tests are more accurate, it is more difficult to do at the workplace, because it does require a phlebotomist.

When looking at surrounding states, Pennsylvania, Maryland, and Virginia have similar language for patient protection. There are 22 states with patient hiring protections and five states with termination protection. The national average for impairment level is 5 ng/ml. Many employers are changing their policies. Amazon no longer screens for cannabis use.

Marijuana legalization is the second most cited concern of employers. In May 2019, 51 percent of employers hadn’t updated their policies related to marijuana usage. During this time six percent of employers eliminated testing, while another five percent of employers increased testing. By 2022, about two-thirds of employers have updated their policies with 16 percent eliminating testing.

The issue employers have with marijuana is impairment caused by THC. This is especially concerning in safety-sensitive roles. In 1990, THC content in marijuana was 3 to 6 percent. In 2016, Colorado tested marijuana sold in the state and the THC content was 24 to 26 percent. Oils, butters, and vapes can contain over 90 percent THC.

New York and Connecticut are looking into testing oral fluids. Oral fluid testing can show marijuana usage in the last 12 to 24 hours. The test results are similar to blood testing results. It’s easier to do because it doesn’t require a phlebotomist.

The issue with cannabis uses with employers is the lack of clarity. There is no standard definition of impairment. Employers don’t know when an individual using medical cannabis can be removed from a safety-sensitive role. Studies are being conducted in Colorado, which will hopefully provide future clarity.

Members of the Joint Energy Committee heard from industry experts regarding battery storage during Monday’s legislative interim meetings in Morgantown.

Adam Kabulski, Vice President for Sales and Marketing for EPC Power Corp, discussed grid-level battery storage that can support not only wind and solar, but coal-and gas-fired power generation too.

Kabulski explained that a single battery is just a small flat cell producing about 4 volts. Cells are compiled into modules, modules into cabinet racks and racks into shipping-size containers called power conversion systems (PCS).

Kabulski told members that PCS’s can be helpful in many ways. Grid power demand has peaks and valleys and stored power can draw from storage when demand charges go up. They can also provide backup power in times of interruption. For power plants and grid systems, they can respond quickly to grid demands and fluctuations.

Kabulksi said there is no one-size-fits-all approach to supplying power to the grid. The key is to find balance.

Joel Harrington, Director of Public Energy Policy for the Eastern U.S. branch of Enel North America, discussed six utility scale projects in the works in West Virginia with a total 769 MW of power generation and 185 MW of storage.

Harrington also informed members that Enel is developing a partnership with WVU to support its Energy and Environments program and collaboration with WV Women Work.

Watch here.

The Legislative Oversight Committee on Health and Human Resources Accountability heard a presentation from Commissioner for the WV Bureau for Medical Services. The commissioner stated that she now has four deputy directors. There are currently 101 allocated employee positions, up from 91 allocations in 2017. The vacancy rate is about 18 percent. West Virginia is one of three states with less than 100 employees. CHIP is now combined under the Bureau. CHIP moved into the same offices as Medicaid back in 2017 and they’ve been sharing resources since.

The 5-year administrative budget totals $200 million with $43 million being from state appropriations. Medicare receives $300 million. CHIP receives funds from a two-year block grant.

In 2017, the ACA expanded Medicaid, but staffing has been able to catch up to that. The agency has relied on outside contractors to meet all needs. The state code affects several parts of Medicaid including dental, postpartum care, telehealth, and manage care services.

The commissioner stated she doesn’t feel there is overlap between her agency and other DHHR agencies. However, there are partnerships with Children Services, Behavior Health, Public Health, the Inspector General, and more. The commissioner also provided an overview of technology systems used by the agency and the contracts the agency has.

Watch here.

The Joint Committee on Health heard about childcare in West Virginia today during Interim Meetings. First, they received a brief overview of childcare regulations in the state. The regulation of childcare began in 1942. Childcare subsidiaries began in 1869. In the 1970’s there was a push to make sure childcare providers met specific education requirements.

Currently, the state has 16,777 families who are eligible to receive subsidized childcare. However, only 25 percent of these families are receiving care. It was stated that some families use private or at-home care, which is why such a low percentage receives subsidized childcare through the state.

The main source of funding for childcare is the Child Care and Development Fund. Funds received through this federal and state program must be expended each year. The program provides $54.3 million. Over 2200 families are served.

After COVID began, the state received $22 million of CARES funds for childcare services. An additional $240 was provided through the American Rescue Plan funding to help support to improving the affordability, availability, and quality of childcare. These funds helped stabilize the childcare market. The funds were used to expand services, especially in rural areas. The funds were used to provide more affordable care and more subsidies. Funds were also used to retain staff and provide more professional development. Funds were also used to educate the community about childcare. Once the ARP funds are used, other funds will need to be used for these services. These funds will have to come from grants or other means.

Watch here.